Venue: Council Chamber, Kilmory, Lochgilphead
Contact: Fiona McCallum Tel. No. 01546 604392
APOLOGIES FOR ABSENCE
Apologies for absence were intimated from Councillors Rory Colville, Robin Currie, David Kinniburgh and Richard Trail.
DECLARATIONS OF INTEREST
CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR RENEWAL OF A LATE HOURS CATERING LICENCE (THREE IN ONE, DUNOON)
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.
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.
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.
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
The Chair invited the Environmental Health Officer to ask the Applicant questions and Ms Rains confirmed she had no questions.
The Chair invited Ms Rains to speak in support of her objection.
Ms Rains referred to the contents of her representation and
advised that the basis of her objection was to protect the local residents and
community of Dunoon from noise disturbance in the late hours of the morning and
the report dated 2010 was made at the request of the Anti Social Behaviour
Officer. She referred to
The Chair invited the Applicant to ask the Environmental Health Officer questions.
Questions to Objector
Mr McIver asked if a similar monitoring exercise had been undertaken prior to 2000 and Ms Rain replied that a similar exercise was conducted 6 years ago and did not know of any before 2000.
The Chair invited Members to ask the Applicant and Objector questions.
Councillor MacDougall asked why no complaints were received during the Christmas, ... view the full minutes text for item 3.