Agenda and minutes

Argyll and Bute Licensing Board - Tuesday, 23 April 2019 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 Gordon Blair, Jean Moffat and Sandy Taylor.

2.

DECLARATIONS OF INTEREST

Minutes:

Richard Trail and Lorna Douglas declared an interest in Item 6(d). Lorna Douglas declared an interest in Item 9(a).

3.

APPROVAL OF MINUTES OF LICENSING BOARD MEETING OF 26TH FEBRUARY 2019 pdf icon PDF 89 KB

Minutes:

The Minutes of the Meeting held on 26th February 2019 were submitted and approved.

4.

APPLICATIONS FOR GRANT OF A PREMISES LICENCE

4a

The Barcaldine Castle, Benderloch, Oban, PA37 1SA pdf icon PDF 42 KB

Summary Sheet attached – Item 4a

Additional documents:

Minutes:

The applicant, Abbie Baxter appeared and spoke to the terms of the application. The premises are going to be running principally as a bed and breakfast establishment. They have just opened to the public and would like to apply for a licence to be able to hold weddings and other functions and offer the guests an alcoholic drink, mostly wine.

 

Eric Dearie, Licensing Standards Officer advised the Seasonal Variation was outwith Board policy. He also advised the outdoor drinking times were outwith Board policy as they had applied for 9pm rather than 8pm for children and young persons. However, this may not be a problem as the premises were not near any residential properties.

 

Rory Colville asked for further details regarding the times children under 14 are permitted on the premises. The applicant advised that the majority of their guests come from all over the world to celebrate their honeymoons, anniversaries etc. There is a large open fire and having children in the premises creates a different kind of atmosphere. She further advised that children are permitted for afternoon teas and they will also be permitted for functions.

 

The Chair moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board.

 

5.

APPLICATION FOR GRANT OF A PROVISIONAL PREMISES LICENCE

5a

The Hill House, Upper Colquhoun Street, Helensburgh, G84 9AJ pdf icon PDF 47 KB

Summary Sheet attached – Item 5a

Additional documents:

Minutes:

Jonathan Guy, Solicitor, Edinburgh appeared together with Emma Chalmers, Manager of the premises. He explained the premises is an early 20th century house designed by Charles Rennie Mackintosh. There has been a mesh box put around the building to protect it from the elements whilst repair work is being undertaken and a visitor centre is being constructed.  There will be walkways around the outside of the building. It is a tourist attraction and there is to be a retail shop with a small selection of gifts, a café with snacks, lunches and they wish to be able to sell alcohol also. There will be evening meals and rooms available for hire for events. There will be no more than 100 people in the house at any one time.

 

They also wish to utilise the lawn area for events where they will erect small tepees for gin festivals and the like. There would be no more than 100 people on the lawn at any one time and any live music will be stopped by 10pm at the latest.

 

Raymond Park, Licensing Standards Officer advised that with regard to weddings being held in marquees, Environmental Health had concerns about being so close to the neighbouring properties. He further advised that when the car park was completed there would be spaces for 60 cars.

 

Richard Trail asked for further details regarding the tepees. He asked where guests would be getting served and where they would be drinking, and whether there was any covered area for them. Jonathan Guy explained it takes up about half of the lawned area. There will be a bar in one area and benches and other seating in other parts of the tepee. They can also walk around outside.

 

Richard Trail asked if the tepee would only be erected for one day. Jonathan Guy confirmed this would be the case and said they would be happy to limit the number of events.

 

Rory Colville asked for an explanation as to why they require to sell alcohol. He stated the National Trust is for Scotland’s national treasures and wanted to know why they needed to sell alcohol.

 

Jonathan Guy replied that a tourist might like a glass of wine or beer with lunch. In the evenings, a group of architects might like a private dining event and would like a glass of wine with their evening meal. Some people might like a drink on the lawn at an outdoor function. He added it would all be done in a very sensible way. He advised there were three personal licence holders and the premises manager would also be there full time.

 

Lorna Douglas enquired about the normal trading hours to which Jonathan Guy replied it would be 10am to 6pm. She further asked about the capacity of the premises. The figure of 500 was given on the application. Jonathan Guy advised the original figures are not necessary and can be reduced to 100 people in the house and 100 in the tepee.

 

Lorna Douglas enquired if the roof terrace was included in the licensed area and the safety aspect of that. Jonathan Guy advised there is space for 40 people to sit on the roof terrace and the barrier is shoulder height.

 

Raymond Park explained the roof terrace was in a separate building to the rest of the house and if you are sitting you cannot see over the edge. You need to stand up to see over. He advised the layout plan needs to be clearer.

 

Jonathan Guy advised alcohol can only be consumed in café areas, not on walkways or in the house.

 

The Chair asked for clarity over the plan. He stated the ticket office and shop were on the ground floor, the roof terrace on the second floor, café on the first floor but you can get to the roof terrace from the café? Jonathan guy confirmed this was correct.

 

The Chair then asked how big the lawn was and stated that the tepee was more of a marquee if it takes up half the lawn. Jonathan Guy advised it was probably similar in size to the Council Chamber. Raymond Park suggested delicensing the outside area and using occasional licences if it would just be used occasionally. The Chair replied he did not have a problem with the outside area. He was just trying to clarify whether it was a tepee or a marquee. Jonathan Guy suggested he could remove all reference to a marquee in the licence and use occasional licences if a marquee was to be erected

 

The Licensing Board adjourned to further consider the application. On resuming:-

 

The Chair advised that a Noise Management Plan would be required for the outside area.

 

Rory Colville asked about the nature of live performances.  Jonathan Guy confirmed the only time there would be live music would be for the gin festival. It would be small live bands but no amplified music.

 

Lorna Douglas requested further clarification on the capacity of the premises. Jonathan Guy confirmed there would be a maximum of 200 in the house and 100 in a marquee.

 

Raymond Park, Licensing Standards Officer again suggested delicensing the outdoor area and using occasional where required.

 

The Clerk advised this would also give flexibility of the terminal hour for individual events.

 

The Chair moved to grant the interior as applied for and to use occasional licences for the outdoor area. The roof terrace comes under the interior and will close at 6pm. A noise management plan is also to be agreed.  Amended layout plans are to be submitted and an amended operating plan. Moved the application be granted subject to these being received.

 

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

 

6.

APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE

6a

Gelatoburger (formerly Kitchen Garden), 14 George Street, Oban, PA34 5SB pdf icon PDF 56 KB

The applicant wishes to vary the licence as follows:-

1)  To add the provision to serve take away meals, snacks and non-alcoholic beverages.

2)  Minor changes to the layout plans which include change to the public toilet layout, change to kitchen layout, removal of cellar and introduction of staff room on first floor.

3)  To be open beyond core hours for the service of take away food and soft drinks when Oban Live is on.

4) Change to the description of the premises.

 

Summary Sheet attached – Item 6a.

Additional documents:

Minutes:

Sandy Murray, Solicitor, Oban appeared on behalf of the applicant. There was a variation submitted at the February Licensing Board Meeting which was granted. This is a tidy up exercise following on from that variation. They also want to be able to offer takeaway food which is ancillary to the main purpose of the business. There are also one or two minor changes to the layout of the premises. They also wish to be able to stay open late during Oban Live. Its gets very busy and there will be demand from people looking for food.

 

Robin Currie asked if they would wish to be able to stay open until 3am on those two nights to which Sandy Murray confirmed this would be the case. The Chair confirmed they would also require a Late Hours catering licence.

 

The Chair moved to grant the application subject to receipt of a Late Hours Catering licence for Oban Live.

 

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

 

6b

Jura Hotel, Craighouse, Isle of Jura, PA60 7XU pdf icon PDF 43 KB

The applicant wishes to vary the licence as follows:-

 

1) To add an outside eating area to the front of the hotel.

2) To allow children and young persons to be in the bar without consuming a meal.

3  To extend the terminal hour for children and young persons from 9.30pm to 10.00pm.

4) To add films as an activity on the licence.

5) To amend the wording at question 5(f) any other activities.

 

Summary Sheet attached – Item 6b

Additional documents:

Minutes:

The applicant, Andrew McCallum appeared and spoke to the terms of the application which sought to add an external area to the front of the hotel. This is the only licensed premises on the island and they would like to allow children to be on the premises without having to consume a meal. They are also the only place on the island to do evening meals and they are looking to extend the terminal hour for children and young persons to 10.00pm.

 

Eric Dearie, Licensing Standards Officer confirmed it was suitable for an external drinking area.

 

Rory Colville advised he had some concerns with children being in the bar area where they could be exposed to pool tables and darts. The applicant confirmed the pool table was used in winter only and no children are permitted to play darts. He further advised they would be vigilant to ensure children are not exposed to drunkenness.

 

Lorna Douglas enquired about the road between the hotel and the outdoor area and asked if there were any issues with the road. Andrew McCallum replied they take all food out themselves. They used occasional licences last year to allow an outside area to be utilised and there were no problems at all. The road is not a main road. The only place past the hotel is a petrol station which has very limited hours.

 

Andrew McCallum advised that the hotel was very busy until approximately 2pm and then is quiet until around 5pm. They wish to cover the afternoons for coffee, hot chocolates etc. so that children can come in and do not have to take a meal.

 

The Chair thought that the wording in respect of this was very confusing in the Operating Plan and asked if it could be changed to clarify the position. He enquired if the applicant wanted flexibility for children and young persons to have a meal or not. The applicant confirmed this was the case

 

Richard Trail added that in the unique circumstances the hotel finds itself he thought we could be flexible.

 

Andrew McCallum asked if wording could be added to the licence that children cannot sit at the bar.

 

The Chair agreed and moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board.

 

6c

Port Charlotte Store, Main Street, Port Charlotte, Isle of Islay, PA48 7TX pdf icon PDF 42 KB

The applicants wish to vary the licence as follows:-

1)  To extend on sales terminal hour to 8pm Monday to Saturday and 6pm on a Sunday.

2)  Change of layout plan to add a chiller cabinet.

3)  Increase in off-sales capacity.

4) To amend the seasonal variation

 

Summary Sheet attached – Item 6c.

Additional documents:

Minutes:

It was noted the applicants, Mr and Mrs Hunter were not present and had asked to be excused.

 

Eric Dearie, Licensing Standards Officer outlined the application and advised the variation was to increase the alcohol capacity and extend the hours. He had no problem with it. It was a small increase and the overall percentage of the shop given over to alcohol was only 3.3%. They also wished to amend the seasonal variation.

 

The Chair asked Eric Dearie if he was happy with the seasonal variation to which Eric Dearie replied that he was.

 

Having considered the foregoing, the Board agreed to grant the application as applied for.

 

6d

The Clyde Bar, 62-64 West Clyde Street, Helensburgh, G84 8AX pdf icon PDF 56 KB

The applicant wishes to vary the licence as follows:-

1)    To add children and young persons conditions to the licence. They are not allowed on the premises at present.

 

Summary Sheet attached – Item 6d.

Minutes:

It was noted that Lorna Douglas and Richard Trail left the meeting.

 

John Rapallini, the applicant appeared and spoke to the terms of the application which sought to allow children and young persons to be permitted to the premises for private events only.

 

Raymond Park, the Licensing Standards Officer had visited the premises recently and John Rapallini has advised the décor would be amended to suit. He also advised the pool table would be removed for any events which take place within the premises.

 

The Chair asked how many events  would be likely to take place. The applicant explained that an ex-member of staff was getting married and wanted her wedding to be held there. He is not anticipating any other events.

 

The Chair enquired if there were baby changing facilities and the applicant replied they would be putting them in the disabled toilet.

 

The moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board.

 

Lorna Douglas and Richard Trail returned to the meeting.

6e

The Creggans, Shore Road, Kilcreggan, G84 0JH pdf icon PDF 59 KB

The applicants wish to vary the premises licence as follows:-

1)  To allow children and young persons to remain on the premises until 9.00pm or until the terminal hour if attending an event.

2)  To extend the terminal hour for the outside area to 10pm. At present the terminal hour is 8pm.

 

Summary Sheet attached – Item 6e.

Additional documents:

Minutes:

The applicant, Derek Fowlis appeared and spoke to the terms of his application which sought to allow children and young persons to remain on the premises until 9pm and to extend the terminal hour for the outside area until 10pm. At present the terminal hour is 8pm.The applicant explained that there was a lot of tourism in the village and a lot of money had been ploughed into the village recently.

 

Raymond Park, Licensing Standards Officer advised that the seating area had been made bigger. With regard to the conditions for children and young persons, 9pm falls in line with last orders for food. There is a special children’s area which is away from the pool table and bar and there are to be no children near to the smoking area.

 

Richard Trail asked if children would only be there for a meal. Derek Fowlis explained they would be there for meals but also for social occasions. It is the only place in the village to serve food and if visitors are foreign, they tend to not eat until later in the evening. Richard Trail stated if children were in pubs, they should only be there to consume food.

 

Robin Currie replied that you had to move with the times and people do want to take their children into pubs, especially when we are trying to promote a café culture policy.

 

Rory Colville advised that at the present time, the premises is a public house. He said he was keen to encourage families, tourism and family friendly places but he had an issue when children were in places with a pool table or fruit machines. He asked the Licensing Standards Officer for his opinion on the matter.

 

Raymond Park advised that some places are more suitable than others and stated that sometimes families do find it difficult to find somewhere to go and it depends on location.

 

The applicant advised it was not just a public house. It was the only place in the village which promoted tourism. They are steering towards doing more food and were trying to cater more for families. He said the owner of the premises has invested a lot of money to improve the premises.

 

With regard to the outdoor area, the Chair noted there was flatted accommodation above and asked how the neighbours would feel about the later terminal hour. The applicant advised they got on well with the neighbours. They were willing to work with Environmental Health to put a noise management plan in place.

 

The Chair asked about the safety of the outdoor area with it being so close to the road. The applicant advised it was fully fenced off and the door from the premises brings you straight onto the decking area.

 

The Chair moved to grant the application as applied for.

 

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

6f

Tigh na Uruisg, Upper Kilchattan, Isle of Colonsay, PA61 7YR pdf icon PDF 44 KB

The applicants wish to vary the premises licence as follows:-

1)  To amend the wording at 5(f) any other activities.

2)  To add children and young person’s conditions. They are not currently permitted on the premises.

3) To amend the description of the premises.

4)  Change of layout plan. Inclusion of distillery buildings in the licensed area.

 

Summary Sheet attached – Item 6f.

Additional documents:

Minutes:

Sandy Murray, Solicitor, Oban appeared on behalf of the applicants. He said the applicants sent their apologies for not appearing personally. He explained the premises was a small gin distillery. There are currently no children allowed on the premises. They want to be able to do distillery tours and want children to also have access to these tours and enter the premises of the gin distillery. The hours for the tours are limited. They also wish to be able to do private gin tastings and sampling in the distillery.

 

Having considered the foregoing, the Board agreed to grant the application as applied for.

 

7.

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

7a

The Burnside Bar, 1 Burnside Street, Campbeltown, PA28 6JE pdf icon PDF 38 KB

The applicant wishes to vary the licence as follows:-

1)  To add an outdoor drinking area.

2)  Change of layout plan to reflect this.

 

This is an application which was first considered at the Board Meeting on 24th June 2014. It was continued until such time as the area at Burnside Square was pedestrianised. The applicants have advised that this is to happen in the near future and they would therefore like their application to be reconsidered to allow an outside area to be added.

 

Summary Sheet attached – Item 7a

 

 

Additional documents:

Minutes:

The applicant, James McLean appeared on behalf of the application and asked if the outside area can now be granted.

 

Rory Colville advised that the traffic regulation order had now been concluded and Harvey’s Lane was no longer a road. He suggested a site visit so that all the Board Members could see the area for themselves. They would need to comply with the Café Culture guidelines but would like to be flexible.

 

The Chair confirmed that would be very helpful. He had the guidelines in front of him and advised that the pavement should be 1.8 metres wide but the pavement at the premises was only 1.2 metres wide. The applicant advised that could be amended.

 

The Chair asked for a site visit to clarify matters and suggested 14th May.

 

The Clerk suggested asking someone from Roads to come long also to give their input.

 

The Chair moved to continue consideration of the application until the site visit and meeting on 14th May. With no-one being otherwise minded, this became the decision of the Board.

 

8.

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

8a

Danielle MacIntyre, 10c Alma Crescent, Oban, PA34 4LT

The applicant did not appear at the November or February meetings and the application has been further continued to give her one more chance to attend. She has indicated she will be present on this occasion. Attached are copies of the Police Scotland letter dated 23rd October 2018 together with letters from us requesting her attendance.

Minutes:

The applicant, Danielle MacIntyre was present at the hearing. She explained that at the time of the convictions, she was in a bad place and was unemployed. She wants to leave all that behind and move on.

 

The Police confirmed she has not been in trouble since the convictions which were three years ago.

 

The applicant advised she works as a waitress at Lochnell Arms Hotel and her main job is to serve alcohol.

 

Rory Colville was pleased that the applicant had attended today’s meeting and said he had no hesitation in granting the application.

 

The Chair moved that the application be granted. With no-one else being otherwise minded, this became the decision of the Board.

 

9.

APPLICATION FOR REVIEW OF A PERSONAL LICENCE

9a

Mark Tyson, 28 Craigendoran Avenue, Helensburgh, G84 7AZ

A copy of the letter to the licence holder together with letter from Police Scotland dated 27th March 2019 is attached.

Minutes:

It was noted that Lorna Douglas left the meeting.

 

David Gallacher, Solicitor appeared on behalf of the licence holder.

 

Police Scotland read out their review letter.

 

David Gallacher apologised for Mr Tysons non-appearance and explained he had been suffering from ill-health. He further claims that Mr Tyson maintains his innocence and asked that we refrain from taking any action against Mr Tyson until after the court case.

 

The Chair asked if the trial date was set for 18th July and the Police confirmed that was correct.

 

Roddy McCuish asked if Mr Tyson was breathalysed at the time. David Gallacher advised he had been breathalysed but repeated that he maintains his innocence.

 

Rory Colville thought they should wait until after the court case before making any decision.

 

The Chair thought it was a cause for concern but advised it was premature to deal with the matter before the Court have made a decision. He moved to continue the matter to the Licensing Board Meeting on 3rd September. Audrey Forrest seconded this decision.

 

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

 

Lorna Douglas returned to the meeting

10.

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

10a

Michael Porter, Tigh Buidhe, Croft Road, Oban, PA34 5JN

The applicant did not appear at the  February meeting and the application has been continued to request he attend at this meeting. Letter from Police Scotland dated 14th January 2019 attached together with our letters to the applicant.

Minutes:

It was noted that Michael Porter was not present at the meeting.

 

The Police advised they were no further forward with the Fiscal service and his behaviour in December 2018 had still not been to Court. The last matter took almost 10 months to come to Court and they decided that no further action was to be taken at that time.

 

Rory Colville proposed that the licence be revoked as the licence holder had not appeared for a second occasion.

 

The Chair moved to revoke the licence.

 

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

 

10b

Marko Curic, Flat 2/1, 26 Raploch Avenue, Glasgow, G14 9FF

The applicant did not appear at the  February meeting as he was out of the country and the application has been continued to request he attend at this meeting. Letter from Police Scotland dated 7th February 2019 attached together with our letters to the applicant and emails from the applicant and his employer confirming he was out of the country.

 

Minutes:

The Chair asked that the press and public be excluded for this agenda item. The Members agreed.

 

Archie MacIver appeared together with the licence holder.

 

The Police advised they were no further forward. No trial date has been set and there is nothing further to add at this time.

 

Archie MacIver advised the Police had summed matters up. He explained the allegation is completely denied and should this matter ever see a trial Mr Curic will be making a strong defence. He asked for it to be continued to a future date.

 

The Chair asked if he had any idea how long this could take. Archie MacIver confirmed it could be at any time or a prosecution may never take place.

 

The Clerk suggested continuing the matter until such time as matters are brought to a conclusion.

 

Police Scotland advised if they saw it on the agenda they would keep a look out for it and let us know when it comes to Court.

 

The Chair moved that the matter be continued to June.

 

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

 

10c

Richard MacDougall, 10 Corran Brae, Oban, PA34 5AL

The applicant did not appear at the  February meeting and the application has been continued to request he attend at this meeting. We have been notified that he had changed address but has advised he will be attending at this meeting. Letter from Police Scotland dated 7th February 2019 attached together with our letters to the applicant.

 

Minutes:

Sandy Murray appeared with the licence holder, Richard MacDougall.

 

Police Scotland read out their letter.

 

Sandy Murray explained the licence holder is the owner of a licensed shop in Oban. The premises are well run and there have never been any issues relating to the premises. The licence holder realises his behaviour fell below standard. He was struggling with the breakup of a relationship and accepts his behaviour was unacceptable.  Sandy Murray asked for this to be dealt with by way of endorsement.

 

Robin Currie’s view is that the licence holder was wrong but the charges were between him and an ex-partner and totally different to running a shop.

 

Sandy Murray said the licence holder realises that if he does anything like this again his licence would certainly be in jeopardy. His client accepts he has not complied with the licensing objectives and the same kind of thing will not happen again.

 

Roddy McCuish advised that Dunollie Stores was a very well run shop. He thinks the licence holder has provided a good explanation of the matter and proposed an endorsement.

 

The Chair moved that the licence be endorsed.

 

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

11.

REVIEW OF PERSONAL LICENCES pdf icon PDF 59 KB

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

Minutes:

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

12.

CONSIDERATION OF A REVIEW OF A PREMISES LICENCE

12a

The Bute Piper, 23 Marine Place, Rothesay, Isle of Bute, PA20 0LF

A copy of the letter from Police Scotland dated 13th March is attached.

Minutes:

The Chair advised that the Board required to consider whether there was sufficient evidence to hold a Review.

 

Police Scotland advised that the matter was very straightforward. The operating plan within the premises licence does not admit adult entertainment and therefore the licence holder had been charged.

 

The Board Members agreed to continue to a full review hearing which will be held on 25th June at the next Licensing Board Meeting.

 

13.

APPLICATION FOR REVIEW OF A PREMISES LICENCE

13a

The Logie Baird, 8 James Street, Helensburgh, G84 8AS

A copy of the letter from Police Scotland dated 7th February 2019 is attached together with the list of incidents, LSO’s Report on the Review and our letter to the licence holder.

Minutes:

Archie McIver, Solicitor, Glasgow appeared together with licence holders, Milan and Cara Nikolic.

 

The Chair referred to a letter dated 22nd April, 2019 which had been received by e-mail the previous day from Brendan O’Hara MP. The issue was whether the letter should be considered as part of the Board’s deliberations. Copies of the letter were provided to Archie MacIver and Inspector David Quinn and their views were sought. Archie MacIver advised that he considered the letter was a fair reflection of the situation and he was happy for it to be considered by the Board. Inspector David Quinn advised that he was of the view that there were inaccuracies in the letter and therefore he would not wish it to be considered by the Board.

 

After seeking the views of members of the Board, the Chair moved that the letter not be considered and this became the decision of the Board.

 

Inspector David Quinn referred to the letter of 7th February, 2019 from the Chief Constable together with the accompanying Appendices A, B, C and D which set out in detail a total of 108 incidents related to the premises. He advised that 98 of these incidents had occurred since the current operators took over the running of the premises in February 2017 and they almost all took place between the hours of midnight and 2am.   He did not intend to go through each of the incidents individually but wished to highlight features of extreme intoxication, disorder and crimes of dishonesty and violence.

 

Mr MacIver advised that his clients’ relationship with the town of Helensburgh dates back to 2010.   They have taken over a number of failing businesses and turned them around.   They now operate a total of four premises, three of them very successfully.  He stated that the Logie Baird has had a chequered history over the years with a number of operators who have tried and failed to make the venture a success.  His clients took over the premises in February 2017 and have invested in it.  They employ a total of 50 plus staff across the four premises and have invested close to £1 million.

 

Mr MacIver stated that a great many of the incidents referred to in the Chief Constable’s letter showed where staff had acted appropriately.  Some of them related to occasions where customers had reacted badly when staff had refused to serve them or where people had been refused entry to the premises.  This left a kernel of incidents which could have been handled better.

 

He further stated that there was a degree of commonality regarding many of the incidents in that the protagonists or victims were Navy personnel. In support of this, there was no Navy presence in the town over the festive period and there were relatively few issues.  His clients feel that there is a lack of a deterrent effect when Navy personnel are involved.

 

The reason for the incidents is that these are a busy set of premises, often operating at near or full capacity, particularly over the weekend.  His clients do wish to keep problems to a minimum and, since the turn of the year, the premises have been operating well with increased stewarding and vigilance together with the reinforcement of staff training.   An additional CCTV camera has been installed to cover a blind spot and there has been additional training for staff.   The stewards are now also patrolling inside the premises and there are female stewards on duty.

 

Mr MacIver concluded by saying that these are a very busy set of premises and not all the blame should be directed towards the operators.  They have taken steps to address issues and a more robust deterrent/prosecution in relation to the troublemakers would be of assistance. He asked that no drastic action be taken and the premises be able to continue to operate as they do now.

 

Raymond Park, Licensing Standards Officer was then asked for any comments he may have.  He referred to his report dated 1st April, 2019 which contained all the relevant information from his perspective.   He advised that he mainly acts as a go-between.  He has been advised by the Police of 10 calls from 10th March to 20th April. He received a call from a neighbour in May 2017 regarding patron noise.  He followed this up with the Designated Premises Manager and their licensing consultant.  The noise management plan was updated and he has received no further complaints since then.

 

He advised that he has attended a number of meetings over the last couple of years along with the Police and the Designated Premises Manager to discuss a number of issues in relation to the premises.

 

He further advised that he had carried out the annual inspection of the premises on 4th April, 2019 and had found the requisite documents and records to be comprehensive and up to date together with a rigorous staff induction programme in place.

 

Richard Trail noted that the Logie Baird was a “monitored” premises and asked what this meant. Inspector Quinn advised that “monitored” means that a premises gets regular visits. The Logie Baird was moved to the category of “problematic” on 26th November, 2018 which is the highest level.

 

Rory Colville asked Mr MacIver how the licensing objectives were being addressed.   Mr MacIver said that part of the difficulty was that a number of customers arrived at the premises having pre-loaded with alcohol elsewhere and it takes perhaps only one or two drinks to tip them over the edge.  He advised that the staff and the stewards have been reminded of the importance of assessing the state of sobriety of customers and ensuring they are asked to leave the premises when necessary.

 

The Chair asked the Police about the incident on 5th January, 2019 which had been referred to by Mr Nikolic. Inspector Quinn advised that the individual concerned had been taken to Clydebank Police Station and charged once he had  ...  view the full minutes text for item 13a

14.

REVIEW OF PREMISES LICENCES - NON-PAYMENT OF ANNUAL FEES

14a

Cowal Golf Club, 20-40 Ardenslate Road, Kirn, Dunoon, PA23 8LT

Cowal Golf Club had asked for further time to pay and the decision was made to continue the matter to the April Licensing Board. Attached is a copy of the letter from Cowal Golf Club requesting this.

Minutes:

It was noted that the Annual Fee in respect of Cowal Golf Club had been paid.

15.

ANY OTHER BUSINESS

16.

DATE OF NEXT MEETING

The next meeting of the Licensing Board will be held on Tuesday 25th June 2019 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT

Minutes:

The next meeting of the Licensing Board will be held on Tuesday 25th June 2019 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT.