Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 1 October 2019

Minutes: Read the Minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 1 October 2019 at 1.00pm.

Present:

Mr J Bruce, Dr I Cockburn (Convener) Mr G Cruickshank, Ms E Knox, Mrs L Macdonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie, Mr C Smith.

In Attendance:

Ms C McArthur, Clerk
Mr I Meredith, Depute Clerk
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant

Also In Attendance:

Sergeant K Duncan, Police Scotland

Item 8.2: R Ransom, applicant
Item 8.3: A Schulz, applicant
Item 9.1: C Loudon, solicitor and S Faircliff, representative
Item 9.2: S Liu, applicant, J Hed, representative and A Dickson, objector
Item 9.3: J Hood, solicitor and A Smith, representative
Item 9.5: A Williams, solicitor
Item 10.1: A MacIver, solicitor
Item 10.2: C Loudon, solicitor and P Boufield, representative
Item 10.3: C Loudon, solicitor
Item 10.4: C Loudon, solicitor
Item 10.5: C Loudon, solicitor
Item 10.6: C Loudon, solicitor
Item 10.8: C Loudon, solicitor
Item 10.10: C Loudon, solicitor

Briefing on Protocol for Webcasting of Meetings.

The 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

An apology for absence was intimated on behalf of Mr A Jarvie.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

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 6 August 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/078/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 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/079/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 2019.

The Board NOTED the report.

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

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

Sergeant K Duncan, Police Scotland, presented the report. She reported that the number of offences in Highland was extremely low given the large number of licensed premises distributed across a vast geographical area. This reflected the success of the partnership working in the Highlands and she commended the joint approach over the period by Police Scotland, Licensing Standards Officers, licensing staff, licensees, and the Highland Licensing Forum. She also referred to the success of the Pubwatch scheme and initiatives such as Best Bar None in the area, details of which she provided.

In discussion, the fact there was no evidence or intelligence to suggest there was an issue with children illegally purchasing alcohol in the Board’s area was welcomed.

The Convener thanked Police Scotland for the positive report and commended the partnership working being undertaken across the Board’s area and also conveyed the Board’s thanks to the licensing trade for their good work.

The Board NOTED the report.

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

The Board NOTED that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2019/20 had been agreed under delegated powers as follows:

Description of Premises: Terminal Hour: Period which may be applied for:

Late night opening premises 0400 hrs From Friday 6 December 2019 (allowing extensions to licensed hours
(as defined in section 2.3 of commencing Thursday 5 December into Friday 6 December);
the Board’s Policy Statement 2018-23)

Other premises 0200 hrs To Friday 3 January 2020 (allowing extensions to licensed hours January into Friday 3 commencing on Thursday 2 January only).

It was noted that a supplementary policy statement had been adopted by the Highland Licensing Board on 18 January 2019 in relation to extended hours during the festive period. This superseded the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023. Premises would 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 had been circulated Report No HLB/080/19 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/081/19 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/082/19 by the Clerk which advised that timeous notices of objection to the application had been received from Mr and Mrs Sinclair, Richard and Fiona Paxton and Mrs Jocelyn Ward. The Board was invited to determine the application.

The Licensing Standards Officer reported that the applicant sought to sell alcohol solely to residential guests who had booked accommodation at this well run premises. This would be an ancillary service to the main business of providing accommodation and food. The applicant had traded for a number of weeks in this manner under occasional licences with no issues arising. He recommended that a condition be attached to any grant of a licence to the effect that after 2100 hours, alcohol or non-alcoholic drinks shall not be consumed in any outdoor drinking area. The applicant was content with this condition and had advised that she was on good terms with her neighbours. He was confident that if the application was granted, the premises would be operated within the licensing objectives.

Ms A Schulz, applicant, confirmed that alcohol would be sold to guests only and it was in her own interests to ensure there was no noise and disturbance arising as there were other guests staying in the premises.

In discussion, it was suggested that the concerns expressed by the objectors were not directly relevant to this application as the sale of alcohol would be to guests only.

The Board AGREED to GRANT the application for a new premises licence subject to mandatory conditions, the local conditions and the special condition as set out at 7.2 and 7.3 respectively of the report.

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

There had been circulated Report No HLB/083/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a new premises licence subject to mandatory conditions and the special conditions as set out at 7.3 of the report.

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 had been circulated Report No HLB/084/19 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/085/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a provisional premises licence subject to mandatory conditions, the local conditions and special conditions as set out at 7.2 and 7.3 respectively of the report

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 had been circulated Report No HLB/086/19 by the Clerk which advised that a timeous notice of objection to the application had been received from Mr Alfred Dickson. The Board was invited the Board to determine the application.

The Licensing Standards Officer advised that the applicant was an experienced operator in the restaurant trade. The objection received in response to the application had focused on the conduct of another licensed premises nearer to the objector’s home. While he acknowledged the overall point being made by the objector that more licensed premises may lead to more noise disturbance, he did not consider this application would give rise to the issues which the objector had experienced in the past. He was confident that if the application was granted the premises would be operated within the licensing objectives.

Mr A Dickson, objector, advised that he was concerned that overspill leaving the restaurant at 11pm would filter into late opening premises which would exacerbate the problem he and other local residents had suffered with noise and disturbance associated with a premises located nearby.

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

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 had been circulated Report No HLB/087/19 by the Clerk which invited the Board to determine the application.

The Clerk circulated the Board with copies off the applicant’s delivery policy.

Ms J Hood, solicitor for the applicant, explained the delivery policy had been prepared to cover internet and telephone sales.

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

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 had been circulated Report No HLB/088/19 by the Clerk which invited the Board to determine the application.

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

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 had been circulated Report No HLB/089/19 by the Clerk which invited the Board to determine the application.

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

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

There had been circulated Report No HLB/090/19 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 the existing local conditions with the removal of ‘Sunday’ from condition (v).

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

There had been circulated Report No HLB/091/19 by the Clerk which invited the Board to determine the application.