Agenda and minutes

Argyll and Bute Licensing Board - Tuesday, 9 November 2021 11:00 am

Venue: Skype

Contact: Margaret MacLean Tel: 01546 604338 

Items
No. Item

1.

APOLOGIES

Minutes:

Apologies were intimated from Rory Colville, Gordon Blair and Sandy Taylor.

2.

DECLARATIONS OF INTEREST

Minutes:

It was noted that there were no declarations of interest.

3.

APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 7TH SEPTEMBER 2021

Minutes:

The minute of the meeting held on 7th September 2021 was submitted and approved.

 

4.

APPLICATIONS FOR A PREMISES LICENCE

4a

Aspen Lodge, Glencruitten Road, Oban, PA34 4QB pdf icon PDF 232 KB

Summary Sheet attached – Item 4(a)

 

Additional documents:

Minutes:

The applicant, Carol Bennett attended and explained that the business was a small luxury bed and breakfast with an honesty bar which offered local whisky and gin. Ms Bennett also advised that there would be tastings and functions for birthdays, anniversaries etc. with champagne and prosecco.

 

Raymond Park, Licensing Standards Officer advised that this was a slightly unusual application as the business was an extension to the family home and included private terraces for each bedroom, with a terminal hour of 12 Midnight which he noted was out with the Board’s Policy.  Mr Park added that the Board’s policy would apply to the communal area and confirmed he had no issues or concerns with the application.

 

The Chair thought it was unnecessary to include a terminal hour of 12 Midnight for the private terraces. Ms Bennett said she would be happy to control this if it was acceptable to the Board as all events would be low key.

 

The Chair moved to grant the application with no restrictions on the private terraces.

 

With no-one else being otherwise minded, this became the decision of the Board.

 

4b

MA/KE, Building 206, Machrihanish Airbase, Campbeltown, PA28 6NU pdf icon PDF 223 KB

Summary Sheet attached – Item 4(c)

Additional documents:

Minutes:

The applicant and premises manager, Adele Martin attended and advised that the premises would be used for online sales only. Ms Martin said that she wanted to sell letterbox gift boxes which would include miniatures of alcohol and cocktails and that the unit would be used for storage only.

 

Eric Dearie, Licensing Standards Officer advised that the premises was a secure unit within the business park and he had no concerns with the application.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded, this became the decision of the Board.

4c

Sgriob-Ruadh Farm, Glengorm Road, Tobermory, Isle of Mull, PA75 6QD pdf icon PDF 232 KB

Summary Sheet attached – Item 4(d)

 

Additional documents:

Minutes:

The applicant, Lily Reade attended together with Rohan Snelling, Production Manager. Ms Reade explained that the café, which was situated on a cheese farm, had been trading for 20 years but they were now seeking to offer wines and beer. Ms Reade added that she was in the process of setting up a distillery but this was in the early stages of development.

 

Eric Dearie, Licensing Standards Officer noted that the 10.00am commencement hour for on-sales was out with the Board’s policy. He also suggested that the wording at section 5(f) under ‘any other activities’ be removed from the operating plan as this was not required. He confirmed he had no other issues with the application.

 

Roddy McCuish asked Ms Reade why the 10a.m. commencement hour for on-sales was necessary. She said that she wanted it to be in line with the café opening hours so that customers could have the option to buy or sample alcohol during the cheese tours.

 

Jean Moffat advised that a further licence application would be required for the distillery and in the meantime the opening hours should be amended to 11.00am. Ms Reade confirmed she was happy with this.

 

Rory Colville noted that there was no seasonal variation. Ms Reade said the shop usually closed at the end of October each year but would like to keep trading by way of an honesty box.

 

Eric Dearie explained that the on-sales would be seasonal and the off-sales would be throughout the year and suggested that this could be stated on the seasonal variation.

 

Sandy Taylor asked if the honesty box would be used off season only. Ms Reade said it would be throughout the winter months but moving forward, the shop would eventually be manned at all times.

 

The Chair asked the Depute Clerk, Susan Mair if a seasonal variation would be required. Ms Mair stated that as there would be a change in operation in the winter months whereby the café would be closed from 31st October to 1st April and may be opened occasionally for pre-booked events, wording to that effect should be included in the premises licence. She added that the public should be made aware of the actual operating hours.  Ms Reade advised she would be happy to include the appropriate wording.

 

The Chair moved to grant the application with the opening hour for on-sales to be amended to 11.00am; to remove the statement under ‘any other activities’; a terminal hour for the external area of 10.00pm for adults and 8.00pm for children and young persons and the relevant wording to be agreed for the seasonal variation in consultation with the Licensing Standards Officer.

 

Susan Mair asked what type of performances would be held within the premises. Ms Reade said that it would be acoustic only for events like the music festival.

 

With no-one else being otherwise minded, this became the decision of the Board.

4d

The Perch, Main Road, Garelochhead, Helensburgh, G84 0AN pdf icon PDF 230 KB

Summary Sheet attached – Item 4(e)

Additional documents:

Minutes:

The applicant, Lauren Breach attended and advised that the business was a family partnership operating since June and sought to provide alcohol with meals.

 

Raymond Park, Licensing Standards Officer stated that Ms Breach was happy to comply with the Board’s Policy for the outside area with a terminal hour of 10.00pm for adults and 8.00pm for children and young persons. Mr Park said that planning permission had not yet been granted for the external area but asked if this could be considered meantime and once permission was obtained it could then be utilised without the need for the applicant to submit a major variation.

 

Susan Mair, Depute Clerk advised that in principle this could be considered but emphasised that the area could not be utilised until planning permission was granted.

 

Rory Colville referred to the Licensing Standards Officer’s report (Appendix 1) and asked if the capacity would be 80 or 43. Ms Breach explained that the maximum capacity would be 43, this included the outside area which would seat 8 persons. Rory Colville noted that no off-sales had been applied for and wondered if customers would be taking unfinished bottles from the premises. Ms Breach said she had not thought of that and would be happy to include off-sales if permitted.

 

Sandy Taylor noted the premises were semi- detached and asked if this could cause any noise issues. Ms Breach stated that the neighbouring property was at the rear of the premises with a side lane and the external area was at the front.

 

The Chair referred back to the off-sales not being applied for. Ms Mair advised that this would be required to enable customers to take away unfinished bottles of alcohol and although it was not advertised, this could be included in the operating plan.

 

The Chair asked Ms Breach if she was happy to amend the on-sales opening time to 11.00am and she replied she was.

 

Susan Mair said that if the Board was happy to include off-sales then a restriction could be included to state it would be for unfinished bottles only.

 

Raymond Park advised that he had included similar wording at section 5(f) of the operating plan for a previous application.

 

The Chair moved to grant the application subject to the relevant planning permission being received for the external area with a terminal hour of 10.00pm for adults and 8.00pm for children and young persons and to include off-sales but restricted to taking away unfinished bottles only.

 

With no-one else being otherwise minded, this became the decision of the Board.

5.

APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE

5a

Co-op, 75 Frederick Crescent, Port Ellen, Isle of Islay, PA42 7BE pdf icon PDF 228 KB

The applicants wish to vary the licence as follows:-

 

1)  To add Home Deliveries as an activity on the Operating Plan.

2)  To amend the wording relating to recorded music.

 

Summary Sheet attached – Item 5(a)

Minutes:

Eilidh McGuire, Solicitor, Glasgow attended on behalf of the applicant and explained that this was the first of five similar applications from the Co-operative Food Group. Ms McGuire spoke to the terms of the application which sought to amend the activities to allow recorded background music and to include home deliveries which had been rolling out for some time throughout other stores. She said there would be robust procedures in place and staff were trained to a high level.

 

Rory Colville asked if there was a demand for this type of service. Ms McGuire said there was demand shown especially since covid.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded, this became the decision of the Board.

5b

Co-op, Lochview, Tarbert, PA29 6TW pdf icon PDF 225 KB

The applicants wish to vary the licence as follows:-

 

To add home deliveries as an activity on the Operating Plan

 

Summary Sheet attached – Item 5(b)

Minutes:

Eilidh McGuire, Solicitor, Glasgow attended on behalf of the applicant and confirmed that this was in similar terms to Agenda item 5(a) but was only seeking the addition of home deliveries.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded, this became the decision of the Board.

5c

Co-op, 33 Main Street, Tobermory, Isle of Mull, PA75 6NV pdf icon PDF 227 KB

The applicant wishes to vary the licence as follows:-

 

To add Home Deliveries as an activity on the Operating Plan

 

Summary Sheet attached – Item 5(c)

Minutes:

Eilidh McGuire, Solicitor, Glasgow attended on behalf of the applicant and confirmed that this was in similar terms to Agenda item 5(a)  but was only seeking the addition of home deliveries.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded this became the decision of the Board.

5d

Co-op, Scarinish, Isle of Tiree, PA77 6UH pdf icon PDF 231 KB

The applicants wish to vary the licence as follows:-

 

To add Home Deliveries and Recorded Music as activities on the Operating Plan

 

Summary Sheet attached – Item 5(d)

 

Minutes:

Eilidh McGuire, Solicitor, Glasgow attended on behalf of the applicant and confirmed that this was in the same terms as Agenda item 5(a) which sought to amend the activities to allow recorded background music and the addition of home deliveries.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded, this became the decision of the Board.

 

5e

Co-op, The Avenue, Main Street, Inveraray, PA32 8UQ pdf icon PDF 227 KB

The applicants wish to vary the licence as follows:-

 

To add Home deliveries as an activity on the Operating Plan

 

Summary Sheet attached – Item 5(e)

Minutes:

Eilidh McGuire, Solicitor, Glasgow attended on behalf of the applicant and confirmed that this was in similar terms to Agenda item 5(a) but was only seeking the addition of home deliveries.

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded this became the decision of the Board.

 

5f

The Galleon, Post Office Brae, Tobermory, Isle of Mull, PA75 6NT pdf icon PDF 243 KB

The applicant wishes to vary the licence as follows:-

 

1)  To add off-sales hours to the licence.

2)  To change opening time of restaurant to 8.00am.

3)  To change Sunday opening time for on-sales to 11.00am.

4)  To add recorded music as an activity on the operating plan.

 

Summary Sheet attached – Item 5(f)

 

Minutes:

The applicant Elaine Cahill attended and spoke to the terms of the application which sought to: add off-sales 11.00am to 10.00pm, Monday to Sunday; to change the opening time of the restaurant to 8.00am; to change the Sunday opening time for on-sales from 12.30pm to 11.00am; and add recorded music as an activity on the operating plan.

 

Raymond Park, Licensing Standards Officer advised that the applicant had taken over the premises in March 2021 and wanted to update the operating plan to reflect her business plan.

 

Rory Colville asked if there was demand for off-sales. Ms Cahill explained that it was a new restaurant and she wanted to offer boxes of specialised wine to customers.

 

The Chair moved to grant the application as applied for.

 

With no-one else being otherwise minded, this became the decision of the Board.

6.

REVIEW OF PERSONAL LICENCES

6a

Revocation of personal licences where licence holders have not undertaken the refresher training

A list of personal licences to be revoked is attached.

 

Minutes:

The list of personal licence holders (Appendix 2) who had not undertaken the required refresher training within the prescribed timescale was noted and the Board agreed to revoke their personal licence.

6b

Revocation of personal licences where licence holders have not applied to renew their licence. pdf icon PDF 63 KB

A list of personal licences to be revoked is attached.

 

Minutes:

The list of personal licence holders (Appendix 3) who had not submitted an application to renew their licence was noted and the Board agreed to revoke their licence.

7.

ANY OTHER BUSINESS

7a

Festive Hours Policy 2021 pdf icon PDF 268 KB

A copy of the proposed Festive Hours policy is attached.

Minutes:

The Festive Hours Policy was approved by the Board.

7b

Vaccine Certification Approach in Argyll and Bute pdf icon PDF 316 KB

Report by Alan Morrison, Regulatory Services and Building Standards Manager.

Minutes:

Alan Morrison, Regulatory Services and Building Standards Manager referred to his report (Appendix 4) which provided Board members with an overview of the new COVID vaccination certificate requirements and the work undertaken by Environmental Health Services and the Licensing Standards Officers. He advised that a number of premises had taken themselves out with the vaccination certification scheme by removing dance floors etc.

 

Rory Colville referred to the cases and asked that if it became an endemic situation, would the regulations be in place for some time. Mr Morrison stated that this would be a decision for the Scottish Government but advised that the current scheme will be in place until March 2022 and then it will be reviewed.

 

The Chair thanked Mr Morrison for the report and moved approval of the recommendations at paragraph 1.5. This was agreed by the Board.

 

Susan Mair, Depute Clerk suggested that the terms of the certification scheme should be highlighted to the licensed trade through social media and including a reminder about the continuing requirements to wear face masks and to note customers’ contact details. This was agreed by the Board.

8.

DATE OF NEXT MEETING

The next meeting of the Licensing Board will be held on Tuesday 22nd February 2022 at 11.00am.

Minutes:

The next meeting of the Licensing Board will be held by Skype on Tuesday 22nd February 2022 at 11.00am.