Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Wednesday 2 April 2019 at 1.00pm.

Present:

Mr J Bruce, Mr G Cruickshank, Mrs L Macdonald (Vice-Convener), Mr D Macpherson, Mrs P Munro, Mr K Rosie, and Mr C Smith.

In Attendance:

Ms C McArthur, Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Item 6.1: Ms L Ashburn, representative
Item 7.2: Ms A Riva, representative and Mr C Grunert, solicitor for the applicant
Item 8.1: Mr S McGowan, solicitor for the applicant
Item 8.2: Ms C Graham, representative
Item 8.6: Ms L Carson-Hogg, premises manager

Briefing on Protocol for Webcasting of Meetings.

In the absence of the Convener, the Vice Convener advised the Board that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.

1.  Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Dr I Cockburn, Ms E Knox, and Mr A Jarvie.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 8.6: Mrs P Munro and Mr C Smith (non-financial)

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 1 March 2019.

The Minutes were held as read and APPROVED.

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

There had been circulated Report No HLB/089/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 7 February 2019 to 20 March 2019.

The Board NOTED 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 had been circulated Report No HLB/090/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 7 February 2019 to 20 March 2019.

The Board NOTED 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 had been circulated Report No HLB/025/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT a new premises licence subject to mandatory conditions only.

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 had been circulated Report No HLB/026/19 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer advised that in response to the representation received from the Council’s Planning and Development Service that the applicant had requested the application be amended so the on sales and off sales opening hours on a Sunday were 12:00 to 20:00 hours.

The Board AGREED to GRANT a provisional premises licence, as amended at the applicant’s request, subject to mandatory conditions only.

Amended application:

On sales and off sales opening hours on a Sunday shall be 12:00 to 20:00 hours

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 had been circulated Report No HLB/027/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT a provisional premises licence subject to mandatory conditions and the local conditions and special conditions set out at 7.2 and 7.3 respectively of the report.

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 had been circulated Report No HLB/028/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT a provisional premises licence subject to mandatory conditions and the special condition set out at 7.3 of the report.

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 had been circulated Report No HLB/029/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT a provisional premises licence subject to mandatory conditions only.

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 had been circulated Report No HLB/030/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT a provisional premises licence subject to mandatory conditions and the local conditions set out at 7.2 of the report.

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/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

There had been circulated Report No HLB/031/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

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

There had been circulated Report No HLB/032/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and existing local conditions.

8.3  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

There had been circulated Report No HLB/033/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

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

There had been circulated Report No HLB/034/19 by the Clerk which invited the Board to determine the application.

The Clerk advised that following further discussions with the Council’s Building Standards section, an amendment was proposed to the recommended special condition 2, details of which she provided.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local conditions, additional local conditions, mandatory condition - late opening premises condition and special condition 1 as set out at 8.2, 8.3 and 8.4 respectively of the report, and to  special condition 2 being amended as set out below.

Amended special condition:

• Until officers of the Highland Council Building Standards have confirmed that (1) all outstanding building warrants have been applied for (2) the outstanding works have been completed satisfactorily (3) the extension to the mezzanine area on the first floor area of the premises is suitable to be occupied by the public and (4) a revised occupancy capacity agreed, this said area shall not form part of the authorised licensed area. For the avoidance of any doubt, this excluded area does not include the Chillers Bar and Grill.

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

There had been circulated Report No HLB/035/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

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

Declarations of Interest – Mrs P Munro and Mr C Smith both declared a non-financial interest in this item on the grounds that the Premises Manager was known to them personally and did not participate in the determination of this application.

There had been circulated Report No HLB/036/19 by the Clerk which invited the Board to determine the application.

The Clerk circulated all parties with a copy of a letter received from the applicant in response to the points raised by Invergordon Community Council.

The Licensing Standards Officer advised that he had tried to contact the Community Council to discuss the application in advance of the meeting but had not received a response.  He confirmed that Police Scotland had advised that while the premises may have had a reputation for some noise and disturbance in previous years, there had been a dramatic improvement over the last 12 months and they had no concerns in relation to the grant of the application. 

Ms L Carson-Hogg, premises manager reported that a noise management plan was in place in respect of the premises.  She advised that a steward would be in place on the rare occasions a live music event was held at the premises.

In response to a question, the premises manager confirmed that essentially the application sought to provide the flexibility to allow the premises to open until 1am on the odd occasion that this would be required.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at 8.2 and 8.3 respectively of the report.

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

There had been circulated Report No HLB/037/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

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

9.2  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 Board NOTED the above Premises Licences had been surrendered in terms of Section 28(5)(f).

In conclusion of the meeting, the Vice Convener advised that this was Mr D Inglis, Licensing Standards Officer’s last meeting prior to his retirement. She thanked Mr Inglis for the advice and assistance he had provided to the Board and wished him well for the future.

The meeting ended at 1.25pm.