Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place remotely via Microsoft Teams on Tuesday, 11 May 2021 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

Iain Meredith
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 March 2021.

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/026/21 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 18 March 2021 to 28 April 2021 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/027/21 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 18 April 2021 to 28 April 2021 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/RSL/1966
Applicant: Niall Munro
Premises: Birch, Bayfield Road, Portree, Isle of Skye, IV51 9EL
Type: On sales

There is circulated Report No HLB/028/21 by the Clerk.

6.2  Ref: HC/RSL/1970
Applicant: Alistair Ness
Premises: Rain Bakery, 41 High Street, Fort William, PH33 6DH
Type: On and Off-sales

There is circulated Report No HLB/029/21 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/CSR/1969
Applicant: The Partnership of Rachael Hawkins and Samuel Hawkins
Premises:  Delilah’s, Main Street, Lochinver, IV27 4JX
Type:  On and off sales

There is circulated Report No HLB/030/21 by the Clerk.

7.2  Ref: HC/RSL/1971
Applicant: Black Sheep Management Services Ltd, per Twindeer Law, Lochaber Rural Complex, Torlundy, Fort William, PH33 6SQ 
Premises:  37 High Street, Fort William
Type:  On and off sales

There is circulated Report No HLB/031/21 by the Clerk.

7.3  Ref: HC/CSR/1961
Applicant: Kathryn Christie
Premises:  Dalmore Farm Shop and Restaurant, Dalmore Farm, Alness
Type:  On and Off Sales

There is circulated Report No HLB/032/21 by the Clerk.

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/615
Applicant:  Kinrara Distillery Limited, Lochindorb Lodge, Lochindorb, Grantown-on-Spey, PH26 3PY
Premises:  Kinrara Distillery, Lynwilg Farm Steading, Lynwilg, Aviemore, PH22 1PZ
Type: off sales

Variation:

1.  Add on sales:  Sunday-Thursday:  1100-2300 hrs; Thursday-Friday:   1100-2400 hrs.

2.  Amend the list of activities and entertainment within Section 5 of Operating Plan to accurately reflect the portfolio of services to customers that the Distillery provides.

3.  Amend Section 5(f) of the Operating Plan to reflect the inclusion of an events/conference facility serviced by a bar where on sales can be provided.

4.  Amend capacity section to reflect uplift in capacity from expansion of licensed facilities to 330.

There is circulated Report No HLB/033/21 by the Clerk.

8.2  Ref:  HC/INBS/627
Applicant:  Killiehuntly Farmhouse, Glenfeshie Limited
Premises:  Killiehuntly Farmhouse, by Kingussie, PH21 1NZ
Type: on sales

Variation:

1.  To sell a range of off sales from a bespoke Farm Shop to cottage residents on site.

2.  Layout plans updated to include the provision of a Farm Shop stocking alcohol for off sales within the estate office/farm shop.

3.  Included on the site is the provision to operate a Farm Shop within a secure estate office to sell a range of products including alcohol.

4.  Description to  include: ‘Killiehuntly Estate comprises of a four bedroom detached farm house, with sitting room, study, dining room and kitchen on ground level; four en-suite bedrooms on its upper storey.  The farm house is licensed for sales of alcohol to guests on the premises.  There  is also an outside area for guests included in the licensed footprint.

Also on the Estate are five more self-catering properties of differing size, these  are not licensed, however, guests staying in these properties can purchase foodstuffs and alcohol from an Estate Farm Shop which is licensed for off sales provision.’

There is circulated Report No HLB/034/21 by the Clerk.

8.3  Ref:  HC/CSR/0369
Applicant:  Richard Mackay and Son (Durness) Limited, Durine, Durness, IV27 4PN
Premises:  Richard Mackay and Son (Durness) Limited, Durine Durness, IV27 4PN
Type: Off sales

Variation:

1. Vary operating plan to increase the off sales capacity.
2. Amendment to layout plan.
3. Add to other activities the provision of background music.
4. Change to premises manager.

There is circulated Report No HLB/035/21 by the Clerk.

8.4  Ref:  HC/RSL/1156
Applicant:  Red Jura Limited, 32 Saskatoon Place, East Kilbride, G75 8LP
Premises: Creag Mhor Lodge, North Ballachulish, PH33 6RY
Type: On-sales

 Variation:            

1. To offer specialist brand whiskies for consumption off the premises to both residents and also online, telephone and postal customers. There will be no dedicated display area and off-sales will be resourced from a stock list.
2. Tastings may be offered on the premises prior to sale.

There is circulated Report No HLB/036/21 by the Clerk.

8.5  Ref:  HC/RSL/1395
Applicant:  Hawthorn Leisure Scotco Limited per TLT LLP (Glasgow), 140 West George Street, Glasgow, G2 2HG
Premises:  Maryburgh Inn, 36 High Street, Fort William, PH33 6AT
Type: On and off-sales

Variation:

1.    At Q.5 of Operating Plan add the following activities:- (1) Restaurant Facilities and (2) Bar Meals (within and outwith core licensed hours);

2.    Q.5(f):- include that the premises may offer the provision of takeaway meals supplied with or without off-sales;

3.    Update description of premises to include as follows: "Public House sells alcohol both on and off the premises, cold beverages, bar snacks and food";

4.    Revise layout plan to show pizza oven, double sink and w/h basin.

There is circulated Report No HLB/037/21 by the Clerk.

8.6  Ref:  HC/RSL/0432
Applicant:  Ben Nevis Bar Trading Company Limited per MacPhee and Partners, Airds House, An Aird, Fort William, PH33 6BL
Premises:  Ben Nevis Bar, 103 High Street, Fort William, PH33 6DG
Type: On and off-sales

1. Variation to Operating Plan:

• Increase core on-sales opening hour on Sundays to 1100 hrs (previously 1200 hrs) and terminal hour to 0100 hrs (previously 0000 hrs)
• Increase core off-sales opening hour on Sunday to 1100 hrs (previously 1200 hrs)
• At Q5 of Operating Plan add the following activities outwith core hours : live performances, dance facilities and gaming
• At Q5(f) of Operating Plan include option of providing takeaway meals with or without the sale of alcohol
• Increase capacity from 437 persons to 439 persons

2. Variation to Layout Plan:

•      Relocation of customer toilets from ground floor to upper floor
•      New access created on ground floor to balcony area at rear of premises
•      Extension to balcony area and formation of new steps accessed from Middle Street
•      Internal refurbishments on ground floor to create two restaurant/bar areas and specialist whisky bar (formerly lounge and public bars).
•      Restaurant area removed from upper floor.

3. Description of Premises:

Update description  of premises to reflect change of emphasis of the premises to one operating largely as a restaurant, albeit with a small specialist whisky bar as follows:

• The premises is located on the High Street in the town centre area of Fort William.
• The ground floor of the premises consist of two restaurant areas and a small specialist whisky bar.
• The upper floor of the premises consist of staffing facilities, kitchen, office and customer toilets.
• The premises also provides external eating and drinking facilities on a raised deck to the rear of the premises and external drinking facilities adjacent to the premises on the Fort William High Street.

There is circulated Report No HLB/038/21 by the Clerk.

8.7  Ref:  HC/RSL/1944
Applicant:  West Highland Breweries Ltd, t/a Glen Spean Brewing Co, Tirindrish Steading, Spean Bridge, PH34 4EU
Premises:  Glen Spean Brewing Co, Tirindrish Steading, Spean Bridge, PH34 4EU
Type: Off-sales

Variation:

1. Revision to layout plan, relocating current on-site sales area to a new area which forms part of the existing brewery buildings.
2. Increase in off-sale display capacity from 1.5 square metres to 3.1 square metres.

There is circulated Report No HLB/039/21 by the Clerk.

8.8  Ref:  HC/CSR/1430      
Applicant:  Fortrose and Rosemarkie Golf Club
Premises:  Fortrose and Rosemarkie Golf Club, Ness Road East, Fortrose
Type: On and Off-sales

Variation:

1. amend the layout plan to include within the licensed area an outdoor drinking area, new building which incorporates art swing studio and other facilities, and off-sales display in the new building;
2. change premises description to take account of these changes;
3. redefine the children and young person’s policy;
4. increase off sales hours on Sunday morning;
5. to activities provided add conference facilities during and outwith core hours and bar meals and club meetings outwith core hours, redefine paragraph relating to activities provided outwith core hours and detail other activities provided at the premises;
6. increase the on sales capacity from 100 to 180 and add off-sales capacity of 0.70m2.

There is circulated Report No HLB/040/21 by the Clerk.

9.  Application for personal licence
Iarrtas airson ceadachd phearsanta

9.1 Applicant:  Graham McMenemy

There is circulated Report No HLB/041/21 [report removed from web version in compliance with Data Protection Act 1998] by the Clerk.

The Committee is invited to determine this matter in accordance with the Council’s Hearings Procedure.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

10.1  Premises:  Druie Café Restaurant, Rothiemurchus Centre, Inverdruie, PH22 1QH
Licence Holder:  John Grant t/a Rothiemurchus Estate, The Dell, Inverdruie, PH22 1QH

10.2  Premises:  Aviemore News, Unit 1, Myrtlefield Centre, Grampian Road, Aviemore, PH22 1RH (ceasing to have effect)
Licence Holder:  Partnership of Ernest Kopp and Debra Kopp, 164 Grampian Road, Aviemore, PH22 1RW

10.3  Premises:  Clunebeg Lodge, Clunebeg Estate, Drumnadrochit, IV63 3US
Licence Holder:  Gillian Marion Daley, Clunebeg Lodge, Clunebeg Estate, Drumnadrochit, IV63 3US

10.4 Premises: Lochaber Rural Complex, Aonach Mor Road, Torlundy, Fort William, PH33 6SQ
Licence Holder:      Lochaber Rural Complex Limited, c/o Voluntary Action Lochaber, Claggan Road, Fort William

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

11.  Review proposals – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail  

There is circulated Report No HLB/042/21 by the Clerk inviting the Board to make premises licence review proposals in respect of premises licences for which the annual fee has not been paid.