Agendas, reports and minutes

During the coronavirus period, the Licensing (Scotland) Act 2005 has been temporarily amended to allow Board meetings to take place remotely rather than by way of a public meeting. 

Minute of the remote meeting of the Highland Licensing Board held on Tuesday 12 May 2020 at 12 noon.

Present:

Mr J Bruce, Mr A Jarvie, Mrs E Knox, Mrs L Macdonald (Convenor), Mr K Rosie, Mr C Smith.

In Attendance:

Ms C McArthur, Clerk to the Licensing Board
Mr I Meredith, Depute Clerk to the Licensing Board
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer

This meeting was not webcast.  

1.  Apologies for Absence
Leisgeulan

No apologies were intimated.

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 18 February 2020.

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 Reports No HLB/012/20 and HLB/013/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 18 March 2020 to 29 April 2020.

The Board NOTED the reports.

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 Reports No HLB/014/20 and HLB/015/20 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 19 March 2020 to 29 April 2020.

The Board NOTED the reports.

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

5.1  Ref: HC/INBS/653
Applicant: Black Sheep Management Services Limited, Ton-An-Oir, Invergarry, PH35 4HR per Twin Deer Law, TDL HQ, Lochaber Rural Complex, Fort William, PH33 6SQ
Premises: Strathness House, 4 Ardross Terrace, Inverness, IV3 5NQ
Type: On and off sales

There had been circulated Report No HLB/016/20 by the Clerk which invited the Board to determine the application.

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

5.2  Ref: HC/INBS/654
Applicant: Partnership of Gordon Stirling and Stuart Lilley, Speyside, Laggan Stores, Laggan Bridge, PH20 1AH
Premises: Laggan Coffee Bothy, Laggan Bridge, Laggan, PH20 1AH
Type: On and off sales

There had been circulated Report No HLB/017/20 by the Clerk which invited the Board to determine the application.

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

5.3  Ref: HC/RSL/2036
Applicant: Partnership of Mark I Rossi and Larisa Mostovaya
Premises: Torlinnhe Guest House, Achintore Road, Fort William, PH33 6RW
Type: On sales

There had been circulated Report No HLB/018/20 by the Clerk which invited the Board to determine the application.

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

5.4  Ref: HC/RSL/2037
Applicant: The National Trust for Scotland Enterprises Limited per Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EY
Premises: Glenfinnan Monument and Visitor’s Centre, Glenfinnan, PH37 4LT
Type: On and off sales

There had been circulated Report No HLB/019/20 by the Clerk which invited the Board to determine the application.  The applicant’s solicitor had also prepared a written submission for the application which was circulated with the Report.

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

The application to be amended as follows:

On sales core hours are to be:

11:00 - 20:00 – Monday to Thursday

11:00 - 24:00 – Friday and Saturday

11:00 - 20:00 – Sunday

5.5  Ref: HC/RSL/2038
Applicant: The National Trust for Scotland Enterprises Limited per Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EY
Premises: Glencoe Visitor Centre, Glencoe, PH49 4HX
Type: On and off sales

There had been circulated Report No HLB/020/20 by the Clerk which invited the Board to determine the application.  The applicant’s solicitor had also prepared a written submission for the application which was circulated with the Report.

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

5.6  Ref: HC/RSL/2040
Applicant: Partnership of Cameron and Danielle MacKinnon
Premises: Distant Hills Guest House, Roy Bridge Road, Spean Bridge, PH34 4EU
Type: On sales

There had been circulated Report No HLB/021/20 by the Clerk which invited the Board to determine the application.

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

5.7  Ref: HC/CSR/2041
Applicant: Black Orchid Gifts Ltd
Premises: Black Orchid Gifts Ltd, 88 High Street, Alness
Type: Off sales

There had been circulated Report No HLB/022/20 by the Clerk which invited the Board to determine the application.

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

5.8  Ref: HC/CSR/2033
Applicant: Rebecca Fraser
Premises:  Newhall Mains, Balblair, Dingwall
Type:  On sales

There had been circulated Report No HLB/023/20 by the Clerk which invited the Board to determine the application.  The applicant’s solicitor had also prepared a written submission for the application which was circulated with the Report.

The Board AGREED to GRANT the premises licence subject to the mandatory conditions, the local conditions and late opening local conditions set out at 7.2 and 7.3 respectively of the report.

5.9  Ref: HC/RSL/2044
Applicant: West Highland Breweries Ltd t/a Glenspean Brewing Company
Premises: Tirindrish Steading, Spean Bridge, PH34 4EU
Type: Off-sales

There had been circulated Report No HLB/024/20 by the Clerk which invited the Board to determine the application.

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

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

6.1  Ref: HC/INBS/651
Applicant: Mooney Store Ltd, 56 Culcabock Avenue, Inverness, IV2 3RQ
Premises:  Tornagrain Stores, 2 Douglas Court, Tornagrain, IV2 8AL
Type:  off sales

There had been circulated Report No HLB/025/20 by the Clerk which invited the Board to determine the application.

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

6.2  Ref: HC/INBS/655
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG13 0EB per TLT LLP, Hobart House, 80 Hanover Street, Edinburgh, EH1 1EL
Premises:  Edinburgh Woollen Mill, 5 Bridge Street, Inverness, IV1 1HG
Type:  Off sales

There had been circulated Report No HLB/026/20 by the Clerk which invited the Board to determine the application. The applicant’s solicitor had also prepared a written submission for the application which was circulated with the Report.

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

6.3  Ref: HC/RSL/2039
Applicant: Duncraig Castle Scotland Limited
Premises:  Duncraig Castle Scotland Limited, Duncraig Castle, Plockton, IV52 8TZ
Type:  On sales

There had been circulated Report No HLB/027/20 by the Clerk which invited the Board to determine the application.

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

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

7.1  Ref:  HC/INBS/147
Applicant:  IV1 Limited, Clava House, Cradlehall Business Park, Inverness, IV2 5GH per Macleod 7 MacCallum, 28 Queensgate, Inverness, IV1 1DJ
Premises:  Botanic House, 9-21 Castle Street, Inverness, IV2 3DX
Type: On sales

Variation:

1.  Amend core opening hours from 11.00 hrs to 03.00 hrs Sunday-Saturday for the purposes of serving food downstairs.

2.  Add Bar meals - within core hours.

3.  Add Restaurant - within core hours.

4.  6(b) Change of wording:-

Downstairs:  Children and young persons will be permitted when accompanied by an adult for the purpose of having a meal or attending a bone fide functions.

Upstairs:  Children and young persons will be permitted entry when attending under 18 events.

6(c)  Downstairs:  0-17 years of age

Upstairs:       12-17 years of age

6(d)  Downstairs:  Children and young persons attending for the purposes of  having a meal to be permitted until 22.00 hrs.

Upstairs:  Children and young persons will be permitted entry between 11.00 hrs and 22.00 hrs when attending an under 18 event or dedicated function.

Children and young persons attending a private function (upstairs) permitted until 01.00 hrs.

5.  Change to description to read: 'Entertainment and Restaurant Premises over 3 floors.

On the upper level, the Premises offer live performance, dance facilities, recorded music and other facilities.  Late hours will apply solely to this part of the Premises.

On the ground floor of the Premises, the operation is food led with restaurant facilities and bar meals offered to the public.

There had been circulated Report No HLB/028/20 by the Clerk which invited the Board to determine the application.

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

7.2  Ref:  HC/RSL/1507
Applicant:  Perle Hotels Ltd
Premises:  Marmadale, Home Farm Road, Portree, Isle of Skye, IV51 9LX
Type: On and off sales      

Variation:

1. Amend premises description;
2. On and off sales to commence at 1100 hours instead of 1200 hours on Sunday;
3. Substitution of premises manager;
4. Increase capacity of premises from 161 to 202;
5. Variation to layout plan –

1. Addition of 23 guest bedrooms to the existing hotel increasing the total room numbers to 34 thus increasing the overall footprint;
2. Develop and extend the car park provision with an additional 25 spaces and provision of a bicycle shelter;
3. The main entrance is moving to what was the original rear of the hotel and will be accessed from the main car park walkway;
4. The existing toilets are being relocated to the new extension allowing for a larger reception and small reception/lounge area for the restaurant;
5. The existing garden dining area is being extended to fit additional tables.

There had been circulated Report No HLB/029/20 by the Clerk which invited the Board to determine the application.

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

7.3  Ref:  HC/CSR/1800
Applicant:  Carol Mackay
Premises:  The Carnegie Tearoom and Deli, The Carnegie Courthouse, Castle Street, Dornoch
Type: On and Off Sales

Variation:

1. amend the layout plan due to installation of raised bar counter with adjacent bar stool seating and increase the existing off sales area;
2. amend premises description;
3. add bar meals, films, gaming, indoor/outdoor sports and televised sports to list of activities provided during and outwith core hours;
4. increase alcohol display capacity;
5. amend terms of children and young persons policy.

There had been circulated Report No HLB/030/20 by the Clerk which invited the Board to determine the application.

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

7.4  Ref:  HC/RSL/0486
Applicant:  David Smillie
Premises:  Volunteer Arms, 47 High Street, Fort William, PH33 6Dh
Type: On and off sales

Variation:

Request removal of the following local condition:

1. "After 2100 hours on Friday and Saturday where the premises is open until later than 0100 hours the following day, the premises licence holder will ensure that there are a minimum of three stewards all holding a licence granted under Section 8 of the Private Security Industry Act 2001 working at the premises, with one steward dedicated to the internal floor area of the premises."
2. Request the above condition be replaced with a condition requiring two stewards to be present on the premises on Friday and Saturday evenings until such time as all customers had vacated the premises.

There had been circulated Report No HLB/031/20 by the Clerk which invited the Board to determine the application.

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

7.5  Ref:  HC/INBS/53
Applicant:  Speyside Heather Centre, Skye of Curr Road, Dulnain Bridge, Inverness-shire, PH26 3PA
Premises:  Speyside Heather Centre, Skye of Curr Road, Dulnain Bridge, Inverness-shire, PH26 3PA
Type: on and off sales

Variation:

1.  Amend core on-sales hours to commence at 10.00 hrs.

2.  Include seasonal variation within operating plan.

3.  Amend list of activities at Section 5 of operating plan to read:  "All facilities marked yes in column 4 will be made available to customers depending upon individual requirements and can be available outwith licensed hours."

4.  Amend Section 5(f) to include function being held within dedicated function room to read:  "Tourist visitor attraction specialising in historical and modern uses of heather.  Premises is primarily a garden centre, antiques, gift shop, show garden and restaurant.  A variety of functions may be held within the dedicated function suite."

5.  Amend capacity at Section 7 of operating plan, increase from 120 to 180.

6.  Childrens' policy amended to read:  6(b) "Children of sufficient maturity at management discretion will be allowed access unaccompanied to the cafe.  Children attending functions are required to be accompanied by an adult.

Young persons at management discretion, will be allowed access unaccompanied at all times."

6(c) "0-17 according to term of 6(b)."

6(d)  "At all times according to terms of 6(b)."

There had been circulated Report No HLB/032/20 by the Clerk which invited the Board to determine the application.

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

7.6  Ref:  HC/INBS/338
Applicant:  Eden Court Highlands Ltd, Eden Court Theatre, Bishop’s Road, Inverness, IV3 5SA
Premises:  Eden Court Theatre and Cinemas, Bishop’s Road, Inverness, IV3 5SA
Type: on and off sales

Variation:

1.  Outside drinking area to include all outside areas of the grounds and car parks to allow the Licence Holder more flexibility in hosting events within the grounds.

2.  Sunday on sales hours to commence from 1100 hours.

3.  Description to be amended to include "The entire grounds inclusive of all car parking areas are included within the licensed area to allow for maximum flexibility when catering for events required to be accommodated in whole or in part within the grounds."

There had been circulated Report No HLB/033/20 by the Clerk which invited the Board to determine the application.

The Board AGREED to DEFER the major variation to premises licence application to allow (1) formal notification to be sent to Ballifeary Community Council and (2) dialogue to continue with the applicant, Ballifeary Community Council and the Licensing Standards Officer to try and resolve any of the raised concerns.

8.  Surrender of premises licence
Gèilleadh ceadachd togalaich

8.1  Premises:  Kiltearn House, Evanton
Licence Holder:  Edward White

8.2  Premises: Essence of India Restaurant, West Lane, Ullapool
Licence Holder : Mohammed Rokonuzzaman

8.3  Premises: The Pavilion Restaurant, The Esplanade, Pentland Crescent, Thurso
Licence Holder : Dennis MacLeod

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

8.4  Premises:   Pier House, Inverie, Knoydart
Licence Holder:  Partnership of Andrew M H Carden and Gwen Barrell

The Clerk verbally confirmed at the Licensing Board Meeting on 18 February 2020 that the above Premises Licence had been surrendered.

The meeting ended at 12:35pm.