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, 8 October 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

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 3 September 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/93/24 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 22 August 2024 to 25 September 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/94/24 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 22 August 2024 to 25 September 2024 and inviting the Board to note the Report. 

6. Festive Period Dates 2024/2025

Members are invited to note that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2024/2025 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 2023-2028)
Terminal hour: 04:00 hours
Period which may be applied for: From Friday 6 December 2024 (allowing extensions to licensed hours commencing Thursday 5 December into Friday 6 December)

Description of premises: Other premises
Terminal hour: 02:00 hours
Period which may be applied for: To Friday 3 January 2025 (allowing extensions to licensed hours commencing on Thursday 2  January into Friday 3 January only)

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).

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/704
Applicant: The Highland Council, The Victorian Market, Academy Street, Inverness, IV1 1JN
Premises: The Victorian Market, Academy Street, Inverness, IV1 1JN
Type: on and off sales

There is circulated Report No HLB/95/24 by the Clerk. 

7.2  Ref: HC/INBS/705
Applicant: Nairn Bowling Club, Albert Street, Nairn, IV12 4HP
Premises: Nairn Bowling Club, Albert Street, Nairn, IV12 4HP
Type: On sales

There is circulated Report No HLB/96/24 by the Clerk. 

7.3  Ref: HC/INBS/706
Applicant: Boletus Edulis Ltd, Callyn, Langhaugh Lane, Galashiels
Premises: The Penny Bun, The Bothy, Badaguish, Aviemore, PH22 1AD
Type: On and off sales

There is circulated Report No HLB/97/24 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/703
Applicant: Manickarajah Edmund Ranjith
Premises: Strachans of Nairn, 18 High Street, Nairn, IV12 4AH.
Type: Off sales

There is circulated Report No HLB/98/24 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/103
Applicant: Cabin Highlands Limited
Premises: Boath House, Auldearn, Nairn IV12 5TE
Type: On and off sales

Variation:
1. Q2 - To amend the commencement hour on Sunday to 11am.
2. Q2 - To amend the terminal hour to 1am from Monday to Sunday.
3. Q4 - To add seasonal variations.
4. Q5 - To add bar meals, club/group meetings, dance facilities, theatre, gaming, films and televised sport as activities.
5. Q5 - To add outdoor drinking, bar meals and club/group facilities out with core hours.
6. Q5 - To amend the wording at Q5 to read:
7. “The premises may be open prior to core hours for breakfasts, snacks, coffees etc and for guest to partake in the activities mentioned above at their leisure, but no alcohol will be sold until the commencement of licensed hours.”
8. Q5(f) - To amend the wording at Q5f to read:
9. “Beauty therapy is provided on site. A small garden shop operates within the walled garden. The premises may also offer outdoor training programmes, food training programmes, foraging training, art displays and galleries, creative workshops and activities e.g.painting/writing, corporate events, charity nights, wine tasting, charity dinners/auctions and film nights. The grounds of the premises may be used for wedding receptions, photography and other similar events.”
10. Q6(b) - To amend the terms of C&YP access at 6(b) to read:
11. “There are no restrictions for children staying in the hotel with an adult. Children of non residents must be accompanied by an adult. Non resident young persons can be unaccompanied.”
12. Q6(c)To amend the terms of C&YP access at 6(c.) to read 
13. “0-17 years”
14. Q6(d) - To amend the terms of C&YP access at 6(d) to read 
15. “There are no restrictions for children of residents. Children of non-residents are allowed to remain until 10pm or until the end of a function when accompanied by an adult. Young persons are allowed to remain until 11pm or until the end of a function.”
16. Q6(e) - To amend the terms of C&YP access at 6(e.) to read :
17. “All public areas”
18. Q7 - To amend the capacity to 120 persons.

There is circulated Report No HLB/99/24 by the Clerk.

9.2  Ref: HC/RSL/2103
Applicant: Jonathan Parkin
Premises: Carters Rest Guesthouse, 8/9 Upper Milovaig, Glendale, Isle of Skye, IV55 8WY
Type: On sales

Variation:
1. Amend premises description to include reference to non residents;
2. Increase on sales capacity from 10 to 12;
3. Allow non residents access to the premises for the purposes of on sales as ancillary to a meal;
4. Children and Young Persons Policy - amend wording at 6(c) to “All ages”

There is circulated Report No HLB/100/24 by the Clerk.

10. Gambling Act 2005 Proposed Consultation Draft Policy Statement 2025-2028 / Achd na Cearrachd 2005 Aithris Phoileasaidh Dreachd Cho-chomhairle a Thathar a’ Moladh 2022-2025 

There is circulated Report No HLB/101/24 by the Depute Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in the Appendix as a formal Consultation Draft and to invite statutory consultees and members of the public to submit consultation responses. 

The Board is invited to approve the publication and issue of the proposed  Consultation Draft Policy Statement set out in the Appendix as a formal Consultation Draft and to invite consultation responses.

11. Surrender of premises licence / Gèilleadh ceadachd togalaich

11.1  Premises: Daviot Lodge, Daviot, IV2 5ER HC/INBS/462
Licence Holder: Margaret Macdonald Hutcheson

11.2  Premises: Columba House Hotel, Mange Road, Kingussie, PH21 1JF
Licence Holder: Columba House Hotel Ltd.

11.3  Premises: Highland Liquor Company Ltd, 23 Market Street, Ullapool
Licence Holder: Highand Liquor Company Ltd

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