Venue: By Microsoft Teams
Contact: Hazel MacInnes Tel. No. 01546 604269
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APOLOGIES FOR ABSENCE Minutes: Apologies for absence were
intimated on behalf of Councillors Audrey Forrest, Paul Donald Kennedy, Mark
Irvine, Gordon Blair and Amanda Hampsey. |
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DECLARATIONS OF INTEREST Minutes: There were no declarations of interest intimated. |
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CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF A LATE HOURS CATERING LICENCE: B ALMHEIMED, ROTHESAY Report by Head of Legal and Regulatory Support Minutes: The Chair welcomed everyone to the meeting. In line with recent legislation for Civic
Government Hearings, the parties (and any representatives) were given the
options for participating in the meeting today.
The options available were by video call, by audio call or by written
submission. For this hearing the Applicant has opted to proceed by way of video call
and joined the meeting by Teams along with his interpreter Mr Ameen Nemer. The
Chair outlined the procedure that would be followed, noting that none of the 3
objectors were in attendance, and invited the Applicant to speak in support of
their application. APPLICANT Through
his interpreter, Mr AlMheimed, stated he was not aware of the process when he
applied for the Late Hours Catering Licence and that he wants the business to
run smoothly by not bothering anyone. Mr
AlMheimed advised that he installed a notice in the shop front to ask patrons
to be respectful of neighbours and to keep the outside street clean and that
should any anti-social behaviour occur he would intervene, adding that when he opened the business he wants both
himself and his team to benefit from it and not annoy anyone. MEMBERS’ QUESTIONS Councillor
McCabe offered her support of the shop advising that the property had been
empty for a long time, with it previously being a pub with a noisy disco. Councillor McCabe believed that neighbours
may have gotten used to it being vacant and therefore no noise issues. Councillor McCabe added that the Applicant is
doing a great job and that the Applicant’s business is growing fast and offers
good food. Councillor
Brown noted that the property was a sit in restaurant as well as a take-away
and asked if the restaurant closed earlier than the take-away. The
Applicant advised that the restaurant has facilities for 12 individuals to sit
in and that there is no toilet in situ.
Last orders are taken at 10.30pm and in the event that the Late Hours
Catering Licence is granted then restaurant orders would be up until 10.30pm
and thereafter take-away only. Councillor
Green referenced the recommendations contained within the report from
Environmental Health in relation to the operating hours specifically that
trading hours be limited to 11.00pm to 12 Midnight, Monday, Tuesday, Wednesday,
Thursday and Sunday and; 11.00pm to 01.00am, Friday and Saturday. He asked the Applicant if it would be a
problem if these trading hours were applied. The
Applicant responded he would not find it a problem to operate within these
trading hours. Councillor
Wallace asked about the security of the communal close and if it was common
practice for deliveries to go through the close and not via the front shop. The
Applicant stated that deliveries use the front door of shop. SUMMING UP Applicant The
Applicant thanked the Committee for listening to his presentation and
apologised for any disturbances that may have been caused by his customers. Mr
AlMheimed confirmed that he wants to operate a business that benefits his
employees and the Island and that he has hired an employee to clean the inside
and outside of shop to improve upon hygiene. When
asked, the Applicant agreed he had received a fair hearing. DEBATE Councillor
Armour advised he was happy to go with the recommendations from Environmental
Health and Councillor McCabe as she was based on the Island. Councillor
Hardie also agreed and happy to go with the recommendations from Environmental
Health. Councillor
Philand advised he was of the same opinion as Councillors Armour and Hardie. Councillor
McCabe confirmed she was happy to accept Environmental Health’s suggested
trading hours. Councillor
Green was in full agreement with the member’s comments and moved to approve the
application subject to the application of Environmental Health trading hours. DECISION The
Committee agreed to approve the application for a Late Hours Catering Licence
subject to the following trading hours 11.00pm to 12 Midnight, Monday, Tuesday,
Wednesday, Thursday and Sunday and; 11.00pm to 01.00am, Friday and Saturday. (Reference: Report by Head of Legal and Regulatory Support, submitted) |