Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 9 August 2022

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, 9 August 2022 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
 
 
Claire McArthur 
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 20 June 2022.
 
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/061/22 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 9 June 2022 to 27 July 2022 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/062/22 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 9 June 2022 to 27 July 2022 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/2014
Applicant: Caledonian Skye (Skye) Ltd, per TLT Solicitors, 41 West Campbell Street, Glasgow, G2 6SE
Premises: Caledonian Café, Wentworth Street, Portree, Isle of Skye, IV51 9EJ
Type: On and off sales
 
There is circulated Report No HLB/063/22 by the Clerk.
 
6.2 Ref: HC/RSL/2015
Applicant: Caledonian Skye (Skye) Ltd, per TLT Solicitors, 41 West Campbell Street, Glasgow, G2 6SE
Premises: Granary Restaurant, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On and off sales
 
There is circulated Report No HLB/064/22 by the Clerk.
 
6.3 Ref: HC/CSR/2012
Applicant: Ardvreck Guest House Partnership
Premises: Ardvreck Guest House, North Road, Morefield Brae, Ullapool
Type: On sales
 
There is circulated Report No HLB/065/22 by the Clerk.
 
6.4 Ref: HC/INBS/670
Applicant: WoodWinters Wines & Whiskies, Unit 4/5 Borrowmeadow Road, Stirling, FK7 7FB
Premises:  WoodWinters Wines & Whiskies, 99 Church Street, Inverness, IV1 1ES
Type: Off sales
 
There is circulated Report No HLB/066/22 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/INBS/671
Applicant: Iceland Foods Limited, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NW
Premises: Food Warehouse, Unit 1 Telford Retail Park, Telford Street, Inverness, IV3 5LU
Type: Off sales
 
There is circulated Report No HLB/067/22 by the Clerk. 
 
7.2 Ref: HC/RSL/2017
Applicant: Tesco Stores Limited per Pinsent Masons LLP, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: Tesco Express (New Store), Unit 1, 2 Airds Crossing, Fort William, PH33 6EU
Type: Off sales
 
There is circulated Report No HLB/068/22 by the Clerk. 
 
7.3 Ref:HC/RSL/2016
Applicant:Isle of Skye Experimental Spirits Ltd, Dean Bank Lodge, Dean Bank Lane, Edinburgh, EH3 5BA
Premises: Broadford Distillery, Ford Road, Broadford, Isle of Skye, IV49 9AB
Type: On sales and off sales
 
There is circulated Report No HLB/069/22 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/378
Applicant: Motor Fuel Limited, Gladstone Place, 36-38 Upper Marlborough Road, St Albans, AL1 3UU per Harper MacLeod LLP, 45 Gordon Street, Glasgow, G1 3PE
Premises: Motor Fuel, Perth Road, Newtonmore, PH20 1AP
Type: Off sales
 
Variation:
 
1.  Vary Q3 - off sales to commence core hours on a Sunday from 12.30 hrs to 10.00 hrs.
 
2.  Vary Q7 - off sales capacity from 8.3M2 to 12.1346M2.
 
3.  Extensive refurbishment of the retail shop, resulting in a change to the off sales capacity.
 
4.  Change of name to Newtonmore Service Station.
 
There is circulated Report No HLB/070/22 by the Clerk.
 
8.2 Ref: HC/RSL/1077
Applicant: C J Lang & Son Ltd, per TLT Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises:Spar, Claggan Road, Fort William, PH33 6QL
Type: Off sales
 
Variation:
1. Operating Plan : Add gaming activity both within and outwith core licensed hours – National Lottery Tickets can be purchased prior to core hours.
2. At Q5(f) – any other activities insert: “The primary activity undertaken in the premises is the general retail sale of groceries and the like  during and outwith core licensed hours.   Charity collection point and charitable events take place. Food to Go. Click & collect. Home Deliveries. Paypoint payment. National Lottery outlet. Sampling & promotional activities.”
 
There is circulated Report No HLB/071/22 by the Clerk.
 
8.3 Ref: HC/RSL/0209
Applicant: C J Lang & Son Ltd, per TLT Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises: Spar, Grange Road, Fort William, PH33 6JF
Type: Off sales
 
Variation:
1. Operating Plan: add Gaming as an activity both within and outwith core licensed hours.
2. Amend Q5(c) to say “The premises may open for general trade prior to the commencement of core hours. Recorded music may be played, such as Spar Radio, prior to the commencement of core hours. This is background level only.  National Lottery tickets/cards can be purchased prior to core hours”.
3. Amend Q5(f) so to include the following activities – “The primary activity undertaken in the premises is the general retail sale of the following: Groceries; confectionery, bread & cakes, crisps/snacks, non-foods, toiletries, frozen & chilled foods, fruit/vegetables/flowers, news & magazines, toys, tobacco & cigarettes, beers/wines/spirits and other alcoholic products, non-alcoholic drinks.  Alcohol stacks may be used within the BWS area.   Charity collection point and charitable events take place. Food to Go. Click & collect. Home Deliveries. Paypoint payment. National Lottery outlet. External automated cash machine. Sampling & promotional activities.”
 
4. Amend Q7 so to decrease the alcohol display capacity from 17.60m2  to 17.30m2
 
5. Layout plan is amended to reflect decrease of alcohol display from 17.60m2 to 17.30m2   
 
There is circulated Report No HLB/072/22 by the Clerk.
 
8.4 Ref: HC/RSL/0655
Applicant: C J Lang & Son Ltd, per TLT Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises:  Spar, The Harbour, Arisaig, PH39 4NH
Type: Off sales
 
Variation:
1. At Q5 - add gaming as an activity during and outwith core hours.
 
2. At Q5 - amend and add the following wording – “The premises may open for general trade prior to the commencement of core hours. Recorded music may be played, such as Spar Radio prior to the commencement of core hours. This is background level only. National Lottery tickets/cards can be purchased prior to core hours.”
 
3. At Q5 (f) - amend and add the following wording – “The primary activity undertaken in the premises is the general retail sale of the following: Groceries; confectionery, bread & cakes, crisps/snacks, non-foods, toiletries, frozen & chilled foods, fruit/vegetables/flowers, news & magazines, toys, tobacco & cigarettes, beers/wines/spirits and other alcoholic products, non-alcoholic drinks. Charity collection point and charitable events take place. Food to Go. Click & collect. Home Deliveries. Paypoint payment. National Lottery outlet. External automated cash machine. Sampling & promotional activities.”
 
There is circulated Report No HLB/073/22 by the Clerk.
 
8.5  Ref: HC/RSL/1835
Applicant: R&B Distillers Limited per Macdonald Licensing, 21a Rutland Square, Edinburgh, EH1 2BB
Premises: Isle of Raasay Distillery (Shop, Visitors Centre and Accommodation), Isle of Raasay, Kyle, IV40 8PB
Type: On and off sales 
 
Variation:
 
1. To reflect changes to the layout of the premises. An additional area is now included within the building, in which is located the Tastings Experience as shown on the amended layout plan;
 
2. The alcohol display area is increased to 40 m2 (currently 14.2 m2);
 
3. To increase the on sales capacity to 200 following the introduction of an increased cafe area and other alterations (currently 85);
 
4. There is a larger outside area, reflecting where customers would sometimes wish to take their drinks, which could include alcohol, to sit out in better weather;
 
5. To update the access for children and young persons to public areas.
 
There is circulated Report No HLB/074/22 by the Clerk.
 
8.6 Ref: HC/RSL/0821 
Applicant: Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Premises: Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Type: On and off sales 
 
Variation:
 
1. Amend premises description;
2. Amend commencement of on sale hour to 1100 hours (currently 1000 hours);
3. Amend children and young persons policy;
4. Addition of on sales capacity of 20 persons;
5. Increase off sales capacity to 2.94m² (currently 2.64m²);
6. Addition of other activities:-
(a) Posting / delivering alcohol for orders received online or by phone for private individuals or trade customers;
(b) Offer sampling in off-sales;
(c) Also provide paid tastings (on-sales);
(d) Both sampling and paid tastings will take place in designated on-sales tasting area.
 
There is circulated Report No HLB/075/22 by the Clerk.
 
9. Application for personal licence
Iarrtas airson ceadachd phearsanta
 
9.1 Applicant: Tom Morrow
 
There is circulated Report No HLB/076/22 by the Clerk.