Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 December 2016 at 2.30pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson (Items 10.4 to 13), Mrs L Macdonald and Ms M Smith.

In Attendance:

Ms S Blease, Clerk
Ms C McArthur, Solicitor–Regulatory Services
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant B Gray, Police Scotland

Item 7.1:   Mr D and Mrs C Morrell, Applicant
Item 8.1:   Mrs L Murray, Solicitor for the Applicant
Item 8.3:   Mr M Macpherson, Applicant
Item 9.1:   Mrs L Murray, Solicitor for the Applicant
Item 10.1: Mr D Steel, representative for the Applicant
Item 10.2: Ms F Sinclair, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.3: Mr Orr, Applicant and Mr D Hossack, Solicitor for the Applicant
Item 10.4: Mr S Gaik, Applicant and Mrs L Murray, Solicitor for the Applicant

Briefing on Protocol for Webcasting of Meetings

Dr I Cockburn in the Chair

The Convener advised the Board that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.

1.  Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mr W Mackay, Mrs G Sinclair and Mr J Stone.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 1 November 2016.

The Minute was held as read and APPROVED.

4.  Licensing (Scotland) Act 2005
Licences granted under delegated powers
Achd Ceadachd (Alba) 2005
Ceadachdan a bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLB/105/16 detailing licences which had  been granted under delegated powers by the Clerk to the Board during the period 19 October 2016 to 22 November 2016 and inviting the Board to note the report.

The Board NOTED the report.

5.  Licensing (Scotland) Act 2005
Occasional licences and extended hours
granted under delegated powers
Achd Ceadachd (Alba) 2005
Ceadachdan Corra-uair agus uairean sìnte a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLB/106/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 19 October 2016 to 22 November 2016 and inviting the Board to note the report.

The Board NOTED the report.

6.  Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There had been circulated Report No HLB/107/16 by the Clerk detailing the consultation responses to the Consultation Draft Policy Statement set out in the Appendix and inviting the Board to agree the terms of its Policy Statement 2017-20 following consideration of these consultation responses.

The Board AGREED to the terms of its Policy Statement following consideration of the consultation responses.

7.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

7.1 Ref: HC/CSR/1797
Applicant: Carole Morrell
Premises: The Caberfeidh Hotel, Main Street, Golspie, KW10 6RA
Type: On and Off Sales

There had been circulated Report No HLB/108/16 by the Clerk which advised that a representation had been received from the Scottish Fire and Rescue Service in response to the application, details of which were provided at Appendix 1 to the report.

The Depute Clerk reported that confirmation had been received from the Scottish Fire and Rescue Service that their concerns in relation to the applicant’s duties under the Fire (Scotland) Act 2005 had now been addressed and therefore the Service had no further concerns or  representations in respect ofthe licence being granted.

The Board AGREED to grant the application subject to mandatory conditions, local conditions, special conditions and late opening premises conditions as set out at paragraphs 7.1 to 7.4 respectively of the report.

7.2 Ref: HC/CSR/1794
Applicant: Anna Lane Paterson
Premises: The Ship Inn, Shore Road, Invergordon
Type: On Sales

There had been circulated Report No HLB/109/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 7.2 of the report.

8.  Licensing (Scotland) Act 2005
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha

8.1 Ref: HC/INBS/599
Applicant: Cairngorm Spas Ltd, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Highland Home Centre, Unit 18, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type: On and Off Sales

There had been circulated Report No HLB/110/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions only.

8.2 Ref: HC/INBS/600
Applicant: One One Two on The Brae Ltd, 112 High Street, Nairn, IV12 4DE
Premises: Café One One Two, 112 High Street, Nairn, IV12 4DE
Type: On and Off Sales

There had been circulated Report No HLB/111/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions only.

8.3 Ref: HC/INBS/601
Applicant: The Malt Room Bars Limited, 1 Marbaix Gardens, Isleworth, London, TW7 4FD
Premises: The Malt Room, 34 Church Street, Inverness, IV1 1EH
Type: On Sales

There had been circulated Report No HLB/112/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 7.2 of the report.

8.4 Ref: HC/RSL/1796
Applicant: David Smillie
Premises: 141B High Street, Fort William, PH33 6EA
Type: On Sales

There had been circulated Report No HLB/113/16 by the Clerk which invited the Board to determine the application.

The Depute Clerk explained that discussions had been ongoing between the applicant and the Council’s Building Standards with regard to agreeing a capacity figure for incorporating within the operating plan, and confirmed this matter had now been resolved.

The Board AGREED to grant the application subject to mandatory conditions, local conditions, late opening conditions and special conditions as set out at paragraphs 7.1 to 7.4 respectively of the report.

9.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005.
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/CSR/1725
Applicant: Co-operative Group Food Limited per Hill Brown, Licensing RWF House, 5 Renfield Street, Glasgow
Premises: The Co-operative Food, School Road, Conon Bridge
Type: Off Sales

There had been circulated Report No HLB/114/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions only.

10.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

10.1 Ref: HC/CSR/1408
Applicant: Alness Golf Club
Premises: Alness Golf Club, Ardross Road, Alness
Type: On Sales

There had been circulated Report No HLB/115/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at paragraphs 8.1 to 8.4 respectively of the report.

10.2 Ref: HC/CSR/0595
Applicant: Highland Travel Inns Limited per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Ferry Inn, Scrabster, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/116/16 by the Clerk which advised that a letter of representation dated 28 October 2016 had been received from Police Scotland on the basis the proposal to vary on-sales hours for Saturdays was outwith the Board’s policy in that the hours requested exceeded the 14 hour period of continuous trading.

Mrs L Murray the applicant’s solicitor, explained there was no overall increase in the total number of licensed hours being applied for on a Saturday, noting that the premises had operated its current licensing hours for a number of years, these having being granted by a previous District licensing board. She suggested that the hours enjoyed by the premises reflected its unique trading position, located next to Scrabster harbour and serving local residents, ferry passengers, tourists, fishermen and harbour staff. She also advised that the Licensing Standards Officer had confirmed in his report that approval of the application would not create a precedent, given the unique history of the premises and its location. It had also been demonstrated over a number of years that the premises could operate without complaint or detriment to the local area.  She confirmed that the applicant sought to amend the application to allow on-sales from 1015 hours on Saturdays and off-sales from 1000 hours on Sundays.

The Board AGREED  to grant the application (as amended by the applicant to allow on-sales from 1015 hours on Saturdays and off-sales from 1000 hours on Sundays) subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at paragraphs 8.1 to 8.3 respectively of the report.

10.3 Ref: HC/CSR/0706
Applicant: Diageo Scotland Limited per Morton Fraser, Quartermile Two, 2 Lister Square, Edinburgh
Premises: Glen Ord Distillery Visitor Centre, Muir of Ord
Type: Off Sales

There had been circulated Report No HLB/117/16 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer clarified that the capacity for the reconfigured and extended premises would be 48.34m² which appeared to be in excess of the Board’s policy on off-sales overprovision. However he explained that the premises contained both a visitor centre which was open to the general public and a staff shop which was accessible only to staff and had restricted opening hours. In terms of capacity, the split between the two areas was that the visitor centre extended to 36.74m² and the staff area extended to 11.6m².

Mr Hossack, the applicant’s solicitor, explained that the staff shop was open only to the Company’s current and retired employees, and was not visible to the public. The staff shop sold a range of the Company’s products, while the visitor centre primarily focused on Glen Ord and other whisky products.   

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 8.2 of the report.

10.4 Ref: HC/INBS.191
Applicant: The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pinsent Masons LLP, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: The Filling Station, 8-10 Academy Street, Inverness, IV1 1JT

There had been circulated Report No HLB/118/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and existing local conditions

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: Farr Cottage Lodge, Corpach, Fort William, PH33 7LR
Licence Holder: Cliff Johnson

The Board NOTED the above Premises Licence had been surrendered in terms of Section 28(5)(f).

11.2 Premises: Letterfinlay Lodge Hotel, Spean Bridge, PH34 4DZ
Licence Holder: Premier Developments (Lochaber) Limited

The Board NOTED the above Premises Licence ceased to have effect in terms of Section 28(1)(b).

11.3 Premises: Papa Rock, 111 Grampian Road, Aviemore, PH22 1RH
Licence Holder: Upland Developments Ltd

The Board NOTED the above Premises Licence had been surrendered in terms of Section 28(5)(f).

11.4 Premises: Levels Ltd, 26-28 Union Street, Inverness, IV1 1PX
Licence Holder: Ali Raza Mohamed

The Board NOTED the above Premises Licence had been surrendered in terms of Section 28(5)(f).

12.  The Gambling Act 2005
Achd na Cearrachd 2005

12.1    Application for gaming machine permit for 3 machines
Ref: HC/INBS/285
Applicant: Greene King Retailing Ltd, Westgate Brewery, Bury St Edmunds, Suffolk, IP33 1QT
Premises: Auctioneers, 28 Church Street, Inverness, IV1 1EH

There had been circulated Report No HLB/119/16 by the Clerk which invited the Board to determine an application in respect of the above premises for a permit for the provision of a total of 3 category C machines.

The Board AGREED to grant the application.

13.  Dates of Meetings in 2017
Cinn-latha Choinneamhan ann an 2017

The Committee NOTED the following dates for 2017, as agreed at The Highland Council on 27 October 2016, and that all meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

6 January, 7 February, 28 March, 9 June, 2 August, 3 October, 1 November and 5 December.

The meeting ended at 2.50pm.