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 April 2019 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

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 1 March 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/023/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 7 February 2019 to 20 March 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/024/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 7 February 2019 to 20 March 2019 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/635
Applicant: Inverness College UHI, 1 Inverness Campus, Inverness, IV2 5NA
Premises: Inverness College UHI, 1 Inverness Campus, Inverness, IV2 5NA
Type: On sales

There is circulated Report No HLB/025/19 by 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/RSL/1894
Applicant: Thomas Gottwald and Manuela Kohne-Gottwald
Premises:  Fairytale Distillery/Manuela’s Wee Bakery, Ardelve, IV40 8DY
Type:  On sales and off sales

There is circulated Report No HLB/026/19 by the Clerk.

7.2  Ref: HC/CSR/1888
Applicant: Whitbread Group plc
Premises:  Premier Inn Hotel, Former Thurso Auction Mart, Ormlie Road, Thurso
Type:  On and Off sales

There is circulated Report No HLB/027/19 by the Clerk.

7.3  Ref: HC/CSR/1895
Applicant: Castle and Gardens of Mey Limited
Premises:  The Granary, Castle of Mey, Mey
Type:  On and Off Sales

There is circulated Report No HLB/028/19 by the Clerk.

7.4  Ref: HC/INBS/637
Applicant: Jacobite Cruises Ltd, Dochgarroch Locks, Dochgarroch, IV3 8DG
Premises:  An Talla – Grab and Go Shop, Dochgarroch Locks, Dochgarroch, IV3 7DG
Type:  Off Sales

There is circulated Report No HLB/029/19 by the Clerk.

7.5  Ref: HC/INBS/636
Applicant: Jacobite Cruises Ltd, Dochgarroch Locks, Dochgarroch, IV3 8DG
Premises:  An Talla – Café and Shop, Dochgarroch Locks, Dochgarroch, IV3 7DG
Type:  Off Sales

There is circulated Report No HLB/030/19 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/509
Applicant:  Iceland Foods Limited, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NW
Premises:  Iceland, Unit 3B, Rose Street, Inverness, IV1 1NQ
Type: off sales

Variation:

1.  Amend off sales hours to terminate at 22.00 hrs Monday-Sunday.

2.   Remove reference to seasonal variations.

3.   Q5  Allow recorded music as an activity during and outwith core hours.

4.   Q5  Additional information, add the following: sale of groceries, including fresh and frozen foods and other non-food items to be provided both within and outwith core licensing hours but not before 07.00 hrs or after 23.00 hrs.  Activities outwith core hours may occur as ancillary.

5.   Q5(f)  Replace with the following: The sale of alcohol by retail for consumption off the premises is ancillary to the sale of groceries and other non-food items.  The above shall include deliveries made using our home delivery and e-commerce services, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005.  The premises will also on occasion, be used to launch new products, have product sampling and food tasting events and host "family friendly" membership evenings.

There is circulated Report No HLB/031/19 by the Clerk.

9.2  Ref:  HC/RSL/1506
Applicant:  Sabhal Mor Ostaig
Premises:  Sabhal Mor Ostaig, Sleat, Isle of Skye, IV44 8RQ
Type:  On sales and off sales

Variation:

1. Amend premises description;
2. Increase on sales hours  on each day to commence at 1100 hours and, on a Sunday, to terminate at 0100 hours the following day;
3. Increase off sales hours on any day to commence at 1000 hours;
4. To list of permitted activities during and outwith core hours add indoor/ outdoor sports, televised sport and outdoor drinking facilities;
5. Delete existing further details section and substitute. The premises are open all   day when all activities and services may be available to users of the facility;
6. At Q5(f) – other activities - add ; academic purposes, charity and fundraising events, food and drink promotions, market fayres and  gift shop with limited range of foodstuffs. From time to time a marquee or other temporary structure may be erected in the grounds for events and functions and temporary bar      counters may be set up in parts of the premises also in support of functions and events;
7. Delete existing terms of entry for children and young persons and substitute new terms in accordance with Board policy;
8. Add off-sales capacity of 0.48m²;
9. Update layout plan – addition of shop and outdoor drinking areas and facilities.

There is circulated Report No HLB/032/19 by the Clerk.

9.3  Ref:  HC/RSL/1276
Applicant:  Paul Ross Nicolson
Premises:  Uig Filling Station and The Hungry Gull Café, Uig Pier, Uig, Isle of Skye, IV51 9XX
Type: Off sales

Variation:

1. Change name of premises to Uig Filling Station and Hungry Gull Café;
2. Amend premises description;
3. Add on sales hours 1100 hours to 2200 hours daily;
4. To the list of activities and services to be provided during and outwith core hours add – restaurant facilities, receptions, live music, live performances and dance. The premises may trade prior to the commencement of licensed hours;
5. At Q5(f) other activities add charity and fundraising events and food and drink fayres;
6. Add terms of entry for children and young persons;
7. Add on sales capacity of 50 persons;
8. Amend layout to show location of a door to separate café from shop.

There is circulated Report No HLB/033/19 by the Clerk.

9.4  Ref:  HC/RSL/0452
Applicant:  The Ice Factor Limited
Premises:  The Ice Factor, Leven Road, Kinlochleven, PH50 4SF
Type: On and off sale

Variation:

1.    Increase on-sale hours on Sundays to 1100 hours to 0100 hours (currently 1230hours to 2345 hours)
2.    Amend activities within operating plan: restaurant facilities to be offered outwith licensed hours. 
3.    Additional activities to be included within operating plan : theatre and films to be offered within licensed hours; outdoor drinking facilities to be offered within and outwith licensed hours.
4.    Within section 5(f), remove last sentence restricting alcohol being served in the café on the ground floor only during private functions, live entertainment and special events.
5.    Amend occupational capacity at section 7 of premises licence to now include additional capacity in respect of mezzanine floor area.
6.    Update children and young person’s policy.
7.    Change seasonal variation at section 4 to “Yes”, to afford ability to operate extended festive hours in line with board policy.
8.    Amend layout plan to include revised ground floor layout, new mezzanine floor and identify an outdoor drinking area. 
9.    Revise description of premises to reflect changes to premises licence.

There is circulated Report No HLB/034/19 by the Clerk.

9.5  Ref:  HC/RSL/0455
Applicant:  Lochleven Seafood Centre Ltd
Premises:  Lochleven Seafood Cafe
Type: On sales

Variation:

1. Remove local licensing condition currently prohibiting a bar counter.
2. Remove local licensing condition relating to prohibiting off-sales.
3. Increase footprint of premises to incorporate new coffee shop/reception area.
4. Increase terminal on-sale licensing hour, Monday to Sunday, to 0100 hours (currently 2300 hours)
5. Increase on-sale opening hour on Sunday to 1100 hours (currently 1200 hours).
6. Remove specific condition in relation to bar counter in order for customers to be able to order drinks at new café counter.
7. Permit the sale of alcohol off the premises (off-sales) - Monday to Sunday 1000 hours to 2200 hours.
8. Increase overall capacity of the premises from 36 persons to 50 persons.
9. Within activities, restaurant and outdoor drinking to be available prior to core licensed hours.
10. Update description of premises.

There is circulated Report No HLB/035/19 by the Clerk.

9.6  Ref:  HC/CSR/0742
Applicant:  O’Brien Brothers (Taverns) Ltd
Premises:  Commercial Bar, High Street, Invergordon
Type: On and off sales

Variation:

1. Increase on-sales hours on Saturdays to Thursdays to terminate at 0100 hrs the following day and, on Sundays to commence at 1100 hrs;
2. Increase off-sales hours on Sundays to commence at 1100 hrs daily;
3. Add seasonal variation to take advantage of any period of extended hours agreed by the Board for the festive period;
4. To list of permitted activities/entertainment during core hours add receptions, clubs and indoor sports;
5. To list of other activities add "cafe-style services of providing snacks, teas and coffees may be provided";
6. Delete and substitute existing terms of entry for children and young persons;
7. Delete and substitute existing premises description on licence.

There is circulated Report No HLB/036/19 by the Clerk.

9.7  Ref:  HC/CSR/0805
Applicant:  Milton Stores Ltd
Premises:  Milton Stores Ltd, Drovers Way, Invergordon
Type: Off sales

Variation:

1. Increase licensed hours on a Sunday to commence at 1000 hrs

There is circulated Report No HLB/037/19 by the Clerk.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1  Premises:  Charlie Chan’s Restaurant and Takeaway, 2 Sinclair Street, Thurso
Licence Holder:  Ho Won Ltd

13.2  Premises:   The Waterside Hotel, 19 Ness Bank, Inverness, IV2 4SF
Licence Holder: Glen Mhor Limited, First Floor Templeback, 10 Temple Back, Bristol, BS1 6FL

The above Premises Licences have been surrendered in terms of Section 28(5)(f).