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, 14 May 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 2 April 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/038/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 21 March 2019 to 1 May 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/039/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 21 March 2019 to 1 May 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/639
Applicant: P D Crowe Ltd, Building 6000, Langstone Technology Park, Havant, Hampshire, PO9 1SA
Premises: Foyers Lodge, Foyers, Inverness-shire, IV2 6XT
Type: On sales

There is circulated Report No HLB/040/19 by the Clerk.

6.2  Ref: HC/CSR/1900
Applicant: Rosebank Bowling Club
Premises: Rosebank Bowling Club, Cliff Road, Wick
Type: On sales

There is circulated Report No HLB/041/19 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/INBS/638
Applicant: Twelve Ness Walk Ltd, Johnstone House, 52-54 Rose Street, Aberdeen, AB10 1HA
Premises:  Ness Walk Hotel, 12 Ness Walk, Inverness, IV3 5SQ
Type:  On and Off sales

There is circulated Report No HLB/042/19 by the Clerk.

7.2  Ref: HC/INBS/640
Applicant: Kings Golf Club Inverness, General Booth Road, Inverness, IV3 8JH
Premises:  Kings Golf Club, General Booth Road, Inverness, IV3 8JH
Type:   On and Off sales

There is circulated Report No HLB/043/19 by the Clerk.

7.3  Ref: HC/CSR/1896
Applicant: Wildland Limited, 1st Floor 2 Granish Way, Dalfaber Drive, Aviemore, PH22 1UQ
Premises: Lundies House, Tongue, by Lairg, IV27 4XF
Type: On and Off Sales

There is circulated Report No HLB/044/19 by the Clerk.

7.4  Ref:  HC/RSL/1902
Applicant:  Black Isle Brewing Company Ltd, Old Allangrange, Munlochy, IV8 8NZ
Premises:  Black Isle Bar, St Mary’s House, Gordon Square, Fort William, PH33 6DY
Type: On and Off sales

There is circulated Report No HLB/045/19 by the Clerk.

7.5  Ref:  HC/CSR/1899
Applicant:  Reowatson Limited
Premises:  Farm and Garden Centre, Achtercairn, Gairloch
Type: Off sales

There is circulated Report No HLB/046/19 [report removed from web version in compliance with Data Protection Act 1998] by the Clerk.

7.6  Ref:  HC/CSR/1905
Applicant:  GDHM Trading Limited
Premises:  Gairloch Museum, Achtercairn, Gairloch
Type: On and Off sales

There is circulated Report No HLB/047/19 by the Clerk.

8.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

8.1  Ref: HC/RSL/1867
Applicant:  Caroy House Ltd, Caroy House, Somerled Square, Portree, Isle of Skye, IV51 9EH
Premises:  Caroy House, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type:  On and off sales

Variation:

1. Remove references to accommodation from the operating plan at Q5;
2. Remove reference to residents at explanation below Q5;
3. At other activities during and outwith core hours add bar meals, club and other group meetings and, within core hours only, televised sport to the operating plan at Q5;
4. Amend the description of the premises to reflect the removal of accommodation from the operating plan;
5. Submit new layout plan removing references to accommodation on the premises;
6. Add new premises manager details.

There is circulated Report No HLB/048/19 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/608
Applicant:  Glenfold Ltd, Unit 3, Lotland Street, Inverness, IV2 1ST
Premises:  UrPal Tours, 55 Church Street, Inverness, IV1 1DR
Type:   Off sales

Variation:

1.  Increase alcohol display to 34.21 M2.
2.  New layout plan submitted incorporating new alcohol display.

There is circulated Report No HLB/049/19 by the Clerk.

9.2  Ref:  HC/RSL/0772
Applicant:  MacLeod Hotels Ltd, 71 Castle Heather Road, Inverness, IV2 4EA
Premises:  Royal Hotel, Bank Street, Portree, Isle of Skye, IV51 9BU
Type:  On and off sales

Variation:

1. Amend children and young persons policy;
2. Delete existing seasonal variation and substitute with – The premises may take advantage of any period of extended hours agreed by the Board for the festive period;
3. Remove outdoor drinking area as a permitted activity;
4. Increase capacity from 468 to 488 persons;
5. Amend layout plans –

1. Alterations to the layout including the layout of Tianavaig Restaurant on the ground floor;
2. Removal of restaurant facilities on the 1st floor and conversion of part of the available space to new bedrooms and conversion of part of the available space to new bedrooms;
3. Reduction in the size of the hairdressing area on the 1st floor and formation of new bedrooms;

6. Amend premises description.

There is circulated Report No HLB/050/19 by the Clerk.

9.3  Ref:  HC/CSR/0196
Applicant:  Black Cormorant Ltd, The Overscaig House Hotel, Loch Shin
Premises:  The Overscaig House Hotel, Loch Shin, by Lairg, IV27 4NY
Type:  On and Off Sales

Variation:

1. Remove seasonal variation so as to permit year round trade.
2. Increase licensed hours for on and off sales on a Sunday to commence at 1100 hrs.
3. Delete existing wording for activities provided outwith core hours and substitute “The premises may trade prior to commencement of licensed hours when all listed activities and services may be available for residents and other customers.
4. Delete terms of entry for children and young persons and substitute TERMS – All children must be in the company of an appropriate, responsible adult.  At the discretion of the management unaccompanied young persons may be permitted on the premises failing which they too must be accompanied by an appropriate, responsible adult.  AGES – All ages subject to terms of entry. TIMES – At all times but children are excluded from any part of the premises containing a bar counter after 2200 hrs unless consuming a meal or attending a function.  PARTS – All parts of the premises subject to terms and times of entry.
5. To list of activities outwith core hours add outdoor drinking.
6. Delete existing description of the premises and substitute; “2 storey detached traditional hotel with 8 letting bedrooms, bar/restaurant and associated facilities.  The sale of alcohol is not restricted only to residents.

There is circulated Report No HLB/051/19 by the Clerk.

9.4  Ref:  HC/CSR/1817
Applicant:  Balnapolaig Management Limited, Mackay and Co, Main Street, Golspie, KW10 6RA
Premises:  The Steading, 4 Balnapolaig, Dornoch, IV25 3HA
Type:  On and Off Sales

Variation:

1. Increase capacity to 28 persons following extension to property to include 4 new bedrooms and two restaurant/bar extension including land.
2. Include separate annexe known as Steading No 5 within licensed area.
3. Amend description of premises to read “4 bed guesthouse business operating from No. 4 Balnapolaig which is a semi-detached 2 storey property.  An additional 4 rooms are located within a separate annex known as Steading No 5 Balnapolaig.
4. To other activities and services during and outwith core licensed hours add conference facilities and club or other group meetings etc.

There is circulated Report No HLB/052/19 by the Clerk.

9.5  Ref:  HC/CSR/0323
Applicant:  The Coach House Bar and Restaurant Limited
Premises:  The Coach House Bar and Restaurant, The Square, Dornoch, IV25 3SD
Type:  On and Off Sales

Variation:

1. Increase on sales operating hours daily on Sunday to Thursday to 1100 hrs to 0100 hrs the following day and on Friday and Saturday to 1100 hrs to 0300 hrs the following day.
2. Increase off sales operating hours on Sunday to commence at 1100 hrs.
3. Delete current description of premises and substitute “2 Storey premises located in The Square, Dornoch, comprising of public bar and lounge bar on the ground floor, a lounge/bar restaurant/function room on the first floor and an outside drinking area”.
4. Add seasonal variation “to take advantage of any period of extended hours agreed by the Board for the festive period”.
5. To list of other activities and services during and outwith core hours receptions including weddings, funerals, birthdays, retirements etc, club or other group meetings etc, music, live performances, dance facilities, films, gaming, indoor/outdoor sports, televised sports and outdoor drinking facilities.
6. To Q5(f) other activities charity and fundraising events, theme nights, food and drink fayres, tasting meals, takeaway meals.
7. Amend Children and Young Persons section in accordance with Board policy.
8. Amendment to layout plan to confirm location of outdoor drinking area.

There is circulated Report No HLB/053/19 by the Clerk.

9.6  Ref:  HC/CSR/1432
Applicant:  St Fergus Bowling Club
Premises:  St Fergus Bowling Club, Northcote Street, Wick
Type:  On Sales

Variation:

1. Increase on sales on Sunday to Thursday to terminate at 0100 hrs the following day and, on a Sunday to commence at 1100 hrs.
2. Delete reference to a premises manager.
3. Delete existing description of premises and substitute amended version with extraneous detail removed.
4. Add a seasonal variation to take advantage of any period of extended hours agreed by the Board for the festive period.
5. To list of permitted activities out with core hours add conference facilities, receptions, clubs, live performances, dance and televised sport with the explanation that activities and services may be available for members, their guests and other users prior to the commencement of licensed hours.
6. To the list of activities during and out with core hours add music.
7. At Q5(f) – other activities: add charity and fundraising events and open bowling competitions and that from time to time a marquee or other temporary structure may be erected in the grounds in support of functions and events.
8. Delete existing terms of entry for children and young persons and substitute a new version which will permit unaccompanied children aged 9-15 years to be on the premises until 2100 hrs.
9. Increase capacity to 120 persons.
10. Delete local condition (e) to remove the restriction on the use of the outdoor drinking area.

There is circulated Report No HLB/054/19 by the Clerk.

9.7  Ref:  HC/CSR/1406
Applicant:  Quintelle Ltd
Premises:  The Storehouse, Foulis Ferry, Evanton
Type:  On and Off Sales

Variation:

1. Increase the licensed hours each day to terminate at 0100 hrs the following day, and on a Sunday to commence at 1100 hrs;
2. increase off-sales hours to terminate at 2200 hrs daily and on a Sunday to commence at 1000 hrs;
3. replace explanation for when premises open outwith core hours;
4. add explanation for other activities;
5. set on-sales capacity to 100 persons and off-sales capacity to 3.025m2;
6. add seasonal variation that the premises may take advantage of any period of extended hours agreed by the Board for the festive period;
7. remove local conditions 5,6,7,8 and 9 as they are no longer imposed, and local condition 4 restricting use of outdoor drinking area;
8. amend layout plan to show revised area for off-sales display;
9. update premises description;
10. change address of premises manager

There is circulated Report No HLB/055/19 by the Clerk.

12.  Application for personal licence
Iarrtas airson ceadachd phearsanta

12.1 Applicant:  Marcell Daniel Bukowiecki

There is circulated Report No HLB/056/19 [report removed from web version in compliance with Data Protection Act 1998] by the Clerk.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1  Premises:  McColl, 8 Queensgate, Inverness, IV1 1DA
Licence Holder:  Martin McColl Limited, Martin McColl House, Ashwells Road, Brentwood, Essex, CM15 9ST