Agenda and minutes

Apologies for absence were intimated from Councillors Rory Colville, Robin Currie,  David Kinniburgh and Richard Trail.

None declared.

The Chair welcomed everyone to the Hearing and asked that participants introduce themselves.  Thereafter he outlined the procedure that would be followed.

Mr Reppke advised that a late representation had been received from Environmental Health Services outwith the 28 day period allowed for objections and representations to be made and that the Environmental Health Officer was in attendance and would be able to advise of the reason why the objection was submitted late.  It was for the Committee to decide whether or not they would wish to take this late objection into consideration.  The Chair invited submissions from the Objector and from the Applicant.

Ms Rains advised that this matter had been raised at an Anti Social Behaviour meeting and that further information was requested from the Police to assist with her report to this Committee.  She advised that once the information was submitted by the Police she had lodged her objection 2 days after the deadline date.

The Applicant’s Agent, Mr McIver accepted that it was a matter for the Committee to decide whether or not to consider this late objection but commented on how long it had taken the Environmental Health Officer to make her representation and that the reason for it being late was to await information from the Police who were not even objecting to the Application.

Motion

That the late objection should be considered as it would be difficult for the Committee to come to a decision without knowing the views of the Environmental Health Officer.

Moved by Councillor Freeman, seconded by Councillor McQueen.

Amendment

That the late objection should not be considered from the Environmental Health Officer.

Moved by Councillor Hall, seconded by Councillor MacDougall.

The Motion was carried by 5 votes to 4 and the Committee agreed to accept the late objection from the Environmental Health Officer.

The Chair then invited the Applicant to speak in support of his Application.

Applicant

Mr McIver, on behalf of the Applicant, advised that the premises Three in One would be known to some Members and that the Applicant had been operating successfully here for over 11 years and that his business was well patronised.  He confirmed that the Applicant had adhered to the present conditions attached to his licence and that no complaints had been made about his business which employed a mix of 20 part time and full time staff.  He advised that the premises was situated in the centre of Dunoon close to a number of liquor licensed establishments.  He referred to the objections made by the Environmental Health Officer which were predicated upon observations undertaken on 15 /16 October 2010 nearly 2 years ago and made reference to a number of points raised by the Environmental Health Officer in her representation in respect of Ferry Brae and Argyll Gardens.  Mr McIver advised it was his understanding that these 2 locations have been a place where people have congregated for some time even before Mr Zadeh’s business was in operation and that some  ...  view the full minutes text for item 3.