Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 14 May 2013 at 12.00 noon (following the Highland Licensing Committee commencing 10.30 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

 

 

Alaisdair H Mackenzie
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: 

 

i. minute of the meeting of the Highland Licensing Board held on 2 April 2013.

 

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-043-13 (22kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2013 to 30 April 2013 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-044-13 (37kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2013 to 20 April 2013 and inviting the Board to note the Report.

 

6. Highland Licensing Board Publication Scheme
Sgeama Foillseachaidh Bòrd Ceadachd na Gàidhealtach

 

There is circulated Report No HLB-045-13 (50kb pdf) by the Clerk recommending the adoption of a Publication Scheme under the Freedom of Information (Scotland) Act 2002. 

 

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/548
Applicant: Speyside Trust, per Annie Thomas, Badaguish Outdoor Centre, Glenmore, Aviemore PH22 1QU
Premises: Sandy’s Bothy, Badaguish Outdoor Centre, Glenmore, Aviemore PH22 1QU
Type: On sales

 

There is circulated Report No HLB-046-13 (19kb pdf) by the Clerk.

 

As of 30 April 2013 no objections or representations have been received.

 

Note: The Applicant has been invited to attend.

 

7.2  Ref: HC/RSL/1664
Applicant: Andreas Adalian
Premises: Hillstone Lodge, 12 Colbost, By Dunvegan, Isle of Skye, IV55 8ZT
Type: On Sales

 

There is circulated Report No HLB-047-13 (22kb pdf) 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/547
Applicant: Co Operative Group Food Limited,  Reg.Office: 1 Angel Square, Manchester, per Tho and J W Barty, 61 High Street, Dunblane FK15 0EH
Premises:  Co Operative Food Store, New site at Monarch’s View, Milton of Leys, IV2 6HF
Type:   Off Sales

 

There is circulated Report No HLB-048-13 (18kb pdf) by the Clerk.

 

Note: The Applicant has been invited to attend.

 

8.2  Ref: HC/CSER/1658
Applicant: Giuseppe De Vita
Premises:  De Vita’s Pizzeria and Café Bar, 97 High Street, Wick
Type:   On-Sales

 

There is circulated Report No HLB-049-13 (18kb pdf) by the Clerk.

 

Note: The Applicant has been invited to attend.

 

8.3  Ref: HC/CSER/1657
Applicant: The Thurso Cinema Limited per Inn Business Scotland, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises:  The Thurso Cinema, Ormlie Industrial Estate, Thurso
Type:   On and Off Sales

 

There is circulated Report No HLB-050-13 (19kb pdf) by the Clerk.

 

Note: The Applicant has been invited to attend.

 

8.4  Ref: HC/CSER/1661
Applicant: The Links House Limited per Macleod & MacCallum, 28 Queensgate, Inverness
Premises:  Links House, Golf Road, Dornoch
Type: On and Off Sales

 

There is circulated Report No HLB-051-13 (64kb pdf) by the Clerk.

 

Note: The Applicant has been invited to attend.

 

8.5  Ref: HC/RSL/1656
Applicant: John Man per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises:  Corran Inn, Onich, Fort William,PH33 6SE
Type: On and Off Sales (Provisional)

 

There is circulated Report No HLB-052-13 (24kb pdf) 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/412
Applicant: The Classroom Nairn Limited, Commerce House, Elgin, per William Lean.
Premises:  The Classroom, 1 Cawdor Street, Nairn IV12 4QD
Type:   On and Off Sales.

 

Variation:

 

1. Application is made to extend as an outdoor dining area until 22.30 during period 15 April until 30 September to accommodate alfresco dining.

2. Also to vary on-sales core hours to terminate at 01.00 Monday-Saturday and on-sales to commence at 12.00 on Sunday. Off sales to commence from 12.00 on Sundays.

3. Seasonal variation to operate extended hours as granted by Highland Licensing Board during Festive Season.

4. Vary Activities - Extend restaurant facilities to operate outwith core hours and also include televised sports within activities.

5. Amend children’s policy to read "Children aged 14 years can access restaurant unaccompanied until 18.00 after which time they will be accompanied by an adult.  Young persons can access the premises unaccompanied until 20.00 after which time require to be accompanied by an adult.  After 22.00 Children and Young Persons must be accompanied by an adult for the purpose of a meal or attending a private function’.  

 

There is circulated Report No HLB-053-13 (23kb pdf) by the Clerk.

 

9.2  Ref: HC/INBS/73
Applicant: Ms Sheena Margaret Fleming, Gun Lodge Hotel, High Street, Ardersier, IV2 7QB per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  Gun Lodge Hotel, High Street, Ardersier IV2 7QB
Type:   On and Off Sales

 

Variation:

 

1. Capacity to be reduced to 134.

2. Description to be amended to read "Set in private grounds with ample parking on the outskirts of Ardersier, the Gun Lodge Hotel is a detached property offering 14 letting bedrooms, cocktail bar, public bar, conservatory and ancillary accommodation”.

3. The following is proposed:

• erection of conservatory
• provision of en-suite facilities in the upstairs bedrooms
• conversion of dining/function room to provide 3 new en suite bedrooms
• new boiler house to be provided.

There is circulated Report No HLB-054-13 (28kb pdf) by the Clerk.

 

9.3  Ref: HC/INBS/188
Applicant: Hush Nightlife Limited, 57 Academy Street, Inverness IV1 1LU per Mr Shane Manning.
Premises:  Hush Nightclub (formerly Rags), 57 Academy Street, Inverness IV1 1LU
Type:   On Sales- Nightclub

 

Variation:

 

1. The proposal is to include adult entertainment as an activity taking place within the premises in full compliance with the stipulated local conditions. 

2. Increase of trading days to include Monday to Wednesday inclusive on sales commencing at 19.00 and terminating at 01.00.

3. Saturday to commence from 17.00 (terminating 03.00 )

4. Insert a statement at seasonal variations within the operating plan to take advantage of periods of extended hours offered by the Highland Licensing Board without the need for individual applications. 

5. The wording of the Children's Policy is altered to exclude Children and Young Persons from events that involve adult entertainment.

6. Substitution of Premises Manager.

 

An objection delivered on 2 May 2013 by email has been received from Gillian Gunn on behalf of Highland Violence Against Women Strategy Group, Assynt House, Beechwood Business Park, Inverness IV2 3BW.

 

The applicant has been invited to attend the meeting.

 

There is circulated Report No HLB-055-13 (67kb pdf) by the Clerk.

 

9.4  Ref: HC/INBS/98
Applicant: Punch Partnership Limited, Jubilee House, Second Avenue, Burton Upon Trent, DE14 2WF per TLT LLP, Solicitors, One Redcliff Street, Bristol BS1 6TP.
Premises:  Tipsy Laird, 68 High Street, Kingussie PH21 1HZ
Type:   On and Off Sales

 

Variation:

 

1. Variation to permitted on sale hours:
Monday to Saturday 11.00 to 01.00
Sunday 12.00 to 24.00

2. Variation to permitted off sales hours:
Sunday 12.00 to 2200 

 

Objections have been received from:

• Donald Thomas Maclagen, 1 Victoria Court, 72 High Street, Kingussie PH21 1HZ, on 23 March 2013; and,
• Hamish and Lesley Cromarty, Achbuie, Breachloch, Culbokie, Ross and Cromarty IV7 8GY on 15 April 2013.

Both objectors have been invited to attend the meeting.

• A letter of representation dated 8 April 2013, has also been received from the Kingussie and Vicinity Community Council, who have also been invited to attend the meeting.

Copies of objections and representations have been forwarded to the applicant.

 

There is circulated Report No HLB-056-13 (1165kb pdf) by the Clerk.

 

9.5  Ref: HC/RSL/0714
Applicant: Hart Hotels Ltd per Kilpatrick and Walker, Ayr, KA71 1EN
Premises:  MacKays Hotel and Spa Lodge, Strathpeffer, IV14 9DL
Type:   On Sales

 

Variation:

 

1. Variation to on sales hours on Sundays to permit opening between the hours of 1430 and 1830 hrs (existing hours are 1230 hrs to 1430 hrs and 1830 hrs to 2300 hrs)

 

There is circulated Report No HLB-057-13 (19kb pdf) by the Clerk.

 

9.6  Ref: HC/RSL/0101
Applicant: Partnership of John Grant and Joanna Munro, The Frigate, Shore Street, Ullapool, IV26 2UJ
Premises: The Frigate, Shore Street, Ullapool
Type:   On Sales

 

Variation:

 

1. Variation to on sales hours Monday to Saturday from 1100 hrs to 0100 hrs the following day and Sunday to 1200 hrs to 2400 hrs (currently 1100 hrs to 2300 hrs Monday to Saturday and Sunday 1200 hrs to 1430 hrs and 1830 hrs to 2300 hrs).
2. Removal of seasonal variation.
3. Amend activities and services to be provided during and outwith core licensed hours to include restaurant facilities, receptions, music, live performances, indoor sports, televised sports, outdoor drinking facilities, charity and fundraising events, quiz nights, wines and spirits tasting, cookery demonstrations, barbecues and special events in connection with cruise ship visits.
4. Amend children and young persons’ terms of entry in line with board policy.
5. Amend description of premises.
6. Alterations to layout plan to include an outdoor drinking area within the rear courtyard.
7. Removal of special condition restricting the sale of alcohol.

 

There is circulated Report No HLB-058-13 (21kb pdf) by the Clerk.

 

9.7  Ref: HC/CSER/1088
Applicant: Royal Dornoch Golf Club, Golf Road, Dornoch
Premises: Royal Dornoch Golf Club, Golf Road, Dornoch
Type – On and Off Sales

 

Variation:

 

1. Variation is sought by the applicants to vary the operating plan, description of premises and layout plan to include the operation of a Halfway House located at the 9th green/10th tee to provide a food and refreshment service to golfers.

 

There is circulated Report No HLB-059-13 (18kb pdf) by the Clerk.

 

9.8  Ref: HC/RSL/1504
Applicant: Crerar Hotel Group Ltd per Shepherd and Wedderburn LLP, 5th Floor, 1 Exchange Crescent, Conference Square, Edinburgh
Premises: Glencoe Hotel, Glencoe, PH49 4HW
Type:   On and Off Sales

 

Variation:

 

Description of Premises
1. Revision of description of premises to include restaurant and restaurant area on first floor of premises.

 

Layout Plan
1. Alteration to ground floor layout plan to include external drinking areas which had previously only been shown on the overall site plan;
2. Alteration to first floor layout plan to include  new restaurant areas (formerly referred to as office accommodation/storage on current layout plan);
3. Revision to site layout plan to accurately demonstrate shape of hotel building.

 

Operating Plan
1. Additional activities within Operating Plan to include gaming;
2. Revision to Operating Plan to include provision of take-away service from first floor restaurant which may take place outwith core hours, but no later than 2300 hours;
3. Revision to Operating Plan in respect of Restaurant and Bar Meal Facilities to reflect additional restaurant areas on first floor;
4. Change of Premises Manager;
5. Increase in capacity from 176 to 413 persons (total building occupancy) to reflect alterations to layout plans to include new restaurant areas on first floor and to specify capacity of whole premises, including bedrooms, which had previously been omitted from operating plan.

 

There is circulated Report No HLB-060-13 (38kb pdf) by the Clerk.

 

10. Licensing (Scotland) Act 2005 Section 38 -  
Applications for Review of Premises Licence
Achd Cheadachd (Alba) 2005, Earrann 38 -
Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

 

10.1  Premises: Karma Lounge, 5-9 Young Street, Inverness IV3 5BL
Licence Holder:  Caledonian Heritable Ltd, 4 Hope Street, Edinburgh EH2 4DB

 

There is circulated Report No HLB-061-13 (110kb pdf) by the Clerk relating to a premises licence review application from Police Scotland.

 

The licence holder and the Chief Constable’s Agent have been invited to attend the meeting.

 

10.2  Premises: Ossians Hotel, High Street, Fort William, PH33 6DH
Licence Holder:  Derek & Janice Wallace

 

There is circulated Report No HLB-062-13 (60kb pdf) by the Clerk relating to a premises licence review application from Police Scotland.

 

The licence holder and the Chief Constable’s Agent have been invited to attend the meeting.

 

11. Licensing (Scotland) Act 2005 Section 84 – Hearing
Personal Licence  HC/INBS/PERS/11/1271    
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta – Brath Dìtidh

 

11.1 Licence Holder:  Chrisanne Rutherford Dunn

 

There is circulated Report No HLB-063-13 (1157kb pdf) by the Clerk.

 

The Licence Holder has been invited to attend.

 

12. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich fo

 

12.1 Premises: Talisker Distillery (Mash House), Carbost, Isle of Skye, IV47 8SR
Licence Holder:  Diageo Scotland Limited

There is circulated Report No HLB-064-13 (14kb pdf) by the Clerk advising that this Temporary Premises Licence has been surrendered.

 

13. The Gambling Act 2005
Review Hearing Section 38
Achd na Cearrachd 2005
Èisteachd Ath-sgrùdaidh Earrainn 38

 

13.1 Premises: Nessies Amusement Centre, 9-21 Castle Street, Inverness
Licence Holder: John Codona’s Holiday Inn Ltd, 36 Beaconsfield Place, Aberdeen AB15 4AA per Meston Reid and Co, Chartered Accountants, 12 Cardon Place, Aberdeen AB10 1UR

 

There is circulated Report No HLB-065-13 (15kb pdf) by the Clerk.

 

The Licence Holder has been invited to attend.

 

14. Proposed Consultation Draft Policy Statement 2013–16
Dreachd Aithris Poileasaidh na Co-chomhairle a Thathar a’ Moladh 2013-16

 

There is circulated Report No HLB-066-13 (1818kb pdf) by the Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.