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 15th May 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 27 March 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/035/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 15 March 2018 to 2 May 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/036/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 15 March 2018 to 2 May 2018 and inviting the Board to note the report.

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

6.1  Ref: HC/INBS/620
Applicant: Partnership of D J and S J Fraser, Cuisachan Farm, Tomich, by Beauly, Inverness-shire, IV4 7LY
Premises:  The Coach House Café, Tomich, by Beauly, Inverness-shire, IV4 7LY
Type:  On and Off Sales

There is circulated Report No HLB/037/18 by the Clerk.

6.2  Ref: HC/INBS/621
Applicant: Tulchan Sporting Estates Ltd., Advie, Grantown on Spey, PH26 3PW
Premises: Knocktulchan Lodge, Tulchan Sporting Estate, Advie, Grantown on Spey, PH26 3PW
Type: On and Off Sales

There is circulated Report No HLB/038/18 by the Clerk.

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/619
Applicant: Speyside Distillers Company Limited, 197 Bath Street, Glasgow, G2 4HU
Premises: Speyside Distillery (The Snug), Unit 5, Aviemore Retail Park, Aviemore, PH22 1AF
Type:  On and Off Sales

There is circulated Report No HLB/039/18 by the Clerk.

7.2  Ref: HC/INBS/622
Applicant: Macbackpackers Limited, 15 Johnston Terrace, Edinburgh, EH1 2PW per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises:  Lochside Hostel, Alltsigh, Glenmoriston, IV63 7YD
Type:  On and Off Sales

There is circulated Report No HLB/040/18 by the Clerk.

7.3  Ref: HC/CSR/1855
Applicant: Café Savini Ltd
Premises:  Café Savini, 2 Mayfield, High Street, Dingwall
Type:  On and Off Sales

There is circulated Report No HLB/041/18 by the Clerk.

7.4  Ref: HC/CSR/1856
Applicant: Rookums Ltd
Premises:  Newblack Croft, Smerral, Latheron
Type:  Off Sales

There is circulated Report No HLB/042/18 by the Clerk.

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/179
Applicant:   National Trust for Scotland Enterprises Ltd, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF per Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EY
Premises:   National Trust for Scotland, Culloden Battlefield Visitor Centre, Culloden Moor, Inverness, IV2 5SD
Type:  On and Off Sales

Variation:

1.     Variation to amend Q4 of operating plan from 'yes' to 'no' as the Visitor Centre now plans to operate all year round.

2.     Variation to the additional information at Q5 of the operating plan to include the Visitor Centre opening hours.

There is circulated Report No HLB/043/18 by the Clerk.

8.2  Ref:   HC/INBS/611
Applicant:   Canal Park Sports Club 2017, Bught Lane, Inverness, IV3 5SS
Premises:   Highland Rugby Football Club, Bught Lane, Inverness, IV3 5SS
Type:  On and Off Sales

Variation:

1. The applicants wish to set aside the status of a private members club and trade under a general alcohol premises licence, whereby members of the public can access the premises without the requirement for membership.
2. The description of premises changed to read:  'The Premises are a purpose built Rugby Football Club House with a bar and club room on the first floor.  Included within the building are sporting changing rooms, office space and cellar room.

The Premises operate under a general Alcohol Premises Licence whereby, members of the public can be admitted without being members.  This accurately reflects usage of the Premises on occasion by High Life Highland, who will run public events such as, weddings, conferences and other functions where alcohol may be sold.'

There is circulated Report No HLB/044/18 by the Clerk.

8.3  Ref:   HC/INBS/217
Applicant:   Upland Properties Ltd, Myrtlefield House, Grampian Road, Aviemore, PH22 1RH
Premises:   Deli Mair, Grampian Road, Aviemore, PH22 1RH
Type:  Off Sales

Variation:

1.  On sales to commence 1000-2400 hrs Monday-Sunday.

2.    Outside drinking area to be included within licenced area.

3.    Childrens' Policy to be included within operating plan to read:

6(b) Children of appropriate age and maturity will be allowed unaccompanied at management discretion.  Very young children will require adult supervision.  Young Persons will be permitted unaccompanied at all times.

6(c) 0-17 years.

6(d) At all times when business is open subject to section 6(b).

6(a) All areas accessible to the public.

4.    Additional activities to include:  restaurant facilities, receptions and music.

5.    Capacity to reflect number of customers at tables (32).

6.    Layout Plans to be amended, to show internal and external seating areas.

7.    Description of premises to read:  "Deli Mair is a licensed delicatessan within a small shopping complex in central Aviemore.  The premises offer a full range of food stuffs, alcohol is offered to both diners on the premises and there is also the facility for off sales.  A small outside drinking area is situated at the front of the premises."

There is circulated Report No HLB/045/18 by the Clerk.

8.4  Ref:   HC/INBS/466
Applicant:   The Royal British Legion Scotland, Canalside, Fort Augustus, PH23 4AU
Premises:   The Royal British Legion Scotland, Canalside, Fort Augustus, PH23 4AU
Type:  On and  off sales

Variation:

1. On sales to commence at 1100 hrs and terminate at 0100 hrs Monday- Sunday.
2. Off sales to commence at 1100 hrs Monday-Sunday.
3. Seasonal variation to be changed to 'yes' to take advantage of Festive   licensed hours operated by the Board.
4. Add conferences to the list of approved activities.
5. Change Children’s Policy to allow under 18's to remain for the duration of private functions at management discretion.
6. Update description to include: "On occasions, the premises will admit  Customers who are members of the public and not club members.”

There is circulated Report No HLB/046/18 by the Clerk.

8.5  Ref:   HC/RSL/1319
Applicant:   Aros (Isle of Skye) Ltd, Viewfield Road, Portree, Isle of Skye, IV51 9EU
Premises:   Aros Centre, Viewfield Road, Portree, Isle of Skye, IV51 9EU
Type:  On and off sales

Variation:

1. Increase on sales hours Monday to Sunday to commence at 1000 hours and terminate at 2400 hours;
2. Increase off sales hours Monday to Sunday to commence at 1000 hours and terminate at 2200 hours;
3. To the list of activities and services during and outwith core hours add: Clubs, indoor/outdoor sports, televised sport and outdoor drinking;
4. Delete existing explanation at Q5 and substitute that the premises may open prior to the commencement of licensed hours when all activities and services may be available;
5. Add at 5(f) – Other activities add – Sales exhibitions, food and drink fayres, car rallies, book festivals, music festivals, food and drink tasting events, visual arts exhibitions, book launches, weddings and private parties, charity and fundraising events. From time to time a marquee or other temporary structure may be erected in the grounds for events and functions;
6. Delete existing policy for children and young persons and substitute a version which does not include extraneous detail but remains within the terms of Board policy;
7. Increase off-sales capacity from 0.92² to 12.92m²;
8. Add a seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board;
9. Amend layout of the premises including the addition of an extension to the outdoor drinking area, extension to licensed area to include an area which might be used for music, dance, theatre or any social events, change to the internal exhibition area and extend the restaurant servery to allow self-service of food and drink.

There is circulated Report No HLB/047/18 by the Clerk.

8.6  Ref:   HC/RSL/0793
Applicant:   Steven R McKibbin
Premises:   Bakur Bar, The Pier, Uig, Isle of Skye, IV51 9XX
Type:  On and off sales

Variation:

1. Increase licensed hours Monday to Sunday to commence at 0800 hours and to terminate at 0100 hours the following day on each day;
2. Amend listed off sales hours to commence at 1000 hours daily;
3. Remove seasonal variation to permit year round trading;
4. To list of permitted activities during and outwith core hours add indoor and outdoor sports and, outwith core hours, add music and televised sport;
5. Delete existing explanation at Q5 and substitute “The premises may open prior to the commencement of licensed hours when all activities and services may be available and may remain open at end of licensed hours subject to demand linked to ferry operations”;
6. Amend children and young persons terms of entry so as to allow unaccompanied children to be in a part of the premises at certain times;
7. Amend premises description to – “Single storey detached bar and restaurant located adjacent to Uig Ferry Terminal”;
8. Amend layout plan to identify the area in which unaccompanied children may be permitted;
9. Delete condition (b) and add a condition permitting unaccompanied children aged 12-15 years within the designated area shown on the layout plan.

There is circulated Report No HLB/048/18 by the Clerk.

8.7  Ref:   HC/CSR/1437
Applicant:   Gairloch Golf Club
Premises:   Gairloch Golf Club, Gairloch
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 (Scotland) Act 2005 and Licensing (Clubs) (Scotland) Regulations 2007.
2. Delete existing children and young persons terms of entry and substitute amended terms in accordance with Board policy.
3. Add a premises manager.

There is circulated Report No HLB/049/18 by the Clerk.

8.8  Ref:   HC/CSR/0290
Applicant:   Hugh J S Mackay Per Lockett and Co, Lockett House, 13 Church Street, Kidderminster, DY10 2AH
Premises:   Mackay of Halkirk, 1 Sinclair Street, Halkirk
Type:  Off Sales

Variation:

1. Increase licensed hours Monday to Sunday to terminate at 2200 hrs and to commence at 1000 hrs on a Sunday.
2. Vary the layout plan due to a change in the internal layout resulting in an increase to the off-sales capacity from 10.4m² to 24.8m²
3. Change the name of the premises to McColls.

There is circulated Report No HLB/050/18 by the Clerk.

8.9  Ref:   HC/CSR/1172
Applicant:   Graham Fox and Phoebe Fox
Premises:   Sutor Creek, 21 Bank Street, Cromarty
Type:  On Sales

Variation:

1. Remove specific condition restricting the sale of alcohol only to persons    taking a meal on the premises.
2. Increase licensed hours on a Sunday to commence at 1100 hrs.
3. Add off-sales hours from 1100 to 2200 hrs daily
4. To the list of activities and services during core hours add outdoor drinking facilities and remove live performances and dance
5. From the list of activities and services outwith core hours remove restaurant facilities, receptions and clubs and amend details section at Q5.
6. Add at Q5(f) other activities “Takeaway meals sold and to be taken from the premises by 2200 hrs on any day; Charity and fundraising events.
7. Amend wording of children and young persons policy and change latest time of entry from 2100 hrs to 2200 hrs.
8. Change premises layout and location plan to include an outdoor drinking area.
9. Delete existing premises description and substitute new description as a consequence of changes to the operating plan.

There is circulated Report No HLB/051/18 by the Clerk.

8.10  Ref:   HC/CSR/0718
Applicant:   Ullapool Golf Club
Premises:   Ullapool Golf Club, North Road, Ullapool
Type:  On 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 (Scotland) Act 2005 and Licensing (Clubs) (Scotland) Regulations 2007
2. Increase on-sales licensed hours on Wednesday, Friday, Saturday and Sunday to commence at 1000 hrs
3. Add off-sales licensed hours on Monday, Tuesday and Thursday to commence at 1100 hrs and on Wednesday, Friday, Saturday and Sunday to commence at 1000 hrs
4. To the list of activities and services to be provided during and outwith core hours add conferences, bar meals, club meetings, music, live performances, dance, indoor and outdoor sports and outdoor drinking area.
5. To list of additional activities during and outwith core hours add charity and fundraising events.
6. Amend policy for children and young persons in accordance with Board policy.
7. Appoint premises manager.

There is circulated Report No HLB/052/18 by the Clerk.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1 Premises: Costa (formerly Cafexpress), Inverness Railway Station, Academy Street, Inverness, IV1 1LS
Licence Holder:   Caterleisure Services Limited, 197-199 Main Street, Wilsden, Bradford, Yorkshire, BD15 0HR

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