Agenda and minutes

Argyll and Bute Licensing Board - Tuesday, 26 June 2018 11:00 am, NEW

Venue: Council Chambers, Kilmory, Lochgilphead

Contact: Margaret MacLean Tel: 01546 604128 

Items
No. Item

1.

APOLOGIES

Minutes:

Apologies for absence were intimated from Robin Currie, Gordon Blair, Sandy Taylor and Roddy MacCuish.

2.

DECLARATIONS OF INTEREST

Minutes:

It was noted that there were no declarations of interest.

3.

APPROVAL OF MINUTES OF LICENSING BOARD MEETING OF 24TH APRIL 2018

Minutes:

The Minutes of the Meeting held on 24th April 2018 were submitted and subsequently approved.

4.

APPLICATION FOR GRANT OF A PREMISES LICENCE

4a

'Carradales', Carradale, Argyll, PA28 6QG pdf icon PDF 65 KB

Summary Sheet attached – Item 4(a)

Additional documents:

Minutes:

Maurice Whelan appeared and spoke to the terms of the application. Mr Whelan explained that the premises were a high end luxury guesthouse which catered for small numbers of residents but also provided restaurant facilities to non-guests when numbers were low. Mr Whelan advised that bucks fizz and whisky would be offered with porridge for breakfasts and off sales would enable residents to have picnics with small bottles of wine and to allow the removal of any unfinished alcohol by guests after a meal.

 

Eric Dearie, Licensing Standards Officer advised that the seasonal variation applied for was out with the Board’s Policy but he did not have any concerns with the application.

 

Richard Trail wondered if non-residents would be having breakfasts. Mr Whelan replied that this would be unlikely as the premises would be functioning as a guesthouse. Mr Trail said that he was not happy with alcohol being provided with breakfasts.

 

Rory Colville commented on the large garden area and asked Mr Whelan why such a big area required to be licensed. Mr Whelan advised that this would allow the residents to stroll around the garden and there would be no restrictions.

 

The Chair asked if non-residents would be able to have evening meals. Mr Whelan replied yes and they could also use the garden area and have a glass of wine.

 

Jean Moffat wondered if the layout plan could be amended to remove the car park area and cover the garden area only. Mr Whelan explained that the driveway would require to be licensed in order to access the garden.

 

The Chair moved to grant the application as applied for.

 

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

 

4b

The Jam Jar, Roseland Lodge Park, Canada Hill, Rothesay, Isle of Bute, PA20 9EH pdf icon PDF 41 KB

Summary Sheet attached – Item 4(b)

Additional documents:

Minutes:

Ainsley Stewart appeared on behalf of the applicant and advised that a coffee shop had recently been added to the established business which would offer wines and beer for guests.

 

Raymond Park, Licensing Standards Officer explained that the business operated as a holiday park therefore the seasonal variation applied for, although out with the Board’s Policy, would be appropriate. Mr Park referred to the various activities and advised that the applicant wanted to expand the business to include functions with acoustic music and that ‘gaming’ would only relate to race nights. Mr Park added that the usual conditions would apply for the external drinking area.

 

Richard Trail asked Ms Stewart if the clientele would be solely from the holiday park and she advised it would be used by local patrons as well.

 

The Chair referred to the service counter and asked if the layout plan would be amended. Ms Stewart advised that she had already discussed this with the Licensing Standards Officer.

 

The Chair moved to grant the application subject to the amended layout plan and with a terminal hour for the external drinking area of 10.00pm for adults and 8.00pm for children and young persons.

 

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

 

 

4c

Victoria Halls, Sinclair Street, Helensburgh, G84 8TU pdf icon PDF 45 KB

Summary Sheet attached – Item 4(c)

Additional documents:

Minutes:

Graham Craig appeared on behalf of the applicant. Colin Crichton, Area Operations Manager, was also present. Mr Crichton advised that the premises had been operating under occasional licences for many years and now under new ownership, the applicant wanted to obtain a premises licence to cater for events such as weddings; shows; live music etc. The off-sales would allow for gin/wine tastings and permit customers to purchase bottles of alcohol. Mr Crichton moved to amend the terminal hour on a Sunday from 1.00am to 12 Midnight.

 

Raymond Park, Licensing Standards Officer advised that they were long established premises with a small external area which was securely fenced off.

 

Jean Moffat referred to the external area and asked Mr Crichton if vehicles would be able to use the front and the side of the building. Mr Crichton replied yes as the area would be used for weddings but on those occasions, the gates would be closed and barriers would be used to separate the area from the car park.

 

Richard Trail asked Mr Crichton if this area would be used purely for weddings and he replied yes.

 

The Chair also referred to the outside area and asked if it would be used until 10.00pm, for adults and 8.00pm for children and young persons. Mr Crichton stated that the area would be used for drink receptions and had no intention of using it as a drinking area. The Chair asked if the area could be delineated. Mr Crichton said that it could be delineated up to the driveway and added that having been in contact with neighbours, there would be no problems with the external area.

 

Rory Colville shared the Chair’s concerns and said it seemed acceptable for weddings but suggested that the premises be monitored in case of any future problems. Mr Colville required clarity regarding the external area and asked if wording could be incorporated into the premises licence to ensure that it would be used as intended. Susan Mair, Depute Clerk replied yes.

 

The Chair suggested a terminal hour of 6.00pm for the external area. Richard Trail proposed 8.00pm.

 

It was decided to agree the proposal, therefore the Board granted the application as applied for with a terminal hour of 8.00pm for the external area and the provision of a noise management plan.

 

 

 

 

5.

APPLICATION FOR GRANT OF A PROVISIONAL PREMISES LICENCE

5a

Ellies Cellar, 18 Colquhoun Square, Helensburgh, G84 8AB pdf icon PDF 44 KB

Summary Sheet attached – Item 5(a)

Additional documents:

Minutes:

Gordon Polley appeared on behalf of the applicant and explained the existing premises had been operating for 5 years but this had been the earliest opportunity to move to smaller premises which would be less costly.

 

Raymond Park, Licensing Standards Officer advised that building works had still to be carried out. He referred to the tasting events advising that if alcohol was free of charge, on sales would not be required but if these were charged by way of ticket sales, this type of licence would be required.

 

Rory Colville asked for clarity regarding these events.

 

Gordon Polley stated he had other properties and hosted wine evenings where small measures were available but no licence was required. Mr Polley said that different Licensing Boards had different views regarding these type of events.

 

Mr Park confirmed that if there was a charge for these events then on-sales would be required.

 

The Chair asked at what time would these events be held. Mr Polley advised 7.30pm to 9.30pm but up to 10.00pm to allow customers to purchase bottles of alcohol.

 

The Chair moved to grant the application with the addition of on-sales from 12 Midday to 10.00pm.

 

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

6.

APPLICATIONS FOR MAJOR VARIATION OF PREMISES LICENCE

6a

Ardlui Hotel, Ardlui, Arrochar, G83 7EB pdf icon PDF 38 KB

The applicant wishes to vary the licence as follows-

1) Amendment and extension to the licensed outdoor area.

2) Addition of a seasonal variation.

 

Summary Sheet attached – Item 6(a)

Additional documents:

Minutes:

Derek Robertson, Solicitor, Alexandria appeared on behalf of the applicant and spoke to the terms of the application which sought to amend and extend the licensed external area and to include a seasonal variation. Mr Robertson referred to the layout plan and advised that his clients wished to withdraw the marquee aspect of the application for now and advised that the marquee would require planning permission from the National Park Authority even although it would only be a temporary structure and it would require to be removed after each event. Mr Robertson said that a designated pathway would be made from the hotel to the beer garden and amended plans would be lodged showing this in order to make it clearer. He explained the layout of the outdoor area which consisted of a decked area at the hotel, an extensive beer garden and a further area near the marina with an upturned boat, the Lady Reg, which would be used as a bar. Mr Robertson confirmed that the terminal hour for the new area would be 10.00pm for adults and 8.00pm for children and young persons. He added that plastic containers would be used. Mr Roberson referred to the seasonal variation and explained that maintenance was carried out in the earlier part of the year and there would be restricted times during that period.

 

Raymond Park, Licensing Standards Officer stated that he had a number of discussions with the licence holder and requested the usual conditions for the external area and that the submission of amended plans would be ideal. Mr Park suggested that some lighting  could be used for the areas at night. He added that he was liaising with Environmental Services regarding a noise management plan.

 

Jean Moffat said that she had no problem with the application.

 

Richard Trail wondered if there were any resident neighbours. The Chair advised it was an isolated community.

 

The Chair moved to grant the application subject to the provision of an amended plan and the drawing of the marquee which would require to be approved by the Chair and the Licensing Standards Officer; a terminal hour of 10.00pm for adults and 8.00pm for children and young persons and a noise management plan to be implemented.

 

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

6b

Ben Cruachan Inn, Lochawe, Argyll, PA33 1AQ pdf icon PDF 75 KB

The applicant wishes to vary the licence as follows:-

1)  To vary the terminal hour to 11pm Sunday to Thursday nights and 12 midnight Friday and Saturday nights.

2)  To amend the seasonal variation.

3)  To amend the Children and Young Persons conditions.

4)  To add dance, theatre, films, quiz nights, craft fairs and community/charity events as activities on the licence.

 

Summary Sheet attached – Item 6(b)

Minutes:

The applicant, Tracey Peedle appeared and spoke to the terms of her application which sought to vary the terminal hour from 12 Midnight to 11.00pm, Sunday to Thursday and from 1.00am to 12 Midnight, Friday and Saturday; to amend the seasonal variation; to amend the children and young persons’ conditions and to add various activities to the licence. Ms Peedle explained that this was a relatively new business and realised that some changes required to be made. Ms Peedle wanted to extend the seasonal period stated on the existing variation and also to hold more events within the premises.

 

Eric Dearie, Licensing Standards Officer stated that at the discretion of the licence holder, residents and guests of residents would be permitted to purchase alcohol until 2.00am.

 

Rory Colville complimented Ms Peedle in the reduction of operating hours.

 

The Chair moved to grant the application as applied for.

 

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

6c

Food for Thought Restaurant, 10 Longrow South, Campbeltown, PA28 6AH pdf icon PDF 64 KB

The applicant wishes to vary the licence as follows:-

1)   Addition of off-sales to the licence.

 2)  Addition of takeaway meals, including soft drinks, teas and coffees as activities.

3)   To change the wording at Children and Young Persons conditions.

 

Summary Sheet attached – Item 6(c)

Additional documents:

Minutes:

The applicant, William Brodrick appeared.

 

Susan Mair, Depute Clerk advised that an objection had been received which had been signed by five tenants who live above the premises. It was confirmed that none of the tenants were present at the meeting.

 

Mr Brodrick said that he was not aware of any complaints and that if the objectors had contacted him with any issues he would have tried to resolve them. Mr Brodrick stated that off-sales was required to allow the sale of bottles of rare whiskies and local gin and to enable his customers to take away unfinished bottles.

 

Eric Dearie, Licensing Standards Officer said the application also requested an extension of the terminal hour to 10.00pm for children and young persons and to allow them to be unsupervised when using the take-away food facility.

 

Rory Colville referred to the internal fan and asked if this was on at all times. Mr Brodrick replied yes and explained that it could be set at various levels and brought in fresh air to the back of the premises.

 

The Chair moved to grant the application as applied for.

 

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

6d

Lephincorrach Distillery, Torrisdale Estate, Carradale, Campbeltown, pdf icon PDF 65 KB

The applicant wishes to vary the licence as follows:-

1) To amend the on sales terminal hour to 22.00.

2) To allow children under the age of 5 on the premises.

3) To add outdoor drinking as an activity on the licence.

4) To extend the premises to add an adjoining building to be used as a visitor centre.

 

Summary Sheet attached – Item 6(d)

Additional documents:

Minutes:

Niall MacAllister-Hall appeared on behalf of the applicant and spoke to the terms of the application which sought to extend the on-sales terminal hour to 10.00pm; to allow children under the age of 5 on the premises; to include outdoor drinking as an activity and to extend the premises to add an adjoining building to be used as a visitor centre. Mr MacAllister-Hall advised that the business had been operating for just over a year and involved mainly online sales. Mr MacAllister-Hall explained that a tasting room and a shop was now available therefore tours could be carried out which would finish at 6.00pm and the terminal hour of 10.00pm would cover evening events. He added that customers would have the option to drink in the large garden area.

 

Eric Dearie, Licensing Standards Officer referred to the external drinking area and the usual terminal hour of 8.00pm for children and young persons and 10.00pm for adluts.

 

Rory Colville asked Mr MacAllister-Hall if he would be happy to amend the terminal hour for the external area to 8.00pm or 9.00pm.

 

Mr MacAllister-Hall stated he would be happy with a terminal hour of 9.00pm.

 

The Chair moved to grant the application as applied for with the amended terminal hour of 9.00pm for the external area.

 

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

6e

Lorne Bar, 249 Argyll Street, Dunoon, PA23 7QT pdf icon PDF 71 KB

The applicant wishes to vary the licence as follows:-

1)  To add markets as an activity within the beer garden two to four times a year.

2) To amend the terminal time for children and young persons from 10.00pm to 9.30pm.

 

Summary Sheet attached – Item 6(e)

Additional documents:

Minutes:

Archie MacIver, Solicitor, Glasgow appeared on behalf of the applicant, who was also present and referred to the application which sought to add markets as an activity within the beer garden, 2-3 times per year and to amend the terminal hour for children and young persons from 10.00pm to 9.30pm.

 

Susan Mair, Depute Clerk asked if there would an additional bar within the external area. Mr MacIver replied yes but only when the markets would be taking place and  therefore it would only be in use on a temporary basis.

 

Raymond Park, Licensing Standards Officer advised that the previous Christmas Fayre had been successful.

 

Sergeant Mairi Capaldi, Police Scotland referred to her representation (Appendix 1) which requested a terminal hour of 10.00pm for the external bar.

 

Rory Colville wondered how many markets would be held per year. Mr MacIver requested some flexibility. The Chair suggested four each year and this was accepted by Mr MacIver.

 

The Chair moved to grant the application to include up to four markets per year to take place within the beer garden and the external bar is only to be operational when the markets are taking place, and a terminal hour for the external bar of 8.00pm for children and young persons and 10.00pm for adults.

 

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

 

 

6f

Port Bannatyne Inn, 44-45 Marine Road, Port Bannatyne, Isle of Bute, PA20 0LW pdf icon PDF 74 KB

The applicant wishes to vary the licence as follows:-

1)  To amend the Children and Young Persons conditions.

2)  Addition of conference facilities, restaurant facilities , and dancing as activities on the licence.

3)  Removal of gaming as an activity.

4)  Updating premises manager's details.

 

Summary Sheet attached – Item 6(f)

Minutes:

The applicant, Rhona Watson appeared and spoke to the terms of the application which sought to amend the children and young persons conditions; add various activities; remove gaming as an activity and to update the premises manager’s details. Ms Watson said she wanted to create a more family friendly atmosphere.

 

Raymond Park, Licensing Standards Officer stated there was demand from the new Marina and that this was the only establishment in the village that offered food and permitted children and young persons.

 

Susan Mair, Depute Clerk clarified that the terminal hour would be increased to 10.00pm for children and 11.00pm for young persons, while consuming a meal and accompanied by an adult aged 18 years or over.

 

The Chair moved to grant the application as applied for.

 

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

 

6g

Sinbads, 115/117 Argyll Street, Dunoon, PA23 7DH pdf icon PDF 63 KB

The applicants wish to vary the licence as follows:-

1)  To amend the terminal hour to 2am Thursday to Saturday.

2)  Addition of dance facilities and restaurant as activities on the licence.

 

Summary Sheet attached – Item 6(g)

Minutes:

Niall Hassard, Solicitor, Edinburgh appeared on behalf of the applicant. The premises manager, Alison McNeill was also present. Mr Hassard spoke to the terms of the application which sought to amend the terminal hour from 1.00am to 2.00am, Thursday to Saturday and to add dance and restaurant facilities as activities. Mr Hassard advised that a noise management plan was being implemented, a CCTV system was in place and six members of staff were personal licence holders. Mr Hassard explained that his client was losing business due to neighbouring premises opening until 2.00am.

 

Rory Colville referred to the neighbouring premises and asked Raymond Park, Licensing Standards Officer if these premises were operating until 2.00am. Mr Park confirmed they were, apart from The Brewery which had closed recently.

 

Rory Colville queried the demand for a terminal hour of 2.00am and wanted reassurance that the 5 Licensing Objectives would be adhered to.

 

Mr Hassard stated that stewarding was in place from 10.00pm and although he could not comment regarding demand he stressed that customers were looking for this facility rather than returning home and consuming larger measures of alcohol. Mr Hassard stressed that it was not all about consuming alcohol as the premises would be having live entertainment such as bands and DJ’s.

 

Richard Trail said that health statistics in Dunoon were particularly worrying.

 

Mr Hassard advised that he could not make any comments regarding statistics but felt that off-sales was more of a concern as licensed premises provided smaller measures. He reiterated his point stating that patrons were better placed being supervised in licensed premises rather than consuming alcohol at home.

 

The Chair asked Mr Park if he thought that other premises would come forward and request the same terminal hour. Mr Park advised that some of these premises had converted to the new Licensing Act under grandfather rights, therefore they previously had the 2.00am in place.

 

The Chair moved to grant the application.

 

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

 

 

7.

APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE (continued from previous meeting)

7a

Tayvallich Inn, Tayvallich, by Lochgilphead, PA31 8PL pdf icon PDF 66 KB

The applicant wishes to vary the licence as follows:-

1)  To amend the seasonal variation.

2)  To add a terminal hour of 9.00pm for the new outdoor area.

3)  To amend the capacity figure from 90 to 120.

4)  Addition of outdoor drinking and eating facilities in the grassed area adjacent to the premises on the lochside.

5)  To amend the description of the premises.

6)  Slight amendment to the children's and young person's conditions.

 

Summary Sheet attached - Item 7(a)

Additional documents:

Minutes:

Brian Masson appeared on behalf of the applicant. The premises manager, Danny Briggs, was also present. Mr Masson explained that the application sought to amend the seasonal variation; add a terminal hour of 9.00pm for the new external area; to amend the capacity from 90 to 120; add outdoor drinking and eating facilities in the grassed area adjacent to the premises on the lochside; change the description of the premises and make a slight amendment to the children and young persons’ conditions. Mr Masson said that there were no letting rooms thus the business survived by providing food and drink only. He added that the new external area was required to meet demand and the proposed seasonal variation was a result of the quieter winter months.

 

Eric Dearie, Licensing Standards Officer referred to his report (Appendix 1).

 

Sergeant Mairi Capaldi, Police Scotland referred to her report (Appendix 2).

 

Mr Masson confirmed that he had made a pre-application enquiry to the Planning Department regarding the proposed external area and would go ahead eventually with a full application but he wanted to check if this application would be granted first. He confirmed he was happy to put up appropriate signage.

 

Audrey Forrest referred to the Police report which suggested that staff could deliver the alcohol to the new external area rather than the customers taking it and asked Mr Masson if he would consider this. Mr Masson replied yes but thought that this type of service would require extra staff.

 

Rory Colville commented that other premises had been granted similar applications with waiter service but would be happier if Roads and Amenity Services had been involved, therefore was hesitant to grant the application without their comments.

 

Mr Masson advised that the Roads Department had viewed the area and they did not have any issues with it.

 

Richard Trail enquired about the decked area. Mr Masson advised that it would be on the grassed area and enclosed with a ramp. Mr Briggs provided the Board with a further plan.

 

Rory Colville asked Mr Masson how many tables would be on the decked area and he replied 4 tables of 8.

 

The Board adjourned to consider the application further. On resuming, the Chair moved that the application be granted as applied for and, in relation to the outdoor area located across the road, subject to the following conditions:-

 

1)    Planning consent to be obtained;

2)    Appropriate warning signage to be erected on the road in each direction to highlight to drivers that patrons may be crossing the road at this location; and

3)    Any alcohol being taken to the external area is to be delivered by staff.

 

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

 

It was noted that Lorna Douglas entered the meeting.

8.

APPLICATION FOR REVIEW OF A PREMISES LICENCE (continued from previous meeting)

8a

Commercial Bar, Argyll Street, Dunoon, PA23 7HA pdf icon PDF 64 KB

A copy of the letter to the applicant together with letter from Police Scotland dated 16th January 2018 attached.

Minutes:

It was noted that this would be considered at Item 11a together with Items 11b and 11c.

9.

APPLICATION FOR GRANT OF A PERSONAL LICENCE

9a

Philip Gray, 10 Sealadh Na Mara, Bowmore, Isle of Islay, PA43 7AB pdf icon PDF 54 KB

A copy of the letter to the applicant together with letter from Police Scotland dated 1 May 2018 attached.

Minutes:

Susan Mair, Depute Clerk advised that Mr Gray had been in touch by email to advise that he was unable to attend due to work commitments.

 

Sergeant Mairi Capaldi, Police Scotland referred to her report (Appendix 3).

 

The Chair referred to the email and noted that Mr Gray had regretted what happened.

 

Rory Colville noted that the offence took place over 2 years ago but he requested that the applicant be advised of the Board’s disappointment and if he was to appear before the Board in future, any further matters would not be dealt with as leniently.

 

Richard Trail said that he would have liked Mr Gray to be present and supported Rory Colville’s comments.

 

The Chair said he would have preferred Mr Gray to be present as well but moved to grant the application and a warning letter to be included with the licence reflecting the points made by Rory Colville.

 

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

 

9b

Joshua Sivarajah, 54 Victoria Parade, Dunoon, PA23 7HU pdf icon PDF 54 KB

A copy of the letter to the applicant together with letter from Police Scotland dated 12 April attached.

Minutes:

The applicant, Joshua Sivarajah appeared and requested a private hearing. The Board agreed to consider the matter at the end of the meeting. Mr Sivarajah advised that he had taken over the premises a year ago having carried out refurbishments. He referred to the incident which took place 5 years ago and said he was guilty and that he served his Community Service.

 

Audrey Forrest stated that she supported the application and thought that Mr Sivarajah seemed to be doing well in his new business.

 

Lorna Douglas said she had no problem with the application.

 

The Chair moved that the application be granted.

 

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

 

 

 

 

10.

APPLICATION FOR REVIEW OF A PERSONAL LICENCE

10a

David Black, 7 Jane Road, Dunbeg, Oban, PA37 1QE pdf icon PDF 63 KB

A copy of the letter to the licence holder together with letter from Police Scotland dated 10 April attached.

Minutes:

It was noted that Mr Black was not present. The Board agreed to continue the matter to a future Board Meeting once the Court proceedings had been concluded.

11.

APPLICATION FOR REVIEW OF A PERSONAL LICENCE (continued from previous meeting)

11a

James English, Villa Novella, 19 Pilot Street, Dunoon, PA23 8DB

This review has been continued from the February Licensing Board Meeting at which time the decision was made to continue the hearing pending receipt of the report from the Procurator Fiscal. The Procurator Fiscal’s office has made the decision to take no further action.

 

I attach a copy of the original letter from Police Scotland dated 16th January 2018.

Minutes:

Archie MacIver, Solicitor, Glasgow appeared and advised he would deal with items 8a; 11a; 11b and 11c together. Mr MacIver confirmed that James English, Jill English and Lianne McVicar were all present.

 

The Chair explained the procedure.

 

Mr MacIver advised that James English would surrender his personal licence but stressed this was not an admission to anything and reiterated that no further action had been taken by the Procurator Fiscal. Mr MacIver said Mr English had been running the premises for 30 years without incident but now the licence had been transferred to the family company, with Lynsay English appointed as premises manager. Mr English, on occasions, dealt with the admin aspects of the business although he now resided in Spain for considerable periods.

 

Mr MacIver referred to the report from Police Scotland (Appendix 4) and said that matters started in May 2016  when there was an altercation with 2 males which had not been reported to the Police. At this time Mr English was not present but the staff on duty at the time said they had dealt with the matter appropriately. It was noted that the CCTV was not working when the incident happened.

 

There had been a further incident on 8th July 2016 when a female, who had previously been drinking in the bar was assaulted out with the premises. The female contacted Police Scotland. Mr MacIver wanted to clarify that the premises had closed at the correct time on the night in question. A further incident on 13th November 2016 was a result of an elderly male who had taken ill within the toilets of the premises. He had fallen and banged his head then went into cardiac arrest. The Scottish Ambulance Service was in attendance and the male was taken to hospital.

 

Mr MacIver advised that on 10th January 2017, Mr English had resigned from Pub Watch as he was not happy about how a situation had been dealt with regarding one of his customers. Mr MacIver  said that another incident on 16th January 2017 involved a male who was found by Police collapsed in the doorway of the premises at 12.07am. He entered the premises around 3.00pm and when he left, the staff said he did not seem that drunk. Mr English, who was not present at the time of the incident assured Police that he would speak to all his staff and remind them of their responsibilities.

 

Mr MacIver referred to another incident on 21st January 2017 when a female was assaulted in the toilets of the premises. She stated that the staff were not interested about what had taken place so she left and went to the Police Station to report the incident. Having spoken to staff, Police Scotland were told that there was no indication from the female that anything had happened as she left the premises without speaking to anyone.

 

Mr MacIver mentioned an incident on 15th September 2017 when  Police had observed lights on within the premises at 1.25am. When entering, there were approximately 15 patrons, the majority of which were playing pool. The officers spoke to the staff on duty who admitted that the premises should have been closed earlier. No further action was taken.

 

Mr MacIver said another incident took place on 4th November 2017 around 1.55am when Police had noted lights on within the premises. There were approximately 15 to 20 patrons present playing dominoes. Mr MacIver said Mr English stated there was no alcohol being served at the time and that he denied shouting and swearing at the Officers.

 

On 12th January 2018 Mr MacIver advised that Jill English had contacted Police Scotland after a male had been put out of the premises. Mr MacIver confirmed that other establishments were made aware of this via the Pub Watch scheme.

 

Mr MacIver stated that no further incidents had been reported since and that Mr English had accepted some responsibility for these incidents but this was after 30 years of an unblemished business. Mr MacIver said that Mr English was now stepping back from the business.

 

Richard Trail said it was unfortunate that the CCTV was broken on the night in question. Mr MacIver agreed but stressed there was no requirement to have this installed.

 

Rory Colville wanted to know what happened regarding the incident on 4th November 2017.

 

Mr MacIver explained that Lianne McVicar was behind the bar cashing up but she denied selling alcohol. Mr MacIver added that there was no real evidence to support the sale of alcohol and questioned why till rolls had not been taken by Police which would have confirmed whether patrons had been paying for drinks after the terminal hour.

 

The Chair asked why there were drinks still on the tables at 1.55am. Mr MacIver accepted that this should have been dealt with appropriately but he stated his clients have now changed the way they run the premises.

 

Lorna Douglas referred to the incident regarding the assault of a female and found it worrying that no staff member noticed her or approached her. Lorna Douglas said that the staff should be observing the premises and that awareness should be prior to any incidents.

 

Mr MacIver explained that the assault took place in the toilet and the female left the premises immediately after, hence the reason staff were not aware of the incident.

 

Rory Colville wondered what went wrong with the premises over this period as it was such a well -run business.

 

Mr MacIver explained that Mr English lost interest in the business. He referred to the incident regarding the dominoes competition and said that this was a clash of personalities and that over the period it resulted in various factors coming together but now Mr English had retired and a new generation had taken over which proved to be working well.

 

The Chair referred to the incidents regarding the dominoes and pool competitions and noted that Jill English and Lianne McVicar,  ...  view the full minutes text for item 11a

11b

Jill English, 49 Alexander Street, Dunoon, PA23 7EW

This review has been continued from the February Licensing Board Meeting at which time the decision was made to continue the hearing pending receipt of the report from the Procurator Fiscal. The Procurator Fiscal’s office has made the decision to take no further action.

 

I attach a copy of the original letter from Police Scotland dated 16th January 2018.

 

Minutes:

It was noted that this was considered at Item 11a.

11c

Lianne McVicar, Flat 1-2, 16D Victoria Parade, Dunoon, PA23 7LD

This review has been continued from the February Licensing Board Meeting at which time the decision was made to continue the hearing pending receipt of the report from the Procurator Fiscal. The Procurator Fiscal’s office has made the decision to take no further action.

 

I attach a copy of the original letter from Police Scotland dated 16th January 2018.

 

Minutes:

It was noted that this was considered at Item 11a.

12.

REVIEW OF PERSONAL LICENCES pdf icon PDF 79 KB

Revocation of Personal Licences where licence holders have not undertaken the required refresher training.

 

Please see list attached.

Minutes:

The list of personal licence holders (Appendix 5) who had not undertaken the required refresher training within the prescribed timescale was noted and the Board agreed to revoke their personal licences.

13.

ANY OTHER BUSINESS

Minutes:

It was noted that there was no other business

14.

DATE OF NEXT MEETING

The next meeting of the Licensing Board will be held on Tuesday 11th September 2018 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT.

Minutes:

It was agreed that the next meeting of the Licensing Board would be held on Tuesday 11th September 2018 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT.

Licensing Standards Officers Report pdf icon PDF 183 KB