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, 5 December 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.

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 1 November 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/128/17 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 20 October 2017 to 22 November 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/129/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 20 October 2017 to 22 November 2017 and inviting the Board to note the report.

6. Response to Scottish Government draft guidance for completion of disabled access and facilities statements                                    
Freagairt do dhreachd stiùireadh Riaghaltas na h-Alba airson aithrisean inntrigeadh is ghoireasan chiorramach a chrìochnachadh

There is circulated Report No HLB/130/17 inviting the Board to note the invitation from the Scottish Government Justice Directorate to comment on the draft guidance they have prepared for applicants completing the disabled access and facilities statements which are to be included with premises licence applications once the amendments to section 20(2)(b) of the Licensing (Scotland) Act 2005 made by section 179 of the Criminal Justice and Licensing (Scotland) Act 2010 come into effect.

The Board is further invited to approve the draft comments on the draft guidance and amendment regulations appended to the Report as the Board’s response to the Scottish Government Justice Directorate, subject to any amendments to these comments which the Board wishes to make.

7. Response to UK Government consultation on proposals for changes to gaming machines and social responsibility measures             
Freagairt do cho-chomhairle Riaghaltas na RA mu mholaidhean airson atharrachaidhean do dh’innealan geamaireachd agus tomhasan dleastanais shòisealta

There is circulated Report No HLB/131/17 inviting the Board to approve the draft consultation response as set out at Appendix B in relation to the UK Government’s proposals for changes to gaming machines and social responsibility measures and to raise any other relevant issues, supported by evidence, which should be included as part of this consultation and which have not already been covered.

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

8.1  Ref: HC/CSR/1839
Applicant: Captain Jonathan R Stoneley
Premises: Charleston House, Flowerdale Bay, Gairloch
Type: On Sales

There is circulated Report No HLB/132/17 by the Clerk.

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

9.1  Ref: HC/INBS/616
Applicant: Marie Goodman, Brockies Bar, Kiltarlity, by Beauly, IV4 7HW per Lorna Murray, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Brockies Bar, Kiltarlity, by Beauly, IV4 7HW
Type: On Sales

There is circulated Report No HLB/133/17 by the Clerk.

9.2  Ref: HC/RSL/1845
Applicant: Malthurst Petroleum Limited per Harper MacLeod, The Ca’d’oro, 45 Gordon Street, Glasgow, G1 3PE
Premises:  Ben Filling Station, North Road, Fort William
Type:   Off-Sales

There is circulated Report No HLB/134/17  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/INBS/430
Applicant:  Inverness Golf Club, Culcabock Road, Inverness, IV2 3XQ
Premises:  Inverness Golf Club, Culcabock Road, Inverness, IV2 3XQ
Type:  On and Off Sales

 Variation:

1. On sales terminal hour on Saturday to be increased to 0100 hours rather than 2345 hours.
2. On sales terminal hour on Sunday to be increased to 0100 hours rather than 2300 hours.

There is circulated Report No HLB/135/17 by the Clerk.

10.2  Ref:  HC/INBS/601
Applicant:  The Malt Room Bars Ltd
Premises:  The Malt Room, 34 Church Street, Inverness, IV1 1EH
Type:  On Sales

 Variation:

1. Amend on sales terminal hour Monday-Thursday to be increased to 0100 hours rather than 2400 hours.
2. Off sales to commence at 1200 hours and terminate at 2200 hours Monday-Sunday.
3. Inclusion within operating plan at section 5(f) ‘tutored tastings.’
4. Seasonal variations to allow premises to operate in line with festive policy and any other extensions granted by the Board.
5. Live performances to be added to operating plan.

There is circulated Report No HLB/136/17 by the Clerk.

10.3  Ref:  HC/INBS/254
Applicant:  Punch Partnership Limited, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Gellions, Bridge Street, Inverness, IV1 1HD
Type:  On and Off Sales

 Variation:

1. Friday and Saturday on sales terminal hour to be amended to 0200 hours.
2. Operating plan: Q5(g) late night premises opening after 0100 hours, please answer the following:
Music over 85dB – ‘No’
More standing than seated – ‘Yes’

There is circulated Report No HLB/137/17 by the Clerk.

10.4  Ref:  HC/INBS/277
Applicant:  The Benleva Hotel Limited, Kilmore Road, Drumnadrochit, Inverness-shire, IV63 6UH per Keith Falconer, MacPhee & Partners, Airds House, An Aird, Fort William, PH33 6BL
Premises:  Benleva Hotel, Kilmore Road, Drumnadrochit, IV63 6UH
Type:  On and Off Sales

 Variation:

1. On sales terminal hours for Saturday to be extended to 0100 hours rather than 2345 hours.
2. Change to children’s policy:

6(b) Terms:  The applicants actively welcome families to the premises.  Whilst on the premises all children must be in the company of an appropriate adult although this will not apply to young persons.  This will not apply to children who are resident on the premises when not in bar servery areas.  No children will be permitted to sit or remain at the bar counter at any time.

6(c) Ages:  0-17 inclusive.

6(d) Times:  From 1100 hours to 2200 hours for the bar areas except during private functions for the purpose of taking a meal. Children and young persons’ resident in the hotel, will be entitled to be present in the sleeping accommodation overnight and other public area at all times.

6(e) Parts:  Children and young persons’ will be allowed entry to the bar, lounge bar, dining area and outdoor drinking area, public areas and bedrooms.  Children and young persons’ can be in the bar for the purpose of passing to or from some other part of the premises from which there is no other convenient means of access or egress.

There is circulated Report No HLB/138/17 by the Clerk.

10.5  Ref:  HC/INBS/608
Applicant:  Glenfold Limited, Unit 3, 15 Lotland Street, Inverness, IV1 1ST
Premises:  UrPal Tours, 55 Church Street, Inverness, IV1 1DR
Type:  Off Sales

 Variation:

1. Increase of alcohol capacity for shop display (to 12.51 m2).
2. Add whisky/gin/beer tastings to section 5(r) of operating plan.
3. Revised shop layout to incorporate new display and licensed tasting area.
4. Under activities 5(f) add: ‘Tastings of alcoholic products will be offered to customers during licensed hours’.

There is circulated Report No HLB/139/17 by the Clerk.

10.6  Ref:  HC/RSL/1381
Applicant:  Kentallen Leisure Limited, Hollytree Hotel, Kentallen, PA38 4BY
Premises:  Hollytree Hotel, Kentallen, Duror, Argyll, PA38 4BY
Type:  On and Off Sales

 Variation:

1. Increase terminal core on-sale hours:  Monday to Wednesday increase from 0000 hours to 0100 hours; Sunday increase from 2345 hours to 0100 hours
2. Increase opening core off-sale hours : Monday to Saturday from 1100 hours to 1000 hours; Sunday increase from 1230 hours to 1000 hours
3. Extend footprint of premises to include additional lounge dining area and new outdoor drinking area
4. Resultant increase in capacity from 200 persons to 240 persons
5. Creation of new off-sale display area comprising of 8sqm
6. Alterations to layout of bedrooms, namely wardrobes.
There is circulated Report No HLB/140/17 (pp 83 - 86) by the Clerk.

10.7  Ref:  HC/CSR/0400
Applicant:  Lidl UK GmbH
Premises:  Lidl UK GmbH, Morangie Road, Tain
Type:  Off Sales

 Variation:

1. Increase capacity to 39.96 m2.

There is circulated Report No HLB/141/17 by the Clerk.

11. Surrender of premises licence
 Gèilleadh ceadachd togalaich
 
 11.1  Premises: Craigerne House Hotel, Golf Course Road, Newtonmore, PH20 1AT
 Licence Holder: Douglas Alan Jefferies

 11.2 Premises: Tighard Guest House, Isle of Canna, PH44 4RS
 Licence Holder:   David Marr

 11.3 Premises: Caithness Balti House, 134 High Street, Wick
 Licence Holder:   Abarok Ali

 11.4 Premises: Dundonnell Stores, Durnamuck, Dundonnell
 Licence Holder:   Patricia M Ellis-Reidie

 11.5 Premises: Invergordon Service Station, 130 High Street, Invergordon
 Licence Holder:   Bannerman Company Limited

 11.6  Premises: Keiss Corner Shop
 Licence Holder:   Keiss Corner Shop

 11.7  Premises:  The Glenview, Culnacnoc, Staffin, Isle of Skye, IV51 9JH
 Licence Holder:  K J Faulds, S J Wallwork, Eric C Faulds and Ann M Faulds t/a The Glenview

The above premises licences have been surrendered in terms of Section 28(5)(f).