Agendas, reports and minutes

Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 August 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 11 June 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-077-13 (60kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 29 May to 23 July 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-078-13 (193kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 29 May to 23 July 2013 and inviting the Board to note the Report.

6. Consultation on Regulation of Sexual Entertainment Venues
Co-chomhairle mu Riaghladh Aitreabhan Chur-seachadan Feiseil

There is circulated Report No HLB-079-13 (65kb pdf) inviting the Board to agree a response to this consultation.

7. Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There is circulated Report No HLB-080-13 (50kb pdf) inviting the Board to increase the schedule of application and annual fees.

8. Licensing (Scotland) Act 2005
Applications for New Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1  Ref: HC/INBS/550
Applicant: Partnership of Ernest Kopp and Debra Kopp (Cypress Rose Ltd) Elm Grove, 4 Spey Avenue, Grantown on Spey PH26 3JP
Premises: Aviemore News, Unit 1 Myrtlefield Centre, Grampian Road, Aviemore PH22 1RH
Type: Off Sales

There is circulated Report No Item 8.1 - HLB-081-13 (25kb pdf) by the Clerk.

8.2  Ref: HC/INBS/552
Applicant: Mr Andrew Mackinnon, 16 Ness Bank, Inverness IV2 4SF
Premises: The Alexander Guest House, 16 Ness Bank, Inverness IV2 4SF
Type: On Sales

There is circulated Report No HLB-082-13 (26kb pdf) by the Clerk.

8.3  Ref: HC/RSL/1670
Applicant: David A Marr
Premises: Tighard Guest House, Isle of Canna, PH44 4RS
Type: On Sales

There is circulated Report No HLB-083-13 (32kb pdf) by the Clerk.

9. Licensing (Scotland) Act 2005 
Applications for Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtas airson Ceadachdan Thogalaichean le Cumha

9.1  Ref: HC/INBS/551
Applicant: Murray Retail Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness IV1 1HT, per John Murray
Premises: Spar, Station Road, Ardersier, IV2 7SU
Type: Off Sales

There is circulated Report No HLB-084-13 (12kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

9.2  Ref: HC/INBS/553
Applicant: Macdonald Resorts Ltd, per Halliday Campbell WS, 7 Tweeddale Court, 14 High Street, Edinburgh EH1 1TE
Premises: Macdonald Spey Valley Golf Club, Dalfaber Village, Dalfaber Drive, Aviemore PH22 1PN
Type: On and Off Sales

There is circulated Report No HLB-085-13 (14kb pdf) by the Clerk.

Note: The Applicant has been cited to attend.

9.3  Ref: HC/RSL/1667
Applicant: Nicolas Aburrow, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Red Poppy Restaurant (formerly Maya), Main Street, Strathpeffer, IV14 9DE
Type: On Sales

There is circulated Report No HLB-086-13 (51kb pdf) by the Clerk

9.4  Ref: HC/RSL/1671
Applicant: Adelphi Distillery (1826) Ltd
Premises: Ardnamurchan Distillery, Glenbeg, Ardnamurchan, PH36 4JG
Type: On and Off-Sales

There is circulated Report No HLB-087-13 (22kb pdf) by the Clerk

10. Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

10.1  Ref: HC/INBS/416
Applicant: Carrbridge Hotel Ltd, Main Road, Carrbridge PH23 3AS
Premises: Carrbridge Hotel, Main Road, Carrbridge PH23 3AS
Type: On and Off Sales

Variation:

    Capacity increased to 885
    Add outdoor drinking facilities, prior to commencement of core hours
    The number of bedrooms in the description to be increased to 113 - 12 bedroom extension to be added 

There is circulated Report No Item 10.1 - HLB-088-13 (18kb pdf) by the Clerk.

10.2  Ref: HC/INBS/321
Applicant: Glenmore Outdoor Limited per William Wilson, 15-17 High Street, Kingussie PH21 1HS.
Premises: Glenmore Shop and Café and Pine Marten Bar, Glenmore, Aviemore PH22 1QU
Type: On and Off Sales

Variation:

    To licence the forecourt area of the premises as shown on the new layout plan (approx.119 sq.mtrs)

There is circulated Report No HLB-089-13 (19kb pdf) by the Clerk.

10.3  Ref: HC/INBS/014
Applicant: Andrew Stevenson McLauchlan, Westerlea Hotel, Inverness Road, Nairn IV12 4SD
Premises: Westerlea Hotel, Inverness Road, Nairn IV12 4SD
Type: On and Off Sales

Variation:

    Variation to core hours: Friday and Saturday 11.00 to 01.00 (on sales). Currently 11.00 to 00.30.
    On and Off sales to commence from 12.00 noon on Sundays. Currently 12.30.
    Seasonal Variation: permit premises to operate any periods of extended hours in line with Highland Licensing Board policy
    Activities to include restaurant facilities, live performances and televised sport and gaming.
    Children and Young Persons who are non-resident to be allowed on the premises until 21.30. For private functions with management agreement, Children and Young Persons may be allowed for the duration of the function.

There is circulated Report No HLB-090-13 (20kb pdf) by the Clerk.

10.4  Ref: HC/INBS/232
Applicant: David Woolsey, Cairngorm Cottage, Deshar Road, Boat of Garten PH24 3N
Premises: Boat of Garten Post Office, Deshar Road, Boat of Garten PH25 3BN
Type: Off Sales

Variation:

    Addition of Sunday opening: 10.00 to 19.00.
    Addition of Seasonal Variations: May close earlier dependent upon demand.

There is circulated Report No HLB-091-14 (17kb pdf) by the Clerk.

10.5  Ref: HC//INBS/305
Applicant: Nairn Sailing Club, The Clubhouse,  Harbour Street, Nairn IV12 4PH per Yvonne Forgan
Premises: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn IV12 4PH
Type: On Sales.

Variation:

    Change to core licensing hours:
    Saturdays 12.00 to 23.30 (currently 20.00 – 23.30)
    Sundays 12.00 to 22.00 (currently closed)
    Addition of Seasonal Variations:
    Hogmanay Party (31 December); Burns Supper (25 January), Halloween Celebrations (31 October) to 17.00 to 24.00 hrs.

There is circulated Report No HLB-092-13 (18kb pdf) by the Clerk.

10.6  Ref: HC/RSL/1322
Applicant: Co-operative Group Food Ltd per BMK Wilson
Premises: Co-operative Group Food Ltd, Bridge Road, Kyle of Lochalsh, IV40 8BU
Type: Off Sales

Variation:

    Amendment to layout plan
    Increase the capacity of Off Sales from 34.00 m2 to 38.35 m2

There is circulated Report No HLB-093-13 (17kb pdf) by the Clerk.

10.7  Ref: HC/RSL/1281
Applicant: The Edinburgh Woollen Mill Limited per MacDonald Licensing
Premises: Portree Knitwear, 11 Wentworth Street, Portree, IV51 9EJ
Type: Off Sales

Variation:

    Increase opening hour on Sunday from 1230 hrs to 1000 hrs during the period from Good Friday to 31 October in each year
    Increase the capacity of Off Sales from 2.05 m2 to 4.1 m2
    Amendment to the layout plan

There is circulated Report No HLB-094-13 (18kb pdf) by the Clerk.

10.8  Ref: HC/CSER/1168
Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Newmarket Bar, Traill Street, Thurso, KW14 8EG
Type: On Sales

Variation:

    The applicant seeks to amend the description of the premises to reflect the new operating practice.
    Amend operating hours and include off-sales -
    On-Sale hours to be Mondays to Saturdays 1100 hrs to 0100 hrs the following day and Sundays 1200 hrs to 2400 hrs.
    Off-sales hours to be 1100 hrs to 2200 hrs Mondays to Saturdays and 1200 hrs to 2200 hrs on Sundays.
    Amend the operating plan to delete dance facilities.  Add gaming, receptions, club or other group meetings, music and televised sports to the list of activities and services and specify that those activities and services may take place during and outwith core hours.
    Add seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board.
    Remove existing entry at Q5(f) and substitute a reference to the provision of food by outside caterers.
    Amend Q5(g) to remove references applicable for late night premises open after 0100 hrs.
    Amend terms of entry for children of all ages and young persons to allow them entry while accompanied by an adult until 2030 hrs daily.
    Remove local conditions d, f, h, l, k and p and special conditions 1 and 2 which relate to the former operation as late night premises.

There is circulated Report No HLB-095-13 (15kb pdf) by the Clerk.

10.9  Ref: HC/CSER/0358
Applicant: Vicky Taylor
Premises: Portmahomack Post Office and Stores, Main Street, Portmahomack, IV20 1YB
Type: Off Sales

Variation:

    Increase off-sales hours to 1000 hrs to 2200 hrs daily

There is circulated Report No HLB-096-13 (17kb pdf) by the Clerk.

10.10  Ref: HC/CSER/0727
Applicant: KDM Inns Limited per MacArthur and Co, 7 Ardross Street, Inverness
Premises: Foxes Hotel, 11 Saltburn Road, Invergordon, IV18 0HH
Type: On and Off Sales

Variation:

    change the on-sales hours to Monday to Saturday 1100 hrs to 0100 hrs and Sunday 1200 hrs to 2400 hrs.
    change the off-sales hours on Sunday 1200 hrs to 2200 hrs.
    Add seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board.
    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.
    Amend list of activities and services to be provided outwith core hours, specifically receptions, music, live performances, films and televised sports.
    Amend description of premises removing reference to a public bar and substituting lounge bar/restaurant.
    Amendments to children and young persons’ terms of entry in accordance with Board policy as a consequence of the removal of the references to a public bar on the premises.
    Change of premises name to “Tuckers Inn”.

There is circulated Report No HLB-097-13 (64kb pdf) by the Clerk.

10.11  Ref: HC/RSL/0156
Applicant: George Wood Priest
Premises: Culbokie Village Store, Smithfield, Culbokie, IV7 8JH
Type: Off Sales

Variation:

    Increase off-sales capacity from 2.24 m² to 8.4 m²

There is circulated Report No HLB-098-13 (25kb pdf) by the Clerk.

10.12  Ref: HC/RSL/1450
Applicant: John F MacDonald
Premises: Mingarry Park Guest House, Mingarry, Acharacle, PH36 4JX
Type: On Sales

Variation:

    Increase on-sale core opening hours as follows:
    Mon to Sat:  From 1100 hours (no change to terminal hour)
    Sun:  From 1200 hours (no change to terminal hour)
    Removal of Seasonal Variation which restricted alcohol to be sold in the Bothan only during the main tourist season.
    Additional activities within operating plan to include:-
    • Dance Facilities
    • Indoor/Outdoor sports
    • Outdoor drinking facilities
    and the following activities to take place prior to core opening hours:
    • Meetings
    • Music
    • Live Performances
    • Dancing
    Update Children’s Policy to accord with Board Policy.
    Revision of layout plan to extend footprint of premises to include Outdoor Drinking Facilities and Executive Suite on the first floor of the premises.
    Revision of Premises Description to include Outdoor Drinking Facilities and Executive Suite on first floor of premises.

There is circulated Report No HLB-099-13 (129kb pdf) by the Clerk.

Note: The Applicant and persons who lodged representations have been invited to attend.

10.13  Ref: HC/RSL/1645
Applicant: Roger Niemeyer
Premises: Glencoe House, Glencoe, PH49 4HT
Type: On Sales

Variation:

    Revise layout plan to include Suite Nos. 4, 5, 6 and 7 located on the first and second floors;
    Increase capacity from 88 persons to 100 persons following the completion of Suite Nos. 4, 5, 6 and 7;
    Revise Description of Premises to include First and Second Floors of the premises.

There is circulated Report No HLB-100-13 (18kb pdf) by the Clerk.

10.14  Ref: HC/RSL/1062
Applicant: Loch Ness Coffee Company Ltd
Premises: Cobb’s Lounge Bar at Nevisport, Airds Crossing, Fort William
Type: On Sales

Variation:

    Increase on-sale operating hours as follows:
    Sunday: 1200 hours to 2400 hours
    Include off-sale operating hours as follows:
    Monday to Sunday:  1000 hours to 2200 hours
    Extend footprint of premises to include as follows:
    Restaurant/Café known as Cobb’s Café, situated on the upper floor of the main Nevisport building;
    Outdoor drinking area located at the entrance to the Cobb’s Lounge Bar;
    Outdoor drinking area located on the Roof Terrace which is accessible from both the Lounge Bar Mezzanine and the Café/Restaurant.
    Revise Operating Plan as follows:-
    Include Restaurant Facilities prior to core hours to allow breakfasts to be consumed;
    Include Outdoor Drinking Areas within Operating Plan.
    Update Children’s Policy to include Restaurant/Café Area.
    Increase capacity from 120 persons to 200 persons as a result of the increase to the footprint of the premises;
    Update description of premises to reflect inclusion of Restaurant/Café area (Cobb’s Café) and outdoor drinking areas.

There is circulated Report No HLB-101-13 (20kb pdf) by the Clerk.

10.15  Ref: HC/RSL/1461
Applicant: Fort William FC
Premises: Fort William FC Clubhouse, Claggan Park, Fort William
Type: On Sales

Variation:

    Removal of seasonal variation which required the Clubhouse to close during the month of June and part of July;
    Increase core on-sale operating hours as follows:
    Monday to Thursday: 1800 hours to 2400 hours
    Friday and Saturday: 1100 hours to 0100 hours
    Sunday:   1200 hours to 2400 hours
    Additional activities within Operating Plan to include:
    • Receptions
    • Music
    • Live Performances
    • Dance Facilities
    • Gaming
    • Indoor/Outdoor Sports
    Revision of Children’s Policy to reflect increase in core licensed hours.

There is circulated Report No HLB-102-13 (19kb pdf) by the Clerk.

11. Licensing (Scotland) Act 2005
Application for variation (major) to Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

11.1  Ref: HC/CSER/1633
Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Cellar Bar, Bridge Street, Wick, KW1 4NG
Type: On and Off Sales

Variation:

    Add a seasonal variation to take advantage of any period for extended hours offered by the Highland Licensing Board
    Add indoor/outdoor sports (pool and darts) as activities to be provided on the premises during core licensed hours.
    Increase capacity to 80 persons

There is circulated Report No HLB-103-13 (18kb pdf) by the Clerk.

12. The Licensing (Scotland) Act 2005 Section 43
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 43
Brath Dìtidh

12.1  Licence Holder: Asda Stores Limited
Premises: Asda Store, Ivanhoe Avenue, Inverness IV2 6BZ

There is circulated Item 12 (467kb pdf) | Item 12.1 (277kb pdf) notification received from the Chief Constable dated 3 July 2013.

12.2  Licence Holder: Asda Stores Limited
Premises: Asda Store, Knockbreck Road, Tain IV19 1PY

There is circulated Item 12.2 (56kb pdf) notification received from the Chief Constable dated 3 July 2013.

13. Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

13.1 Applicant: Fiona Colquitt

There is circulated Report No HLB/104/13 by the Clerk.

14. The Gambling Act 2005

14.1 Application for Licensed Premises Gaming Machine Permit

Premises: The Caledonian, 9-11 High Street, Inverness IV1
Applicant: (Licence Holder) Bramwell Pubs and Bars Ltd, Lunar House, Globepark, Bucks S17 1LW, per Hill Brown Licensing, 3 Newton Place, Glasgow.

Application is for 3 Category C Machines.

There is circulated Report No HLB-105-13 (8kb pdf) by the Clerk.