Agenda and minutes

Apologies were intimated from Audrey Forrest.

It was noted there were no declarations of interest.

The minutes of the meeting held on 8^th September 2022 were submitted and approved.

The Depute Clerk advised that a request had been received by the agents for Bowmore Distillery to continue the application, which had already been continued from the June meeting, to the November meeting. This was agreed by the Board.

Summary Sheet attached – Item 4(a)

The applicant, Fergus McCoss attended and advised that the premises were a specialty coffee shop, with indoor and outdoor seating, offering high quality food and drinks.

Eric Dearie, Licensing Standards Officer referred to his report (Appendix 1) and suggested that the curfew policy of 8.00pm for children and young person’s regarding the outdoor seating area be included in the operating plan.

Having considered the foregoing the Chair moved to grant the application as applied for with the addition of the terminal hour of 8.00pm for children and young persons for the external seating area.

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

Summary Sheet attached – Item 4(b)

Natalie Carruthers attended on behalf of the applicant. Ms Carruthers advised that they would be running boat trips and offering mainly prosecco at the customers’ request.

Raymond Park, Licensing Standards Officer referred to his report (Appendix 1) and advised he had no issues with the application.

Fiona Howard asked if the trips were general cruises or private charters. Ms Carruthers said that it was a bit of both as there would be booked trips and general passengers on board at the same time. Fiona Howard enquired about the alcohol and how much would be provided. Ms Carruthers advised only one or two glasses would be offered.

Jan Brown referred to the bar meals and receptions and asked why they would be required on the operating plan. Ms Carruthers explained that the company did not want to limit the business, therefore wanted to apply for flexibility. She added that events such as stag parties would be short trips only and sought bar meals as an option to offer lunches on certain trips which would be supplied from local takeaways.

Graham Hardie enquired about the locations and serving alcohol until midnight. Ms Carruthers advised that there would be various locations, such as the Holy Loch and Loch Long, offering 3 hour trips or full day trips, whereby passengers would be allowed to leave the boat and return at a later time. The terminal hour of midnight, again, was for flexibility.

The Chair referred to the need for a food hygiene certificate and Ms Carruthers advised that she was aware of this requirement and was looking into the matter. Mr Park confirmed that Environmental Services were also aware of this.

The Chair asked if a full grant of a licence could be granted, under the circumstances, to which Susan Mair, Depute Clerk replied yes but would be subject to obtaining the relevant certificate and training.

The Chair referred to the Board’s policy for external areas of 10.00pm for adults and 8.00pm for children and young persons and asked Ms Carruthers whether she would be happy with this. She replied yes but thought it may be difficult to enforce this on a boat and therefore could ensure that late trips do not include children and young persons except for family functions.

Ms Mair referred to the Board’s policy and advised that family events were held inside the premises, not externally and although the nature of the application was different, children and young persons required to be within premises by 8.00pm. She suggested that appropriate wording could be included for private functions.

Liz McClure asked Ms Carruthers how she would be able to differentiate between normal bookings and private bookings. Ms Carruthers explained that private charters would be booked in advance and a family event would be day trips which would end earlier in the evening.

Graham Hardie suggested the usual terminal hour for external areas as per the Board’s policy.

The Chair asked Ms Carruthers if she would be happy with this. She replied yes but asked if it would be ok to consume alcohol after 10.00pm inside until midnight to which the Chair replied yes.

The Chair moved to grant the application with a terminal hour of 8.00pm for children and young persons and 10.00pm for adults in respect of the outside areas and midnight in respect of the indoor area and subject to the provision of a food hygiene certificate.

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

Summary Sheet attached – Item 5(a)

Michael Gordon, Premises Manager attended and advised that the premises was a retail shop with a craft studio nearby. Mr Gordon said that the craft studio was a retail and gallery space, which would offer a small selection of items produced by local businesses, including off-sales of Iona Gin and ad-hoc on-sales as part of specific events.

Eric Dearie, Licensing Standards Officer referred to his report (Appendix 1) and advised that he had no issues with the application.

Having noted the foregoing, the Chair moved to grant the application as applied for.

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

Summary Sheet attached – Item 5(b)

Stephen McGowan, Solicitor, Glasgow attended on behalf of the applicant along with the company director, Caroline James. Mr McGowan advised that the premises were the first and only dedicated rum distillery on the island which would allow and facilitate remote and online orders. He said that production had started earlier in the year and attracted some interest and hoped it would create more employment in the area.

Graham Hardie asked about ID for online customers. Caroline James advised that the online service had not yet been set up but the appropriate age checks would be put in place and that staff had obtained their personal licences. Mr McGowan added that compliance with the standard conditions would be met such as log books etc.

Having considered the foregoing, the Chair moved to grant the application as applied for.

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

The licence holder wishes to vary the licence as follows:-

1)  To add on-sales hours.

2)  To amend off-sales hours.

3)  To add private tastings of alcohol with food as an activity on the licence.

4)  To add Children and Young Persons conditions.

5)  To amend capacity to add on-sales figure.

Summary Sheet attached – Item 6(a)

Jean-Pierre Chauvin, Premises Manager attended. Simone Korber was also present. Mr Chauvin spoke to the terms of the application which sought to:- add on-sales hours; amend off-sales hours; add private tastings of alcohol with food as an activity; add children and young persons’ conditions and amend the capacity.

Having considered the foregoing, the Chair moved to grant the application as applied for.

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

The licence holder wishes to vary the licence as follows:-

1)  To amend the off sales start time from 11am to 10am.

2)  To amend the wording at Question 5(f).

3)  To amend the layout plan to show addition of an adjacent adapted container to form a standalone grocery shop with off-sales facility.

Summary Sheet attached – Item 6(b)

Susan Mair, Depute Clerk advised that a request for this application to be continued had been received from the applicant due to an outstanding building standards issue. The Board agreed to continue the application to the November meeting.

The licence holders wish to vary the licence as follows:-

1)  To amend the seasonal variation.

2)  To add accommodation as an activity on the licence.

Summary Sheet attached – Item 6(c)

Audrey Junner, Solicitor, Glasgow attended on behalf of the applicant with Gordon Walker, Operations Manager. Ms Junner spoke to the terms of the application which sought to amend the seasonal variation and add accommodation as an activity. She advised that this was to emphasise that the premises were a holiday park and to allow her clients, who had taken over earlier in the year, to open all year round.

Raymond Park, Licensing Standards Officer advised that the new owners wanted to tidy up the operating plan and he had no issues 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.

The licence holders wish to vary the licence as follows:-

1)  To add bar meals, food to be delivered and takeaways as activities on the licence.

2)  To add Children and Young Person conditions. Currently they are not permitted on the premises.

Summary Sheet attached – Item 6(d)

Jenny O’Hagan, Premises Manager attended. The objector, Ian McKillop also attended.

Ms O’Hagan spoke to the terms of the application which sought to add bar meals, food deliveries and takeaways as activities and to add children and young persons’ conditions. Ms O’Hagan explained that the premises re-opened on 13^th April 2022 following a community buyout and they wanted to create a family pub for locals and tourists with all profits going back into the community. She advised that the premises had previously been operated as a wet trade pub/bar. They were looking to change the culture and offer people something different by holding film, quiz and music nights etc. and also to include food/takeaways. She advised that baby changing facilities would be put in place to comply with the legislation.

Ian McKillop, the objector stated that the main bar area was small and, when busy, there was restricted access to the toilets and advised that there were no facilities to serve meals. Mr McKillop referred to children and young persons and found it unacceptable to allow them into a wet led pub as findings from Alcohol Focus indicated that parental drinking could have an impact on children’s wellbeing. He suggested that the community hub would be more suitable for children and young persons and for serving meals but there were no toilet facilities within this area.

Raymond Park, Licensing Standards Officer advised that he had carried out various discussions with both parties, Ms O’Hagan was happy with a terminal hour of 8.00pm for children and young persons but Mr McKillop wanted a separate area for them. Mr Park wondered if a compromise could be reached.

Ms O’Hagan said that she understood Mr McKillop’s concerns but thought that there were very few issues and emphasised that events would be held later on in the evening.

Mr McKillop said, in principle, a terminal hour of 8.00pm would be acceptable for children and young persons and if possible, music nights could commence at 8.00pm.

Ms O’Hagan added that this was a unique model and hoped to develop it further in the near future.

Mr McKillop confirmed that he was happy with the terminal hour and that entertainment would not commence until 8.00pm.

It was noted that the Chair was having difficulty with his internet connection and therefore Mark Irvine, the Vice- Chair moved to grant the application with a terminal hour of 8.00pm for children and young persons and subject to baby changing facilities being installed.

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

The licence holder wishes to vary the licence as follows:-

1)    To add a seasonal variation to allow the premises to close annually from 7th January to 24th February.

Summary Sheet attached – Item 6(e)

The applicant, May Currie attended and spoke to the terms of the application which sought to add a seasonal variation to allow the premises to close annually from 7th January to 24th February. Ms Currie advised that she had been reported for closing at the beginning of the year but was on holiday at the time. She therefore wanted to tidy up the application in order to make it clear on the operating plan.

Having considered the foregoing, the Vice Chair, Mark Irvine moved to grant the application as applied for.

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

It was noted that the connection issues previously experienced by the Chair had been resolved.

It was noted that the connection issues previously experienced by the Chair had been resolved.

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The applicant wishes to vary the licence as follows:-

1)     To vary the opening time on a Sunday from 12.30pm to 10.00am in line with the other days of the week.

Summary Sheet attached – Item 6(f)

Fiona Potter attended on behalf of the applicant and spoke to the terms of the application which sought to vary the opening time on a Sunday from 12.30pm to 10.00am in line with the other days of the week and to extend the terminal hour to 7.00pm, Monday to Sunday. Ms Potter advised that the Sunday opening time had caused some confusion and therefore she wanted consistency throughout.

Raymond Park, Licensing Standards Officer also referred to the additional terminal hour of 7.00pm and stated that he had no issues with the application.

Having considered the foregoing, the Chair moved to grant the application as applied for.

The licence holder wishes to vary the licence as follows:-

1)  To amend the terminal hour for on-sales and off-sales to 22.00.

2)  To change the premises manager to William Sinclair.

3)  To add receptions, club or other group meetings and live performances as activities.

4)  To amend the Children and Young Persons conditions.

Summary Sheet attached – Item 6(g)

William Sinclair, Premises Manager attended and spoke to the terms of the application which sought to:- extend the terminal hour for on-sales and off-sales to 10.00pm:  change the premises manager to William Sinclair;  add receptions, club or other group meetings and live performances as activities and amend the children and young persons’ conditions.

Eric Dearie, Licensing Standards Officer advised that he had no concerns regarding the application.

The Chair asked Mr Sinclair if there was an external seating area to which he replied yes and it was included in the existing operating plan.

The Chair moved to grant the application as applied for, subject to the Board’s policy in respect of the external seating area.

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

A copy of the letter to the applicant together with letter from Police Scotland dated 8^th August 2022 is attached.

Stephen McSporran, Solicitor, Campbeltown attended with the applicant, Leah McGuigan. Sergeant David Holmes, Police Scotland was also in attendance.

It was noted that a letter of objection, dated 8^th August 2022 had been received from Police Scotland (Appendix 2).

Mr McSporran explained the circumstances of the offence. He accepted that Ms McGuigan had been going through a difficult time in her personal life but she was in a far better place now.

Sergeant David Holmes referred to the objection letter (Appendix 2) and confirmed that Ms McGuigan had no previous convictions. Sergeant Holmes advised that the Procurator Fiscal may dispose of the case but a trial date had not yet been set.

The Chair asked Sergeant Holmes whether the objection still stood and he replied yes as Ms McGuigan was charged with possession of a class A drug.

Jan Brown asked Ms McGuigan when the application was submitted. She advised that it was in July of this year but she was not aware at the time that she had been charged with any offence.

Jan Brown asked Sergeant Holmes if it was possible that Ms McGuigan was not aware of the charge at this time. He advised that the substances found would have had to be tested and this can take some time. Once the results were known, Ms McGuigan would have been charged but it was possible that she did not know at the time of submitting the application.

Graham Hardie said that regardless of both sides, it would be difficult to consider until the case was concluded.

Susan Mair, Depute Clerk advised that the Board could make a decision on the application today or continue the matter until the court case was concluded.

Paul Kennedy asked Ms McGuigan where she worked and what responsibilities she had. She explained that she dealt with the sale of alcohol and table service at the Royal Hotel. She added that the company wanted her to progress further within the business and that she could become premises manager in the near future. She admittedly struggled after her mum passed away but had accessed appropriate support.

Paul Kennedy wondered if the application was granted and a warning letter issued, could the matter be brought before the Board at a later date if Ms McGuigan was found guilty. Ms Mair advised that if the application was granted, it would only appear before the Board again if another objection was received.

Graham Hardie suggested postponing any decision until the conclusion of the court case. Luna Martin agreed.

The Chair said that given the nature of the charges, it would not be appropriate to grant the application at this time and moved to continue the matter until the conclusion of the court case.

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

Revision of Gambling Policy

Report by the Clerk to the Board together with draft revised Policy Statement

Susan Mair, Depute Clerk spoke to the terms of her report which detailed that the Board were required to review and revise their Statement of Gambling Policy and, as part of this process, to undertake a consultation exercise as set out in the report. She advised that a report on the outcome of the consultation exercise would be submitted to the November Board meeting.

She also drew the attention of members to the proposed Scheme of Delegation detailed in Appendix 3 of the Policy Statement.

The Chair moved approval of the recommendations at paragraphs 2.1 to 2.5 and, with no-one else being otherwise minded, this became the decision of the Board.

A list of personal licences to be revoked is attached.

The list of personal licence holders (Appendix 3) who had not undertaken the required refresher training within the prescribed timescale was noted and the Board agreed to revoke their personal licences.

A list of personal licences to be revoked is attached.

The list of personal licence holders (Appendix 4) who had not submitted an application to renew their licence was noted and the Board agreed to revoke their licences

The date of the February Licensing Board meeting has been amended from 21st February to 28th February 2023.

It was noted that, at the June meeting, the date of 21^st February 2023 required to be re-arranged. The proposal for the amended date of 28^th February 2023 was agreed by the Board.

A copy of the draft Festive Hours Policy 2022 is attached.

The Festive Hours Policy was approved by the Board.

The next meeting of the Licensing Board will be held on Tuesday 8^th November 2022 at 11.00am.

The next meeting of the Licensing Board will be held by Skype on Tuesday 8^th November 2022 at 11.00am.