Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 5 September 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

Iain Meredith

Clerk to the Licensing Board

Business

1. Calling of the Roll and Apologies for Absence

Gairm a’ Chlàir agus Leisgeulan

 

2. Declarations of Interest/Transparency Statement

Foillseachaidhean Com-pàirt/ Aithris Fhollaiseachd

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 1 August 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/094/23 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 20 July 2023 to 23 August 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/095/23 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 20 July 2023 to 23 August 2023 and inviting the Board to note the Report.

6. Chief Constable’s Report 2022 to 2023                                            

Aithisg an Àrd-Chonstabail 2022 gu 2023

There is circulated the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2022/2023.

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/2074

Applicant: Janette MacRae

Premises: Waterside Seafood Restaurant, Railway Buildings, Kyle of Lochalsh, IV40 8AQ

Type: On sales

There is circulated Report No HLB/096/23 by the Clerk. 

7.2  Ref: HC/RSL/2075

Applicant: Trotternish Ltd

Premises: Trotternish B&B, 1B Peinaha, Glenhinnisdal, Portree, Isle of Skye, IV51 9UZ

Type: On sales

There is circulated Report No HLB/097/23 by the Clerk. 

7.3  Ref: HC/CSR/2077

Applicant: Dornoch Distillery Company Limited

Premises: Dornoch Distillery Shop, Unit 3C, Station Square, Dornoch, IV25 3PG

Type: On and off sales

There is circulated Report No HLB/098/23 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/687

Applicant: Melrose Villa Limited, 17 Fowler Terrace, Edinburgh, E11 1DD

Premises:  Melrose Villa, 35 Kenneth Street, Inverness, IV3 3DH

Type: on and off sales

There is circulated Report No HLB/099/23 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/315

Applicant:   

Premises:Corner on the Square, 1 High Street, Beauly, IV4 7BY

Type: on and off sales

Variation:

(1) Amend Sunday on sales to commence from 09.00 hrs.

(2) Amend Sunday off sales to commence from 10.00 hrs.

(3) Add facility for outside drinking area to Section 5 of operating plan.

4. Add additional wording at 5(f0 of operating plan. 'The premises offers takeaway meals and may offer home delivery of alcohol.'

5. Add capacity figure for outside area to Section 7 of the Operating Plan.

6. Amend terms of Children and Young Persons Policy.

7. Remove existing wording for 'outwith core hours' at Section 5. 

There is circulated Report No HLB/100/23 by the Clerk.

9.2  Ref:  HC/INBS/254

Applicant:   Invopco Limited, 267 Clifton Road, Aberdeen, AB24 4HJ

Premises:   Gellions, Bridge Street, Inverness, IV1 1HD

Type: on and off sales

Variation:

1. Amend terminal hour for on sales to 03.00 hrs daily.

2. Amend seasonal wording to add 'and any other time the Board declare.'

3. Q5 - permit dance facility within core hours.

4. Q5 add 'Breakfast service may occur but not before 08.00 hrs and column 4 activities will be ancillary to same.

5. Q5(g) change 85 DB to yes.

6. Q6(d) add permission to watch live music/entertainment until 21.00 hrs.

7.  Description to read: 'Bar/restaurant and late night music bar, located in a primarily commercial area of Inverness City Centre.' 

There is circulated Report No HLB/101/23 by the Clerk.

9.3 Ref:  HC/INBS/260

Applicant:   C J Lang & Son Limited, 78 Longtown Road, Dundee, DD$ 8JU

Premises: Spar, 45 Thornbush Road, Inverness, IV3 8AB 

Type: off sales

Variation:

1. Q5 - To add 'Gaming' as an activity both within and outwith core hours.

2. Q5 - To add wording to read '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 hour.  This is background level only.  National Lottery tickets/cards can be purchased prior to core hours.'

3. Q5(f) - To amend and add wording to read 'The primary activity undertaken in the premises is the general retail sale of the following: Groceries, confectionery, bread & cakes, crisps/snacks, non-foods, toileteries, 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/102/23 (pp 112 - 115) by the Clerk.

9.4  Ref:  HC/INBS/47

Applicant:  Marks and Spencer PLC, Waterside House, 35 North Wharf Road, London W2 1NW 

Premises:   Marks and Spencer, 9 Eastgate, Inverness, IV2 3TL

Type: off sales  

Variation:

1. 5(a) Cafe selling a range of soft drinks, hot drinks, hot and cold snacks will operate within and outwith core hours.  Alcohol sold for consumption in the cafe will be limited to permitted hours.

2. Amending Q6 regarding children's access to the premises, by permitting 0-17  years access to all public area of the premises, whilst it is trading.

3. Amending Q7 by adding the capacity for on sales capacity to be 130 covers.

4. The application is to include the cafe located on the first floor as detailed in plan 1097/123G (attached) with the demise of the licensed area.

5. The existing off-sales display area on the ground floor as detailed in plan 317/A/101/P Rev 101 is not impacted by this application and shall remain within the demise of the licence.

6. The changes will allow the consumption of alcohol on the premises within the existing customer cafe from 11.00-22.00 hrs daily.

7. Change of description to read; "Retail shop selling a range of products including alcohol for consumption on and off the premises. The premise covers three floors and is located in a shopping centre." 

There is circulated Report No HLB/103/23  by the Clerk.

9.5  Ref:  HC/RSL/0123

Applicant:  Staffin Stores Limited 

Premises:   Staffin Stores, Talla Stafainn, Staffin, Isle of Skye, IV51 9JS 

Type: off sales  

Variation:

1. Increase off sales core hours Monday to Saturday to 1000 hours to 2000 hours (currently 1000 hours to 1800 hours).

There is circulated Report No HLB/104/23 (pp 120 - 128) by the Clerk.

9.6  Ref:  HC/CSR/1477

Applicant: Skibo Limited, Skibo Castle, Clashmore, Dornoch, IV25 3RQ

Premises:  Skibo Castle, Lodges & Golf Club House, Clashmore, Dornoch, IV25 3RQ

Type: On and off sales

Variation:

1. Amend description of the premises.

2. Amend and increase licensed footprint on layout plans.

3. Increase on sale hours from 1100 hrs to 0100 hrs each day.

4. Increase off sale hours on Sunday from 1000 hrs to 2200 hrs.

5. Add seasonal variation.

6. Amend to NO where activities are provided outwith core licensed hours for weddings, funerals, birthdays, retirements etc, live performances, dance facilities and theatre.

7. Amend/add to other activities and services.

8. Amend children and young persons policy.

9. Amend on and off sales capacity.

There is circulated Report No HLB/105/23 by the Clerk.

9.7  Ref:  HC/CSR/0154

Applicant:  Andrew R Jones 

Premises:   Culbokie Inn, Culbokie 

Type: On sales  

Variation:

1. amend the layout plan to include an upstairs flat in the licence footprint; 

2. change name of lounge bar on layout plan to restaurant; 

3. amend the description of the premises on the licence; 

4. increase on sales hours on Saturday and Sunday to 1100 hrs to 0100 hrs; 

5. update children and young persons policy; 

6. add music as an activity to be provided.

There is circulated Report No HLB/106/23 by the Clerk.

10. Licensing (Scotland) Act 2005 Section 84 – conduct inconsistent with the licensing objectives 

Achd Cheadachd (Alba) 2005, Earrann 84                     

10.1  Personal Licence Holder: Andrew David Bates

There is circulated Report No HLB/107/23 by the Clerk.

11. Surrender of premises licence

Gèilleadh ceadachd togalaich

11.1  Premises: The Caberfeidh Bar & Restaurant, Main Street, Lochinver, IV27 4JY

Licence Holder: Lochinver Larder Limited 

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