Venue: COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD
Contact: Hazel Kelly Tel. No. 01546 604269
The Chair advised that he had received a resignation from
APOLOGIES FOR ABSENCE
Apologies for absence were received from
The Minutes of the meeting of the Local Licensing Forum held on 27 January 2010 were approved as a correct record.
OFFSALES LICENCES FOR SALE OF GIFTS CONTAINING ALCOHOL
At the previous meeting on 27 January 2010 J Russell
Buchanan had reported that smaller premises selling gifts containing alcohol
had been giving up their licences because they were having to specify where on
the premises the goods were to be displayed and due to the large set up
costs. He said the problem with
specifying where on the premises the alcohol was to be displayed was because it
was not easy for the shop to change its layout if and when desired. Also the large set up costs could not be
justified by the small amount of alcohol being sold. He advised that many of the items being sold
contained only 1.8cl of alcohol and in his opinion allowances should be made
under the new regulations for the sale of gifts. He added that under the old system the whole
of the shop was covered by a licence and not just a designated area. Making representation to the Government to
amend these regulations for the sale of gifts containing alcohol was suggested.
Susan Mair confirmed that within
the new regulations premises had to specify on a plan a designated area on the
shop floor for the display of alcohol that was accessible to the public and
advised that in addition a premise could also have a second display behind the
counter or in a locked cabinet that was not accessible to the public.
Charles Reppke advised that representation could be made to
the Government but advised that this had been done in the past and had not been
addressed. He advised that the Forum
would need to provide strong evidence on the effect this had had on businesses
in Argyll and
The Forum noted the position with regard to licences for
gifts containing alcohol and agreed that this would be brought back to a future
meeting once the Board had completed their review of licensing fees.
Susan Mair had submitted a report
advising that the Argyll and Bute Licensing Board Policy Statement was due for
revision. Susan advised that the Board
had agreed at their recent meeting that this would go out to consultation with
a return date of the end of July 2010.
The new Policy Statement would be required to be in place by November
2010. Susan highlighted the areas of the
Policy that required revision and invited the Forum to provide comment. She suggested that this be focused on at the
next meeting of the Forum on 13 July 2010.
Charles advised that because there were a number of different views on
the document, the Forum had 3 options; option 1 for everyone on the Forum to
provide their own personal response; option 2 for the formation of a Group to
discuss and provide a response on behalf of the Forum and Option 3 for the
Forum to discuss at a separate meeting, come to a conclusion and provide a
After discussion it was agreed that a date would be agreed
with the Chair for a workshop to be held for the Forum to discuss the review of
the Policy Statement and provide a joint response to the Board. The details of this workshop would be
conveyed to the Forum once agreed.
A schedule of Licensing Board meetings for 2010 was provided
to allow the opportunity for Forum Members to attend if they so wished. These were noted by the Forum.
DUTY TO TRADE
It had been agreed at the meeting on 27 January to obtain
details of the results of a
Court case involving duty to trade to obtain clarification
on what the position was with regards to closing premises during the opening
hours stated on a licence. Susan advised
that she had investigated this and had discovered that the case had been
withdrawn and therefore she could not provide any further detail. This was noted and it was agreed that if any
further information came to light it would be brought to the attention of the
Susan had tabled an article on suspension and withdrawal of
licences to the Forum for their information.
She advised that, to date, there had been no suspensions in Argyll and
TACKLING ALCOHOL MISUSE CONFERENCE 23 MARCH 2010 - VERBAL REPORT FROM CHAIR
Eric reported that he had attended the Alcohol Misuse
Inspector Wallace reported on the number of visits to
licensed premises and the number of STORM incidents for the months of February
and March 2010. He highlighted that the
rise in the number of visits to premises had been due to the introduction of
new shift patterns that had provided additional resources to complete visits. He added that Strathclyde Police had received
very positive assistance from licensees.
He reported that the STORM incident figures were generally low.
Calum asked if Pubwatch
had helped lower figures in Oban.
Inspector Wallace replied that it definitely had. He advised that many individuals felt that a
ban from licensed premises was worse than a Court sentencing. He advised that the Police had run
initiatives on Old Firm days and that a lot of licensed premises had made a
conscious effort to close early which had made a difference also.
UPDATE FROM LSO
Eric Dearie, Licensing Standards
Officer, gave a verbal update on the work he’d undertaken since the last
meeting of the Forum. He advised that in
terms of joint working he had formed relationships with staff within the
Licensing Section, Environmental Health, Trading Standards and Planning and
Regulatory Services. He advised that the
Memorandum of Agreement was still to be signed off by Strathclyde Police. His main tasks had been to provide training
to licensees, provide specimens to the licensing Board, attend Licensing Board
meetings, Forum meetings, and to undertake visits to Licensed Premises. He advised that he had received 16
complaints, all of which had been related to noise nuisance. He advised that he had now been appointed as
a consultee for licensing appeals. Eric
reported that he had worked with Sheila recently to produce a CD Rom containing
training material for licensees. This
had been issued to 56 licensed clubs, voluntary clubs and libraries. He added that the Licensing Standards Service
Plan 2010 – 2011 had been completed and asked if this could be circulated with
the Minutes of the meeting.
Charles reported that due to the restructure within the
Council, the recruitment of 2 additional LSOs had not
yet taken place. He advised that he
hoped a decision would be taken very
soon. The Forum expressed their concern over what would happen to the funding
if the 2 posts were not filled. Charles
informed them that the funding had been ring fenced for the posts and would not
be taken away. He added that he would
inform the Forum as soon as he knew what was happening.
Susan advised that the CD Rom produced by Eric, LSO and
Sheila had been very worthwhile. Calum reported that a lot of clubs in Argyll and
Charles took the Forum through the issue tracker and the
following was noted –
The Forum then discussed the recruitment of new
Members. It was agreed that advice would
be sought from the Communications Manager and a new advertisement issued. Roanna enquired
about the young person representative,
Sheila asked Susan when the rest of the premises licences
would be issued. Susan informed her that
the rest of the licences would be issued by the end of May.
DATE OF NEXT MEETING
- 13 July 2010
It was noted that next meeting would be held on 13 July 2010.