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, 1 October 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 6 August 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/078/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 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/079/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 2019 and inviting the Board to note the Report.

6.  Chief Constable’s Report 2018 to 2019
Aithisg an Àrd-Chonstabail 2018 gu 2019

There is circulated the Chief Constable’s Report to the Highland Licensing Board for the period 1 April 2018 to 31 March 2019.

7.  Festive Period Dates 2019/2020 
Cinn-latha Ràithe na Nollaige 2019-2020#

Members are invited to note that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2019/20 have been agreed under delegated powers as follows:

Description of Premises:	Terminal Hour:	Period which may be applied for:
Late night opening premises (as defined in section 2.3 of the Board’s Policy Statement 2018-23)     Other premises	0400 hrs           0200 hrs	From Friday 6 December 2019 (allowing extensions to licensed hours commencing Thursday 5 December into Friday 6 December);   To Friday 3 January 2020 (allowing extensions to licensed hours commencing on Thursday 2 January into Friday 3 January only).

A supplementary policy statement was adopted by the Highland Licensing Board on 18 January 2019 in relation to extended hours during the festive period.  This supersedes the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023.  Premises will generally be granted the above extended hours on the following days within the festive period:

Thursdays, Fridays, Saturdays and Christmas Eve, Christmas Day, Boxing Day, Hogmanay and New Year’s Day (irrespective of which days of the week these fall on).

8.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

8.1  Ref: HC/INBS/642
Applicant: Cairngorm Mountain (Scotland) Ltd, An Lochan, 10 Inverness Campus, Inverness, IV2 5NA
Premises: The Day Lodge, Cairngorm Mountain (Scotland) Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB
Type: On and off sales

There is circulated Report No HLB/080/19 by the Clerk.

8.2  Ref: HC/INBS/644
Applicant: Highfern Ltd, 109 Douglas Street, Glasgow, G2 4HB
Premises: Highfern Ltd, Workshop/Studio, Glencurr, Dulnain Bridge, Grantown on Spey, PH26 3LU
Type: Off sales

There is circulated Report No HLB/081/19 by the Clerk.

8.3  Ref: HC/INBS/645
Applicant: Partnership of Anika Schulz and Andreas Schulz, Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Premises: Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Type: On and off sales

There is circulated Report No HLB/082/19 by the Clerk.

8.4  Ref: HC/CSR/1919
Applicant: Nautilius Gin Foundry Ltd
Premises: The Coach House, Balinroich, Fearn
Type: Off Sales

There is circulated Report No HLB/083/19 by the Clerk.

8.5  Ref: HC/CSR/1920
Applicant: Greg Hooker
Premises: Puldagon Farm Shop and Restaurant, Upper Puldagon, Stirkoke, Wick
Type: On and Off Sales

There is circulated Report No HLB/084/19 by the Clerk.

9.  Licensing (Scotland) Act 2005   
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha

9.1  Ref: HC/INBS/641
Applicant: The Cairngorm Brewing Company Ltd, 12 Dalfaber Industrial Estate, Dalfaber Drive, Aviemore, PH22 1ST
Premises:  Cairngorm Brewery, 96 Academy Street, Inverness, IV1 1LU
Type:              On and off sales

There is circulated Report No HLB/085/19 by the Clerk.

9.2  Ref: HC/INBS/643
Applicant: Siu Ping Liu, 49 High Street, Kingussie, PH21 1HX
Premises:  Galaxy World Buffet Restaurant, Myrtlefield House, Grampian Road, Aviemore, PH22 1RH
Type:              On sales

There is circulated Report No HLB/086/19 by the Clerk.

9.3  Ref: HC/INBS/646
Applicant:  Cairngorm Gin Company Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, IV1 1HT per Janet Hood Training and Consulting Limited,
Kirkton of Balfour, Edzell, Brechin, Angus, DD9 7XU
Premises:  Caralan, Carr Road, Carrbridge, PH23 3AD
Type:              Off sales

There is circulated Report No HLB/087/19 by the Clerk.

9.4  Ref: HC/CSR/1915
Applicant: Andrea Bristow per Inn Business (Scotland) Limited, Springfield House, Laurelhill Business Park, Stirling, FK7 9JQ
Premises:  The Wild Orchid Guest House, Durness, IV27 4PN
Type:              On Sales

There is circulated Report No HLB/088/19 by the Clerk.

9.5  Ref: HC/CSR/1918
Applicant: Lochinver Larder Limited, per ADW Licensing, CBC House, 24 Canning Street, Edinburgh, EH3 8EG
Premises:  The Caberfeidh Bar and Restaurant, Main Street, Lochinver, IV27 4JY
Type:              On and Off Sales

There is circulated Report No HLB/089/19 by the Clerk.

10.       Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

10.1  Ref:  HC/INBS/110
Applicant:  JD Wetherspoon (Scot) Ltd, c/o Brunton Miller, 22 Herbert Street, Glasgow, G22 6NB
Premises:  The Kings Highway, 72-74 Church Street, Inverness, IV1 1EN
Type:             On and off sales

Variation:

(1)  Removal of the requirement to have stewarding on Sunday.

There is circulated Report No HLB/090/19 by the Clerk.

10.2  Ref:  HC/INBS/546
Applicant:  Aldi Stores Limited, Holly Lane, Atherstone, Warwickshire, CV9 2SQ, per TLT LLP, Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises:  Aldi Stores, Inshes Retail Park, Inverness, IV2 3TW
Type:             Off sales

Variation:

(1)  Q5(f) – add the following wording – Sale of other goods consistent with the business of a supermarket including outwith core hours.

(2)  Q7 – increase alcohol display to 31.51426 M2.

(3)  Change layout including relocation of alcohol display area resulting in an increase of alcohol display to 31.51426 M2 (plans enclosed).          

There is circulated Report No HLB/091/19 by the Clerk.

10.3  Ref:  HC/INBS/489
Applicant:  The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  James Pringle Weaver of Inverness, 21 Bridge Street, Inverness, IV1 1HG
Type:             Off sales

Variation:

(1) At Q3 amend the terminal hour for off sales to 22.00 hrs Monday-Sunday.

(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.

(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.

(4)  At Q5(c) in relation to:

- live performances amend so to permit this activity during and outwith licensed hours.

(5) At the box detailing column 4 entries, amend the wording to read:  "The premises may be used for various activities as noted above outwith core licensing hours.  During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours" and delete the existing narrative.

(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc.  Tastings will take place.  Santa's grotto may be available throughout the months of November and December".

There is circulated Report No HLB/092/19 by the Clerk.

10.4  Ref:  HC/INBS/131
Applicant:  The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  The Edinburgh Woollen Mill, 28/30 High Street, Inverness, IV1 1JQ
Type:             Off sales

Variation:

(1)  At Q3 amend the opening time for off sales from 12.30 hrs to 10.00 hrs on Sunday.

(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.

(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.

(4)  At Q5(c) in relation to:

- recorded music amend so to permit this activity during and outwith licensed hours.

- live performances amend so to permit this activity during and outwith licensed hours.

(5) At the box detailing column 4 entries, amend the wording to read:  "The premises may be used for various activities as noted above outwith core licensing hours.  During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours".

(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc.  Tastings will take place.  Santa's grotto may be available throughout the months of November and December".

There is circulated Report No HLB/093/19 by the Clerk.

10.5  Ref:  HC/INBS/443
Applicant:  The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  The Highlander, 6-8 Bridge Street, Inverness, IV1 1HD
Type:             Off sales

Variation:

(1) At Q3 amend the opening hour for off sales to 10.00 hrs on a Sunday and amend the terminal hours for off sales to 22.00 hrs on a Monday-Sunday.

(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.

(3)  At Q59b) amend so to introduce permission for Club or other group meeting both during and outwith licensed hours.

(4)  At Q5(c) in relation to:

- live performances amend so to permit this activity during and outwith licensed hours.

(5) At the box detailing column 4 entries, amend the wording to read:  "The premises may be used for various activities as noted above outwith core licensing hours.  During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours" and delete the existing narrative.

(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc.  Tastings will take place.  Santa's grotto may be available throughout the months of November and December" and delete the existing narrative.

There is circulated Report No HLB/094/19 by the Clerk.

10.6  Ref:  HC/INBS/107
Applicant:  The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  Speyside Woollen Company, Units 14 and 15, The Station, Aviemore, PH22 1RH
Type:             Off sales

Variation:

(1) At Q3 amend opening time of off sales from 12.30 hrs to 10.00 hrs on Sunday and amend the terminal hours for off sales to 22.00 hrs Monday-Sunday.

(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.

(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.

(4)  At Q5(c) in relation to:

- recorded music amend so to permit this activity during and outwith core licensed hours.

- live performances amend so to permit this activity during and outwith licensed hours.

(5) At the box detailing column 4 entries, amend the wording to read:  "The premises may be used for various activities as noted above outwith core licensing hours.  During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours".

(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc.  Tastings will take place.  Santa's grotto may be available throughout the months of November and December".

There is circulated Report No HLB/095/19 the Clerk.

10.7  Ref:  HC/INBS/381
Applicant:  The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness, IV2 5GH
Premises:  The Star Inn, 8 High Street, Ardersier, IV2 7QB
Type:             On and off sales

Variation:

(1) Change to description:  'The premises form a traditional licensed premises located on the High Street of Ardersier.  The premises comprise a public bar and a lounge bar.  There is a fully seated dining area on the ground floor accessed via the lounge bar.  In addition, there is a further dining area on the second floor of the premises.

At the rear of the premises is an outside drinking area which extends over two levels.

The premises has a small car park for customers and full toilet facilities with baby changing.'

(2) Layout plans have been amended in order to incorporate restaurant areas on the first and ground floor of the premises which result in increased capacity at Section 7 of the operating plan.

The outside drinking area on the south side of the premises is now removed having become the downstairs dining area.

The outside drinking area to the rear of the premises has been extended and is now on two levels.

There is circulated Report No HLB/096/19 by the Clerk.

10.8  Ref:  HC/RSL/1281
Applicant: Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  Portree Knitwear, 11 Wentworth Street, Portree, Isle of Skye, IV51 9EJ
Type: Off Sales

Variation:

1. At Q3 amend opening time for off sales from 1230 hours to 1000 hours on a Sunday and amend the terminal hour for off sales to 2200 hours Monday to Sunday;
2. At Q4 change from Yes to No so that the premises will not operate according to seasonal demand;
3. At Q5(b) amend to introduce permission for club and other group meetings both during and outwith licensed hours;
4. At Q5(c) amend to introduce permission for live performances both during and outwith licensed hours;
5. At the box detailing column 4 delete current wording and insert the following wording: “the premises may be used for various activities as noted above outwith core licensing hours.  During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours”;
6. At Q5(f) delete the current wording and insert the following wording: “the retail sale of a wide range of goods including clothing, woollens, shoes, golf equipment, household items etc.  Retail sales may take place within and outwith core licensed hours.  Tastings will take place.  Santa’s grotto may be available throughout the months of November and December”.

There is circulated Report No HLB/097/19 by the Clerk.

10.9  Ref:  HC/RSL/1389
Applicant: Maurice Vallely per MacPhee and Partners, Solicitors, Airds House, An Aird, Fort William, PH33 6BL
Premises:  The Stronlossit Inn, Roy Bridge, PH31 4AG
Type: Off Sales

Variation:

(1) increase footprint of premises to accommodate new cellar at rear of premises.

(2)   increase core on-sale hours to 1100 hours to 0100 hours, Monday to Sunday.

(3)   increase core off-sale hours to 1000 hours to 2200 hours, Monday Sunday.

There is circulated Report No HLB/098/19 by the Clerk.

10.10  Ref:  HC/CSR/0221
Applicant: The Edinburgh Woollen Mill Limited
Premises:  West Highland Woollen Company, 5 Shore Street, Ullapool
Type: Off Sales

Variation:

1. increase off-sales hours on Monday to Sunday to terminate at 2200 hrs
2. remove seasonal variation
3. to list of  activities/services provided during and outwith core hours add club or other group meetings, recorded music and live performances and add explanation for provision outwith licensed hours
4. add details of other activites provided

There is circulated Report No HLB/099/19 by the Clerk.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1  Premises:  Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN
Licence Holder:  Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN

11.2  Premises:   The Storehouse, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Ski Area, Aviemore, PH22 1RB

11.3  Premises:   Brooklynn, Grant Road, Grantown-on-Spey,PH26 3LA
Licence Holder: Silvia Woodier, Brooklyn, Grant Road, Grantown-on-Spey, PH26 3LA

11.4 Premises:   Elephants in the Pantry, 50-52 High Street, Grantown-on-Spey, PH26 3EH
Licence Holder: Nicola Dingwall, Craigdhu, Woodside Avenue, Grantown-on-Spey, PH26 3JR

11.5  Premises:   Grants at Craigellachie, Ratagan, Glenshiel, Kyle, IV40 8HP
Licence Holder: Grants at Craigellachie Ltd, Ratagan, Glenshiel, Kyle, IV40 8HP

11.6 Premises:   Dows Stores, Deshar Road, Boat of Garten, PH24 3BN
Licence Holder: Partnership of Dows, Deshar Road, Boat of Garten, Ph24 3BN

11.7 Premises:   The Ptarmigan, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Mountain Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB

11.8 Premises: West End Stores, Main Street, Golspie
Licence Holder: Naseem Sarwar

11.9 Premises: Highland Groceries, Great North Road, Muir of Ord
Licence Holder: Mohammed Chaudhry

11.10 Premises: Mey House, East Mey, by Thurso
Licence Holder: The Mey House, Partnership

11.11 Premises: Spiral Café and Bistro, Strath, Gairloch
Licence Holder: Kieran Hennessey

11.12 Premises: The Old Minister’s Guest House, Rothiemurchus, Aviemore, PH22 1QH
Licence Holder: Aviemore Gin Society Limited

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

12.  Appointment of Chair
Suidheachadh de Chathraiche

Nominations are invited for the post of Convenor of the Highland Licensing Committee.