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 27 March 2018 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 6 February 2018.

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/013/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 14 February 2018 to 20 March 2018 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/014/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 14 February 2018 to 20 March 2018 and inviting the Board to note the report.

6.  Highland Licensing Board Policy Statement 2018-2023
Aithris Poileasaidh Bòrd Ceadachd na Gàidhealtachd 2018-2023

There is circulated Report No HLB/015/18 by the Clerk to the Board inviting the Board to agree a timetable for preparation and adoption of its next Policy Statement for the period November 2018 to November 2023.

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

7.1  Ref: HC/INBS/618
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness, IV2 5GH per South Forrest, 8 Ardross Terrace, Inverness, IV3 5NW
Premises: Spirit of Loch Ness (Cruise Ship), Canal Side, Fort Augustus, PH31 4BD
Type: On and Off-Sales

There is circulated Report No HLB/016/18 by the Clerk.

7.2  Ref: HC/RSL/1848
Applicant: Thomas Buglass Wilson
Premises: Isle of Skye Distillers Shop and Gin School, Bayfield Lane, Portree, Isle of Skye, IV51 9EL
Type: On and Off Sales

There is circulated Report No HLB/017/18 by the Clerk.

7.3  Ref: HC/CSR/1847
Applicant: Deli in the Square, 1 The Square, Strathpeffer
Premises: Ann M MacKinnon
Type: On and Off Sales

There is circulated Report No HLB/018/18 by the Clerk.

7.4  Ref: HC/CSR/1851
Applicant: Tarrel House Partnership
Premises: Tarrel House, Tarrel Farm, Portmahomack
Type: On and Off Sales

There is circulated Report No HLB/019/18 by the Clerk.

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/617
Applicant: British Waterways Board t/a Scottish Canals, Canal House,
1 Applecross Street, Glasgow, G4  9SP per Morton Fraser, Solicitors, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises:  Caledonian Canal Centre, Canalside, Fort Augustus, PH31 4BA
Type:  On and Off-Sales

There is circulated Report No HLB/020/18 by the Clerk. 

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

9.1  Ref:   HC/CSR/0912
Applicant: Graeme Robertson and Amanda Robertson
Premises: Commercial Hotel, 21-23 High Street, Alness
Type:  On and Off Sales

Variation:

1. Amend premises description to remove extraneous details. 
2. Delete existing terms of entry for children and young persons and substitute new version to allow unaccompanied children aged 12-15 years and young persons to be on the premises for the purpose of having a meal between 1100 hrs and 1900 hrs within a designated part of the lounge bar.
3. Amend the layout plan to show designated area for unaccompanied children and young persons.
4. Remove local condition (b) and substitute new specific condition appropriate for the amended terms of entry for children and young persons.
5. To activities and services to be provided during and outwith core hours add theatre and films.
6. To activities and services to be provided outwith core hours add conferences, receptions, club or other group meetings, music, live performances, dance, indoor/outdoor sports, and televised sport and  add an explanation for the requirement.
7. Delete existing list of additional activities and services at 5(f) and add race nights, charity events, race nights, bingo and quiz nights.
8. Add a seasonal variation during the festive period.
9. Reduce capacity from 243 to 226 persons

There is circulated Report No HLB/021/18 by the Clerk.

9.2  Ref:   HC/CSR/1252
Applicant: Graham J F Hughes per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Maryburgh Stores, Maryburgh, Ross-shire
Type:  Off Sales

Variation:

1. Increase the off sales hours on Mondays to Sundays to 1000 hrs to 2200 hrs

There is circulated Report No HLB/022/18 by the Clerk.

9.3  Ref:   HC/CSR/0741
Applicant: Shyam Karthikeyan
Premises: Ord Filling Station, Great North Road, Muir of Ord
Type:  Off Sales

Variation:

1. Amend the layout plan due to refurbishment of the shop resulting in changes to the layout and an increase in the alcohol display capacity from 19.55m2 to 22.15m2

There is circulated Report No HLB/023/18 by the Clerk.

9.4  Ref:   HC/CSR/1252
Applicant: Wick and District Seaforth Highlander Club
Premises: Wick and District Seaforth Highlander Club, 60 Dempster Street, Wick
Type:  On and Off Sales

Variation:

1. Amend the description of the premises to show that the Club will not operate as a club in terms of the Licensing (Clubs) (Scotland) Regulations 2007.
2. Appoint a premises manager.

There is circulated Report No HLB/024/18 by the Clerk.

9.5  Ref:   HC/RSL/1084
Applicant:   Nevis Range Development Company PLC
Premises:   Snowgoose Restaurant and Bar, Nevis Range, Torlundy, Fort William, PH33 6SQ
Type:  On Sales

Variation:

1. Increase core on sales opening hour on Sunday to 1100 hours  (previously 1230hrs)
2. Increase core on sale terminal hour, Monday to Sunday to 0100 hours (previously 2300 hrs)
3.       Seek provision of off-sales,  Monday to Sunday 1000 hrs to 2200 hrs
4.       Remove existing seasonal variation
5. Add additional activities to take place within and outwith core hours : theatre, gaming and televised sports
6. Extend footprint of premises to include cable car system, restaurant area, outdoor balcony and provision of off-sales within shop
7. Amend children and young persons policy to reflect change in the layout of the restaurant area
8.       Increase capacity to reflect extension of footprint of licensed premises
9.       Revise  existing description of premises to reflect additional activities

There is circulated Report No HLB/025/18 by the Clerk.

9.6  Ref:  HC/RSL/1155
Applicant: Corrour Lands Trust
Premises:  Corrour Station House Restaurant, Corrour Estate, Fort William, PH30 4AA
Type:  On and Off Sales

Variation:

1. Increase core opening on-sale hour on Sunday to 1100 hours  (previously 1230 hours)
2. Increase core opening off-sale hour on Sunday to 1000 hours (previously 1230 hours)
3. Increase terminal on sale hour on Sunday to 2200 hours (previously 1800 hours)
4. Increase terminal off-sale hour Monday to Sunday to 2200 hours (previously 2100 hours Mon to Sat and 1800 hours on Sunday)
5. Add the following additional activities to the operating plan which will be offered both during and outwith core hours: music, live performances and outdoor drinking facilities
6. Add restaurant activity outwith core hours
7. Update terms of children and young person’s policy
8. Revise description of premises to reflect new activities
9. Update seasonal variation to take advantage of the Board’s Festive Policy
10. Remove reference to hogmanay event at 5 (f) and update to reflect new activities, namely shop within premises.
11. Extend footprint of premises to include outdoor drinking area
12. Include within description of premises that a small shop selling souvenirs, books and other merchandise of interest to tourists is located within the premises.

There is circulated Report No HLB/026/18 by the Clerk.

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

Variation:

1.       Increase capacity from 90 persons to 130 persons.

There is circulated Report No HLB/027/18 by the Clerk.

9.8  Ref:   HC/INBS/103
Applicant:   Wendy Matheson, Boath House, Auldearn, Nairn, IV12 5TE
Premises:   Boath House, Auldearn, Nairn, IV12 5TE
Type:  On Sales

Variation:

1. Wish to operate a 20 cover restaurant facility within the walled garden at Boath House, to provide selection of alcoholic and non-alcoholic beverages.
2. Change to description of premises to include “20 seater restaurant situated within walled gardens in the grounds of Boath House.”
3. Add off sales Monday-Sunday from 1000-2200 hours.
4. Under 5(f) other activities: “A 20 seater restaurant operating within walled garden offering teas, coffees, soft and alcoholic drinks.  A small garden shop operates within the walled garden.”

There is circulated Report No HLB/028/18 by the Clerk.

9.9  Ref: HC/INBS/85
Applicant:  Martin McColl Ltd
Premises:  McColls, 40 Culcabock Road, Inverness, IV2 3XQ
Type:             Off sales

Variation:

1. Under 5(f) other activities: The premises will operate as a convenience store   selling a range of goods, grocery, drinks, snacks, etc., during and outwith core hours.

2. To change the internal layout (plan enclosed).  As result of the change, the alcohol display area will move and the alcohol capacity will be reduced to 24.68 m2.

3. Description of the premises to change: ‘The premises comprises of a shop area situated on one floor of a part commercial, part residential area.  The shop sells a wide range of convenience and news goods.’

There is circulated Report No HLB/029/18 by the Clerk.

9.10  Ref:  HC/INBS/383
Applicant: Greene King Retailing Ltd
Premises:  Platform 8 (formerly The Exchange), 38-40 Academy Street, Inverness, IV1 1JT
Type: On and Off Sales

Variation:

1. Amend core hours to commence at 1000 hrs seven days a week for on and off sales.
2. Amend core on sales hours to terminate at midnight Sunday to Thursday.

There is circulated Report No HLB/030/18 by the Clerk.

9.11  Ref:  HC/INBS/521
Applicant : Aviemore Gin Society Limited, 3 Robert Drive, Glasgow, G51 3HE per Robin Morton Licensing, 3/3, 14 Norval Street, Glasgow, G11 7RX
Premises:  The Old Minister’s Guest House, Rothiemurchus, Inverdruie, Aviemore, PH22 1QH
Type:  On and Off-Sales

Variation:

1.  Change to Layout Plan - addition of one extra bedroom.

2. Commence  on sales on Sunday at 1100 hrs rather than 1200 hrs.

3.  Add off sales hours 1100-2200 hrs each day.

4.  Add seasonal variations to open over the festive period.

5.  Add 'Yes' receptions, functions club, other group meetings, recorded music, live performances, films, indoor/outdoor sport and televised sport to list of activities.

6.  Add under further details of activities: "Residents and visitors may consume teas, coffees, soft drinks, snacks, etc., and breakfast outwith core hours when no alcohol will be served.  Use of the outdoor drinking area will be extended to guests to play outdoor games such as croquet and take teas, coffees, snacks etc., outwith core hours.

7.  Under 5(f) add:  "Internet sales of gin."

8.  Change childrens policy to read: 

6(b) Terms - Children and young persons will be allowed in the premises if accompanied and supervised by an adult.

6(c) ages - 0-17.

6(d) times - until 2200 hrs or, if resident, at all times.

6(e)  parts - all public areas including bedroom, external area and toilets.

9.  Increase occupancy capacity from 8 to14 and add off sales capacity 2.64 m2.

10.  Description of premises to read:  "The premises are a detached former manse standing in its own licensed grounds at Rothiemurchus, Aviemore.  Residential guests are provided with bed and breakfast/evening meal on the premises.  There are 5 guest bedrooms.  Alcohol will be sold to such residents.

There is circulated Report No HLB/031/18 by the Clerk.

9.12  Ref:  HC/INBS/438
Applicant : Robert Cockburn, Drumnadrochit Post Office, Main Street, Drumnadrochit, Inverness-shire, IV63 6TX
Premises:  Drumnadrochit Post Office, Main Street, Drumnadrochit, Inverness-shire, IV63 6TX
Type:  Off-Sales

Variation:

1.  Addition of on sales facility 1000-2200 hrs.

2. Off sales to commence at 1000 hrs on Sunday.

3.  Addition of Tea Room to the shop area, and inclusion of outside drinking area.

4.  Capacity of premises:  Tea Room: 16; outside drinking area: 20 persons.

5.  Childrens Policy to read:

6(b) times: "Children of appropriate maturity will be granted access unaccompanied at managements' discretion.  Otherwise, very young children require adult supervision.
Young persons can have access without adult supervision.

6(c) ages: 0-17.

6(d) times: At all times the premises are open as per the terms of 6(b).

6(e) parts; All public area of the premises inclusive of the outside drinking area.

6. Description of premises to read: "Drumnadrochit Post Office is a rural area shop selling a range of food stuffs and household goods.  Off sales are displayed for sale.  The premises include a licensed tea room and outside drinking area." 

7. On to activities:  restaurant facilities, receptions, music and outdoor drinking.

8. Under other activities: "Take Away meals and non-alcoholic beverages are offered within the range of services."

There is circulated Report No HLB/032/18 by the Clerk.

9.13  Ref:  HC/INBS/405
Applicant : Boat of Garten Golf and Tennis Club, Nethybridge Road, Boat of Garten, PH24 3BQ
Premises:  Boat of Garten Golf and Tennis Club, Nethybridge Road, Boat of Garten, PH24 3BQ
Type:  On and off sales

Variation:

1.  The licence is to be changed from a Private Members Club to an open licence.  This is to permit members of the public using the clubhouse restaurant and bar facilities.  In addition we are looking to change the Licence operating area from its existing clubhouse and patio area to include the whole of the golf course.  This will allow a refreshment unit at the 10th green (currently used for tea and coffee) where alcohol may be sold to golfers during a round.

2.  To bring the entire golf course within the Licensing footprint of the Club.

3.  Extend terminal on sales hour on Friday and Saturday to 0100 hours.

4.  Off Sales to commence at 11.00 hours on Sunday.

5.  Additional detail for description to read: "A refreshment unit at the 10th green is to be licensed to provide refreshment which may include the provision of alcohol. The entire course is to be licensed so as to allow corporate sponsorship of holes during competition by alcohol providers."

6.  Amendment to Section 6(d) of children and young persons policy to read:  "Children aged 12 and above will be permitted in the clubhouse unaccompanied until 2100 hours after which, they will require to be accompanied by an adult.  Children under 12 require to be supervised within the clubhouse by an adult.  Young persons will be entitled to be within the licensed area without the need for adult supervision throughout core hours.

6(c)  Children of any age will be welcome in the club premises.  Very young children will require to be supervised by an adult.  Children and young persons who are junior members, will be permitted under the terms stated at 6(b) above.

6(d)  Children and young persons will be allowed access throughout core hours under the terms stated at 6(b) above.

6(e)  Children and young persons will be permitted to be in all public areas of the club, except staff areas and store rooms.  They will not be permitted to remain at the bar counter after service."

There is circulated Report No HLB/033/18 by the Clerk.

9.14  Ref:  HC/RSL/0091
Applicant : Isle of Skye Brewing Company (Leann an EileIn) Ltd per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  The Brewery Shop (Buth an Leanna), The Pier (Unit 2), Uig, Isle of Skye, IV51 9XP
Type:  Off sales

Variation:

	Amend to allow on sales from 1000 hours to 2200 hours daily;
	Amend listed off sales hours to 1000 hours to 2200 hours daily;
	Remove seasonal variation;
	To list of permitted activities during and outwith core hours add bar meals, club meetings, recorded music and films;
	To other activities add home deliveries to public or trade, brewery tours, trade, charity and community events, tastings and related events which may take place from time to time;
	Add justification for activities prior to commencement of core hours;
	Amend children and young persons terms of entry;
	Add an on sales capacity of 20 persons;
	Reconfiguration of the premises to include the addition of a café/bar.

There is circulated Report No HLB/034/18 by  the Clerk.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

10.1  Premises:  Victoria Hotel, 57 High Street, Nairn, IV12 4BW
Licence Holder:  L T Management Services Ltd, 31 Haverscroft Industrial Estate, New Road, Attleborough, Norfolk, NR17 1YE

10.2 Premises: Smashburger, Unit 4, Falcon Square, Eastgate Centre, Inverness, IV2 3PP     
Licence Holder:  ALV Trading Limited, The Courtyard, Chapel Lane, Banbury, OX15 4DB

10.3 Premises: Royal Scot (Cruise Ship), Canal Side, Fort Augustus, PH32 4BD
Licence Holder: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness, IV2 5GH  

10.4 Premises:  Isle of Skye Emporium, The Green, Portree, Isle of Skye, IV51 9BT
Licence Holder:  Anthony Ord

10.5 Premises:   Ardmorn Holiday Accommodation, Ardmorn, Roskhill, Dunvegan, Isle of Skye, IV55 8ZD
Licence Holder:  Andrew S Bell

10.6 Premises: Picture House, High Street, Dingwall
Licence Holder: Julie A Sweeney

10.7  Premises: Balloan House, Marybank\
Licence Holder: Heather Sutherland

11.  Presentation by Lochaber Pub Watch
Taisbeanadh le Pub Watch Loch Abar

There will be a presentation by Lochaber Pub Watch on an Alcohol Awareness presentation given to S3 and S4 of Lochaber High School.  The presentation will be given by Mr Gordon Clelland and Mr Dale Monk.