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, 5 November 2013 at 12.30 pm (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 1 October 2013.

4. Dates of Meetings in 2014
Cinn-latha Choinneamhan ann an 2014

The Board is asked to note the following dates for 2014, as agreed at The Highland Council on 24 October 2013.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

    4 February 2014
    1 April 2014
    13 May 2014
    17 June 2014
    12 August 2014
    7 October 2013
    4 November 2014
    11 December 2014

5. 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-120-13 (17kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 18 September 2013 to 22 October 2013 and inviting the Board to note the Report.

6. 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-121-13 (34kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 18 September 2013 to 22 October 2013 and inviting the Board to note the Report.

7. Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There is circulated Report No HLB-122-13 (371kb 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.

8. Chief Constable’s Report 2012/2013
Aithisg an Àrd-Chonstabail 2012/2013

There is circulated Report No HLB-123-13 (58kb pdf) by the Clerk regarding the Chief Constable’s Report to the Highland Licensing Board for 1 April 2012 to 31 March 2013.

Inspector A Henderson will attend to present the Report and discuss its contents.

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

9.1  Ref: HC/INBS/556
Applicant: SYHA (Trading) Ltd, 7 Glebe Street, Stirling FK8 2JA
Premises: Aviemore Youth Hostel, 25 Grampian Road, Aviemore PH22 1PR
Type: On and Off Sales

There is circulated Report No HLB-124-13 (14kb pdf) by the Clerk.

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

10.1  Ref: HC/INBS/557
Applicant: Audrey Corbett Scott, Kilchumein House, Fort Augustus, PH32 4BZ per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises:  MacVeans, Canal Side, Fort Augustus, PH32 4BA.
Type:   On and Off Sales

There is circulated Report No HLB-125-13 (14kb pdf) by the Clerk.

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

11.1  Ref: HC/INBS/120
Applicant: Co Operative Group Food Limited, Reg. Office: 1 Angel Square, Manchester M60 0AG per BMK Wilson, 90 St Vincent Street, Glasgow,G2 5UB
Premises:  Co Operative Group Food Limited, Station Road, Beauly, IV4 7EH
Type:   On and Off Sales

Variation:

    Change to Premises Manager.
    Change to Licence: The premises will operate as a local convenience store selling fresh and frozen food, toiletries, household items, pet food, soft drinks, confectionery, tobacco and cigarettes, stationery and all items normally sold in a convenience store including alcohol for consumption off the premises. Trading hours for the store will be 06.00 hrs to 23.00 hrs.
    Capacity for off sales display amended to: 37.3375 m²
    Off Sales Hours Only: 10.00 hrs to 22.00 hrs Mon-Sun.

There is circulated Report No HLB-126-13 (13kb pdf) by the Clerk.

11.2  Ref: HC/INBS/ 161
Applicant: Emerald Inns Ltd, 135 Culduthel Road, Inverness IV2 4EF per Don Lawson.
Premises:  Johnny Foxes and the Den, Bank Street, Inverness IV1 1QU
Type:   On and Off Sales

Variation:

    Amendment to remove local condition requiring plastic/polycarbonate glassware.
    Amendment to opening hours: from 11.00 hrs on Sundays.

There is circulated Report No HLB-127-13 (14kb pdf) by the Clerk.

11.3  Ref: HC/INBS/ 203
Applicant: Moshahid Ali, 7 Robertson Place, Nairn IV36 1EU
Premises:  Royal Bengal, 89 High Street, Nairn IV12 4DB
Type:   On Sales

Variation:

    Restaurant to operate outwith core licensing hours
    Amend On Sales Friday, Saturday and Sunday to 24.00 hrs.
    Amendment to Premises Description to: First floor restaurant on High Street, Nairn, which incorporates Moshi's coffee shop as well as the Indian restaurant. Alcohol sales are table service to customers only taking table meals and snacks. Toilet facilities are provided on premises. Restaurant and Coffee Shop have separate entrances.

There is circulated Report No HLB-128-13 (13kb pdf) by the Clerk.

11.4  Ref: HC/INBS/110
Applicant: J D Wetherspoon (Scot) Ltd, Wetherspoon House, Reg. Address: c/o Brunton Miller, 22 Herbert Street, Glasgow G20 6NB
Premises:  The Kings Highway, 72-74 Church Street, Inverness IV1 1EN
Type:   On and Off Sales

Variation:

    Variation to commencement time for On Sales Sundays to be amended to 12.00 hrs.
    Variation to commencement time for Off Sales Sundays to be amended to 10.00 hrs.
    Requirement for Young Persons to be accompanied by an adult to be removed at management's discretion.
    Requirement for Children and Young Persons to consume a meal whilst on the premises to be deleted.
    Children and Young Persons non-resident in the Wetherlodge adjacent have to have vacated the Kings Highway premises by 23.00 hrs with Children and Young Persons who are resident in the Wetherlodge (subject to the conditions contained in the Licence) may remain on the premises during the opening hours.

There is circulated Report No HLB-129-13 (14kb pdf) by the Clerk.

11.5  Ref: HC/INBS/289
Applicant: Torvean Golf Club, Glenurquhart Road, Inverness IV3 8JN
Premises: Torvean Golf Club, Glenurquhart Road, Inverness IV3 8JN
Type:   On and Off Sales

Variation:

    Extended core hours for on sales Monday to Sunday to 01.00hrs.
    On sales opening Sunday from 11.00 hrs
    Off Sales Monday to Sunday 10.00 hrs to 22.00 hrs
    Removal of the current seasonal variation from licence.

There is circulated Report No HLB-130-13 (14kb pdf) by the Clerk.

11.6  Ref: HC/INBS/ 301
Applicant:  Fairways Leisure Group Ltd, Castle Heather, Inverness IV2 6AA per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises:  Fairways, Castle Heather, Inverness IV2 6AA
Type:   On and Off Sales

Variation:

    Variation to On Sales Hours: Sunday 11.00 hrs to 01.00 hrs
    Variation to Off Sales Hours: Sunday from 11.00 hrs.
    Amend seasonal variations wording to include reference to other periods of extended hours which may be offered by the Board.

There is circulated Report No HLB-131-13 (14kb pdf) by the Clerk.

11.7  Ref: HC/INBS/081
Applicant: Whitbread Restaurants Ltd, Whitbread Court, Porz Avenue, Houghton Hall Office Park, Dunstable, LU5 5EX  per John Gaunt and Partners
Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Inshes Gate, Beechwood Industrial Park, Inverness IV2 3BW
Type:   On and Off Sales

Variation:

    To vary the on and off consumption commencement hour on a Sunday from 12.00 noon to 11.00 hrs in line with the recent amendment to the Board's policy.
    To vary the terminal hour for on consumption on a Sunday to 01.00 hrs in line with the recent amendment to the Board's policy.
    At 5(f) 'any activities' to add 'Quiz Nights' 'Charity Nights'.

There is circulated Report No HLB-132-13 (13kb pdf) by the Clerk.

11.8  Ref: HC/INBS/497
Applicant: Whitbread Group PLC, Houghton Hall Office Park, Dunstable, LU5 5EX  per John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Premier Inn, Loch Ness House Hotel, Glenurquhart Road, Inverness IV3 8JL.
Type:   On and Off Sales

Variation:

    To vary the on and off consumption commencement hour on a Sunday from 12.00 hrs to 11.00 hrs in line with the recent amendment of the Board's policy.
    To vary the terminal hour for on consumption on Sunday to 01.00 hrs in line with the recent amendment to the Board's policy.
    At 5(f) 'Any Activities' to add 'Quiz Nights' 'Charity Nights'

There is circulated Report No HLB-133-13 (14kb pdf) by the Clerk

11.9  Ref: HC/INBS/507
Applicant:  Peter Gerald Moore, Flat 2, 36 High Street, Nairn, IV12 4AU per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  The Playhouse, Church Street, Nairn IV12 4AP
Type:   On and Off Sales

Variation:

    Variation on On Sales hours on Fridays and Saturdays to terminate at 02.00 hrs.
    On and Off Sales hours on Sundays to commence from 11.00 hrs.
    Amend Seasonal Variations to: 'The Premises shall seek to operate any period of extended hours offered by the Highland Licensing Board such as festive extensions'.
    Premises Description to read: 'Lounge bar and late night entertainment venue occupying part of the ground floor (with a mezzanine floor) of a tenement building in a commercial area in the centre of Nairn. The premises trade as a lounge bar offering meals and every Friday and Saturday evening from 22.00 hrs they offer a mixture of live music and DJ entertainment, catering for the late night economy. The premises have a substantial dance floor area and professional sound and lighting facilities.

There is circulated Report No HLB-134-13 (121kb pdf) by the Clerk

Note: The Applicant, supporters of the application and an objector to the application have been invited to attend the Hearing.

11.10  Ref: HC/RSL/1435
Applicant:  The Ross-shire Club, Stafford House, High Street, Dingwall, IV15 9SS
Premises: The Ross-shire Club, Stafford House, High Street, Dingwall, IV15 9SS
Type:   On-sales and off-sales

Variation:-

    Variation to on-sales and off-sales opening hours on Sundays to open at 1100 hrs, currently 1200 hrs.

There is circulated Report No HLB-135-13 (14kb pdf) by the Clerk.

11.11  Ref: HC/RSL/1470
Applicant:  The Legion Dingwall Club, High Street, Dingwall, IV15 9SN
Premises: The Legion Dingwall Club, High Street, Dingwall, IV15 9SN
Type:   On-sales

Variation:-

    Variation to on-sales opening hours on Sundays to open at 1100 hrs, currently 1200 hrs.
    Variation to operate extended hours as granted by the Boards Festive Policy.
    Variation to children’s policy to allow access on Sundays commencing 1100 hrs providing children are in the care of an adult.

There is circulated Report No HLB-136-13 (15kb pdf) by the Clerk.

Note: There is circulated Appendices A, B and C in relation to Item Nos 11.12, 11.13 and 11.14.

11.12  Ref: HC/RSL/0486
Applicant:  SBM (Fort William) Limited
Premises: Volunteer Arms, 47 High Street, Fort William, PH33 6AT
Type:   On Sales

Variation:

    Increase terminal core hour on Friday and Saturday evenings from 0100 hours to 0200 hours.
    Increase opening core hour on Sunday morning from 1200 hours to 1100 hours.
    Additional activities within Operating Plan, both during and outwith core hours, to include conference facilities, receptions and club or other group meetings.
    Additional activities within Operating Plan to be provided outwith core hours to include music, films, gaming and indoor sports.
    Revision to layout plan to remove fixed seating and include DJ Booth, two poser tables and new booth seating.
    6. Revision to description of premises to include operation as late night entertainment venue.

There is circulated Report No HLB-137-13 (41kb pdf) | Appendix A B C (478kb pdf) by the Clerk.

Note: The Applicant and a representative from Fort William Community Council have been invited to attend the Hearing.

11.13  Ref: HC/RSL/1570
Applicant:  MSM Highland Limited
Premises: Skipinnish Ceilidh House, Rear of 23 High Street, Middle Street, Fort William
Type:   On and Off Sales

Variation:

    Remove Local Condition relating to all drinks being served in plastic when operated as Late Opening Premises.
    Increase Core Terminal Hour on Thursday, Friday and Saturday evenings from 0200 hours to 0300 hours.
    Revision of Seasonal Variation to include Board’s Festive Policy.
    To include Indoor Sports as an activity taking place during core hours within the premises.
    To include Club or other Group Meetings, both during and prior to core opening hours.
    To permit Music, Live Performances and Dance Facilities to take place prior to core opening hours but no earlier than 0900 hours.
    Update Children’s Policy to permit Young Persons unaccompanied prior to 2200 hours.
    Substitution of Premises Manager.
    Revised layout of the premises to include additional bar counter where hot food will also be served.

There is circulated Report No HLB-138-13 (72kb pdf) | Appendix A B C (478kb pdf) by the Clerk.

Note: The Applicant, Objector and a representative from Fort William Community Council have been invited to attend the Hearing.

11.14  Ref: HC/RSL/1167
Applicant: Derek and Janice R Wallace
Premises: Ossians Hotel, High Street, Fort William, PH33 6DH
Type:   On Sales

Variation:

    Remove Local Condition relating to all drinks being served in plastic when operated as Late Opening Premises.
    Increase Core Terminal Hour on Friday and Saturday evenings from 0200 hours to 0300 hours.
    Increase Core Opening Hour on Sunday from 1200 hours to 1100 hours.
    Revision of Seasonal Variation to include Board’s Festive Policy.
    To include Gaming as an activity taking place during core hours within the premises.
    To include Adult Entertainment as an activity taking place during core hours within the premises in full compliance with the stipulated local conditions.
    Update Children’s Policy to reflect Adult Entertainment.

There is circulated Report No HLB-139-13 (32kb pdf) | Appendix A B C (478kb pdf) by the Clerk.

Note: The Applicant and a representative from Fort William Community Council have been invited to attend the Hearing.

11.15  Ref: HC/RSL/0435
Applicant: Co-operative Group Food Ltd
Premises: Co-operative Group Food Ltd, Station Road, Mallaig, PH41 4PY
Type:   Off Sales

Variation:

    Increase in Alcohol Capacity display area from 21.73 m² to 24.2375 m².
    To include Music as an activity to take place both during and outwith core hours.
    Change of Premises Manager

There is circulated Report No HLB-140-13 (17kb pdf) by the Clerk.

11.16  Ref: HC/RSL/1309
Applicant: Anne Elizabeth Harley
Premises: Uig Hotel, Uig, Isle of Skye, IV51 9YE
Type:   On and Off Sales

Variation:

    Extend On Sales and Off Sales hour on Sunday to commence from 1100 instead of 1230 hours.
    Extend terminal On Sales hour from 2400 to 0100 hours on Monday to Saturday inclusive and from 2330 to 0100 hours on Sunday.
    Variation to activities to include conference facilities and dance facilities and indoor/outdoor sports.
    Conference facilities, receptions etc. and club meetings may take place outwith core hours.  Bar meals (e.g. breakfast) will be served outwith core hours. Non-alcoholic beverages may also be served in the outdoor drinking area outwith core hours.
    Amend Children’s Policy to permit children accompanied by an adult to the room with a bar counter until 2200 hours or the termination of their meal, private function or live entertainment and to other parts in the company of an adult at all times.  Young persons will be permitted unaccompanied.

There is circulated Report No HLB-141-13 (29kb pdf) by the Clerk.

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

12.1  Ref: HC/RSL/1650
Applicant:  Co-operative Group Food Ltd
Premises:  Co-operative Group Food Ltd, (New Store), Old Station Yard, Angus Crescent, Ballachulish, PH49 4JS
Type:  Off Sales (Provisional)

Variation:

    Revision to Layout Plan - Alcohol Display Area
    Revision to Layout Plan - Revised Store Layout
    Increase in Alcohol Capacity from 25.0925 m²to 26.9375 m²

There is circulated Report No HLB-142-13 (17kb pdf) by the Clerk.

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

13.1  Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder:  Robert Sutherland

There is circulated Report No HLB-143-13 (216kb pdf) by the Clerk relating to a premises licence review application from Police Scotland.

The Licence Holder and the Police have been invited to attend the meeting.

14. Surrender of Premises Licence

14.1  Premises: Port Mor House, Isle of Muck
Licence Holder:  Partnership of Toby Fichtner-Irvine and Mary MacEwen

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

14.2  Premises: Glenfield Hotel, North Road, Ullapool
Licence Holder: Oxford Hotels and Inns Management Ltd, Regus House, Victoria Way, Admirals Park, Crossways, Dartford, DA2 6QD

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

14.3  Premises: Kinveachy Lodge, Boat of Garten, PH24 3BT
Licence Holder:  Alexander Scobbie Lewis, Newtonbury, Cornhill, Banff

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

15. The Gambling Act 2005
Achd na Cearrachd 2005

15.1 Application for a Gaming Machine Permit for 3 Category 3 Machines

Premises: Pockets, 55-67 Castle Street, Inverness IV2 3XL
Applicant: Ali Raza Mohammed, 18 Wimberley Way, Inverness IV2 3XL

Premises: 147 Pool and Snooker Centre, 34 Union Street, Inverness
Applicant: Partnership of Ian Alastair Richard Mackenzie and May Harvey Mackenzie 3 Muirfield Park, Inverness IV2 4HA

Premises: The Room, 73 Queensgate, Inverness IV1 1DG
Applicant: Ness Properties Limited, 10 Knockbreck Street, Tain IV19 1BJ

Premises: Johnny Foxes, Bank Street, Inverness IV1 41QY
Applicant: Emerald Inns Ltd, 135 Culduthel Road, Inverness IV2 4EF

There is circulated Report No HLB-144 (8kb pdf) by the Clerk