Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 4 December 2018

Agenda: Read the Agenda

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 4 December 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
earbhadh 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 November 2018.

4.  Licensing (Scotland) Act 2005
Licences granted under delegated powers
Achd Ceadachd (Alba) 2005
Ceadachdan a bhuilicheadh fo ughdarras air a thiomnadh

There is circulated Report No HLB/121/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 24 October 2018 to 21 November 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/122/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 24 October 2018 to 21 November 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/632
Applicant: Partnership of Kim Clark and Aimee Gow, Strathspey House, Carrbridge, PH23 3AA
Premises: High 5 Gifts and Spirits, 55 High Street, Kingussie, PH21 1HX
Type: Off sales

There is circulated Report No HLB/123/18 the Clerk.

6.2  Ref: HC/RSL/1884
Applicant: Claymore Limited
Premises: Claymore Filling Station, Tyndrum Road, Glencoe, PH49 4HP
Type: Off-Sales

There is circulated Report No HLB/124/18 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/633
Applicant: Scottish Midland Co-operative Society Limited, Hillwood House, 2 Harvest Drive, Newbridge, EH28 8QJ
Premises:  Scotmid, Kilmore, Drumnadrochit, IV63 6UW
Type:  Off sales

There is circulated Report No HLB/125/18 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/122
Applicant:  Edinburgh Woollen Mill Ltd, Waverley Mills, Langholm, Dumfriess shire, DG13 0EB
Premises:  James Pringle Weavers of Inverness, Holm Woollen Mill, Dores Road, Inverness, IV2 4RB
Type:  On and off sales

Variation:

1.       At Q2 amend opening time on Sunday from 1200 hrs to 1100 hrs and amend terminal hour seven days a week from 2000 hrs to 2200 hrs.

2.       At Q3  amend terminal hour seven days a week from 2000 hrs to 2200 hrs.

3.       At Q4 delete the current narrative and insert "We would seek to take advantage of any extended period of trading granted by the Board for significant local/national events, e.g. festive period and bank holidays, etc."

4.       At Q5(b) amend both Receptions, Club and other group meetings, etc., so to authorize these activities both during and outwith core licensed hours.

5.       At Q5(c) amend Recorded Music and Live Performances so to authorise these activities both during and outwith core licensing hours.

6.       Delete narrative relating to Column 4 and insert "The premises may be used for various activities as noted above outwith core licensed hours.  During this time the activities above may be provided but no alcohol would be sold outwith core licensed hours."

7.       At Q5(f) insert the following text: "The retail sale (during and outwith licensed hours) of a wide range of clothing, woollen goods, home wares, gifts and tourist items.  The premises will also host events such as club meetings, parties and tastings.  Santa's grotto will be available throughout the months of November and December."

There is circulated Report No HLB/126/18 by the Clerk.

8.2  Ref: HC/RSL/1256
Applicant:  Ronald MacKinnon
Premises:  Rankins Stores and Post Office, Uig, Isle of Skye, IV51 9XP
Type: Off sales

Variation:

  1. Increase off sales hours to terminate at 2000 hours Monday to Saturday;
  2. Increase off sales capacity to 20.6m² from 10.4m²;
  3. Add that the premises may trade from prior to 1000 hours on any day, Monday to Saturday;
  4. To the list of activities to be provided during and outwith core licensed hours add music (recorded);
  5. To list of other activities add home deliveries, click and collect of Harris Distillers products, post office services and lottery.

There is circulated Report No HLB/127/18 by the Clerk.

8.3  Ref: HC/RSL/0452
Applicant:  Ben Nevis Distillery (Fort William) Limited
Premises:  Ben Nevis Distillery, Lochy Bridge, Fort William
Type:  Off-sales

Variation:

1.       Include the provision of on-sales for period 1100 hours to 0100 hours, Monday to Sunday.

2.       Extend footprint of licensed premises to include function suite on the upper floor of the premises.

3.       On-sale capacity to be 120 persons.

4.       Appointment of a new premises manager.

5.       Additional activities within operating plan to include conference, restaurant, receptions, live performances, dance facilities and theatre.

6.       Amend operating plan to include bar meals outwith core hours.

7.       Change description of premises to reflect revised operation of premises.

There is circulated Report No HLB/128/18 by the Clerk.

8.4  Ref: HC/CSR/0247
Applicant:  Edward Newton
Premises:  Newton Lodge, Kylesku, Lairg, IV27 4HW
Type: On and Off-sales

Variation:

  1. Remove special condition attached to licence “Any alcohol sold on the premises is to be consumed only on the premises by guests being accommodated there”.
  2. Increase on sales licensed hours daily Monday to Sunday from 1100 hrs to 0100 hrs the following day.
  3. Add off sales licensed hours Monday to Sunday from 1000 hrs to 2200 hrs daily.
  4. Removal of seasonal variation to permit year round trading.
  5. Add to activities to be provided during and outwith core hours add receptions, club meetings, music, live performances, dance facilities, films, indoor/outdoor sports, televised sport and outdoor drinking facilities. The premises may trade prior to the commencement of licensed hours.
  6. Add to other activities charity and fundraising events, food/alcohol tastings/fairs, erection of non-permanent structures tents/marquees in outside drinking area.
  7. Increase capacity to 80 persons.
  8. Delete existing Children and Young Persons terms of entry and substitute new version in accordance with Board policy.
  9. Alterations internally to create bar and dining area.
  10. Amend description of the premises to reflect the updated operating plan for the premises.

There is circulated Report No HLB/129/18 by the Clerk.

8.5  Ref: HC/CSR/1639
Applicant:  Richard Knight
Premises:  Capilla, The Old Chapel, Scrabster, Thurso
Type: On-sales

Variation:

  1. Increase on-sales hours on Monday to Sunday to terminate at 0100 hrs the following day and, on a Sunday to commence at 1100 hrs
  2. Add off-sales 1100 to 2200 hrs daily.  
  3. Add a seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board.
  4. Amend wording of explanation at Q5 for activities and services provided outwith core hours.
  5. At 5(f) – Other activities – add wine tastings.
  6. Delete existing policy for children and young persons and substitute a version which, at management discretion, will allow unaccompanied children aged 12-15 years to be on the premises until 1900 hrs for the purpose of having a snack or meal but must not sit at or remain at the bar counter.
  7. Delete description of premises and substitute “Single storey detached Tapas Bar with outside drinking area. The premises will operate in one room which includes a small bar counter/waiting area. Sales of alcohol will not be restricted to persons taking a meal on the premises. 
  8. Delete local condition (e) outdoor drinking area curfew (2100 hrs).

There is circulated Report No HLB/130/18 by the Clerk.

8.6  Ref: HC/CSR/0608
Applicant:  Firm of Kinlochewe Hotel
Premises:  Kinlochewe Hotel, Kinlochewe, By Achnasheen
Type: On and Off-Sales

Variation:

  1. increase the on-sales hours on Monday to Sunday to terminate at 0100 hrs the following day, and on a Sunday for on and off-sales to commence at 1100 hrs;
  2. remove existing seasonal variation and substitute with festive extended hours;
  3. add to list of activities/services provided during and outwith core hours - receptions, club meetings, music, live performances, dance facilities, films, televised sport and outdoor drinking;
  4. replace existing explanation for activites provided outwith core hours;
  5. add list of other activities provided;
  6. delete existing terms of entry for children and young persons and substitute that children must be accompanied by an adult in any part of the premises containing a bar counter and, at the discretion of the management unaccompanied young persons may be permitted at all times;
  7. increase the licensed area on the layout plan to include outdoor drinking areas to front and rear of premises;
  8. delete existing description of the premises and substitute with – “Detached rural hotel set in its own grounds. The premises consist of 9 bedrooms, a bar with dining facilities, residents lounge and the customary facilities. Areas to the front and rear of the premises have been identified as outdoor drinking facilities.”

There is circulated Report No HLB/131/18 by the Clerk.

8.7  Ref: HC/CSR/0246
Applicant: Mervyn J Hill
Premises: Nethercliffe Hotel, 48 High Street, Wick
Type: On and Off-Sales

  1. amend layout plan to increase licensed area to include additional garden ground and barbecue hut;
  2. delete existing description of the premises and substitute with – “Detached hotel with lounge bar, function suite,  dining room and garden containing a barbecue hut;
  3. remove local condition (e) relating to outdoor drinking area;
  4. increase on-sales hours Sunday to Thursday to terminate at 0100 hrs the following day and on a Sunday, for on and off-sales, to commence at 1100 hrs;
  5. add seasonal variation to take advantage of festive extended hours permitted by the Board;
  6. add to list of activities/services provided during and outwith core hours - restaurant facilities, receptions, music, live performances, films, indoor/outdoor sports, televised sport and outdoor drinking facilities, and during core hours only, gaming.
  7. replace existing explanation for when activities are available outwith core hours;
  8. to other activities add barbecues and from time to time a marquee or other temporary structure may be erected in the grounds for functions and events;
  9. delete existing terms of entry for children and young persons and substitute new terms which remain in accordance with Board policy.

There is circulated Report No HLB/132/18 by the Clerk.

8.8  Ref: HC/RSL/0167
Applicant:  Co-operative Group Food Limited
Premises:  Co-op, Main Street, Broadford, Isle of Skye, IV49 9AB
Type: Off sales

Variation:

  1. Amendment to layout – Full refurbishment and extension of the premises
  2. Increase alcohol capacity from 54.36m² to 68.731m²

There is circulated Report No HLB/133/18 by the Clerk.

9.  Licensing (Scotland) Act 2005 Section 38
Application for review of premises licence
Achd Cheadachd (Alba) 2005, Earrann 38
Iarrtasan airson èisteachd ath-bhreithneachail air ceadachd togalaich

9.1  Licence holder: Loch Ness Country House Hotel Limited
Premises: Loch Ness Country House Hotel, Dunain, Inverness

There is circulated Report No HLB/134/18 by the Clerk together with an application by the Licensing Standards Officer for a premises licence review.

10.       Surrender of premises licence
Gèilleadh Ceadachd Togalaich

10.1  Premises:  Caithness Horizons, High Street, Thurso (HC/CSR/1006)
Licence Holder:  Caithness Horizons

10.2  Premises:  Greens Market, 4/5 Market Street, Tain (HC/CSR/1640)
Licence Holder: Greens Events and Catering Ltd

10.3  Premises:  Tomlinsons Beer Shop, 79 Castle Street, Inverness (HC/INBS/528)
Licence Holder: Damon Sean Tomlinson

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