Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 28 March 2023

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, 28 March 2023 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 provide some information on the nature of the interest and leave the meeting at the appropriate time.  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 14 February 2023.
 
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/021/23 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 2 February 2023 to 15 March 2023 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/022/23 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 2 February 2023 to 15 March 2023 and inviting the Board to note the Report. 
 
6. Review proposals – non-payment of annual premises licence fees 
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaichbliadhnail 
                                                                                     
There is circulated Report No HLB/023/23 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.
 
7. Licensing (Scotland) Act 2005
Applications for new premises licences                                
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura 
 
7.1 Ref: HC/INBS/680
Applicant: Robert MacBeth Girvan, Loch Ness Highland Resort, Glendoe Road, Fort Augustus, PH32 4BG
Premises: Papa Gs Restaurant, Loch Ness Highland Resort, Glendoe Road,  Fort Augustus, PH32 4BG per Park Home Consultants, 11 Cuthill Brae, West Calder, West Lothian, EH55 8QE
Type: On and off sales
 
There is circulated Report No HLB/024/23 by the Clerk. 
 
7.2 Ref: HC/INBS/682
Applicant: Partnership of Malcolm and Maggie Allan, Pitfaranne Guest House, 57 Crown Street, Inverness, IV2 3AY
Premises: Pitfaranne Guest House, 57 Crown Street, Inverness, IV2 3AY
Type: On sales
 
There is circulated Report No HLB/025/23 by the Clerk. 
 
7.3 Ref: HC/INBS/683
Applicant: Cairngorm Gin Company Ltd, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, IV1 1HT
Premises: Cairngorm Gin Company Ltd, Unit 9/3, Achnagonalin Industrial Estate, Grantown on Spey, PH26 3TA
Type: On and off sales
 
There is circulated Report No HLB/026/23 by the Clerk. 
 
7.4 Ref: HC/INBS/686
Applicant: Inverness Beer Ltd. Flat 1, Aultnakiach House, Culduthel Road, Inverness, IV2 4BB
Premises: Moonshine, Unit 6, The Victorian Market, Inverness, IV1 1JN
Type: Off sales
 
There is circulated Report No HLB/027/23 by the Clerk. 
 
7.5 Ref: HC/RSL/2046
Applicant: Highland Holidays Limited, 14 City Quay, Dundee, DD1 3JA
Premises: Ben Nevis Holiday Park, Camaghael, Fort William, PH33 7NF
Type: On and off Sales
 
There is circulated Report No HLB/028/23 by the Clerk. 
 
7.6 Ref: HC/CSR/2041
Applicant: MMRC Ltd, 4 South Mound, Houston, Scotland, PA6 7DX
Premises: Norse Bakehouse, Rhitongue, Tongue, IV27 4XW
Type: On and off sales
 
There is circulated Report No HLB/029/23 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/681
Applicant: Tennent Caledonian Breweries Wholesale Limited, Wellpark Brewery, 161 Duke Street, Glasgow, G31 1JD per TLT LLP Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises:  Tennent Caledonian, 10 Seafield Road, Inverness, IV1 1SG
Type: Off sales
 
There is circulated Report No HLB/030/23 by the Clerk.
 
8.2 Ref: HC/INBS/684
Applicant: Beyond Bar Inverness Limited, Windrill, Drumsmittal, North Kessock, IV1 3XF
Premises:  Playback, 27-31 Academy Street, Inverness, IV1 1JN
Type: On and off sales
 
There is circulated Report No HLB/031/23 by the Clerk. 
 
8.3 Ref: HC/INBS/685
Applicant: One One Two on The Brae Ltd, 112 High Street, Nairn, IV12 4DE
Premises:  The Grapemonger, 106 High Street, Nairn, IV12 4DE
Type: On and off sales
 
There is circulated Report No HLB/032/23 by the Clerk. 
 
8.4 Ref: HC/CSR/2045
Applicant: Conon Hotel Ltd, Navity House, Cromarty, Inverness, United Kingdom, IV11 8XY
Premises:  Conon Hotel, High Street, Conon Bridge
Type: On and off Sales
 
There is circulated Report No HLB/033/23 by the Clerk. 
 
8.5 Ref: HC/CSR/2038
Applicant: The Poitin Still Limited, Highland House, 165 The Broadway, Wimbledon, London, England, SW19 1NE
Premises: Poitin Still, 6 Janet Street, Thurso
Type: On and off Sales
 
There is circulated Report No HLB/034/23 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/532
Applicant: Beauly Holiday Park Ltd, Robertson House, Shore Street, Inverness, IV1 1NF 
Premises: Captain Faffs Bar, Beauly Holiday Park, Lovat Bridge, Beauly, IV4 7AY
Type: On and off sales 
 
Variation:
1.  Live music performances by small bands or solo performances.
2.  Permit persons under 18 years old to stay in Captain Flaffs bar until 23.00 hours.
3.  Permit the sale of alcohol from the reception by way of off sales.
4.  The whole area of Beauly Holiday Park to be included in the licensing footprint so it can be utilised by various outdoor events served by a pop up bar. Audiences will be residents of the Park as well as a small number of public tickets.  Music events will be capped at 250 persons.
5.  Overall resident occupancy to be included in the operating plan as well as of sales capacity.
6.  Entire area of Beauly Holiday Park to be licensed.  Pop up bar may be positioned within this area on an event basis.
7.  A small selection of alcohol is offered by way of off sales run from the reception area of the bar.
8.  Increase in capacity from 30 to 340.
9.  Change of childrens policy to read:  Terms: 'children and young persons, provided they are accompanied by an adult can be allowed at all licensed area of  Beauly Holiday Park during opening hours'.
Ages: 'All ages of children and young persons to be accompanied by parents/guardian'.
Times: 'All ages of children and young persons accompanied by parent/guardian during licensed hours'.
Parts: 'All area in public events'. 
 
There is circulated Report No HLB/035/23 by the Clerk.
 
9.2 Ref: HC/INBS/291
Applicant: Marion Anderson
Premises: Glenalbyn Bar, 2-4 Young Street, Inverness, IV3 5BL
Type: On and off sales
 
Variation
 
1. Q5(a) - Permit conference facilities during and outwith core hours.
2. Q5(b) - Permit receptions and club or other group meetings outwith core hours.
3. Q5(c) - Permit gaming, indoor/outdoor sport and televised sport outwith core hours.
4. Q5(d) - Permit the premises to open from 08.00 hours daily for coffee, tea and other non-alcoholic drinks.
5. Q7 - Add external capacity of 32 persons.
6. Change the layout plan in accordance with the drawing which accompanies the application dated November 2022.  The only proposed change to the layout is the formation of an increased external drinking area to the front of the premises to cater for a maximum of 32 customers.
7.Change of premises description to read: "The premises consists of one main room including a small office, male and female toilets,underground cellar, storage space and an external customer drinking area to the front of the grounds."
 
There is circulated Report No HLB/036/23 by the Clerk.
 
9.3 Ref: HC/RSL/0151
Applicant: Claire Winskill 
Premises: Coruisk House, Elgol, Isle of Skye, IV49 9BL
Type: On and off sales
 
Variation:
 
1. To extend the permitted areas within the buildings of Coruisk House and The Steading and Tigh an Nead for the consumption of alcohol (as hatched red on the plans); 
2. To add an outside drinking area to Coruisk House and The Steading (as hatched red on the plans); 
3. To add off sales hours (1200 hours to 2200 hours each day) on a permanent basis (including online sales) from stock (following the minor variation to that effect granted July 2020);
4. To remove the specific condition requiring a meal to accompany all on sales;
5. To allow music (not amplified and not to exceed 85 decibels);
6. To include bar meals;
7. To amend the description of the property in the Operating Plan to incorporate new adjoining guest accommodation, namely The Steading, and the cottage Tigh an Nead; 
8. Re seasonal variations, to amend to permit the premises to take advantage of any Highland Board festive hours policy.
 
There is circulated Report No HLB/037/23 by the Clerk.
 
9.4 Ref: HC/CSR/1697
Applicant: Kirkaig Foods Ltd, Flat 4 17 Belgrave Place, London, SW1X 8BS
Premises: Peet’s Restaurant, Culag Square, Lochinver, IV27 4LE
Type: On and off sales
 
Variation:
1. Add off sales
2. Amend description of premises
3. Amend on sales hours
4. Addition of seasonal variation
5. Amend children and young persons policy
6. Change to licence holder’s address
7. Increase on sales capacity to include outdoor area
8. Add to other activities off sales internet and telephone sales and takeaway with delivery option
 
There is circulated Report No HLB/038/23 by the Clerk.
 
9.5 Ref: HC/CSR/1697
Applicant: Kirkaig Foods Ltd, Flat 4 17 Belgrave Place, London, SW1X 8BS
Premises: The Fishertown Inn, Church Street, Cromarty
Type: On and off sales
 
Variation:
1. amend the opening hours on Sunday to commence at 1100 hrs for on and off sales and terminate at 0100 hrs for on sales; 
2. amend the layout plan to update the outdoor drinking area; 
3. remove the provision of accommodation; 
4. update the description on the premises licence; 
5. add club meetings and films to activities provided during core hours; 
6. add music and outdoor drinking to activities provide outwith core hours;
7. add takeaway meals to other services provided; 
8. update the children and young persons policy; 
9. add seasonal variation; 
10. add outdoor on sales capacity; 
11. remove off sales capacity – off sales to be taken from stock.
 
There is circulated Report No HLB/039/23 by the Clerk.
 
10. Licensing (Scotland) Act 2005 Section 38
Application for review of premises licence                                 
Achd Cheadachd (Alba) 2005, Earrann 38
Iarrtasan airson èisteachd ath-bhreithneachail air ceadachd togalaich
 
10.1  Licence holder: Alhama UBB Limited, 79 High Street, Nairn, Scotland, IV12 4BW
Premises: Uncle Bob’s Bar, 1 High Street, Nairn 
 
There is circulated Report No HLB/040/23  by the Clerk together with an application by Environmental Health for a premises licence review.
 
11. Surrender of premises licence
Gèilleadh ceadachd togalaich
 
11.1 Premises: Garve Hotel, Garve  
Licence Holder: Hart Licensees Ltd
 
11.2 Premises: Mackays Hotel and Spa Lodge, Strathpeffer  
Licence Holder: Hart Licensees Ltd  
 
11.3 Premises: The Spa Lodge, Strathpeffer (Provisional Licence)
Licence Holder:Hart Licensees Ltd
 
11.4 Premises:  Morefield Motel, North Road, Ullapool 
Licence Holder: J & R Group Limited
 
11.5  Premises:  Retro, 6 Bridge Street, Wick 
Licence Holder: Yvonne Fitzgerald
 
The above Premises Licences have been surrendered in terms of Section 28(5)(f).