Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Friday, 1 March 2019 at 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

Claire McArthur
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 18 January 2019.

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/011/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 8 January to 6 February 2019 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/012/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 8 January 2019 to 6 February 2019 and inviting the Board to note the Report.

6.  Review hearings – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail 

There is circulated Report No HLB/013/19 by the Clerk inviting the Board to hold premises licence review hearings in respect of each of the premises listed in the report, further to the review proposals made by the Board on 18 January 2019.

7.  Licensing (Scotland) Act 2005
Applications for New Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

7.1  Ref: HC/INBS/634
Applicant: Mignonne Khazaka, Strathmashie House, Strathmashie, Newtonmore, PH20 1BU
Premises: Strathmashie House, Strathmashie, Newtonmore, PH20 1BU
Type: On and off sales

There is circulated Report No HLB/014/19 by the Clerk.

7.2  Ref: HC/RSL/1887
Applicant: Baoighill Aoigheachd Ltd, Dean Bank Lodge, 10 Dean Bank Lane, Edinburgh, EH3 5BS
Premises: The End of the Line Distillery Company, Station Road, Kyle of Lochalsh
Type: On sales and off sales

There is circulated Report No HLB/015/19 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/140
Applicant:  Parkdean Holiday Parks Limited, 2nd Floor, 1 Gosforth Park Way, Newcastle Upon Tyne, NE12 2ET per Poppleston Allen, Solicitors, 37 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises:  The Entertainment Complex, Nairn Lochloy Holiday Park, East Beach, Nairn, IV12 5DE
Type:  On and off sales

Variation: 

(1)  On sales terminal hour Monday-Wednesday 0100 hrs rather than 2400 hrs; terminal    hour   for    Thursday   0100  hrs    rather   than  0030  hrs;   Sunday: opening   at  1100  hrs  rather  than  1200 hours  and   terminating at  0100 hrs rather than 2400 hrs.

(2)  Off  sales: Monday-Saturday   opening   1000 hrs  rather   than   1100 hrs; Sunday opening at 1000 hrs rather than 1230 hrs.

There is circulated Report No HLB/016/19 by the Clerk.

8.2  Ref:  HC/INBS/479
Applicant:  Calum Duncan, 28 Riverview, Portland Place, Inverness, IV1 1NE
Premises:  Crown Stores, 13 Kingsmills Road, Inverness, IV2 3JT
Type:   Off sales

Variation:

(1)  Increase in capacity to 10.6 M2

There is circulated Report No HLB/017/19 by the Clerk.

8.3  Ref:  HC/INBS/165
Applicant:  Glen Mhor Limited, First Floor Templeback, 10 Temple Back, Bristol, BS1 6FL per Stronachs, Solicitors, 28 Albyn Place, Aberdeen,AB10 1YL
Premises:  Glen Mhor Hotel, 8-15 Ness Bank, Inverness, IV2 4SG
Type:  On and off sales

Variation:

(1) Q1(a): will alcohol be sold for consumption solely on the premises.  Currently answered in the affirmative and has now been answered in the negative.

(2) Q1(c): will alcohol be sold for consumption both on and off the premises. Currently answered in the negative and has now been answered in the affirmative.

(3)  The current premises licence for the Waterside Hotel has an off sales facility - all off sales at the Premises will be resourced from stock and there is no separate off sales display area.

(4) Q3: statement of core times when alcohol will be sold for consumption off premises.  The core times for off sales will be 1000-2200 hrs seven days a week.

(5) Q4: seasonal variations. This has now been answered in the affirmative, with an appropriate comment to replace the existing comment.

(6) The current premises licence for the Waterside Hotel provides for operation according to seasonal demand.  Again, this is in-keeping with the policy statement and supplementary policy statement.

(7)  Q5(a): other activities or services that will be provided on the premises in addition to supply of alcohol - restaurant facilities and bar meals.  The 4th column was answered in the negative and has now been answered in the affirmative. 

(8)  Q5(b) other activities or services that will be provided on the premises in addition to supply of alcohol -   receptions and club or other group meetings.  The 4th column was answered in the negative and has now been answered in the affirmative.

(9) Q5(c) other activities or services that will be provided on the premises in addition to supply of alcohol music and dance facilities.  The 4th column was answered in the negative and has now been answered in the affirmative.

(10) Q5(c) other activities or services that will be provided on the premises in addition to supply of alcohol - theatre: the 2nd and 3rd columns were answered in the affirmative and have now been answered in the negative.

(11)  other activities or services that will be provided on the premises in addition to supply of alcohol - Iidoor/outdoor sports:  The 2nd, 3rd and 4th columns were answered in the negative and have now been answered in the affirmative.

(12) Q5(d) other activities or services that will be provided on the premises in    addition to supply of alcohol - outdoor drinking facilities.  The 4th column was answered in the negative and has now been answered in the affirmative.

(13) Q6(b) – children and young persons.  The current premises licence wording should be held to delete and substituted with the wording contained in the draft operating plan.

(14) Increase in capacity from 310 to 690.

There is circulated Report No HLB/018/19 by the Clerk.

8.4  Ref:  HC/CSR/0854
Applicant:  Clean Bees Ltd
Premises:  The Store, Bettyhill, Sutherland, KW14 7SS
Type:  On and Off Sales

Variation:

1. Add on sales licensed hours daily Monday to Sunday from 1100 hrs to 0100 hrs the following day.
2. Increase off sales licensed hours to terminate daily at 2200 hrs and on Sunday to commence at 1000 hrs.
3. Add a seasonal variation to take advantage of any additional hours agreed by the Board for the festive period.
4. To list of activities during and outwith core hours add restaurant facilities, receptions, club meetings, music, live performances, dance, gaming, televised sport and outdoor drinking.
5. To other activities add, charity and fundraising events, operation of a laundry, food and drink tastings, supply of takeaway snacks and snack meal, use as a pop-up shop by third parties, collection point for parcel deliveries.
6. Delete existing description of premises and substitute “The premises are located within a single storey detached building and operate as a café and small convenience store with a limited range of foodstuffs and gifts with an attached store and laundry.  The main publically accessible room may be made available for use as a pop-up shop by third parties.  There is no bar counter on the premises and sales of alcohol will not be restricted to persons taking a meal on the premises”.
7. Alterations to the layout following change of the main function of the premises and inclusion of an outdoor drinking area.
8. Add on sales capacity of 50 persons.

There is circulated Report No HLB/019/19 by the Clerk.

8.5  Ref:  HC/CSR/1700
Applicant:  Christopher Duckham
Premises:  Cote Du Nord, The Old Schoolhouse, Bettyhill, KW14 7TB
Type:  On Sales

Variation:

1. Increase on sales operating hours on Wednesday to Sunday to commence at 1100 hrs and terminate at 2300 hrs.
2. Amend children and young persons terms of entry to reflect increase in trading hours and days.
3. Amend description of premises.

There is circulated Report No HLB/020/19 by the Clerk.

8.6 Ref:  HC/CSR/0300
Applicant:  Parkdean Holiday Parks Limited, per Poppleston Allen, 37 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises: Grannies Heilan Hame Holiday Park, Embo, Dornoch, IV25 3QD
Type:  On and Off Sales

Variation:

1. Increase on sales operating hours to terminate at 0100 hrs the following day Saturday to Thursday, and on a Sunday to commence at 1100 hrs.
2. Increase off sales operating hours to commence at 1000 hrs daily.

There is circulated Report No HLB/021/19 by the Clerk.

9.  Licensing (Scotland) Act 2005 Section 38
Application for review of premises licence
Achd Cheadachd (Alba) 2005, Earrann 84A
Iarrtasan airson èisteachd ath-bhreithneachail air ceadachd togalaich

9.1  Licence holder: David Smillie
Premises: Volunteer Arms, 47-49 High Street, Fort William, PH33 6DH

There is circulated Report No HLB/022/19 by the Clerk together with an application by the Licensing Standards Officer for a premises licence review.