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 26 June 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 15 May 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/053/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 3 May 2018 to 13 June 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/054/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 3 May 2018 to 13 June 2018 and inviting the Board to note the report.

6.  The Highland Licensing Board Annual Financial Report 2017-18
Aithisg Ionmhasail Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There is circulated Report No HLB/055/18 by the Clerk to the Board inviting the Board to approve the Board’s second annual Financial Report for publication in accordance with Section 9B of the Licensing (Scotland) Act 2005.

7.  The Highland Licensing Board Annual Functions Report 2017-18
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There is circulated Report No HLB/056/18 by the Clerk to the Board inviting the Board to approve the Board’s first annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

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

8.1  Ref: HC/INBS/623
Applicant: Jacobite Cruises Ltd, Dochgarroch Lock, Dochgarroch, IV3 8JG
Premises: Jacobite Maverick (Cruise Ship), Dochgarroch Lock, Dochgarroch, Inverness-shire, IV3 8JG
Type:  On and Off Sales

There is circulated Report No HLB/057/18 by the Clerk.

8.2  Ref: HC/RSL/1860
Applicant: Neil Hammond and Amy E Floweree t/a as Corrary Farm
Premises: Dun Brewing, Corrary Farm Glenelg, IV40 8JX
Type: On and Off Sales

There is circulated Report No HLB/058/18 by the Clerk.

8.3  Ref: HC/RSL/1862
Applicant: Old Kyle Bakery (Kyle) Ltd
Premises: Caol Restaurant, 1 Station Road, Kyle of Lochalsh, IV40 8AE
Type: On and Off Sales

There is circulated Report No HLB/059/18 by the Clerk.

8.4  Ref: HC/RSL/1859
Applicant: Dunrobin Castle Ltd
Premises: Dunrobin Castle, Dunrobin, Golspie, KW10 6SF
Type: On and Off Sales

There is circulated Report No HLB/060/18 by the Clerk.

8.5  Ref: HC/CSR/1863
Applicant: Royal British Legion Scotland Thurso Branch Club Function Hall
Premises: Royal British Legion Scotland Thurso Branch Club Function Hall, Riverside Road, Thurso
Type: On and Off Sales

There is circulated Report No HLB/061/18 by the Clerk.

8.6  Ref: HC/CSR/1864
Applicant: Kyle of Tongue Hostel and Holiday Park
Premises: Kyle of Tongue Hostel and Holiday Park, Tongue, IV27 4XH
Type: On and Off Sales

There is circulated Report No HLB/062/18 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/INBS/321
Applicant:   Mandy Peden, Askival, Glenmore Road, Oban, Argyll, PH34 4PG
Premises:   Glenmore Shop and Café and Pine Marten Bar, Glenmore, Aviemore, PH22 1QU
Type:  On and Off Sales

Variation:

1.  On sales on Sunday to commence from 1100 hrs.

2.  Seasonal variation to reflect adopting the Board's festive extension.

3.  Increase capacity of the bar area due to a small extension.

4. Section 5(e) to reflect that external food provision will be offered on occasion in the outside drinking area.

5.  Minor extension to the outside drinking area.

6.  Terminal on sales hour to be 0100 hrs Sunday-Thursday.

7.  Revised plans submitted to reflect bar extension and other minor internal alterations and also minor extension to outside drinking area.

There is circulated Report No HLB/063/18 by the Clerk.

9.2  Ref:   HC/INBS/400
Applicant:   Richmond House Hotel Ltd, 19 Culduthel Road, Inverness, IV2 4AA
Premises:   Richmond House Hotel, 5 High Street, Fort Augustus, PH32 1BD
Type:  On and Off Sales

Variation:

1.  Sunday on and off sales to commence at 1100 hrs.

2.   On sales terminal hour on Saturdays and Sunday to be extended to 0100 hrs.

3.  Seasonal variations to allow operating according to Licensing Board Festive Policy.

4.  Alter wording of Childrens Policy to read:

Terms:  'Children  and Young Persons will be welcome on this premises when with a supervising adult.

Ages:  0-17 years in line with Section 6b.

Times: Children and Young Persons will be allowed access at management  discretion  throughout  the operating  hours.  This reflects a family emphasis of the premises and the fact that  patrons, may also be residential guests.

Parts:  Children and Young Persons will be allowed access to all public areas.’

5.   Delete current text within Section 5f, i.e.  'When the season ends, we take  the    tables   and   chairs   out   of  the  dining   area   and   put  in  a  pool table for the Winter, as no meals are being served in that area.

During  the off  season, as  no  meals are  being  served in  the bar area, a dining area, no person under 18 are permitted in these areas.’

There is circulated Report No HLB/064/18 by the Clerk.

9.3  Ref:   HC/INBS/148
Applicant:   Andrew Forbes Lewis, Flat 22, 6 Slateford Gait, Edinburgh, EH11 1GX per Flint Bishop, Solicitors, St Michael’s Court, St Michael’s Lane, Derby, DE1 3HQ
Premises:   Blackfriars, 93/95 Academy Street, Inverness, IV11LU
Type:  On and Off Sales

Variation:

1.   Remove local condition 7 - no gaming machines on premises.

2.   Remove local condition 9 - no dart board or pool table on the premises.

3.   Change of layout of ground floor; move bar, change position of kitchen. improve toilet provision.

4.   Increase number of bedrooms and include en suite for all bedrooms on first and second floors.

5.   Create balcony for bedrooms 3, 5 and 6 on first floor (subject to planning consent).

6.   Change description of premises to read: "Family friendly, food led business situated on ground floor with en suite bedrooms on first and second floors."

7.   Amend on sales core hours to commence at 1100 hours on Sunday and terminate at 0100 hours Saturday-Thursday.

8.   Amend off sales to commence at 1100 hours on Sunday.

9.   Amend seasonal variation to read: "The management of the premises will operate all general extensions of core hours offered by the licensing board, including without prejudice to the generality all festive seasonal hours extensions.

10. Q5(a)  add in accommodation in columns 2,3,4.

11.Q5(c) add in music in column 4; add in Theatre in column 2,3,4.

12, All activities in column 4 can take place from 0900 hours.  Accommodation 24 hours.

13.Q5(f) breakfasts, teas, coffees, snacks, meals from 0900 hours, through core hours but not after core hours; comedians or magicians from time to time (theatre).

14. Q6(b) change to read children and young persons shall be entitled to access the premises when accompanied by an adult for meals, snacks, teas, coffees, soft drinks.

15. Q6(d) change paragraph 2 to read: daily 0900-2100 hours.

16. Q6(e) change to read under 18s can access all public areas of the premises  but may not be served directly at the bar/servery.

17. Q7 increasing capacity to 212 persons but reducing off sale capacity to 8.2 sq. metres.

There is circulated Report No HLB/065/18 by the Clerk.

9.4  Ref:   HC/INBS/334
Applicant:   Allan Little, 19 Boswell Park, Inverness, IV2 3EJ
Premises:   River House Restaurant, 1 Greig Street, Inverness, IV3 5PT
Type:  On Sales

Variation:

1.   Add facility of outside drinking area.

2.   Sunday opening to commence at 1100 hours and terminate at 0100 hours.

3.   Additional paragraph to be added to the description:  "The premises has a small drinking area outside its frontage."

There is circulated Report No HLB/066/18 by the Clerk.

9.5  Ref:   HC/INBS/100
Applicant:   Cairngorm Brewery Company Limited, 12 Dalfaber Industrial Estate, Dalfaber Drive, Aviemore, PH11 1ST
Premises:   Winking Owl, 123 Grampian Road, Aviemore, PH11 1RH
Type:  On Sales

Variation:

1.   We would like to allow customers the opportunity to consume alcoholic and  non-alcoholic drinks on our outdoor decked area until 2200 hours (Summer months).

2.   The local conditions refer to a "nightclub".  After refurbishment this will be a bar, with live entertainment, mostly at weekends and peak periods.  (layout plan enclosed).

3.   Change to children and young persons’ policy to read:

6(b) When on the premises children and young persons must be accompanied by a supervising adult.  Access will always be at management discretion.

6(c)  0-17.

6(d)   During operating hours of the premises.

6(e) Upstairs Bar and Restaurant, Beer Gardens and Decked area:  Children and young persons shall be permitted entry during operating hours at management discretion.  This reflects the family emphasis that we seek to promote and also supports the area as a tourist destination which is frequented by both British and foreign visitors.

Downstairs - Bothy Bar:  As upstairs but at the discretion of the management at all times.  Children and young persons will not be allowed access after 2200 hours unless for a pre-booked event.

4.   Any reference to a "nightclub" should be changed to a "bar."

5.   Sunday on sales to commence at 11.00 hours.

6.   Position of downstairs bar changing from previous layout plan.

7.   An additional outside drinking area is being added at the side of the building - in front of the new bar (new layout plan enclosed).

8.   Description of premises amended to read: "The premises currently operate as a public house.  The premises occupy a free standing building sitting back from Grampian Road.  There is a large car park for approx. 30 cars to the front of the premises.  The upstairs of the premises houses a public bar, offices, kitchen and store rooms.  The ground floor contains cellarage, male/female and disabled toilets.  The ground floor also contains a separate bar area with a stage for live entertainment and private parties.  We comply with licensing board policy in terms of the provision of food and the use of plastic glasses.  Door security is provided by qualified stewards and the premises operates a 24-hour recorded CCTV system.  There are external beer gardens to the front of the premises and to the side of the premises, in front of the new bar."

There is circulated Report No HLB/067/18 by the Clerk.

9.6  Ref:   HC/INBS/467
Applicant:   Fort Augustus Golf Club, Market Hill, Fort Augustus, PH32 4DS
Premises:   Fort Augustus Golf Club, Market Hill, Fort Augustus, Ph32 4DS
Type:  On Sales

Variation:

1.   Terminal hour on Friday and Saturday to  be extended to 0100 hours rather than 2400 hours.

2.   Sunday on sales to commence at 1100 hours.

3.   Off sales applied from Monday to Sunday 1100 hours to 2200 hours.

4.   Section 6(d) of children’s policy to read:  "Children and young persons will be  allowed access to the premises at all times they are open, under terms of Section 6(b).

There is circulated Report No HLB/068/18 by the Clerk.

9.7  Ref:   HC/INBS/466
Applicant:   The Royal British Legion, Canal Side, Fort Augustus, PH32 4AU
Premises:   The Royal British Legion, Canal Side, Fort Augustus, Ph32 4AU
Type:  On and Off Sales

Variation:

1.   On sales to commence at 1100 hours and terminate at 0100 hours Monday-Sunday.

2.   Off sales to commence at 1100 hours 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 are not club members."

There is circulated Report No HLB/069/180 by the Clerk.

9.8  Ref:   HC/RSL/1835
Applicant:   RandB Distillers Limited
Premises:   Isle of Raasay Distillery (Shop, Visitors Centre and Members Club), Isle of Raasay, Kyle, IV40 8PB
Type:  On and Off Sales

Variation:

1. Change name of premises to Raasay Distillery (Shop, visitor centre and accommodation);
2. Amend on sales and off sales hours to commence at 1000 hours daily;
3. Amend premises description, other activities and the layout plan to substitute “residents” for “members”. 

There is circulated Report No HLB/070/18 by the Clerk.

9.9  Ref:   HC/RSL/0778
Applicant:  Diageo Scotland Limited
Premises:   Talisker Distillery, Carbost, Isle of Skye, IV47 8SR
Type:  On and Off Sales

Variation:

1. Amend description of  the premises and remove extraneous details;
2. Amend on sales hours to commence at 0900 hours and terminate at 2300 hours daily;
3. To the list of activities during and outwith core hours add live performances, dance and films;
4. At 5(f) - other activities  - add that self-tutored tastings will also be offered in the tasting rooms within the production building;
5. Amend terms of entry for children and young persons so as to permit, at the discretion of the management, unaccompanied young persons to be on the premises;
6. Amendment to the layout plan to show the location of a new bar counter.

There is circulated Report No HLB/071/18 by the Clerk.

9.10 Ref:   HC/RSL/1265
Applicant:   Clan Donald Lands Trust
Premises:     The Stables Restaurant and Café Bar and the Stables Gift Shop, Armadale, Sleat, Isle of Skye, IV45 8RS
Type:  On and Off Sales

Variation:

1. Change premises name to The Stables Restaurant and Café Bar;
2. Increase on sales core hours Sunday to Wednesday to terminate at 0100 hours the following day and, Thursday to Saturday, to terminate at 0300 hours the following day;
3. Increase off sales hours to terminate at 2200 hours daily;
4. To the list of activities during and outwith core hours add indoor and outdoor sports, televised sport and, during core hours only, gaming;
5. To the list of activities outwith core hours add outdoor drinking facilities;
6. Delete further details section at Q5 and add that the premises may open prior to the commencement of licensed hours during which time all activities and services may be available;
7. At 5(f) other activities add high class, late night entertainment, food and alcohol tastings, charity and fundraising events, and that, from time to time, a marquee or other temporary structure may be erected within the licensed area for functions and events;
8. Delete terms of entry for children and young persons and substitute “All children must be accompanied by an appropriate, responsible adult. At the discretion of the management unaccompanied young persons may be permitted failing which they too must be in accompanied by an appropriate, responsible adult;
   After 2200 hours all young persons must be accompanied by an appropriate responsible adult”.
9. Increase on-sales capacity to 180 persons and off-sales capacity to 6m²;
10. Add a seasonal variation for the festive period;
11. Delete premises description and substitute new description removing extraneous detail and incorporating additions and changes to the operating plan;
12. Amend layout plan to remove references to the gift shop and extend the boundary of the licensed area;
13. Identify the location of the entertainment /dance area on the layout plan.

There is circulated Report No HLB/072/18 by the Clerk.

9.11 Ref:  HC/RSL/1556
Applicant:   J D Wetherspoon (Scot) Ltd
Premises: Great Glen, 98-104 High Street, Fort William
Type:  On and Off-Sales

Variation:

1. To extend outside drinking area to accommodate an additional table and two chairs.

There is circulated Report No HLB/073/18 by the Clerk.

9.12 Ref: HC/RSL/1753
Applicant:   Gareth and Iona Craft t/a Red Roof Café Gallery
Premises: Red Roof Café Gallery, Holmisdale, Glendale, Isle of Skye, IV55 8WS
Type:  On Sales

Variation:

1. Delete existing description and substitute new description changing the principal use to a restaurant;
2. Add off sales hours 1200 hours to 2200 hours daily;
3. Remove seasonal variation to permit year round trading;
4. To the list of activities and services during and outwith core hours add: films, indoor/outdoor sports and to list of activities outwith core hours add live performances;
5. To other activities add charity and fundraising events, food and wine tastings, wine club meetings, and home delivery of wine. From time to time a temporary structure may be erected in the outdoor area in support of activities and services on the premises;
6. Amend terms of entry for children and young persons so as to permit unaccompanied children aged 12-15 years to be on the premises until 1700 hours;
7. Extend Boundary of licensed outdoor drinking area;
8. Add off-sales display capacity of 3.6m²;
9. Add new premises manager.

There is circulated Report No HLB/074/18 by the Clerk.

9.13 Ref: HC/CSR/0857
Applicant:  Diageo Scotland Limited
Premises:   Clynelish Distillery, Brora, KW9 6LR
Type:  On and Off Sales

Variation:

1. Increase on sales licensed hours on Monday to Sunday from 0900 hrs to 2300 hrs.
2. Increase off sales licensed hours on Monday to Sunday to 1000 hrs to 2200 hrs.
3. Amend list of activities and services during and outwith core hours to include restaurant facilities, receptions, meetings, theatre and films.
4. Include wording in 5 to describe activities outwith core hours.
5. Add other activities to include references to visitor centre activities, private events, retail activities, a range of office and administrative activities and that mail, internet and telephone orders may be taken and goods despatched from the premises.
6. Revised wording in relation to admission of children and young persons.
7. Inclusion of on sale capacity of 81 persons.
8. Add wording to seasonal variation.
9. Amendment to layout plan.
10. Inclusion of entire building as part of the licensed premises.

There is circulated Report No HLB/075/18 by the Clerk.

9.14 Ref:   HC/CSR/0737
Applicant:   The Edinburgh Woollen Mills Limited
Premises: John O’Groats Knitwear Co, County Road, John O’Groats
Type:  Off Sales

Variation:

1. Amend layout plan due to an increase in the alcohol display capacity from 1.17m2 to 4m2.
2. To list of activities during and outwith core hours add restaurant facilities and provide explanation for this.

There is circulated Report No HLB/076/18 by the Clerk.

9.15 Ref:   HC/CSR/0706
Applicant:   Diageo Scotland Limited per Morton Fraser, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises: Glen Ord Distillery Visitor Centre, Glen Ord Distillery, Muir of Ord
Type:  On and Off Sales

Variation:

1. Change the on-sales hours to commence at 0900 hrs daily and terminate at 2300 hrs.
2. Increase alcohol display capacity with the visitor centre to 40m2 and add off-sales in the function suite with capacity of 1.97m2.
3. Add seasonal variation advising that the premises may close earlier from time to time depending on demand.
4. Various minor amendments to the layout plan including installation of bar counter within exhibition room 2, office added behind reception area, removal of store room walls and an extension to the licensed footprint for the premises to include the visitor centre entrance and toilets.

There is circulated Report No HLB/077/18 by the Clerk.

10.  Highland Licensing Board Consultation Draft Policy Statement 2018-2023
Dreachd Aithris Phoileasaidh Co-chomhairle Bòrd Ceadachd na Gàidhealtachd 2018-2023

There is circulated Report No HLB/078/18 by the Clerk to the Board inviting the Board to agree the terms of a draft policy statement 2018 – 2023 to be published for consultation.