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 17 December 2013 at 12.30 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 5 November 2013.

ii. Minute of the meeting of the Highland Licensing Board held on 12 November 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-146-13 (22kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 23 October 2013 to 3 December 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-147-13 (45kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 23 October 2013 to 3 December 2013 and inviting the Board to note the Report.

6. Review Proposal – Non-payment of Annual Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Bliadhnail

There is circulated Report No HLB-148-13 (26kb pdf) by the Clerk.

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/558
Applicant: The Partnership of John and Audrey Wallace Ashcroft, Cantraywood, Croy, Inverness shire IV2 5PR
Premises: Cawdor Village Store, Cawdor IV12 5XP
Type: Off Sales

There is circulated Report No HLB-149-13 (17kb pdf) by the Clerk.

7.2  Ref: HC/RSL/1682
Applicant: Community of Raasay Retail Association (CORRA) Ltd
Premises: Raasay Stores, 29/30 Inverarish Terrace, Isle of Raasay, IV40 8NS
Type: Off Sales

There is circulated Report No HLB-150-13 (21kb 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/CSER/1681
Applicant:  Younes Amin
Premises:  Key Store Express, 33 Bridge Street, Wick, KW1 4AJ
Type:   Off-Sales

There is circulated Report No HLB-151-13 (17kb pdf) by the Clerk.

Note: The Applicant has been cited to attend.

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/254
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent, per TLT LLP, 140 West George Street, Glasgow, G2 2HG 
Premises:  Gellions, Bridge Street, Inverness IV1 1HD
Type:   On and Off Sales

Variation:

    Variation to On Sales on Sundays from 11.00 hrs to 01.00 hrs.
    Variation to Off Sales on Sundays from 11.00 hrs.
    Amend Seasonal Variations: To open for such extended hours as the Board may agree for each festive period.

An objection has been received from Mr Robin Murray on behalf of Highland Apartments Association, 34 Ardconnel Street, Inverness IV2 3EX, Mr Murray represents Apartments 205,210,209,308,309 and 402 By the Bridge, Bridge Street, Inverness. The applicant and the objector have been invited to attend the meeting.

There is circulated Report No HLB-152-13 (49kb pd) by the Clerk.

9.2  Ref: HC/INBS/ 253
Applicant: Punch Partnership Ltd, per TLT Scotland Ltd, 140 West George Street, Glasgow G2
Premises:  Monty’s Bar, Bridge Street, Inverness IV1 1HD
Type:   On and Off Sales

Variation:

    Amendment to On Sales hours on Sunday to from 11.00 hrs to 01.00 hrs.
    Amendment to Off Sales hours on Sunday to from 11.00 hrs to 22.00hrs.

An objection has been received from Mr Robin Murray on behalf of Highland Apartments Association, 34 Ardconnel Street, Inverness IV2 3EX, Mr Murray represents Apartments 205, 210, 209, 308, 309 and 402 By the Bridge, Bridge Street, Inverness. The applicant and the objector have been invited to attend the meeting.

There is circulated Report No HLB-153-13 (18kb pdf) by the Clerk.

9.3  Ref: HC/INBS/213
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent, per TLT LLP, 140 West George Street, Glasgow, G2 2HG  
Premises:  MacCallums, 40 Union Street, Inverness IV1 1PX.
Type:   On and Off Sales

Variation:

    Amend on-sale hours on a Saturday to 11.00 hrs to 01.00 hrs.
    Amend on-sale hours on a Sunday to 11.00 hrs to 01.00 hrs.
    Amend off-sale hours on a Sunday to 11.00 to 22.00 hrs.

There is circulated Report No HLB-154-13 (17kb pdf) by the Clerk.

9.4  Ref: HC/INBS/188
Applicant: PECI Ltd, Chapelshade House, 78-84 Bell Street, Dundee, DD1 1HN, per Shane Manning, agent.
Premises:  Private Eyes Inverness, 57 Academy Street, Inverness IV1 1LU
Type:   On Sales

Variation:

    To extend trading hours Monday, Tuesday and Wednesday to 03.00 hrs in line with the hours permitted for rest of week.
    To remove the requirement to use polycarbonate glasses after 21.00 hrs.

Objections have been received:

    by email on 8 November 2013 from Gillian Gunn on behalf of Highland Violence Against Women Strategy Group; and
    by email dated 8 November 2013 from Dr Margaret Somerville, Director of Public Health, Assynt House, Beechwood Park, Inverness IV2 3BW.

Both the applicant and the objectors have been invited to attend the meeting.

There is circulated Report No HLB-155-13 (373kb pdf) by the Clerk.

9.5  Ref: HC/INBS/413
Applicant: Cairngorm Mountain Limited, per Douglas Somerville, Cairngorm Mountain, Aviemore PH22 1RB
Premises:  The Ptarmigan, Cairngorm Mountain, Aviemore PH22 1RB
Type:   On and Off Sales

Variation:

    Change to Operating Plan: Amend On sales: Sundays from 11.00 hrs and Off Sales: Monday to Friday from 10.00 hrs.
    Amend Seasonal Variation: Extended Hours to 01.00 hrs for pre booked functions 1st April to 31 October.
    Change Layout Plan: To include sites for BBQ and temporary bar adjacent to building/event area.
    Addition of 'Snow Sports Events' to list of events 5(f).
    Amend age of Children to be accompanied by an adult from 16 to 12 yrs.

There is circulated Report No HLB-156-13 (20kb pdf) by the Clerk.

9.6  Ref: HC/INBS/317
Applicant: Cairngorm Mountain Limited, per Douglas Somerville, Cairngorm Mountain, Aviemore PH22 1RB
Premises:  The Day Lodge, Cairngorm Mountain, Aviemore PH22 1RB
Type:   On and Off Sales

Variation:

    Change to Operating Plan: Amend On sales: Sundays from 11.00 hrs and Off Sales: Monday to Friday from 10.00 hrs.
    Change Layout Plan: To include sites for BBQ and temporary bar adjacent to building/event area.
    Addition of 'Snow Sports Events' to list of events 5(f).
    Amend age of Children to be accompanied by an adult from 16 to 12 yrs.

There is circulated Report No HLB-157-13 (19kb pdf) by the Clerk.

9.7  Ref: HC/INBS/200
Applicant: Mitchells and Butlers Retail Limited, per Hill Brown, 3 Newton Place, Glasgow, G3 7PU
Premises:  The Snow Goose, Stoneyfield, Inverness IV2 7PA
Type:   On and Off Sales

Variation:

    Variation to on sales licensed hours of 11.00 hrs to 01.00 hrs Monday to Sunday.
    Variation to show off sales licensed hours from 11.00 hrs on Sunday.

There is circulated Report No HLB-158-13 (18kb pdf) by the Clerk.

9.8  Ref: HC/INBS/285
Applicant: Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.
Premises: The Auctioneers, 28 Church Street, Inverness IV1 1EH
Type:   On and Off Sales

Variation:

    Amendment to On Sales hours on Sunday from 11.00 hrs to 01.00 hrs.
    Amendment to Off Sales hours on Sunday from 11.00 hrs.

There is circulated Report No HLB-159-13 (18kb pdf) by the Clerk.

9.9  Ref: HC/INBS/ 383
Applicant:  Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.
Premises:  The Exchange, 38-40 Academy Street, Inverness IV1 1JT
Type:   On and Off Sales

Variation:

    Amendment to On Sales hours on Sunday from 11.00 hrs to 01.00 hrs.
    Amendment to Off Sales hours on Sunday from 11.00 hrs.

There is circulated Report No HLB-160-13 (18kb pdf) by the Clerk.

9.10  Ref: HC/INBS/ 291
Applicant:  Marion Anderson, 4 Bellfield Park, Inverness IV2 4SZ per Harper Macleod, Solicitors, 45 Gordon Street, Glasgow,G1 3PE
Premises: The Glenalbyn Bar, 2-4 Young Street, Inverness IV3 5BL
Type:    On and Off Sales

Variation:

    Variation to operating plan to show that bar meals will be available.
    Variation to operating plan to show outdoor drinking facilities will be made available.
    Addition of an outdoor drinking area to be included in the licensed area.
    Variation to On Sales Sundays from 11.00 hrs.
    Variation to Off Sales Monday to Sunday from 10.00 hrs.

There is circulated Report No HLB-161-13 (19kb pdf) by the Clerk.

9.11  Ref: HC/INBS/07
Applicant:  Scott Allan Murray, 15-6 West Tollcross, Edinburgh EH3 9QN per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: The Keg, 30-32 Baron Taylor Street, Inverness IV1 1QG 
Type:   On and Off Sales

Variation:

    Variation to On Sales Hours:
    Monday to Saturday 08.00 hrs to 22.00 hrs. Sundays from 11.00 hrs
    Variation to Off Sales Hours:
    Sundays from 11.00 hrs
    Substitution of New Premises Manager (with immediate effect).

An objection by the Director of Public Health has been made to the Board, dated 2 December 2013.

An observation by the Chief Inspector Police Scotland has been made to the Board, dated 14 November 2013.

A petition in support of the application was received on 2 December 2013.

Both the applicant, the objector and the Chief Inspector have been invited to attend the meeting.

There is circulated Report No HLB-162-13 (1299kb pdf) by the Clerk.

9.12  Ref: HC/RSL/0559
Applicant: Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.
Premises: The Mallard, Station Square, Dingwall, IV15 9JD
Type:   On and Off Sales

Variation:

    Variation to on-sales hours on Sunday to open from 1100 hrs.

There is circulated Report No HLB-163-13 (18kb pdf) by the Clerk.

9.13  Ref: HC/CSER/0078
Applicant:  Wendy L Campbell
Premises: Crown Bar, 95 High Street, Wick, KW1 4LR 
Type:   On and Off Sales

Variation:

    Variation to On Sales Hours: Monday to Sunday – 1100 hrs to 0100 hrs
    Variation to Off Sales Hours: Sundays – 1100 hrs to 2200 hrs
    Amend seasonal variation to take advantage of any extended hours for the festive period as permitted by the Licensing Board

There is circulated Report No HLB-164-13 (19kb pdf) by the Clerk.

9.14  Ref: HC/CSER/1115
Applicant: Robert J Sutherland
Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick, KW1 4JW
Type: On and Off Sales

Variation:

    Variation to On Sales Hours:
    Monday to Wednesday 1100 hrs to 0100 hrs
    Thursday to Saturday 1300 hrs to 0300 hrs
    Sunday 1100 hrs to 0100 hrs.
    Variation to Off Sales Hours:
    Monday to Wednesday 1100 hrs to 2200 hrs
    Add seasonal variation to take advantage of any extended hours for the festive period as permitted by the Licensing Board
    Remove local condition (5) requiring the use of plastic glasses after 2100 hrs

There is circulated Report No HLB-165-13 (26kb pdf) by the Clerk.

9.15  Ref: HC/RSL/0437
Applicant: Bamon Ltd
Premises: Crofter Bar and Restaurant, 7-11 High Street, Fort William, PH33 6DH 
Type: On and Off Sales

Variation:

    Increase the commencement hour for on and off sales on a Sunday from 1100 hours (currently 1200 hours).
    Increase the terminal hour for on-sales on a Sunday to 0100 hours (currently 2400 hours).

There is circulated Report No HLB-166-13 (25kb pdf) by the Clerk.

9.16  Ref: HC/RSL/1395
Applicant:  Greene King Retailing Ltd
Premises: Maryburgh Inn, 36 High Street, Fort William, PH33 6AT 
Type: On and Off Sales

Variation:

    Increase the commencement hour for on and off sales on a Sunday from 1100 hours (currently 1200 hours).
    Increase the terminal hour for on-sales on a Sunday to 0100 hours (currently 2400 hours).

There is circulated Report No HLB-167-13 (24kb pdf) by the Clerk.

9.17  Ref: HC/RSL/1556
Applicant: J D Wetherspoon (Scot) Ltd
Premises: The Great Glen (Wetherspoon) 98-104 High Street, Fort William, PH33 6DX 
Type: On and Off Sales

Variation:

    Increase the commencement hour for on sales on a Sunday from 1100 hours (currently 1200 hours).
    Vary the layout plan to include one small external drinking area to the front of the premises.

There is circulated Report HLB-168-13 (23kb pdf) by the Clerk.

10. Licensing (Scotland) Act 2005 Section 83 – Review of Personal Licence – Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta – Brath Dìtidh

10.1 Applicant:

There is circulated letter from Chief Inspector dated 2 December 2013 and submission by applicant dated 20 November 2013. The applicant and the Chief Inspector have been invited to attend the meeting.

There is circulated Report No HLB/169/13 by the Clerk.

11. Surrender of Premises Licence

11.1  Premises: Cunninghams, South Brae, Brora
Licence Holder: Anees Akhtar, Brae House, South Brae, Brora

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

11.2 Premises: Creag na Mara, East Mey, Caithness
Licence Holder: Christian van Rooyen

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

11.3 Premises: Applecross Campsite Café/Restaurant, Applecross, IV54 8ND
Licence Holder: Maureen and Clive Goldthorpe

The above premises licence has been surrendered in terms of Section 28(f).

11.4 Premises: Loch Duich Hotel, Ardelve, Dornie, IV40 8DY
Licence Holder: Raymond Gault and Caroline G Gault

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

11.5 Premises: Alladale Wilderness Reserve, Ardgay, IV24 3BS
Licence Holder: Inverlochy Castle Management International Ltd, Inverlochy Castle Hotel, Fort William, PH33 6SN

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

11.6 Premises: Polbain Stores, Achiltibuie, IV26 2YW
Licence Holder: Gillian Barron

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

11.7 Premises: Lochardil Stores, Morven Road, Inverness
Licence Holder: Daam Limited, 156 Culduthel Road, Inverness IV2 4BQ.

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

11.8 Premises: Ard Na Coille Guest House, Kingussie Road, Newtonmore PH20
Licence Holder: Jacqueline Edwards.

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

11.9 Premises: The Kist Restaurant, 10 High Street, Nairn
Licence Holder: D and J Barron Partnership, 4 Table Road, Nairn.

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

11.10 Premises: The Gathering Place, 87 Academy Street, Inverness
Licence Holder: Tiffany Chen Inverness Ltd, 224 High Street, Elgin IV30 1BA.

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

11.11 Premises: Alvey House, Golf Course Road, Newtonmore
Licence Holder: Kenneth Roy and Margaret King.

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

11.12 Premises: The Alexander Guest House, 16 Ness Bank, Inverness IV2 4SF
Licence Holder: Andrew Mackinnon.

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

12. Application for Gaming Machine Permit for 4 Category C Machines

12.1 Premises: Kings Highway 72-74 Church Street, Inverness IV1 1EN
Licence Holder: JD Wetherspoon (Scot) Ltd, c/o Brunton Miller, 22 Herbert Street, Glasgow G20 6NB

There is circulated Report No HLB-170-13 (12kb pdf) by the Clerk.