Venue: By Microsoft Teams
Contact: Fiona McCallum Tel. No. 01546 604392
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APOLOGIES FOR ABSENCE Minutes: Apologies for absence were intimated on behalf of Councillors Gordon Blair, Daniel Hampsey, Paul Kennedy and Liz McCabe. |
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DECLARATIONS OF INTEREST Minutes: There were no declarations of interest intimated. |
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CIVIC GOVERNMENT (SCOTLAND) ACT 1982: THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022: APPLICATION FOR GRANT OF A SHORT TERM LET LICENCE (GOWANLEA, KILCHATTAN BAY, ISLE OF BUTE) Report by Regulatory Services and Building Standards Manager 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’s representative opted to proceed by way of audio call
and joined the meeting by telephone. It was noted that the objector to the
application had opted to proceed by way of written submission. The
Chair outlined the procedure that would be followed and invited the Licensing
Standards Officer to speak to the terms of the report. The
Chair then invited the Applicant to speak in support of the application. APPLICANT The applicant’s agent addressed the
objector’s comments advising that they were inaccurate. There has never been a door replaced due to
damage or otherwise, the flat is let on a minimum 2 night stay, there have never
been any reports of guests being inebriated or smoking in the garden, the
applicant has a good relationship with the upstairs neighbour, who enjoys
having people coming to stay in the property.
The objector also complained of people sitting outside the window, so
the applicant planted shrubs in that area, which the objector did not like and
cut them back. There was one occasion in
2020 when there was a report of a dog barking, the applicant immediately phoned
the guests, who were out at the local hotel having dinner and they returned to
the property at once. Although, pets are
allowed in the property, there was never any statement of how many or about
leaving them unattended, this has now been added to the welcome pack and
advertising. An area of the garden has
been fenced off to allow guests to let their dogs use it. There is also a quiet time stated in the
welcome pack. Housekeeping services are
employed and have never complained about how the property or garden has been
left. A gardener has also been employed
for the past 20 years, who has carried out weeding. The property is let out from March to October
as a quiet retreat, with no wifi or technology
equipment on offer. The other months, the property is used by family members
and our own dogs. The area is not a
retirement village nor a holiday camp as stated by the Objector. MEMBERS’ QUESTIONS Councillor
Philand referred to point 2c of the objectors concerns, that the property
sleeps 4 but at one time had 15 people. The
applicant advised that when they started to let out the flat there had been a
campervan parked outside the property, there had also been a function at the
local hotel, which is just along the road from property. We only cater for 4 persons within the
property and can only imagine that there was a gathering in the garden
area. The Objector also refers to her
dog being savagely attacked by 7 dogs, there was never any evidence of this and
the story was exaggerated. SUMMING UP Applicant’s Agent The
licensing officer gave us a great deal of support and we knew that there would
be issues with the Objector, as she had stated that she would go out of her way
to go against the application. When
asked, the applicant confirmed that they had received a fair hearing. DEBATE Councillor
Hardie agreed that the applicant had done everything to address the Objectors
concerns and he has happy to support the application. Councillor
Brown stated that the applicant had shown great restraint and willingness to be
co-operative and to be responsible owners and operators. Happy to support the approval of the licence. Councillor
Forrest agreed that the applicant had done everything to make things better and
supported the granting of the licence. Councillor
Philand agreed with his fellow committee members. Councillor
Green moved that the application be approved with the conditions, as outlined
within the report relating to antisocial behaviour and privacy and
security. With no one being otherwise
minded this became the decision of the Committee. DECISION The
Planning, Protective Services and Licensing Committee unanimously agreed to
grant a Short-Term Let Licence to the Applicant, subject to the inclusion of
the antisocial behaviour and privacy and security conditions set out at
paragraph 6 of the report. (Reference:
Report by Head of Legal and Regulatory Support, submitted) |