Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 9 May 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, 9 May 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 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 28 March  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/041/23 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 16 March 2023 to 26 April 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/042/23 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 16 March 2023 to 26 April 2023 and inviting the Board to note the Report. 
 
6. Review hearings – non payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail
 
There is circulated Report No HLB/043/23 by the Clerk inviting the Board to hold premises licence review hearings in respect of each of the premises listed in the report, further to the review proposals made by the Board on 28 March 2023.
 
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/2048
Applicant: The Hungry Gull Ltd
Premises: The Hungry Gull, Staffin Community Hall, Staffin, Isle of Skye, IV51 9JS
Type: On and off sales
 
There is circulated Report No HLB/044/23 by the Clerk. 
 
7.2  Ref: HC/CSR/1989
Applicant: Invercassley Tearooms Ltd
Premises: Invercassley Tearooms Ltd, Invercassley Farm, by Lairg, IV27 4BD
Type: On and off sales
 
There is circulated Report No HLB/045/23 by the Clerk. 
 
7.3  Ref: HC/CSR/2050
Applicant: Jason Wilson and Julia Wilson
Premises: An Cala Café, Lochinver Mission, Culag Park, Lochinver, IV27 4LE
Type: On sales
 
There is circulated Report No HLB/046/23 by the Clerk. 
 
7.4  Ref: HC/CSR/2049
Applicant: Adam Brown and Leonna Smith
Premises: John O’Groats Guest House, John O’Groats
Type: On sales
 
There is circulated Report No HLB/047/23 by the Clerk. 
 
7.5  Ref: HC/CSR/2031
Applicant: Lodge Averon 866
Premises: Lodge Averon 866, Masonic Hall, Dalmore Road, Alness
Type: On sales
 
There is circulated Report No HLB/048/23 by the Clerk. 
 
7.6  Ref: HC/RSL/2053
Applicant: Ravenswood House Ltd
Premises: Ravenswood House, Ravenswood, Corpach, Fort William, PH33 7JJ
Type: On sales
 
There is circulated Report No HLB/049/23 by the Clerk. 
 
7.7  Ref: HC/RSL/2052
Applicant: Duncan and Manja Gibson t/a DMG Catering Glenfinnan
Premises: Glenfinnan Station Dining Car, Glenfinnan Railway Station, Glenfinnan, PH37 4LT
Type: On and off sales
 
There is circulated Report No HLB/050/23 by the Clerk. 
 
7.8 Ref: HC/RSL/2051
Applicant: Karen Dean
Premises: Lochview House, Heathercroft Road, Fort William, PH33 6EZ
Type: On sales
 
There is circulated Report No HLB/051/23 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/399
Applicant:  Rosemount Estates Ltd, 5 Fitzroy Place, Glasgow, G3 7RH 
Premises:   The Imperial, 1 Academy Street, Inverness, IV1 1JN
Type: On and off sales
 
Variation:
1. Extended core hours to 0900 to 1100 hours Monday to Saturday.
2. Section 5(f) of operating plan updated to show full food menu operates  throughout operating hours.
 
There is circulated Report No HLB/052/23 by the Clerk.
 
8.2  Ref:  HC/INBS/512
Applicant: Aldourie Castle Ltd, c/o Saffrey Champness, Edinburgh Quay, 133 Fountainbridge, Edinburgh, EH3 9BH
Premises: Aldourie Castle, Dores, Inverness, IV2 6EL  
Type: On sales
 
Variation:
1. Core on sales to be adjusted to 11.00 hrs to 01.00 hrs, Monday to Sunday.
2. Add off sales, 10.00 hrs to 22.00 hrs Monday to Sunday.
3. Amend premises description 
4. Populate section 5(f) with details of how alcohol will be sold on the estate.
5. Amend capacity section of Operating Plan, to adjust bedrooms in the Castle and add capacity for function suite within the Steading area and off sales display area of the Farm Shop also located within the Steading area.
6. New layout plans submitted showing increased licensing footprint of Aldourie Castle Estate.
7. Specific plans added showing Steading Function Suite/Farm shop area. 
 
There is circulated Report No HLB/053/23 by the Clerk.
 
8.3  Ref:  HC/INBS/165
Applicant: Glen Mhor Ltd, 21 St Thomas Street, Bristol, BS1 6JS per Stronachs LLP, 28 Albyn Place, Aberdeen, AB10 1YL
Premises:Glen Mhor Hotel, 8-15 Ness Bank, Inverness, IV2 4SG
Type: On and off sales
 
Variation:
1. The existing lounge bar and bistro (capacity 55.7) and public bar (capacity 51.7) has been demolished, as have the male toilets (capacity 10.8). A new bar/restaurant (capacity 96) has been built with new toilet facilities (male occupancy 16 and female occupancy 21) as well as a new disabled toilet.  The reception area and lounge area have been opened into an open plan space but the combined capacity remains at 57.  To the rear a new apartment has been built.
2. The dining area has been opened up with a wall removed but capacity has not altered.  A new distillery has been built across two stories with a bar/restaurant area.  The kitchen has reduced in size to make room for new toilets.  There have been alterations to some of the bedrooms and ensuite bathrooms as set out in the layout plan.  There is an outdoor bar which is utilised year round.  As set out on the layout plan, an area to the rear of the building on the ground floor has been demolished.
3. The hotel hosts functions and there may be live performances at such functions, mainly in the function suite.  This will primarily be live music.
4. The dining area has been opened up with a wall removed but capacity has not altered.  A new distillery has been built across two stories with a new bar/restaurant room.  There is an outdoor bar which is utilised year round.  As set out on the layout plan, an area to the rear of the building on the ground floor has been demolished.
5. Change to description to read: 'Hotel with bedrooms, apartments, restaurants, bars, social areas, function facilities and brewery distillery with tap room, comprised within the various buildings.  The premises in its entirety 
 
There is circulated Report No HLB/054/23 by the Clerk.
 
8.4 Ref:  HC/INBS/54
Applicant: Julie Cheng Limited, 9 Royal Crescent, Glasgow, G3 7SP per South Forrest, 8 Ardross Terrace, Inverness, IV3 5NW
Premises: Pepperoni Speciale, 18 Tomnahurich Street, Inverness, IV3 5DD
Type: On and off sales
 
Variation:
1. Local Condition X - this condition if no longer relevant or appropriate for the premises, there are no longer any dartboards or pool tables at the premises.
2. Permitted activities at Q5(a) to include restaurant facilities.
3. Question 5(f) has been amended to include reference to the fact that food       (rather than just bar snacks and breakfast) may be served outwith the core hours.
4. Question 5(f) has been amended to include reference to the fact recorded music may be played outwith core hours.
5. To permit children and young persons from 0-17 to be permitted in all public areas of the restaurant from the hours of 11.00-12.00 hrs when accompanied by an adult and, with the discretion of the Manager to permit children from age 14-17 to be permitted in all public areas of the restaurant from hours of 11.00-20.00 hrs without being accompanied by an adult.
6. The layout plan is being varied to reflect the fact there are 3 mezzanine raised flooring areas at the premises (consistent with the update to the description below) and the fact there are no longer any pool tables at the premises due to the nature of the business now operated from the premises.
7. The areas designated as children area have also been removed due to the nature of the business now operated from the premises and children will now have access to all public areas of the premises.
8. Change of description which should read: ' Hou Hou Mej is a corner plot site situated at 18 Tomnahurich Street, Inverness.  The premises consist of a large restaurant with 3 raised mezzanine floors.  The premises also has a basement, currently used for storage.
 
9. Change of premises name to Hou Hou Mei. 
 
There is circulated Report No HLB/055/23 by the Clerk.
 
8.5  Ref:  HCRSL/0783
Applicant:   C J Lang and Son Limited per TLT Solicitors, 41 West Campbell Street, Glasgow, G2 6SE
Premises:  Balmacara Stores, Reraig, Balmacara, IV40 8DH 
Type: Off sales
 
Variation:
 
1. Q3 – To amend the terminal hour for off sales to 2200 hours Monday-Sunday.
2. Q5 – To add recorded music and gaming as activities within and outwith core hours.
3. 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.
4. Q5f - 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/056/23 by the Clerk.
 
8.6  Ref: HC/CSR/0940
 
Applicant: Angus Mackenzie and Valerie Mackenzie
Premises: The Anchorage, Harbour Road, Scourie, IV27 4TE
Type: On and off sales
 
Variation:
 
1.  Amend description of the premises for the addition of convenience store.
2.  Amend on and off sales hours on Sunday.
3.  Reduce off sales capacity.
4.  Amend layout plan.
5.  Amend other activities and services.
6.  Amend children and young persons policy.
7.  Change of premises manager.
 
There is circulated Report No HLB/057/23 by the Clerk.
  
9. Gambling Act 2005
Achd na Cearrachd 2005
Application for variation of gambling machine permit
 
9.1 Premises:  The King’s Highway, 72-74 Church Street, Inverness, IV1 1
Licence Holder:  JD Wetherspoon (Scot) Ltd, PO Box 616, Watford,   
        
Variation: Increase number of Category C machines from 4 to 5.     
 
There is circulated Report No HLB/058/23 by the Clerk.
 
10. Surrender of premises licence
Gèilleadh ceadachd togalaich
 
10.1 Premises: Pinemarten Cafe, Nevis Range, Fort William, PH33 6SQ
Licence Holder: Nevis Range Development Company Limited
 
The above Premises Licences have been surrendered in terms of Section 28(5)(f).