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, 24 October 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 5 September 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/108/23 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 24 August 2023 to 11 October 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/109/23 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 24 August 2023 to 11 October 2023 and inviting the Board to note the Report. 

6. Highland Licensing Board Policy Statement 2023-2028            
Aithris Phoileasaidh Bòrd Ceadachd na Gàidhealtachd 2018-2023

There is circulated Report No HLB/110/23 by the Clerk. 

The Board is invited to agree the terms of its policy statement 2023-2028 after hearing from any respondents to the consultation who are present.

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/692
Applicant: Joanna Marie Riddell, Blaeberry House,11 Ardross Street, Inverness, IV3 5NS
Premises: Blaeberry House, 11 Ardross Street, Inverness, IV3 5NS
Type: on sales
There is circulated Report No HLB/111/23 by the Clerk. 

7.2  Ref: HC/CSR/2082
Applicant: Alexandra Thomson, Aiden B&B, 5 Balvoolich, Durness, Lairg, IV27 4PW
Premises: Aiden B&B, 5 Balvoolich, Durness, Lairg, IV27 4PW
Type: On sales
There is circulated Report No HLB/112/23 by the Clerk. 

7.3  Ref: HC/CSR/2084
Applicant: Acarsaid B&B
Premises: Acarsaid B&B, Lybster Mains, Lybster
Type: On and Off Sales
There is circulated Report No HLB/113/23 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/RSL/2081
Applicant: MC Well Services Ltd per Gilson Gray LLP
Premises: Hazelbank, 5 Upper Colbost, Dunvegan, Isle of Skye, IV5 8ZT
Type: On and off sales
There is circulated Report No HLB/114/23 by the Clerk. 

The Board is invited to agree the terms of its policy statement 2023-2028 after hearing from any respondents to the consultation who are present.

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/276
Applicant: Earnpark Ltd, Knockbain, Kirkhill, Inverness, IV5 7PL
Premises: Hootananny, 67 Church Street, Inverness, IV1 1DR
Type: on and off sales     

Variation:
1. Extend terminal hours on Wednesday, Thursday, Friday and Saturday until 03.00 hrs.
There is circulated Report No HLB/115/23 by the Clerk.

9.2  Ref:  HC/INBS/477
Applicant: Cnoc Hotel Ltd, 12 Bexley Lane, Bexley, DA5 2BN  
Premises: Cnoc Hotel, Struy, Inverness-shire, IV4 7JU
Type: on and off sales

Variation:
1. Amend capacity of bedrooms Section 7 to 20 persons.
2. Amend on sales to commence at 11.00 hrs and terminate at 01.00 hrs Monday to Sunday.
3. Amend off sales to commence at 10.00 hrs Monday to Sunday.
4. Add in takeaway meals at Section 5(e).
5. Amend description to read: 'eight letting bedrooms'. 
There is circulated Report No HLB/116/23 by the Clerk.

9.3  Ref:  HC/INBS/395
Applicant: Ness Castle Lodges Ltd, Oldtown of Leys Farm, Culduthel, Inverness, IV2 6AE per Harper MacLeod LLP, 45 Gordon Street, Glasgow, G1 3PE 
Premises: Ness Castle Lodges, Dores Road, Inverness, IV2 6DH
Type: on and off sales

Variation:
1. Vary Q7 capacity to read as follows: Standard on sales - 63
Capacity breakdown: Ness Castle Lodge sleeps 12; Beula Lodge sleeps 7; The Bothy sleeps 30; Ghillies sleeps 6; Weir Cottage sleeps 4 and Red Squirrel sleeps 4.
Additional marquee function capacity of 150 persons.
2. Amend description of premises to read as follows: 'Development comprises six properties being Ness River Lodge, Benula Lodge, The Bothy, Ghillies Lodges, Red Squirrel Lodge and Weir Cottage in extensive private grounds on the shores of the River Ness, approximately five miles from Inverness City Centre.
The operators will offer an alcohol service for the six lodges to provide wines and liquors to guests.
On occasions, a marquee may be erected in the grounds to accommodate wedding receptions, together with additional temporary sanitary facilities.'
3. Include three additional lodges (Ghillies, Weir and Red Squirrel) into the licensed area.
4. Amend on sales on Saturdays to terminate at 01.00 hrs.
5. Amend on sales on Sundays to commence at 1100 hrs and terminate at 0100 hrs. 
There is circulated Report No HLB/117/23 by the Clerk.

9.4  Ref:  HC/INBS/219
Applicant: Scottish Sports Council Trust Company Ltd, Caledonian House, South Gyle, Edinburgh, EH12 9DQ
Premises: Glenmore Lodge, Aviemore, PH22 1QU
Type: On sales

Variation:
1. Sunday on sales to commence from 11.00 hrs.
2. Terminal on sales hour to be 01.00 hrs Monday-Sunday.
3. Add off sales to operating plan.
4. Section 5 of operating plan add - receptions, dance facilities within core hours.
5. Add takeaway meals at section 5(f) operating plan.
6. Revised description to read: 'Glenmore Lodge comprises of a physical building containing Lochain Bar, Dining room for 72 covers, 31 guest bedrooms and 4 detached chalet buildings.
The entirety of the grounds of Glenmore Lodge are included in the licensed footprint, temporary bars and marquees able to be set up to facilitate catering for booked functions for guests.' 
There is circulated Report No HLB/118/23 by the Clerk.

9.5  Ref:  HC/CSR/0706
Applicant: Diageo Scotland Limited per Morton Fraser LLP, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises: The Singleton of Glen Ord Distillery Visitor Centre, Muir of Ord
Type: On and Off sales     

Variation:
1. amend wording on the premises licence relating to the explanation for activities provided outwith core hours to include “Outdoor Drinking Facilities: The premises may provide non-alcoholic beverages prior to core hours”; and in the details for other activities to be provided include “Both internal and external areas may be used for market purposes where third parties exhibit and sell food, drink and other products."
There is circulated Report No HLB/119/23 by the Clerk.
 
9.6  Ref:  HC/CSR/1483
Applicant: Invergordon Social Club Ltd per Stronachs LLP, 28 Albyn Place, Aberdeen, AB10 1YL
Premises: Invergordon Social and Recreational Club, Castle Road, Invergordon
Type: On sales     

Variation:
1. open the building to the public and combine the premises licences that cover the Club and the Hall; 
2. amend the layout plan to take account of this and amend the premises description on the licence; 
3. increase the on sales hours to 1100 hrs to 0100 hrs daily; 
4. increase the off sales hours to 1000 hrs to 2200 hrs daily; 
5. add seasonal variation to take advantage of the Board's festive and other public holiday policy; 
6. add theatre and outdoor drinking to activities/services provided during and outwith core hours and remove conference facilities and live performance from being provided outwith core hours; 
7. amend the children and young persons policy;
There is circulated Report No HLB/120/23 by the Clerk.

9.7  Ref:  HC/CSR/1003
Applicant: Peter L Harrison
Premises: Pool House, Poolewe, Achnasheen
Type: On sales     

Variation:
1. amend the premises licence to allow non-residents on the premises for on and off sales and meals; 
2. update description on premises licence to take account of this; 
3. amend on sales hours on Sunday to 1200 hrs to 2300 hrs; 
4. add off sales with hours of Monday to Saturday 1100 hrs to 2200 hrs and Sunday 1200 hrs to 2200 hrs; 
5. to activities/entertainment provided add bar meals and outdoor drinking during core hours and accommodation during and outwith core hours; 
6. update licence with explanation for activities held outwith core hours and details of other activities provided; 
7. amend layout plan to show outdoor drinking areas; 
8. children and young persons to be permitted on premises and policy detailed; 
9. increase on sales capacity.
There is circulated Report No HLB/121/23 by the Clerk.

10. Surrender of premises licence
Gèilleadh ceadachd togalaich
    
10.1  Premises: The Steadings at the Grouse & Trout, Flichity, By Farr, Inverness, IV2 6XD
Licence Holder: Robert W Close

10.2  Premises: Fairburn Activity Centre, Marybank, Ross-shire IV6 7UT
Licence Holder: Fairburn Activity Centre Ltd.

10.3  Premises: The Silverfjord, Ruthven Road, Kingussie PH21 1ES
Licence Holder: Silverfjord Kingussie Ltd

10.4  Premises: Drumchork Lodge Hotel, Aultbea, IV22 2HU
Licence Holder: Loch Ewe Spirits Limited

10.5  Premises: Oscars Pub, Strathpeffer Road, Dingwall, IV15 9QF
Licence Holder: Martin D Keyes

10.6 Premises: Ormlie Lodge Club, The Cottage, Brownhill Road, Thurso, KW14 7NL
Licence Holder: Ormlie Lodge Club

10.7 Premises: Grantown East Highland Heritage and Cultural Centre, East Railway Station, Grantown on Spey PH26 3AD
Licence Holder: Grantown East Ltd.

10.8 Premises: Cairngorm Gliding Club, Blackmill Airstrip, Feshie Bridge Inverness-Shire PH21 1NG    
Licence Holder: Cairngorm Gliding Club

10.9 Premises: Crofters Restaurant, Main Street, Lairg, IV27 4DB
Licence Holder: Lairg Caravan Park Limited

10.10 Premises: Cote Du Nord, c/o The Schoolhouse, Kirtomy, Bettyhill, KW14 7TB

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

11. Festive Period Dates 2023/24

Members are invited to note that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2023/24 have been granted under delegated powers as follows:

Description of premises: Late night opening premises (as defined in section 2.3 of the Board’s Policy Statement 2018-23) 
Terminal Hour: 0400 hrs
Period which may be applied for: From Friday 8 December 2023 (allowing extensions to licensed hours commencing Thursday 7 December into Friday 8 December)
To Tuesday 2 January 2024 (allowing extensions to licensed hours commencing on Monday 1 January into Tuesday 2 January only).

Description of premises: Other Premises 
Terminal Hour: 0200 hrs
Period which may be applied for: From Friday 8 December 2023 (allowing extensions to licensed hours commencing Thursday 7 December into Friday 8 December)
To Tuesday 2 January 2024 (allowing extensions to licensed hours commencing on Monday 1 January into Tuesday 2 January only).

A supplementary policy statement was adopted by the Highland Licensing Board on 18 January 2019 in relation to extended hours during the festive period.  This supersedes the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023.  Premises will generally be granted the above extended hours on the following days within the festive period:
Thursdays, Fridays, Saturdays and Christmas Eve, Christmas Day, Boxing Day, Hogmanay and New Year’s Day (irrespective of which days of the week these fall on).