Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 4 February 2014 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 correct records:

i. Minute of the meeting of the Highland Licensing Board held on
17 December 2013; and
ii. Minute of the meeting of the Highland Licensing Board held on
8 January 2014.

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-002-14 (17kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 4 December 2013 to 22 January 2014 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-003-14 (41kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 4 December 2013 to 22 January 2014 and inviting the Board to note the Report.

6.  Policy Statement 2013-16 under the Gambling Act 2005
Aithris Poileasaidh 2013-16 fo Achd na Ceàrrachd 2005

There is circulated Report No HLB-004-14 (377kb pdf) detailing the consultation responses to the Consultation Draft Policy Statement set out in the Appendix and inviting the Board to agree the terms of its Policy Statement 2013-16.

7.  Alcohol Licensing for Royal National MOD 2014
Ceadachd Deoch-làidir airson MÒD Nàiseanta Rìoghail 2014

There is circulated Report No HLB-005-14 (25kb pdf), providing members with information in order to consider the potential for the grant of extended licensing hours for Inverness city premises during the period of the National MOD, 10 to 17 October 2014.

8.  Premises Licence Review Hearings – Non-payment of Annual Licence Fees
Èisteachdan Ath-sgrùdaidh airson Ceadachd Thogalaichean – Neo-phàigheadh Ceadachd Bhliadhnail

There is circulated Report No HLB-006-14 (28kb pdf) inviting members, after hearing from the premises licence holders if present or represented, to consider and determine their review proposals in respect of premises for which annual licence fees remain unpaid.

The premises licence holders have been invited to attend.

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/560
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness, IV2 5GH Per South Forrest, 8 Ardross Terrace, Inverness, IV3 5NW
Premises: Caledonian Spirit (Cruise Ship), Canal Side, Fort Augustus, PH32 4BD.
Type: On and Off Sales.

There is circulated Report No HLB-007-14 (15kb pdf) by the Clerk.
Note: The applicant has been invited to attend.

9.2 Ref: HC/INBS/559
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness, IV2 5GH
Premises: Royal Scot (Cruise Ship), Canal Side, Fort Augustus, PH32 4BD. Per South Forrest, 8 Ardross Terrace, Inverness,IV3 5NW
Type: On and Off Sales.

There is circulated Report No HLB-008-14 (15kb pdf) by the Clerk.

9.3 Ref: HC/CSER/1690
Applicant: Andrea Reid and Carl Reid
Premises: Delny House Hotel, Delny, Invergordon
Type: On and Off Sales

There is circulated Report No HLB-009-14 (16kb pdf) by the Clerk.
Note: The applicants have been invited to attend.

9.4 Ref: HC/RSL/1687
Applicant: Café Sia Ltd  
Premises: Café Sia, Ford Road, Broadford, Isle of Skye, IV49 9AB
Type: On and Off Sales.

There is circulated Report No HLB-010-14 (18kb pdf) by the Clerk.

9.5 Ref: HC/CSER/1689
Applicant: Catriona Corbett
Premises: The Pier Café, Lochside, Lairg, IV27 4EG
Type: On and Off Sales

There is circulated Report No HLB-011-14 (15kb pdf) by the Clerk.
Note: The applicant has been invited to attend.

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

10.1 Ref: HC/CSER/1684
Applicant: The Partnership of Ardgay Stores and Highland Cafe
Premises: Ardgay Stores and Highland Café, Main Street, Ardgay, IV24 3DJ
Type: On and Off Sales

There is circulated Report No HLB-012-14 (39kb pdf) by the Clerk.
Note: The applicant has been invited to attend.

10.2 Ref: HC/INBS/
Applicant: Reay MacKay, Westwood, Fort Augustus PH32 4BG
Premises: Stravaigers Lodge and Cumberlands Campsite, Glendoe Road, Fort Augustus PH32 4BG
Type: On and Off Sales.

There is circulated Report No HLB-013-14 (13kb pdf) by the Clerk.
Note: The applicant has been invited to attend.

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/177
Applicant: Tomatin Distillery Co. Ltd, Tomatin,  Inverness IV13 7YT
Premises: Tomatin Distillery Visitor Centre, Tomatin, Inverness IV13 7YT
Type: On and Off Sales

Variation:

1. Variation to sell On Sales 10.00hrs to 22.00 hrs Monday to Sunday.
2. Variation to Off Sales on Sundays to commence from 10.00 hrs.
3. Variation to Off Sales termination hours Monday to Sunday to 22.00 hrs.
4. Deletion of current wording in seasonal variations.
5. Addition to Children's Policy in respect of new on-sales.
   Amendment to list of approved activities to include
   conference/restaurant/club meeting/live performance facilities.

There is circulated Report No HLB-014-14 (15kb pdf) by the Clerk.

11.2 Ref: HC/INBS/281
Applicant: Northern Roots Events Limited, Bogbain Farm, Bogbain of Inshes, Inverness IV2 5BD, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Bogbain Farm, Inshes, Inverness IV2 5BD
Type: On Sales

Variation:

Operating Plan:

1. On Sales hours amended to allow: Monday - Sunday 11.00 hrs to 01.00 hrs.
2. Remove Off Sales.
3. Add Seasonal Variation: 'The premises shall seek to operate any period of extended hours offered by the Highland Licensing Board such as festive extensions'
4. Add conference facilities and outdoor drinking facilities to the list of activities.
5. Remove indoor/outdoor sports from the list of activities.
6. Replace any other activities in 5(f) with: 'Corporate and charity events, product launches, photo shoots, music videos; music festivals, Inverness whisky festival, fayres'.
7. Amend Children and Young Persons policy to permit entry to young persons and children at any time provided they are accompanied by an adult.
   
   Layout Plan
   
   
8. The premises now comprise a Bar (named The Byre) Barn and Bothy.
9. Former gift shop and cafe now part of the Bothy.
10. The male and female toilets have been swopped.
11. The Barn has been added to the footprint of the licence.
12. An outside seating and grassed area have been added to the footprint of the licence.
13. The Bar counter has been relocated and a desk introduced (both within the Byre).
    
    Description
    
    
14. Amended to: 'situated approximately 3 miles south of Inverness on t he A9, Bogbain Farm is an exclusive use venue which is hired out for weddings, parties, functions, festivals, concerts and fayres.'

There is circulated Report No HLB-015-14 (19kb pdf) by the Clerk.

11.3  Ref: HC/INBS/87
Applicant: Mrs Brenda Ann Ellis, Foyers House, Foyers Loch Ness, IV2 6XU
Premises: Foyers House, Foyers, Loch Ness IV2 6XU
Type: On Sales.

Variation:

1. Hotel dining room to be open to non-residents. Amendment to children's policy.
2. Seasonal Variation to allow extended hours at Hogmanay.
3. Permit live music as an approved activity.
4. Increased capacity to allow non-resident diners.

There is circulated Report No HLB-016-14 (20kb pdf) by the Clerk.

11.4 Ref: HC/INBS/484
Applicant:  Inverness Caledonian Thistle Football Club Social Club, per Anderson Shaw and Gilbert, 20 Church Street, Inverness
Premises: Inverness Caledonian Thistle Football Social Club, 28 Greig Street, Inverness IV3 5PX
Type: On Sales

Variation:

1. Variation to On Sales hours on Sunday: from 11.00 hrs to 23.00 hrs 

There is circulated Report No HLB-017-14 (15kb pdf) by the Clerk.

11.5 Ref: HC/INBS/48
Applicant: Mr Chas de Vita, 7 Burnbrae, Westhill, Inverness IV2 5TN
Premises: Little Italy Italian Tapas and Prosecco Bar, 4A-6 Stephens Brae, Inverness IV2 3JN
Type: On and Off Sales

Variation:

Operating plan:

1. Amend On Sales hours on Monday to Sunday to permit trading from 11.00 hrs to 01.00 hrs
2. Addition of Off Sales hours Monday to Sunday from 11.00 hrs to 22.00 hrs
3. Allow live performances during licensed hours.
4. Allow outdoor drinking facilities within and outwith core hours.
   
   Premises Licence:
   
   
5. Existing description with additional paragraph: The premises have an outside drinking area on Stephen's Brae adjacent to the Premises covered by a pavement permit.

There is circulated Report No HLB-018-14 (16kb pdf) by the Clerk.

11.6 Ref: HC/INBS/385
Applicant: John Henderson Shepherd, Khawari, Glackmore, Tore IV6 7SN
Premises: Old Market Inn, 32 Church Street, Inverness IV1 1EH
Type: On and Off Sales

Variation:

1. Variation to On Sales Sunday Opening of downstairs bar to commence from 11.00 hrs.
2. Variation to On Sales Sunday terminal hour of upstairs bar to 01.00 hrs
3. Variation to Off Sales Sunday commencing from 11.00 hrs (Downstairs)

There is circulated Report No HLB-019-14 (15kb pdf) by the Clerk.

11.7 Ref: HC/RSL/0655
Applicant: C J Lang and Son Limited
Premises: Spar Store, The Harbour, Arisaig, PH39 4NH
Type: Off-Sales

Variation:

1. Increase in alcohol capacity display area from 14.87 m² to 15.5 m²

There is circulated Report No HLB-020-14 (17kb pdf) by the Clerk.

11.8  Ref: HC/RSL/1461
Applicant: Fort William Football Club
Premises:  Fort William FC Clubhouse, Claggan, Fort William,PH33 6TD
Type: On Sales

Variation:

1. To permit the sale of alcohol for consumption off the premises (off-sales) during the following hours:-
   Monday to Thursday: 1800 hours to 2200 hours
   Friday to Sunday: 1100 hours to 2200 hours
2. Increase the commencement hour for on on-sales on Sunday from 1100 hours (currently 1200 hours). 

There is circulated Report No HLB-021-14 (18kb pdf) by the Clerk.

11.9 Ref: HC/CSER/1020
Applicant: J D Wetherspoon (Scot) Limited per Brunton Miller, 22 Herbert Street, Glasgow
Premises: The Alexander Bain, Market Place, Wick
Type: On and Off Sales

Variation:

1. Variation to On Sales Hours: Sunday 1100 hrs to 0100 hrs
2. Variation to Off Sales Hours: Sunday 1100 hrs to 2200 hrs
3. Amend children and young persons policy to allow, at the discretion of the   management, unaccompanied young persons to be on the premises for consumption of a meal.
4. Add seasonal variation – “During the Festive period, as defined by Highland Licensing Board, the premises will operate additional hours for the sale of alcohol in accordance with the said Board’s policy in that regard”.

There is circulated Report No HLB-022-14 (16kb pdf) by the Clerk.

11.10 Ref: HC/CSER/1594
Applicant: Alexander Harper per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Harpers, 17-19 Back Bridge Street, Wick
Type: On and Off Sales

Variation:

1. Variation to On Sales Hours: Sunday 1100 hrs to 0100 hrs
2. Variation to Off Sales Hours: Sunday 1100 hrs to 2200 hrs
3. Add gaming as an activity or service to be provided outwith core hours.
4. Add seasonal variation – “The premises shall seek to operate any period of extended hours offered by the Highland Licensing Board such as festive extensions”.

There is circulated Report No HLB-023-14 (15kb pdf) by the Clerk.

11.11 Ref: HC/CSER/0295
Applicant: John O’Groats Leisure Ltd
Premises: Seaview Hotel, John O’Groats
Type: On and Off Sales

Variation:

1. Variation to On Sales Hours: Monday to Sunday 1100 hrs to 0100 hrs
2. Remove adult entertainment as an activity or service to be provided.
3. Amend terms of entry for children and young persons in line with Board policy.
4. Remove local condition (g) – Restriction on outdoor drinking area hours of operation.
5. Add seasonal variation to take advantage of any period of extended hours permitted by the Licensing Board during the festive period.

There is circulated Report No HLB-024-14 (16kb pdf) by the Clerk.

11.12 Ref: HC/CSER/1443
Applicant: Wick and District Seaforth Highlander Club
Premises: Wick and District Seaforth Highlander Club, 60 Dempster Street, Wick
Type: On and Off Sales

Variation:

1. Variation to On Sales Hours: Mondays to Thursdays and Sundays 1100 hrs to 0100 hrs.
2. Variation to Off Sales Hours: Sundays 1100 hrs to 2200 hrs.
3. Amend children and young persons policy: “Children and young persons must be accompanied by an adult but are not permitted on the premises after 2200hrs unless attending a function. At the discretion of the   management, unaccompanied young persons to be on the premises for participation in an activity or whilst attending a function.” 
4. Add seasonal variation – “During the Festive period, as defined by Highland Licensing Board, the premises will operate additional hours for the sale of alcohol in accordance with the said Board’s policy in that regard”.
5. Add activities and services to include music, dance facilities, live performances and televised sport both during and outwith core hours.
6. Add gaming during core hours.
7. Add other activities and services to include charity and fundraising events and the engagement of outside caterers.

There is circulated Report No HLB-025-14 (16kb pdf) by the Clerk.

11.13 Ref: HC/RSL/1260
Applicant: Sonas Hospitality Ltd
Premises: Duisdale House Hotel, Duisdale, Sleat, Isle of Skye, IV43 8QW
Type: On Sales

Variation:

1. Increase the On Sales hours on a Sunday to 1100 hrs to 0100 hrs  (currently 1230 hrs to 1430 hrs and 1830 hrs to 2300 hrs);
2. Increase the terminal hour on Monday to Saturday to 0100 hrs (currently  
   2300 hrs);
3. Addition of Off Sale hours - Monday to Sunday - 1000 hrs to 2200 hrs;
4. Additional activities - live performances and dance facilities;
5. Activities outwith core hours - conferences, club and other group meetings,  
   outdoor drinking, musical performances and dancing;
6. Additional activities to including charity/fundraising events etc.;
7. Increase capacity of premises from 50 to 112 persons.

There is circulated Report No HLB-026-14 (18kb pdf) by the Clerk.

11.14 Ref: HC/RSL/0819
Applicant: Sonas Hospitality Ltd
Premises: Toravaig House Hotel, Knock Bay, Sleat, Isle of Skye, IV44 8RE
Type: On Sales

Variation:

1. Increase the On Sales hours on a Sunday to 1100 hrs to 0100 hrs  (currently 1230 hrs to 1430 hrs and 1830 hrs to 2300 hrs);
2. Increase the terminal hour on Monday to Saturday to 0100 hrs (currently 2300 hrs);
3. Addition of Off Sale hours - Monday to Sunday - 1000 hrs to 2200 hrs;
4. Additional activities - live performances and dance facilities;
5. Activities outwith core hours - conferences, club and other group meetings, outdoor drinking, musical performances and dancing;
6. Additional activities to including charity/fundraising events etc.;
7. Increase capacity of premises from 30 to 50 persons. 

There is circulated Report No HLB-027-14 (18kb pdf) by the Clerk.

11.15 Ref: HC/RSL/1302
Applicant: Spencer Smith and Angus Cooper
Premises: The Old Inn, Carbost, Isle of Skye, IV47 8SR
Type: On Sales and Off Sales

Variation:

1. Increase the commencement hour for On Sales and Off Sales on Sunday from 1230 hrs to 1100 hrs;
2. Increase the terminal hour for On Sales on Saturday and Sunday to 0100 hrs (currently 0030 hrs on Saturday and 2330 hrs on Sunday);
3. Update Seasonal Variation so that premises are open all year round;
4. Change of Premises Manager.

There is circulated Report No HLB-028-14 (20kb pdf) by the Clerk.

11.16  Ref: HC/RSL/0888
Applicant: John MacKenzie
Premises: The Old School Restaurant, Dunvegan, Isle of Skye, IV55 8GU
Type: On Sales

Variation:

1. Increase the On Sales hours on a Sunday to 1100 hrs to 0100 hrs  (currently 1230 hrs to 1430 hrs and 1830 hrs to 2300 hrs);
2. Increase the terminal hour on Monday to Saturday to 0100 hrs (currently 2300 hrs);
3. Addition of Off Sale hours - Monday to Sunday - 1000 hrs to 2200 hrs;
4. Remove Seasonal variations;
5. Additional activities – club or other group meetings and music;
6. Activities outwith core hours – conferences, restaurant facilities, club or other group meetings, music and outdoor drinking facilities;
7. Additional activities – charity fundraisers and music events;
8. Children will be permitted to the restaurant unaccompanied until 1800 hrs and thereafter must be accompanied by an adult.  Children will be permitted accompanied by an adult to the lounge bar until 2200 hrs or the termination of a meal, private function or live entertainment.  Young persons will be permitted unaccompanied.
9. Increase capacity of premises from 80 to 140 persons;
10. Removal of specific condition of alcohol only being sold as an ancillary to a meal;
11. Amend description of premises to reflect addition of lounge bar;
12. Amend layout plan – (a)  increase the premises footprint by extending the restaurant to include a lounge bar area from existing private dwelling;  (b)  remove existing servery in the main dining room and  replace with a bar counter in the lounge bar;  (c) addition of new liquor store adjacent to the kitchen/lounge bar.

There is circulated Report No HLB-029-14 (20kb pdf) by the clerk.

12.  Review Proposal – Non Payment of Annual Licence Fee
Moladh Ath-sgrùdaidh – Neo-phàigheadh Ceadachd Bhliadhnail

12.1 Premises: Altnacealgach Inn, by Lairg
Licence Holder: Robert W Sherman and Fiona L Sherman

There is circulated Report No HLB-030-14 (15kb pdf) by the Clerk.

13.  Licensing (Scotland) Act 2005 Section 38 -  
Application 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 J Sutherland

The Board is invited to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until a future meeting.  Members previously deferred consideration at the meeting on 5 November.

14.  Revocation of Provisional Premises Licence Section 45.01 (3)
Cùl-ghairm Ceadachd Sealach Togalaich Earrainn 45.01 (3)

14.1 Premises: Inverness Tourist Hostel, 24 Rose Street, Inverness IV1 1NU
Licence Holder:  Patricia Bannan, 96 Cowgate, Edinburgh.

The above Provisional Premises Licence which expired on 15 December 2013 has been revoked in terms of Section 45.01 (3)

15.  The Gambling Act 2005
Achd na Cearrachd 2005

15.1 Application for a Gaming Machine Permit for 3 Category 3 Machines
Premises: The Mallard, Station Square, Dingwall, IV15 9JD
Applicant: Greene King Retailing Ltd., c/o Bellhaven Pubs, Atrium House, 6 Back Walk, Stirling, FK8 2QA

There is circulated Report No HLB-031-14 (8kb pdf) by the Clerk.