Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 26 October 2021

Agenda: Read the Agenda

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 26 October 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 7 September 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/080/21 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 26 August 2021 to 13 October 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/081/21 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 26 August 2021 to 13 October 2021 and inviting the Board to note the Report.

6.  Chief Constable’s Report 2020 to 2021
Aithisg an Àrd-Chonstabail 2020 gu 2021

There is circulated the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2020/2021.

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

7.1  Ref: HC/RSL/1984
Applicant:
Skye Lodges Ltd
Premises: The Auld Bridge Inn @ Skye Lodges, Peinmore, Portree, Isle of Skye, IV51 9QG
Type: On sales and off sales

There is circulated Report No HLB/082/21 by the Clerk.

7.2  Ref: HC/RSL/1986
Applicant:
Atholl House (Skye) Ltd
Premises: Atholl House, Dunvegan, Isle of Skye, IV55 8WA
Type: On sales

There is circulated Report No HLB/083/21 by the Clerk.

7.3  Ref: HC/CSR/1812
Applicant:
Bottle Exchange Ltd
Premises: Bottle Exchange Ltd, 38 Murkle View, Thurso
Type: Off sales

There is circulated Report No HLB/084/21 by the Clerk.

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

8.1  Ref: HC/INBS/664
Applicant:
Emerald Inns Ltd, 135 Culduthel Road, Inverness, IV2 4EF
Premises:  Jimmy Badgers, 25-27 Church Street, Inverness, IV1 1DY
Type:  On & off sales

There is circulated Report No HLB/085/21 by the Clerk.

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

9.1  Ref:  HC/INBS/252
Applicant
:  Scottish Midland Co-operative Society Limited, 2 Harvest Drive, Newbridge, Edinburgh, EH28 8QJ per Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EY
Premises:  Scotmid/Morning, Noon and Night, Balloch Stores, Culloden Road, Inverness, IV2 7HQ
Type: Off sales

Variation:

1.  Add at Section 5(c) - recorded music Yes Yes Yes.

2.  Add at out of hours 'recorded music may be played outwith core licensing     hours.

3.  Section 5(f) Home delivery of groceries, including alcohol will be available subject to demand.

There is circulated Report No HLB/086/21 by the Clerk.

9.2  Ref:  HC/INBS/109
Applicant
:  Scotmid/Morning, Noon and Night, Balloch Stores, Culloden Road, Inverness, IV2 7HQ per Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EY
Premises:  Scotmid, Unit 1, Glenurquhart Road, Inverness, IV3 5NZ
Type: Off sales

Variation:

1.  Add at Section 5(c) - recorded music Yes Yes Yes.

2.  Add at out of hours 'recorded music may be played outwith core licensing hours'.

3.  Section 5(f) Home delivery of groceries, including alcohol will be available subject to demand.

There is circulated Report No HLB/087/21 by the Clerk.

9.3  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: On & off sales

Variation:

1.  Amend childrens and young persons section to allow them to be present on the premises whilst under the supervision of an accompanying adult.

2.  Under 5(f)  Children and young persons admitted when accompanied by an adult.  A range of activities such as a Easter egg hunts, colouring and provision of refreshment/confectionery may be offered.

There is circulated Report No HLB/088/21 by the Clerk.

9.4  Ref:  HC/INBS/321
Applicant
:  Squirreled Away Ltd, 20-22 Wenlock Road, London, N1 7GU
Premises:  Glenmore Shop & Café & Pine Marten Bar, Glenmore, Aviemore, Ph22 1QU
Type: On & off sales

Variation:

1.  We would like to extend our alcohol licence to cover our whole premises in order to have more tables and increase capacity.

2.  Change of description: 'The Premises comprise a small general merchants shop offering a small range of alcohol for sale by way of off sales. A traditional wet sales bar is also included. In addition. a separate licensed café operates in the same building, offering  alcoholic and non alcoholic beverages to customers.

A substantial licensing footprint exists, covering a number of areas offering outside drinking facilities which are depicted on layout plans lodged with the Highland Licensing Board.

There is circulated Report No HLB/089/21 by the Clerk.

9.5  Ref:  HC/INBS/500
Applicant
:  Sainsbury’s SL Limited, 33 Holborn, London, EC1N 2HT per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Sainsbury’s Supermarket, Balmakeith, Forres Road, Nairn,IV12 5QF
Type: Off sales

Variation:

  • At Q. 5, additional activities added to operating plan to include music and live performances both within and outwith core hours. This is to capture recorded background music which may be played within the store and also very occasional fundraising events for which there may be a live performance element such as carol singers during festive season.
  • At Q.5 (f) additional activities to include fulfilment of remote orders by home delivery or “click and collect”; third party concessions may operate from parts of the premises such as dry cleaners, shoe repair facilities; the premises may also be used occasionally to launch new products, offer sampling/tasting events and host community and charity events in conjunction with third party partners.
  • Amend description of premises to reflect current operation of premises.
  • Amend premises name from Sainsbury’s Supermarket to Sainsbury’s Superstore.

There is circulated Report No HLB/090/21 by the Clerk.

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

Variation:

1. Increase core on-sale opening hours, Monday to Sunday, to commence from 1100 hours (previously 1600 hrs). Existing terminal hour of 2200 hours will remain unchanged.

2. Operating Plan - add additional activity:- Restaurant facilities to be provided during core licensed hours.

3. At 5(f) of Operating Plan,  add the following additional activity : Café Lavender will operate within the dining room, lounge and garden area of the premises and will be open to non-residents during the period 1100 hours to 1800 hours after which, alcohol will solely be served to residential guests only. 

4.Increase capacity by 30 persons to reflect covers in the cafe.

5. Update description of premises to reflect café operation.

There is circulated Report No HLB/091/21 by the Clerk.

9.7  Ref:  HC/INBS/657
Applicant
: Caledonian Events Ltd
Premises:  The Walrus & Corkscrew, 105-107 Church Street, Inverness
Type: On and Off-Sales

Variation:

1.       Extend licensed footprint of premises to include outdoor drinking area on Church Lane.

2.      Add seasonal variation to permit alcoholic and non-alcoholic drinks to be consumed in outdoor drinking area up until 2300 hours, 15 May to 31 August each year. (Currently licensed until 2200 hours).

3.      Increase capacity of premises by 30 persons to reflect additional outdoor seating areas.

4.      Update description of premises to reflect outdoor seating areas.

There is circulated Report No HLB/092/21 by the Clerk.

10.  Licensing (Scotland) Act 2005 Section 38
Application for review of premises licence 

10.1  Licence holder: Robert Sutherland
Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick, KW1 4JX

There is circulated Report No HLB/093/21 by the Clerk together with an application by the Licensing Standards Officer for a premises licence review application.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1  Premises:  The Steading, 4 Balnapolaig, Dornoch, IV25 3HA
Licence Holder:  Balnapolaig Management Limited

11.2  Premises:  Cobbs at Nevisport, Airds Crossing, Fort William, PH33 6EU
Licence Holder: Loch Ness Coffee Company Limited

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