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 2 October 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 7 August 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/089/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 26 July 2018 to 19 September 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/090/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 26 July 2018 to 19 September 2018 and inviting the Board to note the report.

6.  Chief Constable’s Report 2017 to 2018
Aithisg an Àrd-Chonstabail 2017 gu 2018

There is circulated the Chief Constable’s Report to the Highland Licensing Board for the period 1 April 2017 to 31 March 2018.

7.  Festive Period Dates 2018/2019                                                
Cinn-latha Ràithe na Nollaige 2018-2019

Members are invited to note that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2018/19 have been agreed under delegated powers as follows:

Description of Premises:	Terminal Hour:	Period which may be applied for:
Late night opening premises (as defined in section 2.1 of the Board’s Policy Statement 2013-18)   Other premises	0400 hrs         0200 hrs	From Friday 7 December 2018 (allowing extensions to licensed hours commencing Thursday 6 December into Friday 7 December);   To Wednesday 2 January 2019 (allowing extensions to licensed hours commencing on Tuesday 1 January into Wednesday 2 January only).

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/626
Applicant: Cairngorm Gliding Club, Blackmill Airstrip, Feshie Bridge, Kincraig, PH21 1NG
Premises: Cairngorm Gliding Club, Blackmill Airstrip, Feshie Bridge, Kincraig, PH21 1NG
Type:  on and off

There is circulated Report No HLB/091/18 by the Clerk.

8.2  Ref: HC/CSR/1876
Applicant: Yvonne Grant
Premises: Glencoast, 15/17 Dunrobin Street, Helmsdale, KW8 6JA
Type: Off Sales

There is circulated Report No HLB/092/18 by the Clerk.

8.3  Ref: HC/INBS/627
Applicant: Killiehuntly Farmhouse, Glenfeshie Ltd, 1st Floor, 2 Granish Way, Dalfaber Drive, Aviemore, PH22 1UQ
Premises: Killiehuntly Farmhouse, by Kingussie, PH21 1NZ
Type: on sales

There is circulated Report No HLB/093/18 by the Clerk.

8.4  Ref: HC/CSR/1871
Applicant: Greens Events and Catering Ltd
Premises: Greens Restaurant, London House, 11-15 High Street, Tain
Type: On sales

There is circulated Report No HLB/094/18 by the Clerk.

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

9.1  Ref: HC/RSL/1875
Applicant: Morag’s Lodges Limited, Atholl Exchange, 2nd Floor, 6 Canning Street, Edinburgh, HE3 8EG
Premises: Rosebank House, Springfield Road, Portree, Isle of Skye, IV51 9QX
Type:  On Sales

There is circulated Report No HLB/095/18 by the Clerk.

9.2  Ref: HC/CSR/1877
Applicant: Kenneth H McKenzie
Premises:  Highland Farm Café, Mountgerald, Dingwall
Type:  On and Off Sales

There is circulated Report No HLB/096/18 by the Clerk.

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

10.1  Ref:   HC/INBS/70
Applicant:   Wilfred Michael Wilding, Suie Hotel, Kincraig, Kingussie, PH21 1NA
Premises:   Suie Hotel, Kincraig, Kingussie, PH21 1NA
Type:  on and off sales

Variation:

1.    Sunday-Thursday on sales to commence at 1100 hrs and terminate at 2400 hrs; Saturday-Sunday commence at 1100 hrs and terminate at 0100 hrs.
2.    Children's Policy to be amended at 'times' to read:  'Throughout the core opening hours at management discretion.'
3.    Yes to:  Restaurant facilities, Music, Live performances, indoor/outdoor sports and televised sport (facilities in column 4 may be offered to guests according to demand out with core hours).
4.    Under other activities:  Take away meals may be offered to customers.
5.    Yes to seasonal variations to read: 'premises will operate extended hours at Hogmanay in line with Board Festive Hours extensions.'

There is circulated Report No HLB/097/18 by the Clerk.

10.2  Ref:   HC/INBS/110
Applicant:   JD Wetherspoon (Scot) Limited, c/o Brunton Miller, 22 Herbert Street, Glasgow, G20 6NB
Premises:   The Kings Highway, 72-74 Church Street, Inverness, IV1 1EN
Type:  on and off sales

Variation:

1. Q5 (d) of operating plan, the answer to ‘Outdoor Drinking Facilities’ will be changed to Yes, Yes, Yes.
2. Application is sought to amend the layout plan to include a new external customer area to the rear of the premises as per drawing number 2016-115-L01 Rev. B, with no change to capacity.  

There is circulated Report No HLB/098/18 by the Clerk.

10.3  Ref:   HC/INBS/177
Applicant:   Tomatin Distilllery Company Ltd, Tomatin, Inverness, IV13 7YT
Premises:   Tomatin Distillery Visitor Centre, Tomatin, Inverness, IV13 7YT
Type:  on and off sales

Variation:

1.  Due to an increase in visitor numbers, customer expectations and needs, we would like to change our core times for on sales to 0930 hours to 2200 hours and keep off sales 1000 hours to 2200 hours in order to accommodate early visitors to the Visitor Centre; many of whom are on tight tour schedule or flight times.  This would allow us to run our tours more effectively in the morning, and to be able to offer all of our visitors the opportunity to taste or buy our products for the duration of time that we are open, 7 days a week, all year round.

2.  We would like to amend the music part of the operating plan to allow us to play recorded music at some point in the future within the Visitor Centre. No system is yet in place but would like to have this option.

3.  6(d) Childrens Policy amended to read: 'Children and young persons will be allowed entry to all parts of the premises between 0930 hours and 2200 hours.

There is circulated Report No HLB/099/18 by the Clerk.

10.4  Ref:   HC/INBS/267
Applicant:   Cordon Limited, 166 Blythwood Street, Glasgow, G2 4EG per Miller Campbell, Solicitors.
Premises:   Baron Taylor Close, 39 High Street, Inverness, IV1 1HT
Type:  on sales

Variation:

1.  Termination hour on Friday and Saturday to be amended to 0400 hours Rather than 0300 hours.

There is circulated Report No HLB/100/18 by the Clerk.

10.5  Ref:   HC/CSR/1427
Applicant:   Royal British Legion Scotland Thurso Branch Sports and Social Club
Premises:   Royal Biritsh Legion Scotland Thurso Branch Club, Riverside Road, Thurso
Type:  On and Off Sales

Variation:

1. Remove references to the function room from the layout plan and premises description
2. Increase on-sales licensed hours Sunday to Thursday to terminate at 0100 hrs the following day.
3. Increase on and off-sales hours on a Sunday to commence at 1100 hrs.
4. Remove seasonal variation to permit year round operations.
5. To the list of activities and services to be provided outwith core hours add bar meals, receptions, club or other group meetings, music, indoor/outdoor sports and televised sport.
6. Reduce capacity to 125 persons.
7. Amend policy for children and young persons in accordance with Board policy.

There is circulated Report No HLB/101/18 by the Clerk.

10.6  Ref:   HC/CSR/1030
Applicant:   Ronald J Graham
Premises:   The County Tavern, Hill Street, Dingwall
Type:  On and Off Sales

Variation:

1.  Increase the licensed hours for on-sales on a Tuesday until 2300 hrs, and Friday and Saturday to terminate at 0100 hrs the following day, and for on and off-sales on a Sunday to commence at 1100 hrs

There is circulated Report No HLB/102/18 by the Clerk.

10.7  Ref:   HC/RSL/1556
Applicant:  The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:   Spean Bridge Woollen Mill, Spean Bridge, PH34 4EP
Type:  On and Off Sales

Variation:

1. Increase on-sale opening time on Sunday to 1100 hrs (previously 1200 hrs).
2. Increase on-sale terminal hour Monday to Sunday to 2200 hrs (previously 1700 hrs).
3. Replace existing seasonal variation with a statement to permit the premises to take advantage of any extension the Board may grant in relation to extended hours.
4. Include additional activities within Operating Plan namely Club or other Group Meetings and Live Performances to take place both within and outwith core hours.
5. Amend activities within Operating Plan to permit recorded music to be played both within and outwith core hours.
6. In relation to column 4 entries in the Operating Plan, remove current statement and update to allow all relevant activities to be provided outwith core hours.
7. At 5(f), remove current statement and replace with a statement detailing all activities which may take place within the premises.
8. Update children’s policy to permit children and young persons access to all public areas at all times.

There is circulated Report No HLB/103/18 by the Clerk.

10.8  Ref:   HC/RSL/0720
Applicant:  The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:   Ben Nevis Woollen Mill, Belford Road, Fort William,PH33 6BZ
Type:  On and Off Sales

Variation:

1. Request removal of the local condition which stipulates that the sale of alcohol can only be made to persons taking table meals on the premises.
2. Increase on-sale opening time on Sunday to 1000 hrs (previously 1200 hrs).
3. Increase on-sale terminal hour Monday to Sunday to 2200 hrs (previously 1900 hrs).
4. Increase off-sale terminal hour Monday to Sunday to 2200 hours (previously 1900 hrs).
5. Replace existing seasonal variation with a statement to permit the premises to take advantage of any extension the Board may grant in relation to extended hours.
6. Include additional activities within Operating Plan namely Receptions; Club or other Group Meetings, Music and Live Performances to take place both within and outwith core hours.
7. In relation to column 4 entries in the Operating Plan, remove current statement and update to allow all relevant activities to take place prior to core opening hours.
8. At 5(f), include a statement detailing all  activities which may take place within the premises.

There is circulated Report No HLB/104/18 by the Clerk.

10.9  Ref:   HC/RSL/1452
Applicant: The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:  Mairi MacIntyre, 67 High Street, Fort William, PH33 6DN
Type:  Off-Sales

Variation:

1. Increase off-sale terminal hour Monday to Sunday to 2200 hours. (Previously 1730 hrs – Monday to Saturday and 1500 hrs on Sunday).
2. Include additional activities within Operating Plan namely Receptions; Club or other Group Meetings and Live Performances to take place both within and outwith core hours.
3. Amend activities within Operating Plan to permit recorded music to be played both during and outwith core licensed hours.
4. In relation to column 4 entries in the Operating Plan, remove current statement and update to allow all relevant activities to be provided outwith core hours.
5. At 5(f), remove current statement and replace with a statement detailing all activities which may take place within the premises.

There is circulated Report No HLB/105/18 by the Clerk.

11.  Licensing (Scotland) Act 2005 Section 84A – review of personal licence – following police report 
Achd Cheadachd (Alba) 2005, Earrann 84A – ath-sgrùdadh air ceadachd phearsanta

11.1  Licence Holder:  Mariangela Sulejmani, 2 Academy Street, Nairn, IV12 4RJ

There is circulated Report No HLB/106/18 by the Clerk.

12.  Application for personal licence
Iarrtas airson ceadachd phearsanta

12.1 Applicant:  David Sirok, 6 Crown Street, Inverness, IV2 3AX

There is circulated Report No HLB/107/18 by the Clerk.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1 Premises:  Bridgend Stores, Bridgend, Brora
Licence Holder:   The Firm of AR and MA Gullick

13.2 Premises:  Osprey Hotel, Ruthven Road, Kingussie
Licence Holder:    Susan Mary Brownlie

13.3 Premises:  Sandys Bothy, Badaguish Outdoor Centre, Aviemore
Licence Holder: Speyside Trust

13.4  Premises:  Giraffe, 1A Eastfield Way, Inverness Retail Park
Licence Holder:  Giraffe Concepts Ltd

13.5  Premises:  Seven Heads Store, Spean Bridge, PH34 4EB
Licence Holder:   Veronica Sandham

The above premises licences have been surrendered in terms of Section 28(5)(f).

14.  Dates of Meetings in 2019
Cinn-latha Choinneamhan ann an 2019

The Committee is invited to note the following dates for 2019, as agreed at The Highland Council on 6 September 2016.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

18 January, 19 February, 2 April, 14 May, 25 June, 6 August, 1 October, 5 November and 3 December.