Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 15 May 2018 at 1.00pm.

Present:

Dr I Cockburn (Convener), Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie, Mr C Smith.

In Attendance:

Ms S Blease, Clerk
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
PC J Williamson, Police Scotland

Item 6.2: Mr J Marshall, applicant
Item 7.2: Mrs L Murray, solicitor for the applicant
Item 8.1: Mrs L Murray, solicitor for the applicant
Item 8.4: Mr D Mackay and Mr W Armitage applicants
Item 8.4: Ms P Nolan and Mr G Holloway, objectors
Item 8.6: Mr S McKibbin, applicant
Item 8.8: Mr G Lavery, applicant and Ms C Loudon, solicitor for the applicant

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.  Apology for Absence
Leisgeulan

An apology for absence was intimated on behalf of Mr J Bruce.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no timeous 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 27 March 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/035/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 15 March 2018 to 2 May 2018.

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/036/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 15 March 2018 to 2 May 2018.

The Board NOTED 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 had been circulated Report No HLB/037/18 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/038/18 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/039/18 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/040/18 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 condition and special conditions as set out at 7.2 and 7.3 respectively of the report.

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

There had been circulated Report No HLB/041/18 by the Clerk which invited the Board to determine the application.

On hearing from the Depute Clerk, the Board NOTED that confirmation of the site notice being displayed had now been received.

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

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

There had been circulated Report No HLB/042/18 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 special conditions as set out at 7.3 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/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

There had been circulated Report No HLB/043/18 by the Clerk which invited the Board to determine the application.

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

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

There had been circulated Report No HLB/044/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local conditions and existing special conditions.

Mr D Macpherson advised after this item had been decided that he felt he should have declared a non-financial interest as a Director of High Life Highland and apologised for his inadvertence in omitting to do so.

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

There had been circulated Report No HLB/045/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the local condition set out at 8.2 of the report.

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

There had been circulated Report No HLB/046/18 by the Clerk which advised that  timeous representations had been received from Michael and Francis Salter, Patricia Nolan, Grant Holloway and Ester Brueggert. The Board was invited to determine the application.

The Licensing Standards Officer advised that the representations received mainly related to the concern that increased business at the premises at later hours, in particular in using the premises for live performances or recorded music, may cause an excessive amount of noise for the residents in the neighbourhood and the flat above the premises.  The Licensing Standards Officer advised that he had worked with the applicant and Ms P Nolan to agree some initial mitigatory measures, including keeping windows and doors shut and requesting a Noise Management Plan from the applicants. The applicants had then submitted a Noise Management Plan on the morning of the meeting and this was currently being reviewed by the Council’s Environmental Health Service.  A further complaint had been received from Ms P Nolan in relation to juke box noise at the weekend prior to the Board meeting. Environmental Health were to undertake a site visit to the premises to monitor noise levels at the next function.  It was therefore suggested that the Board defer determination of the application until its next meeting on 26 June 2018 to allow further discussions to take place. 

The Board AGREED to DEFER determination of the application until the next Board meeting on 26 June 2018 to allow the Environmental Health Service to review the submitted Noise Management Plan and for further discussions on noise prevention to take place between the Licensing Standards Officer, the applicant and the objectors.

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

There had been circulated Report No HLB/047/18 by the Clerk which invited the Board to determine the application.

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

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

There had been circulated Report No HLB/048/18 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer advised that he was content with the grant of the application, subject to the conditions he had recommended in the report and inclusion of local condition (f) (2) to provide that alcohol may be sold on the premises prior to 1100hrs only to those persons taking table meals on the premises.

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

The Board further AGREED to also include local condition (f) (2):

‘Alcohol may be sold on the premises prior to 1100 hours only to persons taking table meals’.

8.7  Ref:   HC/CSR/1437
Applicant: Gairloch Golf Club
Premises: Gairloch Golf Club, Gairloch
Type:  On and Off Sales

There had been circulated Report No HLB/049/18 by the Clerk which invited the Board to determine the application.

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

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

There had been circulated Report No HLB/050/18 by the Clerk which invited the Board to determine the application.

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

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

There had been circulated Report No HLB/051/18 by the Clerk which invited the Board to determine the application.

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

8.10  Ref:  HC/CSR/0718
Applicant: Ullapool Golf Club
Premises: Ullapool Golf Club, North Road, Ullapool
Type:  On Sales

There had been circulated Report No HLB/052/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions and the additional local condition set out at 7.2 of the report.

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 Board NOTED the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

The meeting ended at 1.20pm.