Venue: by Skype
Contact: Margaret MacLean Tel: 01546 604128
No. | Item |
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APOLOGIES Minutes: Apologies were intimated from Mark Irvine. |
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DECLARATIONS OF INTEREST Minutes: It was noted that there were no declaration of interest. |
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APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 28TH FEBRUARY 2023 Minutes: The
minutes of the meeting held on Tuesday 28th February 2023 were
submitted and approved. Susan
Mair, Depute Clerk referred
to item 6(a) from the previous meeting regarding the Slanj,
Tarbet and advised that a section 50 certificate in
respect of building standards had been received and the major variation
application had been granted and issued. |
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APPLICATION FOR A PREMISES LICENCE |
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Killean Farmhouse & Cottages, Inveraray, PA32 8XT Summary Sheet attached
– Item 4(a) Additional documents:
Minutes: The
applicant, Anton Bartlett attended and advised that he had purchased the
premises two years ago and was upgrading the property. Mr Bartlett explained
that it was a small bed and breakfast business with 5 bedrooms and 6
self-catering cottages and he was applying for a licence due to customer
demand. He added that the alcohol would be sold on a limited basis through the
use of an honesty box. Eric
Dearie, Licensing Standards Officer advised that there were three other
premises that used a honesty box which was a secure unit within the licensed
area, accessed by a key or card only. Mr Dearie said he had no issues with the
application. Jan
Brown asked how the guests would be able to gain access to the honesty box. Mr
Bartlett explained that keys would be issued on arrival, if requested and the
B&B guests would not be permitted to share a key with anyone else. The
cottage guests would require to ask for a key if needed. He said there was nothing
planned as yet for weddings but he would apply for an occasional licence if
required. Paul
Kennedy wanted to clarify that the honesty box would not be used for wedding functions. Mr Bartlett said this was
correct as it would be a bar within a small area with limited stock. Jan
Brown enquired about access regarding off-sales and asked how this would be
monitored. Mr Bartlett advised that check in was at 3.00pm so there was no
access to the premises prior to this time and he, along with his wife, would be
on the premises at all times. He said that he was going to have CCTV installed
as well. Jan Brown wondered what was the point of having an honesty box if they
were going to be present at all times. Mr Bartlett said it would mean working
long hours and not all guests wanted to purchase alcohol. Paul
Kennedy thought it was very restricted as the cottage guests were not included
and wondered what would happen if members of the public appeared. Mr Bartlett explained that guests in the
self-catering cottages tended to purchase their own alcohol as it was a lot
cheaper. He said that, although the floor space within the public area was big,
the toilet facilities were not sufficient for the capacity and therefore he
could only cater for guests. The
Chair referred to the Licensing Standards Officer’s report (Appendix 1) and
asked what measures would be implemented for guests only to access the alcohol;
to limit the consumption of alcohol and to prevent children and young person’s
accessing the alcohol. Mr Bartlett stated that he would limit the amount of
keys issued and the guests would be constantly monitored. He said he usually
had a lot of engagement with the guests and added that children and young
persons would not have access to the alcohol. He asked the members how this
worked with other premises. The Chair advised it was by way of a mini bar in
each room. Mr Dearie referred to Aspen Lodge which also has keys for access and
the honesty box is stated on their operating plan. He added that the overview of
how much alcohol consumed would be hard to determine. The
Chair thought there were too many questions surrounding the honesty box and was
minded to grant the application without this and suggested operating as a
normal bar. Jan
Brown referred to the Board’s policy regarding the external area with adults
permitted until 10.00pm and children and young persons until 8.00pm. Mr
Bartlett confirmed he was happy with this. Audrey
Forrest said there may be problems with the honesty box but if it was working
within other premises, then further information could be provided and the
matter continued toa later date. Mr
Bartlett advised that he had contacted Aspen Lodge which had been granted a
similar set up and said that the licence holder had never experienced any
problems or issues with the honesty box. Susan
Mair, Depute Clerk wanted
to clarify that if guests from the cottages wanted alcohol, they would be
served by the applicant within the licensed area. Mr Bartlett replied that this
was correct. Graham
Hardie moved to grant the application as applied for
with a terminal hour for the external area of 10.00pm for adults and 8.00pm for
children and young persons. The motion was seconded by Jan Brown. The
Chair moved an amendment to the motion to grant the application as applied for
but with the removal of the honesty box arrangement. The amendment was seconded
by Liz McCabe. A
vote was taken by calling the roll. Motion Graham
Hardie Jan
Brown Fiona
Howard Audrey
Forrest Paul
Kennedy Amendment Kieron
Green Liz
McCabe Amanda
Hampsey The
Motion was carried by 5 votes to 3. |
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Riverside Filling Station, Oban Road, Lochgilphead, PA31 8NG Summary Sheet
attached- Item 4(b) Additional documents: Minutes: Jane
MacLeod, Solicitor, Lochgilphead attended on behalf
of the applicant. Calum Charlwood, premises manager also attended. Mrs MacLeod
said it was a busy establishment with numerous residential properties close by
and that the application was due to customer demand. Local produce as well as a
wide selection of groceries were available with a proposed alcohol display of
14.36 square metres, offering wines, beer and ciders. She added that all staff
had obtained the relevant training and there was in store security. Having
considered the foregoing, the Board agreed to grant the application as applied
for. |
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APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE |
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Ambience Cafe, Unit 3, 7 Victoria Street, Rothesay, Isle of Bute, PA20 0AJ The applicant wishes to vary the licence as follows:- 1) To add off-sales - to allow customers to take unfinished alcohol home. 2) To add receptions, funerals and Club or other group meeting as activities. 3) At Question 5, remove comment regarding restriction of alcohol sold. 4) To amend the Children and Young Persons conditions. 5) To remove the outdoor capacity as there is no outdoor drinking. Summary Sheet attached
– Item 5(a) Additional documents: Minutes: The
applicant, Pawel Martyniuk attended and spoke to the
terms of the application which sought to: add off-sales; add receptions,
funerals and club or other group meetings to the activities; remove the comment
at section 5 of the operating plan; amend the children and young persons’
conditions and remove the outdoor capacity. Mr Martyniuk
advised that he had opened three months ago and wanted to upgrade the premises. Raymond
Park, Licensing Standards Officer stated that the main reason for the
application was to remove the restriction on alcohol which was requested by the
previous licence holder but it also created an opportunity for the applicant to
look at the business as a whole. Mr Park said he had no concerns with the
application. The
Chair referred to the children and young persons’ conditions which permitted
them within the premises until 10.00pm and asked Mr Martynniuk
the reason for this. He explained that it would enable customers to eat later
in the evening. The Chair suggested an amendment to the wording to the effect
that children and young persons would be permitted up until 10p.m. provided
they were accompanied by an adult and for the purposes of having a meal. The
Chair moved to grant the application with the suggested wording for the
children and young persons’ conditions. With
no-one else being otherwise minded, this became the decision of the Board. |
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Burnside Bar, 1 Burnside Street, Campbeltown, PA28 6JE The applicant wishes to vary the licence as follows:- 1) To add a further 3 metres to the existing outdoor licensed area whilst allowing the necessary space for public walkway. Summary sheet attached
– Item 5(b) Additional documents: Minutes: The
applicant, Craig Dickson attended and spoke to the terms of the application
which sought to add a further three metres to the existing outdoor licensed
area whilst allowing the necessary space for the public walkway. Eric
Dearie, Licensing Standards Officer said that there was some construction work
ongoing at present but he had no issues with the application. Paul
Kennedy asked what options would be available to delineate the area. Mr Dearie
advised that barriers, bollards or planters could be used although there was no
clear guidance but as long as the area was clearly marked. The
Chair asked if there had been any issues or complaints regarding noise. Mr
Dearie stated that it was a well-run establishment and to date, no complaints
had been received. The
Chair moved to grant the application as applied for. With
no-one else being otherwise minded, this became the decision of the Board. |
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Ceabhar Restaurant, Sandaig, Isle of Tiree, PA77 6XQ The applicant wishes to vary the licence as follows:- 1) To change the name of the premises to Ceabhar Restaurant and Bun Dubh Brewery. 2) To change the description of the premises. 3) Change to the layout to include new micro-brewery. 4) To change Sunday opening time from 12.30 to 12.00. 5) To amend the Seasonal Variation. 6) To add tours of micro-brewery and online sales as activities. 7) To amend the wording at Children and Young Persons conditions Summary Sheet attached
– Item 5(c) Additional documents:
Minutes: The
applicant Duncan Castling attended with Polly Kellett
and spoke to the terms of the application which sought to: change the name of
the premises; change the description of the premises; amend the layout plan to
include the micro-brewery; change Sunday opening time from 12.30pm to 12
Midday; amend the seasonal variation; add tours of micro-brewery and online
sales to the activities and amend the children and young persons’ conditions.
Mr Castling said that he had been running the business for 16 years as a pub,
guesthouse and restaurant and had recently developed the brewery which he
wanted to be included on the licence. He intended to offer pre-arranged
visitors’ tours, tastings and weddings. Raymond
Park, Licensing Standards Officer said that a major refurbishment had been
carried out and he had no issues with the application. The
Chair referred to the children and young persons’ conditions and asked if the
amendment was for tours to which Mr Castling replied yes but alcohol would only
be served to persons 18 years and over. The Chair asked if he would be happy to
alter the wording of the conditions to ‘when consuming a meal’ and ‘to be
accompanied by an adult 18 years or over on a tour’. Mr Castling said he would
be happy with this. The
Chair moved to grant the application with the amended wording for children and
young persons’ conditions. With
no-one else being otherwise minded, this became the decision of the Board. |
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Coasters Bar, Corran Esplanade, Oban, PA34 5PS The applicant wishes to vary the licence as follows:- 1) To reduce terminal hour on Friday and Saturday to 24.00. 2) To amend the seasonal variation. 3) To remove live performances and add restaurant facilities, outdoor drinking and takeaways as activities. 4) To open for breakfasts from 8am to 11am. 5) To amend the Children and Young Persons conditions. Summary Sheet attached
– Item 5(d) Additional documents:
Minutes: The
applicant, Michael Durkin attended and spoke to the terms of the application
which sought to: reduce the terminal hour on Friday and Saturday to 12
Midnight; amend the seasonal variation; remove live performances and add
restaurant facilities, outdoor drinking and takeaways as activities; open for
breakfasts from 8.00am to 11.00am and amend the children and young persons’
conditions. Mr Durkin advised that he had taken over the premises in August of
last year and wanted to change it to a bistro restaurant. Eric
Dearie, Licensing Standards Officer said it was a straightforward application
and he had no issues with it. Paul
Kennedy referred to the photographs of the external drinking area and said that
the posts appeared quite obstructive and, in his view, there was not sufficient
room to manoeuvre around the tables. Mr Dearie said that there were limited
options as planters would be larger and that a physical barrier was more
appropriate. Paul Kennedy asked if the Roads Department had approved the area
for wheelchair access. Mr Dearie advised that it was a matter for Transport
Scotland and they had given permission on the basis that a neighbouring
premises already had table and chairs outside. Mr
Durkin advised that the area was 1.8 metres at the narrower part which complied
with the Council’s guidelines and that he was trying to obtain clarification
from Transport Scotland exactly how the measurements work. Board
Members expressed a number of concerns about the lack of room within the
cordoned off area. The
Chair moved to grant the application with the exception of the outside drinking
area. With
no-one else being otherwise minded, this became the decision of the Board. |
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Kilchoman Distillery, Rockside Farm, Isle of Islay, PA49 7UT The applicants wish to vary the licence as follows:- 1) To increase on sales hours to 11pm daily. 2) To increase off sales hours to 10pm daily. 3) To add a seasonal variation. 4) To add whisky dinners which may include tastings, dinners for various groups, fundraising events and small functions. Summary Sheet attached
– Item 5(e) Minutes: Alistair
MacDonald, Solicitor, Glasgow attended on behalf of the applicant and spoke to
the terms of the application which sought to: increase on sales hours to
11.00pm daily; increase off sales hours to 10.00pm daily; add a seasonal
variation and add whisky dinners which may include tastings and dinners for
various groups, fundraising events and small functions. Mr MacDonald explained
that his client wanted to use the visitors centre for hosting whisky dinners
which previously were held by way of extended hour licences and wanted to
include this on the operating plan. Eric
Dearie, Licensing Standards Officer advised that he had no concerns regarding
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. |
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Portavadie Marina, Portavadie, PA21 2DA The applicants wish to vary the licence as follows:- 1) To allow the three premises licences for Portavadie Marina, Lodge at Portavadie Marina and Spa & Leisure at Portavadie to be merged into one. Summary Sheet attached
– Item 5(f) Additional documents:
Minutes: Iain
Jurgenson, proposed premises manager attended on
behalf of the applicant and spoke to the terms of the application which sought
to allow the three premises licences for the Marina, Lodge and the Spa &
Leisure at Portavadie to be merged into one licence. Raymond
Park, Licensing Standards Officer said that he had no issues with the
application as it would be more efficient with the licence holder being
responsible for the one licence. The
Chair moved to grant the application as applied for. With
no-one else being otherwise minded, this became the decision of the Board. |
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Strachur Filling Station, Main Road, Strachur, PA27 8DG The applicant wishes to vary the licence as follows:- 1) To change the off sales start time on a Sunday from 12.30pm to 10.00am. Summary Sheet attached
– Item 5(g) Minutes: The
applicant, Arlene Stirling attended and spoke to the terms of the application
which sought to change the off sales opening time on a Sunday from 12.30pm to
10.00am. Ms Stirling said that this was due to local and tourist demand. Raymond
Park, Licensing Standards Officer advised that 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. |
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The Brewery, Islay House Square, Bridgend, Isle of Islay, PA44 7NZ The applicant wishes to vary the licence as follows:- 1) To add on sales hours. 2) To add recorded music, live performances and outdoor drinking as activities. 3) To change the premises manager. 4) Change to layout plan to add whisky shop in Old Brewery premises. Summary Sheet attached
– Item 5(h) Additional documents:
Minutes: The
applicant, Bryony Boyd attended and spoke to the terms of the application which
sought to: add on sales; add recorded music, live performances and outdoor
drinking as activities; amend the layout plan to add the whisky shop in the old
brewery premises and change the premises manager. Eric
Dearie, Licensing Standards Officer referred to the live entertainment and
advised that this would be primarily folk music. He suggested that the external
area be delineated. The
Chair asked whether there were any bye-laws in place for Bridgend and Susan Mair, Depute Clerk advised that
there were not. The Chair thought it was good practice to cordon off external
areas and moved to grant the application, subject to the outdoor drinking area
being delineated. With
no-one else being otherwise minded, this became the decision of the Board. |
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Pennyghael Hotel, Pennyghael, Isle of Mull, PA70 6HB The applicants wish to vary the licence as follows:- 1) To change the name of the premises to The Inn at Port Nan Gael. 2) To amend the on sales hours. 3) To add off sales hours. 4) To add a Seasonal Variation. 5) To vary the activities within and outwith core hours. 6) To add take aways as an activity on the licence. 7) To amend the wording in the Children and Young Persons conditions. Summary Sheet attached
– Item 5(i) Minutes: Sandy
Murray, Solicitor, Oban attended on behalf of the applicant and spoke to the
terms of the application which sought to: amend on sales; add off sales; add a
seasonal variation; vary the activities within and outwith
core hours; include takeaways as an activity; amend the wording of the children
and young persons’ terms and to change the name of the premises to ‘The Inn at
Port Nan Gael’. Mr Murray said that the changes would allow greater use of the
premises in an area where there was a substantial number of tourists and
passers-by. Eric
Dearie, Licensing Standards Officer advised that he had no issues with the
application. The
Chair moved to grant the application as applied for. Wit no-one else being otherwise minded, this became the decision of the Board. |
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The Keel Row, Fionnphort, Isle of Mull, PA66 6BL The applicants wish to vary the licence as follows:- 1) To vary the wording in the seasonal variation. 2) To vary the Children and Young Person's conditions. Summary Sheet attached
– Item 5(j) Additional documents: Minutes: The
applicant, Simon Wood attended and spoke to the terms of the application which
sought to: amend the seasonal variation; add the sale of takeaway food and hot
& cold non-alcoholic beverages from 8.00am to 8.00pm daily and to amend the
on sales capacity to 138. Mr Wood said at present, children and young persons
were only permitted when having a meal but wanted to offer families who pass
by, the opportunity to come in for refreshments. Eric
Dearie, Licensing Standards Officer noted that the seasonal variation differed
slightly from the Board’s Policy but given the location of the premises,
thought it was suitable. Mr Dearie asked Mr Wood if there would be a terminal
hour for children and young persons if they were not consuming a meal. Mr Wood
advised that food would be served up until 8.00pm and customers would be given
two hours to finish, therefore the terminal hour would be 10.30pm. Liz
McCabe referred to the existing children and young persons’ conditions whereby
they are permitted if having a meal, snacks and refreshments. Mr Wood explained
that food was only available from 12.30pm to 2.30pm so between 2.30pm and
5.30pm, it was restrictive for families as no food was available. The
Chair suggested amending the terms to keep meals and include snacks up until
6.00pm. Mr Wood said that children and young persons might just want a drink. Audrey
Forrest said that a terminal hour of 10.30pm was excessive and suggested
10.00pm. Mr Wood said he was happy with that. Jan
Brown expressed concerns about children and young person’s entering a premises
just for a drink even although snacks would be available. Mr Wood understood
this and said he was happy to amend it to ‘snacks to be consumed’. Graham
Hardie wondered if takeaway teas etc
would be more suitable but Mr Wood said that, that would not work as they would
need to wait outside. The
Chair moved to grant the application subject to an amendment to the children and young persons’ conditions which
would allow them in the premises up until 6.00pm provided they were having a
snack or meal and up until 10.00pm when consuming a meal and with a terminal
hour of 10.00pm for the external drinking area. With no-one else being otherwise minded, this became the decision of the Board |
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The Olive Garden, Unit 2, Waterfront Centre, Railway Pier, Oban, PA34 4LW The applicant wishes to vary the licence as follows:- 1) To amend the seasonal variation. 2) To add the sale of take away food and hot and cold non-alcoholic beverages from 08.00 to 20.00 daily. 3) To amend the on-sales capacity to 138. Summary Sheet attached – Item 5(k) Minutes: Sandy
Murray attended on behalf of the applicant and spoke to the terms of the
application which sought to: vary the wording in the seasonal variation and
vary the children and young persons’ conditions. Mr Murray advised that there
was a lot of tourism in the area and there was a high demand for takeaway food.
He explained that there used to be two external areas but now there is only
one, hence the reason for the reduction in capacity. Eric
Dearie, Licensing Standards Officer said that he was happy 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. . |
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GAMBLING ACT 2005- APPLICATION FOR AN ADULT GAMING CENTRE |
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Please see attached
Report together with layout plan of the premises. Additional documents: Minutes: Paul
Fairclough, Dan Goodall and Mick McLaughlan attended
on behalf of the applicant. Mr Goodall advised that the premises would be
monitored by CCTV and it was the only adult gaming centre in the area. The
Chair asked Mr Goodall how it would be monitored and he said that staff will
record customers and observe how much time they spend on the premises. Fiona
Howard asked Mr Goodall if he was aware of gambling issues and he replied that
he was. The
Chair noted on the plan there would be 10 machines and Mr Goodall said that
this was correct, 2 of which, would be category B3. The
Chair moved to grant the application as applied for. With
no-one else being minded, this became the decision of the Board. |
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REVIEW OF PERSONAL LICENCES |
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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 licences. |
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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 licences. |
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ANY OTHER BUSINESS |
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Payment of Annual Licensing Fees All Annual fees for the period 2022/2023 have now been paid. Minutes: It was noted that all annual fees had been paid. |
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Review of Statement of Licensing Policy- Report by Depute Clerk to follow Minutes: Susan
Mair, Depute Clerk spoke to
the terms of her report and advised of the requirement to review the Board’s
Statement of Licensing Policy and agree on a process for doing so. |
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DATE OF NEXT MEETING The next meeting of the Licensing Board will be held on 27TH June 2023 at 11.00am. Minutes: The next meeting of the Licensing Board will be held by Skype on Tuesday 28th June 2023 at 11.00am. |