Agendas, reports and minutes

meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 22 June 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 11 May 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/043/21 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 29 April 2021 to 9 June 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/044/21 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 29 April 2021 to 9 June 2021 and inviting the Board to note the Report.

6.  The Highland Licensing Board Functions Report 2020-21
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2019/20

There is circulated Report No HLB/045/21 inviting the Board to approve the Board’s fourth annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

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

There is circulated Report No HLB/046/21 by the Clerk inviting the Board to here from the stated licence holders and then to consider and determine the premises licence review proposal for each of the premises.

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

8.1  Ref: HC/RSL/1976
Applicant: Blackstream Limited /ta Balmacara Mains Guest House
Premises: Balmacara Mains Guest House, (Blackstream Limited), Glaick, Balmacara, IV40 8DN
Type: On sales

There is circulated Report No HLB/047/21 by the Clerk.

8.2  Ref: HC/RSL/1965
Applicant: Lady Helen Grant
Premises: Glendessary Lodge, Glendessary Estate, Spean Bridge, PH34 4EL
Type: On-sales

There is circulated Report No HLB/048/21 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/660
Applicant: Axcel Hospitality (Inverness) Ltd, 2nd Floor, 29 Dingwall Road, Croydon, CR0 2NB
Premises:  Riverness Hotel, 83 Church Street, Inverness, IV1 1ES
Type:  On and off sales

There is circulated Report No HLB/049/21 by the Clerk.

9.2  Ref: HC/INBS/661
Applicant: Mor-Rioghain Ltd, 267 Clifton Road, Aberdeen, AB24 4HJ
Premises:  Highlander, 44-46 Church Street, Inverness, IV1 1EH
Type:  On and off sales

There is circulated Report No HLB/050/21 by the Clerk.

9.3  Ref: HC/CSR/1972
Applicant: North Coast Distillers Ltd t/a North Point Distillery
Premises:  North Point Distillery, Murkle House, Forss Business and Energy Park, Thurso
Type:  On and off sales

There is circulated Report No HLB/051/21 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/159
Applicant:  Co-operative Group Food Ltd
Premises:  Co-operative, 4 Cradlehall Court, Caulfield Road, Inverness, IV2 5WD
Type: off sales

Variation:

1.  Recorded background music may be played within and  outwith core hours.

2.  Amend box at Q5(f) to read:  The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.

There is circulated Report No HLB/052/21 by the Clerk.

10.2  Ref:  HC/INBS/120
Applicant:  Co-operative Group Food Ltd
Premises:  Co-operative, Station Road, Beauly, IV4 7EH
Type: off sales

 Variation:

1.  Amend box at Q5(f) to read: The sale of food, non-food items and other household goods, and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.

There is circulated Report No HLB/053/21 by the Clerk.

10.3  Ref:  HC/INBS/46
Applicant:  Co-operative Group Food Ltd
Premises:  Co-operative, Telford Street, Inverness, IV3 5LS
Type: off sales

 Variation:

1.  Recorded background music may be played within and outwith core hours.

2.  Amend box at Q5(f) to read: The sale of food, non-food items and other household goods, and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.

There is circulated Report No HLB/054/21 by the Clerk.

10.4  Ref:  HC/INBS/101
Applicant:  Joanna Marie Riddell
Premises:  The Lodge, Station Road, Dalwhinnie, PH19 1AB
Type: on and off sales

Variation:

1.  Addition to Section 5 of the operating plan to allow outdoor drinking within and out with core licensed hours.

2.  Amendment to layout plan to include within the licensed area wooden decking adjacent to the entrance door and also a gravel area to the south gable end of the premises, both to allow outdoor drinking.

3.  Additional paragraph for description:  "There is an outside decked area at the entrance and a gravelled area at the south gable of the premises which are included in the licensed foot print".

There is circulated Report No HLB/055/21 by the Clerk.

10.5  Ref:  HC/INBS/601
Applicant:  The Malt Bar Rooms Limited
Premises:  The Malt Room 34 Church Street, Inverness, IV1 1RH
Type: on and off sales

Variation:

1.  Incorporated within the operating Plan dedicated whisky tasting room for pre-booked tastings and presentations.

2.  Increase the operating hours of the premises to allow early opening for tutored tasting sessions under supervisions of a personal licence holder to commence at 10.00 hrs

3.  Amend current capacity for patrons to 36 persons.

4.  Amend off sales hours to commence from 10.00 hrs.

5.  Seasonal variations to include festive hours extension.

6.  Incorporate within layout plan dedicated tasting room on the second floor of the premises.

There is circulated Report No HLB/056/21 by the Clerk.

10.6  Ref:  HC/INBS/89
Applicant:  Diageo Scotland Limited
Premises:  Dalwhinnie Distillery, Dalwhinnie, Inverness-shire, PH19 1AB
Type: on and off sales

Variation:

1.  Change in  wording in  Section 5 to permit  restaurant  facilities and bar meals  with   ancillary of  wording. Additional  wording  inserted   under outwith core hours to  read:  Restaurant facilities and Bar Meals:  'Food may be available in external and internal areas prior to commencement of core hours.'

2.  Change in on sale capacity to 450 to permit use by 200 in external area.

3.  Layout plan - increase in external area.

There is circulated Report No HLB/057/21 by the Clerk.

10.7  Ref: HC/CSR/0291
Applicant:  Oykel Bridge Hotel Limited
Premises:  Oykel Bridge Hotel, Rosehall, by Lairg, Sutherland, IV27 4HE
Type: On and off sales

Variation:

1. Remove the seasonal variation to allow the premises to operate all year round.
2.  Add to other activities outdoor drinking facilities.

There is circulated Report No HLB/058/21 by the Clerk.

10.8  Ref: HC/RSL/0437
Applicant:  Bamon Limited
Premises:  Crofter Bar & Restaurant, 7-11 High Street, Fort William, PH33 6DH
Type: On and off sales

 Variation:

1. Add outdoor drinking within operating plan, within and prior to core hours.
2. Include option of providing take-away meals with or without the sale of alcohol.
3. Extend footprint of licensed premises to include external drinking area on Fort William High Street.

There is circulated Report No HLB/059/21 by the Clerk.

10.9  Ref: HC/CSR/1725
Applicant:  The Co-operative Group Food Limited
Premises:  Co-op, Unit 1, Elder Lane, Conon Bridge
Type: On and off sales

Variation:

1. Add the following to other activities provided at the premises: “The sale of food, non-food items and other household goods, and the provision of ancillary consumer services within and outwith licensed hours. Home deliveries may be provided to customers. Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.”

There is circulated Report No HLB/060/21 by the Clerk.

10.10  Ref: HC/CSR/0710
Applicant:  Poolewe Limited
Premises:  Poolewe Hotel, Main Street, Poolewe
Type: On and off sales

Variation:

1. amend the layout plan for the addition of two outdoor drinking areas

There is circulated Report No HLB/061/21 by the Clerk.

11.  The Licensing (Scotland) Act 2005 Section 43
Notice of conviction
Achd Cheadachd (Alba) 2005, Earrann 43
Brath dìtidh

11.1  Licence Holder: Tesco Stores Ltd
Premises: 

• Tesco Extra – 1 A Eastfield Way, Inverness
• Tesco Store – Milton of Inshes, Inverness
• Tesco Superstore – Ness  Side, Dores Rd, Inverness
• Tesco Metro – Aviemore
• Tesco Metro – Tomnahurich Street, Inverness
• Tesco Store – Ullapool
• Tesco Store – Dingwall
• Tesco Metro – Fort William
• Tesco Store – Wick Airport
• Tesco Store – Thurso
• Tesco Superstore - Tain

The Police Scotland have given notice of a relevant conviction by letter of 19 May 2021 which is circulated. Police Scotland have made no recommendation that the licences be varied, suspended or revoked.

12.  Surrender of premises licence
Gèilleadh ceadachd togalaich

12.1  Premises:  Deli Craft, 61 High Street, Fort William
Licence Holder:  Andrea L Woodward

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