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 7 May 2024 at 10.00am.

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. 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 26 March 2024.

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/35/24 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 14 March to 24 April 2024 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/36/24 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 14 March 2024 and 24 April 2024 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/37/24 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 26 March 2024.

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/701
Applicant: The Original Bowling Company Ltd, Focus 31 West Wing, Cleveland Road Hemel Hempstead Industrial Estate, Hemel Hempstead, Hertfordshire, HP2 7BW
Premises: Hollywood Bowl, Ground Floor, Unit 2, Eastfield Way, Inverness, IV2 7GD
Type: on sales

There is circulated Report No HLB/38/24 by the Clerk. 

7.2  Ref: HC/CSR/2113
Applicant: Toulvaddie Distillery Ltd
Premises: Toulvaddie Distillery Ltd, Fearn Aerodrome, Fearn
Type: On and off sales

There is circulated Report No HLB/39/24 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/179
Applicant: National Trust for Scotland Enterprises Ltd, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF  
Premises: Culloden Battlefield Visitor Centre, Culloden Moor, Inverness, IV2 5SD  
Type: on and off sales

Variation:
1. Q2 - amend licensed hours to 10.00 to 24.00 hrs Monday to Sunday.
2. Q5 - add bar meals and gaming as an activity during and outwith core hours.
3. Q5 - amend additional wording as follows: Activities listed above may take place prior to core hours (not normally before 08.00 hrs) but no alcohol will be sold outwith core hours unless an extended hours licence is in place.  Activities will not continue after core hours unless an extended hours licence is in place.
4. Q5(f) - amend wording as follows: The premises will operate as a visitor attraction and private hire event space with catering provision.  Weddings, receptions and other celebrations may take place.  Private, corporate, community and charity events may include fundraising (raffles, auctions and the like).  Tastings and samplings, demonstrations and events such as exhibitions may occur from time to time.  Special events including product launches, shopping evenings, teaching, Scottish Country dancing, ceilidh dancing, etc.  Ceremonies, meetings, conferences and presentations may take place from time to time.  There may be shows, concerts and plays.  General retail may occur.

There is circulated Report No HLB/40/24 by the Clerk.

8.2  Ref:  HC/INBS/302
Applicant: Nairn Golf Club, Seabank Road, Nairn, IV12 4HB
Premises: Nairn Golf Club, Seabank Road, Nairn, IV12 4HB
Type: on and off sales

Variation:
1. Core hours are to commence Monday-Sunday at 1000 hrs. 

There is circulated Report No HLB/41/24 by the Clerk.

8.3  Ref:  HC/INBS/290
Applicant: Newtonmore Golf Club, Golf Course Road, Newtonmore, PH20 1AT  
Premises:  Newtonmore Golf Club, Golf Course Road, Newtonmore, PH20 1AT
Type: off sales     

Variation:
1. Amend premises licence.
2. Operate as fully licensed premises.
3. Add details of premises manager. 

There is circulated Report No HLB/42/24 by the Clerk.

8.4  Ref:  HC/INBS/135
Applicant: Amity Hospitality (Grantown-on-Spey) Limited, 28 Wayfarers Drive, Dalgety Bay, Dunfermline, KY11 9GE
Premises: The Garth Hotel, 21 Castle Road, Grantown-on-Spey, PH26 3HN
Type: on and off sales     

Variation:
1. Q2 the core licensing hours for consumption on the premises will be amended to 11.00 hrs to 01.00 hrs each day of the week.
2. Q3 of the operating plan the core hours for the sale of alcohol for consumption off the premises will be amended to 11.00 hrs to 22.00 hrs each day of the week.
3. Q5(c) of the operating plan the answers to Music will be amended to Yes, Yes, Yes.
4. The answer to live performances, dance facilities and gaming will be amended to Yes, Yes, No.
5. The answer to televised sport will be amended to Yes, Yes, Yes.
6. In the expansion box after Q5(e) there shall be added the sentence "The activities to which the answer 'Yes' has been given in column 4 above may be available prior to the commencement of the core licensed hours".
7. Q6(b) the current wording is deleted and there is substituted, therefore, "Children and young persons who are resident in the premises shall be entitled to access the premises at all times.  Non-residents children shall be entitled to access the premises provided they are accompanied by a responsible adult over the age of 18 years for the purpose of the consumption of a meal or light refreshments. Young persons may, at management discretion, be entitled to access the premises unaccompanied".
8. In Q6(d) the current wording is deleted and there is substituted, therefore, "Children and young persons who are not resident in the premises will require to have vacated the premises by the end of the core licensing hours.   
Children and young persons who are resident in the premises shall be permitted access at any time".
9. In Q6(e) the current wording is deleted and there is substituted, therefore, "Non-resident children and young persons shall have access to all public areas but not to the accommodation parts of the premises.
Children and young persons who are resident in the premises shall be entitled to access all parts of the premises".

There is circulated Report No HLB/43/24 by the Clerk.

8.5  Ref:  HC/INBS/133
Applicant: Angelika Cawdor, Cawdor Castle, Nairn, IV12 5RD
Premises: Cawdor Castle, Cawdor, Nairn, IV12 5RD
Type: on and off sales

Variation:
(1) Our operating model will continue to be based around our core business hours of 10.00 to 17.00 hrs Monday to Sunday.  We would like to amend licensed hours to 10.00 to 22.00 hrs Monday to Sunday for both on and off sales to accommodate occasional use outwith regular business activity.
(2) Addition of display area for off sales in Highland Shop, increased display area for off sales in Gift Shop, addition of garden area for restaurant/special events (drinks receptions, etc.).
(3) A 5* Visit Scotland visitor attraction with occasional special events with catering provision.  Cawdor Castle sells alcohol for consumption in its restaurant, snack bar, and a selection of whisky and gin in its gift shops. 
There is circulated Report No HLB/44/24 by the Clerk.

8.6  Ref:  HC/INBS/89
Applicant: Diageo Scotland Limited, 11 Lochside Place, Edinburgh, EH12 9HA 
Premises: Dalwhinnie Distillery Visitor Centre and Shop, Dalwhinnie, Inverness-shire, PH19 1AA
Type: on and off sales 

Variation:
(1) Inclusion of Indoor/Outdoor sports and Televised Sport as permitted activities during core hours.
(2) Reference to Ceilidhs in wording in relation to permitted activities.
(3) Change in wording in 5(f) to refer to training retail facilities, markets, light food offerings, craft demonstrations and workshops, functions, dinners, meetings, office activities and use of external areas for activities including displays/demonstrations and music.
(4) Change in on sale capacity to 550 by increasing external capacity to 300.
(5) Change in off sale capacity to 46.11m2.
(6) Changes to alcohol display areas.
(7) Reconfiguration of counter area in Visitor Centre building.
(8) Inclusion of new external area in courtyard.
(9) Change to description: 'Dalwhinnie Distillery is located to the west of the A9 Perth-Inverness road some 10 miles south of Newtonmore.  The premises consists of a Visitor Centre and shop, being a single storey building with area of warehouse and additional room, two other buildings and an external area. 

There is circulated Report No HLB/45/24 by the Clerk.

8.7  Ref:  HC/INBS/658
Applicant: Two Thirsty Men Ltd, 1 South Street, Grantown-on-Spey, PH26 3EG 
Premises: Two Thirsty Men, 41-45 High Street, Grantown-on-Spey, PH26 3EG  
Type: off sales

Variation:
1. Amend off sales hours to 1000-2200 hrs Monday to Sunday.

There is circulated Report No HLB/46/24 by the Clerk.

8.8  Ref:  HC/RSL/1380
Applicant: Firm of Glenfinnan House Hotel
Premises: Glenfinnan House Hotel, Glenfinnan, PH37 4LT   
Type: On and off-sales

Variation:
1) Operating Hours: 
(a)Update terminal on-sale hour on Sunday to: 1100 to 0000 hrs (previously 1100 to 2345 hrs); 
2) Include a seasonal variation to take advantage of the Highland Licensing Board’s festive policy;
3) Operating Plan: Add the following activities to be utilised outwith core hours: conference facilities; theatre and films; televised sports; indoor/outdoor sports; outdoor drinking facilities. 
4) Any other activities: At 5(f) update to include additional outdoor activities within garden grounds. 
5) Children’s Policy – update to reflect current business model. 
6) Layout Plan:
• Reduce number of guest bedrooms on second floor from 4 to 3.
• Provide updated layout and site plans to replace existing plans.
7) Update description of premises to reflect proposed modifications to Premises Licence.

There is circulated Report No HLB/47/24 by the Clerk.

8.9  Ref:  HC/RSL/1454
Applicant: Partnership of George and Grace Coull
Premises: Fishmarket Restaurant, Station Road, Mallaig, PH41 4PY
Type: On sales

Variation:
1) Operating Hours: 
(a) Increase opening on-sale hour on Sunday to 1100 hrs (previously 1200 hrs)
(b) Reduce terminal on sale hours, Monday to Sunday to 2000 hrs (previously 2300 hrs) 
(c) Add provision of off sales: Monday to Sunday from 1000 hrs to 2000 hrs
2) Operating Plan: 
Add the following activities to take place outwith core licensed hours:-
• Restaurant Facilities
• Music
Remove the following activity from the operating plan:
• Receptions including weddings, funerals, birthdays, retirements etc
3) Capacity: 
• Reduce capacity to 44 persons (previously 64 persons)
• Off-sale purchases to be sourced from stock and there is no off-sale display area.
4) Change name of premises from “Fishmarket Restaurant” to “The Fishmarket”.
5) Remove seasonal variation.
6) Remove specific condition: “The Licence authorises the premises licence holder to sell alcohol in the said premises to persons taking table meals there, for consumption by such a person as ancillary to his or her meal”.
7) Layout Plan:
Replace current layout plan with updated layout plan to reflect new business model.
8) Description of premises:
Update description of premises to reflect proposed modifications to Premises Licence. 

There is circulated Report No HLB/48/24 by the Clerk.

8.10  Ref:  HC/RSL/0811
Applicant: Hebridean Hospitality Ltd
Premises: Hebridean Hotel, 14 Harrapool, Broadford, Isle of Skye, IV49 9AQ
Type: On and off sales

Variation:
1. Increase licensed footprint to include self catering chalet “Blairmore Chalet” and “Blairmore”.
2. Decrease on sales capacity from 102 to 98.
3. Amend premises description.
4. Remove outdoor drinking facilities - Activity 5(d).
5. Remove part wording 5(f) - any other activities - relating to the outdoor drinking facilities. 
6. Change premises name from Hebridean Hotel to Hebridean Inn.
7. Layout plans -
(i) amended layout plan showing variation to Hebridean Inn layout.
(ii) layout plans for Blairmore Chalet and Blairmore.
(iii) plans include new licensed footprint.

There is circulated Report No HLB/49/24 by the Clerk.

8.11  Ref:  HC/RSL/1986
Applicant: Atholl House (Skye) Ltd
Premises: Atholl House, Dunvegan, Isle of Skye, IV55 8WA
Type: On sales

Variation:
1. Layout plan – inclusion of 2 self catering cabins within licensed footprint;
2. Increase on sales capacity from 146 to 150;
3. Amend premises description to reflect changes.

There is circulated Report No HLB/50/24 by the Clerk.

8.12  Ref:  HC/CSR/0600
Applicant: Alliance Property Holdings Limited
Premises: Morrisons Daily, Achtercairn, Gairloch
Type: Off sales

Variation:
1. amend the opening hours on a Sunday to commence at 1000 hrs;
2. add home delivery as an additional service provided.

There is circulated Report No HLB/51/24 by the Clerk.

8.13  Ref:  HC/CSR/1972
Applicant: North Coast Distillers Limited t/a North Point Distillery
Premises: North Point Distillery, Murkle House, Forss Business and Energy Park, Forss, Thurso
Type:  On and off sales

Variation:
1. amend the layout plan for the addition of a new tasting room and additional office space, 
2. amend other activities provided on the premises, 
3. substitute the premises manager.

There is circulated Report No HLB/52/24 by the Clerk.

8.14  Ref:  HC/CSR/1044
Applicant: Ross County Football Club
Premises: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall
Type: On and off sales

Variation:
1. hospitality to be provided at premises so the licence description and list of other activities amended to take account of this; 
2. increase on-sales hours to commence at 1000 hrs daily; 
3. update children and young persons policy.

There is circulated Report No HLB/53/24 by the Clerk.

9. Surrender of premises licence / Gèilleadh ceadachd togalaich

9.1  Premises: The Shieling, Auchtercairn, Gairloch - HC/CSR/0279
Licence Holder: Crerar Gairloch Limited

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