Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Friday 6 February 2018 at 1.00 pm.

Present:

Dr I Cockburn, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Ms E Knox, Mrs L Macdonald, Mr D Macpherson, Mrs P Munro, Mr Karl Rosie and Mr C Smith

In Attendance:

Ms C McArthur, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant

Also in Attendance:

Sergeant B Gray, Police Scotland

Briefing on Protocol for Webcasting of Meetings

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

There were no apologies.

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 12 January 2018.

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/006/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 13 December 2017 to 24 January 2018 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/007/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 13 December 2017 to 24 January 2017 and inviting the Board to note the report.

The Board NOTED the report.

6.  Review hearings – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail

There had been circulated Report No HLB/008/18 by the Clerk inviting the Board to hold premises licence review hearings in respect of each of the premises listed in the report, further to the review proposals made by the Board on 12 January 2018.

The Depute Clerk provided an update on the report during which she confirmed that the undernoted premises had now paid their annual fee:-

• Ben View Hotel, Strontian;
• Highland Groceries, Great North Road, Muir of Ord; and
• The Anderson, Union Street, Fortrose;

and the undernoted premises had surrendered their licences:

• Victoria Hotel, Nairn;
• Balloan House, Marybank; and  
• Picture House, High Street, Dingwall.

The Depute Clerk advised that the remaining unpaid licence holders had received their reminder letters and had been informed of the possible consequences of their failure to pay.

Thereafter, the Board AGREED to REVOKE the premises licences for the following premises:

• MacKinnon Country House Hotel;
• Dragon Pearl Resturant, Nairn;
• The Deli at Kingussie; and
• Jaipur Restaurant, Invergordon

under section 39 of the Licensing (Scotland) Act 2005 on the grounds of non-payment of their annual premises licence fees.     

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

7.1  Ref: HC/RSL/1846
Applicant: Lochaber Craft Brewing and Distilling Limited
Premises: Blais, 147 High Street, Fort William, PH33 6EA
Type:  On and Off-Sales

There had been circulated Report No HLB/009/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions and the local conditions set out at 7.2 of the report.

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

8.1  Ref:  HC/INBS/336
Applicant:  Partnership of James Coyle, Helen Coyle, Fraser Coyle and Jamie Coyle
Premises:  The Balavil Hotel, Main Street, Newtonmore, PH20 1DR
Type: On and off sales

Variation:

1. Allow children and young person’s access to all public areas.
2. On and off sales to commence at 1100 hours on Sunday.
3. On sales on Sunday to Wednesday to terminate at 0100 hours rather than 2400 hours.

There had been circulated Report No HLB/010/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to the premises licence subject to mandatory conditions and the replacement of the existing local conditions with the new local conditions as set out at 8.2 of the report

8.2  Ref:  HC/CSR/1521
Applicant:  Sharlene Moore
Premises:  Halladale Inn, Melvich, KW14 7YJ
Type: On and Off Sales

Variation:

1. Remove local conditions a. and b. and substitute conditions appropriate to the applicant’s terms of entry for children and young persons.
2. Remove local condition e. – not required.
3. Remove local condition g. so as to either have “no curfew” or a curfew for a time later than 2100 hrs.
4. Increase on sales licensed hours on Saturday to Thursday to terminate at 0100 hrs the following day.
5. Increase on sales licensed hours on Sunday to commence at 1100 hrs.
6. Increase off sales licensed hours to commence at 1000 hrs daily.
7. Amend list of activities and services so as to permit indoor and outdoor sports outwith core licensed hours.
8. At 5(f) other activities add that a marquee or other temporary structure may be erected in the outdoor area from time to time for events and functions.
9. Delete existing entries at 6(b), (d) and (e) Children and Young Persons and substitute 6(b) TERMS – At the discretion of the management unaccompanied children and young persons may be permitted on the premises failing which they must be accompanied or supervised by an appropriate, responsible adult, 6(d) TIMES - At the discretion of management unaccompanied children may be permitted until 1800 hrs failing which they must be accompanied by an appropriate, responsible adult and are not permitted on the premises after 2200 hrs unless consuming a meal or attending a function or viewing a live entertainment. 6(e) PARTS - Children and young persons are permitted in all public parts of the premises but children, unless accompanied by an adult are not permitted to sit in or remain within the area designated as the bar area on the layout plan.
10. Amend location plan to include an outdoor area and remove reference to self-catering facilities.
11. Minor amendments to layout plan to include office space and reception.
12. Delete existing description of premises and substitute a new description to reflect changes in operation of the business.
13. Increase capacity from 111 to 200 persons.
14. Reduce off-sales capacity from 2.25 m² to 1 m².

There had been circulated Report No HLB/011/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to the premises licence subject to mandatory conditions, deletion of existing local conditions (b), (e) and (g), an additional local condition, late opening local conditions and special conditions as set out at 8.2, 8.3 and 8.4 respectively of the report

8.3  Ref:  HC/CSR/1705
Applicant:  Dunnet Bay Distillers Ltd
Premises:  Dunnet Bay Distillery, Dunnet
Type:  On and Off Sales

Variation:

1. amend licensed area to include former steading converted for use as a retail unit, cafe/events/exhibitions area
2. amend description of premises to take account of this variation
3. add to list of activities provided during core hours - restaurant facilities, live performances and films
4. add to list of activities outwith core hours - conference facilities, restaurant facilities, receptions, clubs, recorded music, live performances, films and outdoor drinking facilities
5. update list of other activities and detail circumstances when some activities and services may be available
6. update children and young persons terms of entry
7. reduce off-sales capacity from 10m2 to 8.6m2

There had been circulated Report No HLB/012/18 by the Clerk which invited the Board to determine the application.

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

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1  Premises:  Stravaigers Lodge and Cumberlands Campsite, Glendoe Road, Fort Augustus, PH32 4BG
Licence Holder: Reay MacKay

The above premises licence had been surrendered in terms of Section 28(5)(f).

The Board NOTED the surrender of the licence.

The meeting ended at 1.10 pm.