Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Friday 9 June 2017 at 4.15pm.

Present:

Mr J Bruce, Dr I Cockburn, Mr A Jarvie, Ms E Knox, Mrs L MacDonald, Mr D Macpherson and Mrs P Munro.

In Attendance:

Ms S Blease, Clerk
Ms C McArthur, Depute Clerk
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant R Ross, Police Scotland
PC J Williamson, Police Scotland

Item 9.1:   Mr S Stirling, Applicant
Item 9.3:   Mrs L Murray, Solicitor for the Applicant
Item 9.6:   Mrs L Murray, Solicitor for the Applicant
Item 10.1: Mr G Johnston, Applicant
Item 11.1: Mr N Hassard, Solicitor for the Applicant
Item 12.2: Mrs L Murray, Solicitor for the Applicant
Item 12.3: Mrs L Murray, Solicitor for the Applicant
Item 12.4: Mrs L Murray, Solicitor for the Applicant
Item 12.6: Mr D Skinner, Applicant
Item 12.8: Ms A Raynsford, Applicant
Item 16.1: Mrs L Murray, Solicitor for the Applicant

Briefing on Protocol for Webcasting of Meetings

The Clerk took the Chair pending the appointment of the Convener. She 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

There were no apologies for absence.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt.

There were no declarations of interest.

3.  Election of Convener
Cur Neach-gairm an Dreuchd

The Clerk advised that in terms of paragraph 6 of Schedule 1 to the Licensing (Scotland) Act 2005 the Board must, at their first meeting after the election of members of the Board, elect one of their members as convener of the Board.

The Clerk then invited nominations for the position of Convener.

Mrs L MacDonald seconded by Mrs P Munro moved that Dr I Cockburn be appointed.

There being no other nominations, the Board AGREED to appoint Dr I Cockburn as Convener of the Board.

4.  Election of Vice-Convener
Cur Iar-Neach-Gairm an Dreuchd

The Convener then invited nominations for the position of Vice-Convener.

Mr A Jarvie seconded by Mr D Macpherson moved that Mrs L MacDonald be appointed.

There being no other nominations, the Board AGREED to appoint Mrs L MacDonald as Vice-Convener of the Board.

5.  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 28 March 2017.

The Minute was held as read and APPROVED.

6.  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/046/17 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 16 March 2017 to 29 May 2017.

The Board NOTED the report.

7.  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/047/17 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 16 March 2017 to 29 May 2017.

The Board NOTED the report.

8.  Highland Licensing Board Financial Report 2016-17
Aithisg Ionmhasail Bòrd Ceadachd na Gàidhealtachd 2016-17

There had been circulated Report No HLB/048/17 by the Clerk inviting the Board to approve the Board’s first annual Financial Report for publication in accordance with section 9B of the Licensing (Scotland) Act 2005.

On hearing from the Clerk, the Board APPROVED the draft Financial Report 2016-17 for publication in accordance with section 9B of the 2005 Act with the caveat contained therein that it is not to be relied upon as a precise statement of income and expenditure in that financial year.

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

9.1 Ref: HC/INBS/609
Applicant: Inverness College UHI per Stuart Stirling
Premises: Inverness College UHI, Inverness Campus, IV2 5NA
Type: On and Off Sales

There had been circulated Report No HLB/049/17 by the Clerk which invited the Board to determine the application.

The Depute Clerk advised that the off sales hours as set out at 2.1 of the report should read 10:00 hours to 22:00 hours rather than to 01:00 hours.

Mr S Stirling, applicant, clarified that the off sales element of the application related to the sale of alcohol at food fairs held at the College, and would not be an off sales facility for students within the premises.

The Board AGREED to GRANT the premises licence subject to mandatory conditions, the special condition as set out at 7.3 of the report and the following amendment to the report:

• at 2.1 of the report, off sales hours should read as 10:00 to 22:00 hours rather than to 01:00 hours.

9.2 Ref: HC/CSR/1817
Applicant: Balnapolaig Management Limited
Premises: The Steading, 4 Balnapolaig, Dornoch, IV25 3HA
Type: On and Off Sales

There had been circulated Report No HLB/050/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the premises licence subject to mandatory conditions and the special condition as set out at 7.3 of the report.

9.3 Ref: HC/CSR/1821
Applicant: SYHA (Trading) Ltd per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Gairloch Youth Hostel, Carn Dearg, Gairloch
Type: On and Off Sales

There had been circulated Report No HLB/051/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the premises licence subject to mandatory conditions, the local condition and special late hours conditions as set out at 7.2 and 7.3 respectively of the report.

9.4 Ref: HC/CSR/1820
Applicant: Aurora Brewing Ltd
Premises: Wolfburn Distillery, Henderson Park, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/052/17 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer reported that the applicants had requested the reference to pre-booking at paragraph 5.6 of the report be removed to accommodate the significant increase in the number of passing visitors as a result of the North Coast 500 route.

The Board AGREED to GRANT the premises licence subject to mandatory conditions, the special condition as set out at 7.3 of the report and to the reference to pre-booking at para 5.6 being removed.

9.5 Ref: HC/RSL/1824
Applicant: Knoydart Trading Limited
Premises: Knoydart Foundation Community Shop, Knoydart, by Mallaig, PH41 4PL
Type: Off Sales

There had been circulated Report No HLB/053/17 by the Clerk which invited the Board to determine the application.

The Depute Clerk advised that paragraph 2.1 of the report should read Off Sales rather than On sales and Off Sales hours should read 10:00 to 20:00 hours.

The Board AGREED to GRANT the premises licence subject to mandatory conditions only and the following amendments to the report:

• at 2.1 of the report, it should read Off Sales rather than On sales and Off Sales hours should read 10:00 to 20:00 hours.

9.6 Ref: HC/RSL/1819
Applicant: SYHA (Trading) Ltd
Premises: Durness Youth Hostel, Smoo, Durness, IV27 4QA
Type: On and Off Sales

There had been circulated Report No HLB/054/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the premises licence subject to mandatory conditions, the local condition and special conditions as set out at 7.2 and 7.3 respectively of the report.

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

10.1 Ref: HC/INBS/608
Applicant: Glenfold Limited per Harper Macleod LLP, Solicitors, The Ca’d’oro, 45 Gordon Street, Glasgow, G1 3PE
Premises: UrPAL Tours, 55 Church Street, Inverness, IV1 1ST
Type: Off Sales

There had been circulated Report No HLB/055/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions only.

10.2 Ref: HC/RSL/1822
Applicant: Drimnin Distillery Limited
Premises: Drimnin Distillery, Drimnin, By Lochaline, PA80 5XZ
Type: On and Off-Sales

There had been circulated Report No HLB/056/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions, the local conditions and special condition as set out 7.2 and 7.3 respectively of the report.

10.3    Ref: HC/RSL/1823
Applicant: Partnership of Britta Bernard and Iain W Biggart
Premises: Knoydart River Cottage, Knoydart, By Mallaig, PH41 4PL
Type: On and Off Sales

There had been circulated Report No HLB/057/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions only.

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

11.1 Ref: HC/RSL/1746
Applicant : Aldi Stores Limited per TLT LLP Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi, Unit A, Fort William Retail Park, North Road, Fort William, PH33 6PP
Type: Off-Sales

There had been circulated Report No HLB/058/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions only.

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

12.1 Ref: HC/CSR/1088
Applicant: Royal Dornoch Golf Club
Premises: Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Type: On and Off Sales

There had been circulated Report No HLB/059/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to to GRANT the major variation sought subject to mandatory conditions, existing local conditions and the additional local condition as set out at 8.2 of the report.

12.2 Ref: HC/INBS/25
Applicant: Stonegate Pub Company Limited per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Lauders, 16 Church Street, Inverness, IV1 3EB
Type: On and Off Sales

There had been circulated Report No HLB/060/17 by the Clerk which invited the Board to determine the application.

The Licensing Standards Office provided an update to the application and advised that an acceptable noise management plan and evacuation and drugs policies had now been received. 

Mrs L Murray on behalf of the applicant, advised that Police Scotland had also confirmed in writing that the CCTV system was also acceptable. 

The Board AGREED to GRANT the major variation sought subject to mandatory conditions, existing local conditions, amended local condition (j), additional local conditions and the special conditions (1), (2) and (3) as set out at 8.2 and 8.3 respectively of the report.

12.3 Ref: HC/INBS/31
Applicant: Inverness Ice Centre Ltd per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4 HQ
Premises: Inverness Ice Centre, Bught Drive, Inverness, IV3 5SR
Type: On and Off Sales

There had been circulated Report No HLB/061/17 by the Clerk which invited the Board to determine the application.

The Licensing Standards Office advised of an amendment to remove local condition (b) and substitute a special condition so that the requirement that all children must be accompanied by an adult in any room with a bar counter did not apply to the licence holder’s children or children who were resident on the premises or to children who were present until no later than 22:00 hours on the lower floor of the part of the premises referred to as the Curlers Bar. He confirmed the applicant was content with the proposed amendment to the conditions.   

The Board AGREED to GRANT the major variation sought subject to mandatory conditions, existing local conditions, the additional local condition and special conditions as set out at 8.2 and 8.3 respectively of the report and the following amendment:

• Removal of local condition (b) and substitute a special condition as follows:
  ‘Whilst in any room with a bar counter, all children must be in the company of, or supervised by an appropriate responsible adult.  This condition does not apply to children of the licence holder or children who are resident on the premises or to children who are present until no later than 22:00 hours on the lower floor of the part of the premises referred to as the Curlers Bar.

12.4 Ref: HC/INBS/599
Applicant: Cairngorm Spas Ltd 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/062/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions only.

12.5 Ref: HC/INBS/246
Applicant: Carlton Clubs plc per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Carlton Bingo, Beechwood Park North, Inverness, IV2 3ED
Type: On Sales

There had been circulated Report No HLB/063/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions only.

12.6 Ref: HC/INBS/303
Applicant: Loch Ness Lodge Hotel Company Ltd per Donald Skinner
Premises: Nessieland, Drumnadrochit, Inverness-shire, IV63 6TU
Type: Off Sales

There had been circulated Report No HLB/064/17 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer advised that for the avoidance of doubt the applicant had confirmed that alcohol would only be sold or supplied on the premises to persons taking table meals for consumption by such a person as an accompaniment to a meal. It was therefore recommended that this be imposed as a condition to any grant of a licence.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions and the inclusion of a special condition as follows:

• Alcohol may only be sold or supplied on the premises to persons taking table meals for consumption by such a person as an accompaniment to a meal.

12.7 Ref: HC/INBS/59
Applicant: Gillian Fiona Newton, The Gables, Essich, IV2 6AH
Premises: Heathmount Hotel, Kingsmills Road, Inverness, IV2 3JU
Type: On and Off Sales

There had been circulated Report No HLB/065/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions, existing local conditions and the additional local conditions as set out at 8.2 of the report.

12.8 Ref: HC/INBS/142
Applicant: Andrea Raynsford and Mark Robertson, The Star Hotel, 3 Church Street, Nairn, IV12 4AP
Premises: The Star Hotel, 3 Church Street, Nairn, IV12 4AP
Type: On and Off Sales

There had been circulated Report No HLB/066/17 by the Clerk which advised that timeous notices of objection had been received from Iona and Colin Hampson and Carol Leiper.  The report invited the Board to determine the application.

The Licensing Standards Officer confirmed that the objectors were not present at the meeting.  They were unable to attend due to work commitments. He had spoken to Ms C Leiper in relation to her objections and the noise management plan which had been submitted by the applicants in respect of the premises. He advised that her main concern related to the conduct of people outside the premises rather than on the premises. He indicated that he was satisfied the applicants had sufficient measures in place to mitigate against any potential noise nuisance.

Thereafter, Ms A Raynsford, applicant, advised that in consultation with the Environmental Health Officer the noise management plan had been updated to address the objections. She also confirmed that an amendment to the application was being sought to change the commencement hour on a Sunday from 12:30 hours to 11:00 hours. 

The Board AGREED to grant the major variation sought subject to mandatory conditions, existing local conditions, the additional local conditions, special conditions as set out at 8.2 and 8.3 respectively of the report and the following amendment:

• Changing the off-sales hour commencement hour on a Sunday to 11:00 hours to align with on-sales hours.

12.9 Ref: HC/CSR/1020: JD Wetherspoon (Scot) Ltd
Premises: The Alexander Bain, Market Place, Wick
Type: On and Off Sales

There had been circulated Report No HLB/067/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions, deletion of existing local condition (b) and addition of the special condition as set out at 8.2 and 8.3 respectively of the report.

12.10 Ref: HC/CSR/1017|
Applicant: Hart Hotels Ltd per Kilpatrick and Walker, 4 Wellington Square, Ayr, KA7 1EN
Premises: Garve Hotel, Garve
Type: On and Off Sales

There had been circulated Report No HLB/068/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions only.

12.11 Ref: HC/CSR/1100
Applicant: Kevin Gunn
Premises: Inver Inn, Inver, Tain
Type: On and Off Sales

There had been circulated Report No HLB/069/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to to GRANT the major variation sought subject to mandatory conditions, existing local conditions and the additional local condition and special late hours conditions as set out at 8.2 and 8.3 respectively of the report.

12.12 Ref: HC/CSR/1433
Applicant: St Peter’s Masonic Lodge Club
Premises: St Peter’s Masonic Lodge Club, Olrig Street, Thurso
Type: On Sales

There had been circulated Report No HLB/070/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions and existing local conditions.

12.13 Ref: HC/CSR/1474
Applicant: Strathpeffer Golf Club
Premises: Strathpeffer Golf Club, Golf Course Road, Strathpeffer
Type: On Sales

There had been circulated Report No HLB/071/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions and existing local conditions.

12.14 Ref: HC/CSR/1037
Applicant: D A Stephen Associates Ltd t/a The Victoria
Premises: The Victoria, 4 High Street, Dingwall
Type: On Sales

There had been circulated Report No HLB/072/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions, existing local conditions and the additional local conditions as set out at 8.2 of the report.

12.15 Ref: HC/RSL/1465
Applicant: Central Skye Hotels Limited
Premises: Sligachan Hotel, Sligachan, Isle of Skye, IV47 8SW
Type: On Sales and Off Sales

There had been circulated Report No HLB/073/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions and existing local conditions.

12.16: Ref: HC/RSL/1556
Applicant: J D Wetherspoon (Scot) Ltd
Premises: The Great Glen, 98-104 High Street, Fort William, PH33 6AD
Type: On Sales and Off Sales

There had been circulated Report No HLB/074/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation sought subject to mandatory conditions and existing local conditions.

13. Licensing (Scotland) Act 2005 Section 34 - transfer of premises licence
Achd Ceadachd (Alba) 2005, Earrann 34 – gluasad ceadachd togalaich

13.1 Ref: HC/CSR/0326
Applicant: Martin McColl Limited
Premises: Co-operative Group Food Limited, Coulhill Locality Centre, Coulhill, Alness

There had been circulated Report No HLB/075/17 by the Clerk which advised that Police Scotland had given notice of a relevant conviction by letter of 9 May 2017, a copy of which was appended to the report.

The Board AGREED to GRANT the application for transfer of premises licence.

13.2 Ref: HC/CSR/0337
Applicant: Martin McColl Limited
Premises: Co-operative Group Food Limited, 2 Mount Pleasant Road, Thurso

There had been circulated Report No HLB/076/17 by the Clerk which advised that Police Scotland had given notice of a relevant conviction by letter of 9 May 2017, a copy of which was appended to the report.

The Board AGREED to GRANT the application for transfer of premises licence.

14.  Licensing (Scotland) Act 2005 Section 74 - applications for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – iarrtasan airson ceadachd phearsanta

14.1 Applicant: Kamil Grzegorz Iciek

There had been circulated Report No HLB/077/17 by the Clerk which advised that notification dated 16 May 2017 had been received from Police Scotland under Section 73 of the Licensing (Scotland) Act 2005 that the applicant Kamil Grzegorz Iciek, [text removed from web version in compliance with Data Protection Act 1998]

Following discussion, the Board AGREED to REFUSE the application for a personal licence on the grounds that, having had regard to the Police Scotland letter the Board was satisfied that it was necessary to do so for the purposes of the licensing objective of preventing crime and disorder given the nature and recent occurrence [text removed from web version in compliance with Data Protection Act 1998]

14.2 Applicant: Stacey Nolan

There had been circulated Report No HLB/078/17 by the Clerk which advised that notification dated 12 April 2017 had been received from Police Scotland under Section 73 of the Licensing (Scotland) Act 2005 that the applicant, Stacey Nolan,[text removed from web version in compliance with Data Protection Act 1998]

[text removed from web version in compliance with Data Protection Act 1998]

The Board AGREED to GRANT the application for a personal licence subject to the standard conditions.

15.  Surrender of premises licence
Gèilleadh ceadachd togalaich

15.1 Premises: Moorfield House, Deshar Road, Boat of Garten, PH24 3BN
Licence Holder: Firm of GL and HL Harris trading as Moorfield House

15.2 Premises: Café Beag, Glen Nevis, Fort William, PH33 6SX
Licence Holder: Glen Nevis Holidays Limited

15.3 Premises: Brooklynn, Grant Road, Grantown-on-Spey, PH26 3LA
Licence Holder: Silvia Woodier

15.4 Premises: East Kindrummond Farm, Dores, Inverness, IV2 6TU
Licence Holder: Andrew Lyle

The Board NOTED that the above premises licences had been surrendered in terms of Section 28(5)(f).

16. The Gambling Act 2005
Achd na Cearrachd 2005

16.1 Variation Application: Licensed Premises Gaming Permit
Ref: HC/INBS/LPGM/323
Applicant: Stonegate Pub Company Limited
Premises: The Caledonian, 9-11 High Street, Inverness, IV1 1HY

There had been circulated Report No HLB/079/17 by the Clerk which advised that an application had been received to increase the number of Category C machines at the premises from three to four.

Mrs L Murray for the applicant, advised that the additional machine would be located next to an existing machine and in full view of the bar counter. She also highlighted that there were no objections to the application.

In discussion, it was suggested that this was a large premises undergoing significant renovations and that the grant of the application would not result in overprovision at this premises.

The Board AGREED to GRANT the application.

The meeting ended at 4.50pm.