Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 28 March 2017 at 1.00 pm (following the Highland Licensing Committee commencing 10.00 am).

You are invited to attend and a note of the business to be considered is attached.

Webcast notice:  This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of a Licensing Board Item, in order to be entitled to participate in any vote, members must be present throughout all of the proceedings.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Susan Blease
Clerk to the Licensing Board

Business

1.  Apologies for absence
Leisgeulan

2.  Declarations of interest
Foillseachaidhean com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.   Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest.   Advice may be sought from Officers prior to the meeting taking place.

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 7 February 2017.

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

There is circulated Report No HLB/019/17 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017 and inviting the Board to note 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 is circulated Report No HLB/020/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017 and inviting the Board to note the report.

6.  Election period arrangements
Leudachadh chumhachdan tiomnaichte

There is circulated Report No HLB/021/17 by the Clerk inviting the Board to note and agree arrangements for the conduct of licensing functions under the Licensing (Scotland) Act 2005 and the Gambling Act 2005 during the period 29 March 2017 to 8 June 2017.

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

7.1  Ref: HC/INBS/603
Applicant: Marston’s Operating Limited, per John Gaunt and Partners, Omega Court, 373-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Marston’s, Land Opposite Asda, Sir Walter Drive, Slackbuie, Inverness, IV2 6BA
Type:  On Sales

There is circulated Report No HLB/022/17 by the Clerk.

7.2  Ref: HC/CSR/1809
Applicant: The Links House Limited, per Macleod and MacCallum, 28 Queensgate, Inverness, IV1 1DJ
Premises:  Glenshiel, Golf Road, Dornoch, IV25 3LW
Type:  On and Off Sales

There is circulated Report No HLB/023/17 by the Clerk.

7.3  Ref: HC/RSL/1814
Applicant: An Crubh Ltd
Premises:  An Crubh, Duisdale Beag, Isle Ornsay, Isle of Skye, IV43 8QU
Type:  On and Off Sales

There is circulated Report No HLB/024/17 by the Clerk.

7.4  Ref: HC/INBS/606
Applicant: Revolution Bars Ltd, per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Premises:  Revolution, 11-19 Church Street, Inverness, IV1 1DZ
Type:  On and Off Sales

There is circulated Report No HLB/025/17 by the Clerk.

7.5  Ref: HC/INBS/607
Applicant: Aldi Stores Limited, per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Aldi Stores Limited, Grampian Road, Aviemore, PH22 1RH
Type:  Off Sales

There is circulated Report No HLB/026/17 by the Clerk.

7.6  Ref: HC/INBS/604
Applicant: Bruce MacGregor, per Lorna Murray, 45 Culduthel Road, Inverness, IV2 4HQ
Premises:  MacGregors, 109-113 Academy Street, Inverness, IV1 1LX
Type:  On and Off Sales

There is circulated Report No HLB/027/17 by the Clerk.

7.7  Ref: HC/CSR/1812
Applicant: Crasi Ltd t/a An Teallach Ale Company
Premises:  An Teallach Ale Co Brewery Shop, 26 West Argyle Street, Ullapool
Type:  Off Sales

There is circulated Report No HLB/028/17 by the Clerk.

7.8  Ref: HC/CSR/1810
Applicant: Carol Sleith
Premises:  Caledonian House, Rooms and Bistro by the Sea, Main Street, Portmahomack
Type:  On and Off Sales

There is circulated Report No HLB/029/17 by the Clerk.

7.9  Ref: HC/RSL/1813
Applicant: Marks and Spencer Simply Food Limited, per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises:  Marks and Spencer Simply Food, Unit 3, Fort William Retail Park, North Road, Fort William, PH33 6PP
Type:  On and Off Sales

There is circulated Report No HLB/030/17 by the Clerk.

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

8.1  Ref: HC/RSL/1811
Applicant: Isle of Skye Distillers Ltd
Premises: Isle of Skye Distillers Ltd, The Distillery, Hillfoot, Viewfield Road, Portree, Isle of Skye, IV51 9ES
Type: Off Sales

There is circulated Report No HLB/031/17 by the Clerk.

8.2  Ref: HC/INBS/605
Applicant: Ian Campbell Boyd
Premises: The Pagoda, Seafield Avenue, Grantown-on-Spey, PH26 3EF
Type: On and Off Sales

There is circulated Report No HLB/032/17 by the Clerk.

8.3  Ref: HC/CSR/1806
Applicant: Lynne D M Read
Premises: Auld Post Office B and B, Spittal
Type: On Sales

There is circulated Report No HLB/033/17 by the Clerk.

8.4  Ref: HC/CSR/1815
Applicant: JS and TT Ltd
Premises:  JS and TT Limited t/a Jim Bews, 10 Olrig Street, Thurso
Type:  Off Sales

There is circulated Report No HLB/034/17 by the Clerk.

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/RSL/1656
Applicant : John Mann per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling, FK9 4UU  
Premises:  The Corran (formerly The Corran Inn), Onich, Fort William, PH33 6SE
Type:  On and Off-sales

Variation:

1. The Provisional Premises Licence period is due to expire on 13 May 2017 and completion of the premises is imminent however an extension of one year of the Provisional Licence is sought as a precautionary measure;
2. Revise activities within Operating Plan to include Accommodation;
3. Within other activities detailed in the Operating Plan, substitute “Terraced” area with “Decking” area;
4. Variation to Layout Plan – to include five self-contained bedroom suites (2 x self-contained units on the ground floor and 3 x self-contained units on the first floor which may be accessed via an external staircase on the south elevation of the premises); revised internal layout on both the ground and first floors and an outdoor drinking area to be located at the front of the premises;
5. Revision to Children’s policy to reflect revised layout;
6. Change name of Premises to “The Corran”, formerly known as “The Corran Inn”.

There is circulated Report No HLB/035/17 by the Clerk.

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/RSL/0775
Applicant:  Wickman Hotels Ltd
Premises:  Cuillin Hills Hotel, Portree, Isle of Skye, IV51 9QU
Type:  On Sales and Off Sales

Variation:

1. Delete existing seasonal variation for New Year and substitute with a standard seasonal variation to permitted extended hours of the festive period.
2. Increase on sales hours Saturday to Thursday to terminate at 0100 hours the following day and, on a Sunday, to commence at 1100 hours.
3. Change the layout of the premises to reduce the size of the restaurant and create 4 additional bedrooms and amend the description of the premises to show a total of 34 letting bedrooms.

There is circulated Report No HLB/036/17 by the Clerk.

10.2  Ref:  HC/RSL/0821
Applicant:  Praban Na Linne Ltd
Premises:  Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Type:  Off Sales

Variation:

1. Add on sales during operating hours of 1000 hours to 2200 hours daily.
2. To other activities and services add “on sales of alcohol is restricted to paid-for tasting and samplings only”.
3. Add terms of entry for children and young persons as a consequence of on sales being permitted on the premises.

There is circulated Report No HLB/037/17 by the Clerk.

10.3  Ref:  HC/RSL/1320
Applicant:  Jonathan Tully
Premises:  Fasgadh Stores, Dunvegan, Isle of Skye, IV55 8WA
Type:  Off sales

 Variation:

1. Increase licensed hours on a Sunday to commence at 1000 hours.

There is circulated Report No HLB/038/17 by the Clerk.

10.4  Ref:  HC/INBS/95
Applicant:  The Cairngorm Brewery Company
Premises:  Cairngorm Brewery, Unit 12, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type:  On and Off Sales

Variation:

1.  Change operating plan to sell alcohol on and off the premises.

2.  Core Off Sales hours amended to 10.00 -22.00 hrs Monday to Saturday and 12.30-22.00 hrs on Sunday.

3.  Core On Sales hours amended to 11.00-22.00 hrs Monday to Saturday and 12.30-22.00 hrs on Sunday.  This will not be frequent but feel it is necessary to have this option, to enable us to offer a more attractive tour package to customers as we are receiving enquiries for private tour packages outwith the current operating hours.

4.  The carpark and hardstanding area is to be included on the layout plan.

5.  Description of the premises to be amended to read:  'The premises operate as an on and off sales facility for visitors to the brewery in which it is housed, both are contained in an industrial style building on an industrial estate on the outskirts of Aviemore.

On sales would only be part of a tour package.'

6.  Seasonal variation terminal hour to be 18.00 hrs rather than 17.00 hrs unless there is an evening tour booking.

7.  Outdoor drinking facility to be added to the operating plan.

8.  5(f) Private Group bookings on the same basis.

9.  Children to be admitted as follows:

'6(b)  Children and young persons between the ages of 8 and 18 will be permitted on tours if they are accompanied by an adult but they will not be allowed to partake in any tastings of alcohol.

6(c)  See above.

6(d)  As per core on sale and off sale times.

6(e)  N/A.'

10.  Capacity of premises - 25 persons per tour.

There is circulated Report No HLB/039/17 by the Clerk.

10.5  Ref:  HC/CSER/0831
Applicant:  Skelbo Global Ventures Ltd, c/o Leigh Saxon Green LLP, Mutual House, 70 Conduit Street, London
Premises:  Dornoch Stores, 12 Castle Street, Dornoch, IV25 3SN
Type:  Off Sales

 Variation:

1. Increase the licensed hours to terminate at 2100 hrs on any day.
2. Remove Gaming as an activity or service.
3. Increase capacity from 3.15 m² to 13.2 m².
4. Remove seasonal variation to permit year round trading.
5. Refurbishment of premises and relocation of alcohol display area.
6. Amend description of premises to “Single storey food store with capacity for hardware items and gifts on a corner site of a terraced block on Castle Street, Dornoch.

There is circulated Report No HLB/040/17 by the Clerk.

10.6  Ref:  HC/CSR/1498
Applicant:  Emma Davies
Premises:  Eilean Dubh Restaurant, 18 High Street, Fortrose
Type:  On Sales

Variation:

1. Increase licensed hours to 1100 hrs to 0100 hrs the following day on each day.
2. Add off-sales 1000 hrs to 2200 hrs daily.
3. Add an outdoor drinking area.
4. Remove existing seasonal variation and add a new seasonal variation for extended hours during any date or period agreed in terms of Board policy.
5. Increase capacity to 60 persons and add an accessible alcohol capacity of 2 m²
6. To list of services and activities during and outwith core hours add: live performances, dance facilities, theatre, films, gaming and televised sport.
7. Change name of premises to IV10.
8. Internal alterations to create a service/delicatessen counter and add a small extension capable of accommodating an additional 16 customers.
9. Amend description of premises to reflect its new business model as a café bar and delicatessen with a service counter. Alcohol sales will not be restricted to persons   taking a table meal on the premises.

There is circulated Report No HLB/041/17 by the Clerk.

10.7  Ref:  HC/CSR/0559
Applicant:  Greene King Retailing Limited per TLT, 140 West George Street, Glasgow, G2 2HG
Premises:  The Mallard, Station Square, Dingwall
Type:  On and Off Sales

Variation:

1. Increase licensed hours to terminate at 0300 hrs the following day for hours commencing on a Friday and a Saturday
2. To the list of activities add dance facilities during core hours. 
3. To the list of other activities add live bands, singers, disco and dancing, DJ, cabaret, party nights, charity and other community events, quiz nights, dominoes or other social activities and the like.

There is circulated Report No HLB/042/17 by the Clerk.

10.8  Ref:  HC/CSR/1643
Applicant:  Viewfirth Hotels Ltd
Premises:  Novar Arms Hotel, Balconie Street, Evanton
Type:  On Sales

 Variation:

1. Increase on-sales licensed hours on a Sunday to commence at 1100 hrs and terminate at 0100 hrs the following day.
2. Add off-sales as a permissible activity during the hours of 1000 hrs to 2200 hrs each day of the week.
3. Amendment to the layout of the premises to include an outdoor drinking area at the front of the premises.
4. Amendment to the list of activities provided to include outdoor drinking during and outwith core hours and to permit, where appropriate, other activities outwith core hours.
5. Change premises manager to Ralph Mercer

There is circulated Report No HLB/043/17 by the Clerk.

10.9  Ref:  HC/RSL/1645
Applicant:  Roger Niemeyer
Premises:  Glencoe House, Glencoe, PH49 4HT
Type:  On Sales

Variation:

1. Variation to layout plan – extend the footprint of the premises to include separate building known as The Bell Tower (former Stable Block) which will comprise of six new guest suites.
2. Revise description of the premises to reflect additional six guest suites.

There is circulated Report No HLB/044/17 by the Clerk.

10.10  Ref:  HC/RSL/0462
Applicant:  The McLean Pension Trust, per Twindeer Law, Ben Nevis Auction Mart, Torlundy, Fort William, PH33 6SQ
Premises:  4 Cameron Square, Fort William, PH33 6AJ
Type:  On and Off Sales

Variation:

1. Increase capacity of premises to 100 persons (currently 45 persons).
2. Increase on and off-sale operating hours on Sundays to commence at 1200 hours (currently 1230 hours).

There is circulated Report No HLB/045/17 by the Clerk.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1  Premises:  The Dower House, Highfield, Muir of Ord
Licence Holder:  Aitchison Hotels Ltd

The above Premises Licences have been surrendered in terms of Section 28(5)(f).