Agenda and minutes
Venue: Council Chambers, Kilmory, Lochgilphead. View directions
Contact: Margaret MacLean Tel: 01546 604128
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APOLOGIES Minutes: Apologies were intimated from Richard Trail, Robin Currie, Roderick McCuish, Sandy Taylor and Gordon Blair. |
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DECLARATIONS OF INTEREST Minutes: Rory Colville declared an interest in respect of Item 6(b). |
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APPROVAL OF MINUTES OF LICENSING BOARD MEETING OF 23RD APRIL 2019 A copy of the Minutes will follow separately. Minutes: The Minutes of the Meeting held on 26th February 2019 were submitted and approved. |
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APPLICATIONS FOR GRANT OF A PREMISES LICENCE |
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Winterton, Crinan Ferry, Lochgilphead, PA31 8QH PDF 58 KB Summary Sheet attached
– Item 4(a) Additional documents: Minutes: Stephanie
Schwind-Parsons appeared and explained that the
business was an upmarket bed and breakfast establishment with a 3 course dinner
menu. Ms Parsons said she wanted to enhance the experience for her customers by
offering alcohol within the garden area. Ms Parsons added that it was a small
scale business with just 2 letting rooms operating from 11.00am to 11.00pm and
was not suitable for children. Eric
Dearie, Licensing Standards Officer said this was a family home in a secluded
area with a maximum capacity of 6. Mr Dearie suggested the usual terminal hour
of 10.00pm for the external area. Jean
Moffat noted that the application stated 12 midday to 11.00pm. Ms Parsons
confirmed she would like to open at 11.00am each day. Jean Moffat asked Ms
Parsons the capacity of the premises, to which she replied 4. Rory
Colville enquired about functions and asked if a wedding was taking place,
would the capacity still be 4 and wondered if Ms Parsons wanted to reconsider
that figure. Ms Parsons considered that number practicable and thought that
this would be the maximum capacity permitted. Richard
Trail asked Ms Parsons if the restaurant would be used by residents only and
she confirmed it would be. The
Chair asked Ms Parsons of her intentions regarding small events. Ms Parsons
explained that there would be private weddings with 2 witnesses and did not
envisage any more than that. The Chair asked if alcohol would be served with
meals and Ms Parsons replied no, only in the external area. Susan
Mair, Depute Clerk advised that the current planning
consent was acceptable as there was only 2 letting rooms and she did not
foresee any problem, on the odd occasion, that there may be additional people
attending an event. The
Chair referred to the opening time of 11.00am. Susan Mair confirmed that the
application stated 12 Midday, therefore it would need to remain at that time.
The Chair advised the applicant that she would require to apply for a major
variation to adjust the opening time. The
Chair moved to grant the application as applied for with a terminal hour of
10.00pm for the external area. With
no-one else being otherwise minded, this became the decision of the Board. |
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APPLICATION FOR GRANT OF A PROVISIONAL PREMISES LICENCE |
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Summary Sheet attached
– Item 5(a) Additional documents:
Minutes: The
applicant, Brian Keating appeared and advised that the Cinema and Arts Centre
was a converted church although renovations were still ongoing due to a limited
budget, hence the submission of a provisional licence. He added that the
premises had been running on occasional licences for some time. The submarine
centre opened last year and was awarded the most innovative museum in the UK
with 9,000 visitors attending. Mr Keating explained that the works were now in
the penultimate stages and that there would be a Royal opening next month. Raymond
Park, Licensing Standards Officer said that there were a number of works
ongoing and emphasised that the building standards certificate related only to
the cinema and did not include the submarine centre. They were two separate entities although
would be under one premises licence. Mr Park confirmed that the works on the
ground floor had been completed but a further certificate was required for the
submarine centre. He added that work was needing to be carried out around the
bar area. Jean
Moffat asked if the application was for the cinema only or the entirety of the ground
floor. Mr Park confirmed that the applicant had received the planning
certificate for the entire ground floor which was required for this type of
application. The
Chair asked the applicant what his intentions were for the upper floor. Mr
Keating said nothing at present as this required more funding and volunteers
but hoped to move the seating there but no structural changes would take place.
The Chair wondered if there would be bar on the upper floor and Mr Keating
replied yes, in the near future and also a lift access would be available. Rory
Colville referred to the capacity of 330 and asked if this was for the whole
premises and Mr Keating confirmed it was. Mr Colville thought that the number
of toilets was insufficient for this capacity. Mr Keating said that more
toilets would be built in time and plans had been submitted for these. He
advised that the existing toilets were at the rear of the submarine centre and
also in the arts centre, which included baby changing facilities. Lorna
Douglas enquired about the timescale for completion of works and Mr Park
advised approximately 4 years. Ms Douglas asked the applicant if the bar area
was in the corner and if it would be selling alcohol only. Mr Keating replied
it was in the corner but it was also a shop selling confectionery as well
although he would be looking to move the shop in the near future. He emphasised
that the bar would not be open when an event was on, therefore would be a
similar set up as the cinema. Ms Douglas thought that this was awkward and with
numerous varied events, flexibility required to imposed in a responsible way. The
Chair said that this could mean children would be served at the same bar. Mr
Park advised that children would not be permitted within the vicinity of the
bar area. Mr Keating gave an assurance that in the new area there would be a
separate counter area for children. Richard
Trail asked if children would only be permitted with a responsible adult aged
18 years or over. Mr Park referred to his report (Appendix 1) and the suggested
wording: ‘Children
will be permitted access to the premises when accompanied by an adult over the
age of 18 years. Young persons will be permitted access to the premises’. ‘Children
and young persons will be permitted access until 10.00pm unless attending a
pre-booked function or event and may then remain for the duration’. Lorna
Douglas wondered if any provision could be made for a separate bar. Mr Park
said that he was liaising with the applicant to create a segregated section. Richard
Trail asked Mr Keating what type of activities would be held within the
premises. He said it would be tribute acts; some dancing; full orchestra and
ballet performances and national theatre. Mr Keating stressed that he was not
interested in running the premises as a pub. Rory
Colville noted that tap water should be available when the bar was open. Mr
Keating advised that water was brought in at present and was provided in jugs
and that the glasses are washed in the sink in the kitchen. Mr Park said that
the section 50 certificate from Environmental Services had still to be issued
as there was no sink behind the bar area. Mr Colville said he had no issues
with this but would like to view updated plans. Mr Keating said he would
require to re-plumb the building at a huge cost but Mr Park stated that this
was not required at present. Susan Mair, Depute Clerk
suggested that a mobile unit would suffice meantime. The Chair asked Ms Mair if
the premises would still need to operate under occasional licences and she
replied that they would. Ms Mair advised that if the Board granted the cinema
part today and a section 50 certificate from Environmental Services was
received at a later date, the licence could be confirmed then a variation could
be submitted for the submarine centre and considered accordingly. She suggested
one licence for the whole premises but it would require to be a phased process.
The Board adjourned to consider the application further. On
resuming, the Chair moved that on condition the Environmental Services section
50 certificate is received; the bar area is clearly delineated to separate the
sale of alcohol and confectionery and an amended plan is submitted showing the
cinema part of the premises, the application be granted. With
no-one else being otherwise minded, this became the decision of the Board. |
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APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE |
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Corran House Hotel t/a Markie Dans, 1 Victoria Crescent, Corran Esplanade, Oban, PA34 5PN PDF 56 KB The applicants wish to vary the licence as follows:- To increase licensed area to include new patio area at the front of what was formally known as Ayres Guest House (No.3 Victoria Crescent - now renamed Corran House) as well as residents kitchen in the ground floor front room of No. 3. Summary Sheet attached
– Item 6(a) Additional documents: Minutes: Lindsay McMillan appeared and spoke to the terms of the application which sought to increase the licensed area to the new patio area at the front of what was formally known as Ayres Guest House at 3 Victoria Crescent. Ms McMillan explained that she had purchased the next door property some time ago which was now known as Corran House. The intention was to have a maximum capacity of 28 for the external area and to keep the terminal hour of 10.00pm. Ms McMillan said there is a wall dividing the 2 properties, therefore to access the new external area, patrons would require to go around the wall and considered making a walkway between the properties. Ms McMillan wanted children and young persons within the external area until 10.00pm as families seemed to be eating later. Eric Dearie, Licensing Standards Officer referred to the bye-laws for Oban and advised that any person found carrying open containers from the outdoor area at Markie Dans to the outdoor area at Corran House, would be committing an offence as there was no connecting route. Jean Moffat asked if the wall was listed and Ms McMillan said the premises were but was unsure about the wall. Richard Trail enquired whether the footpath at Victoria Crescent was wide enough. Mr Dearie advised it was a walkway but was accessible by car. Ms McMillan added that this was a private road which was owned by the 4 guest house establishments. The Chair asked Ms McMillan if you could enter one end and exit the other end of the road and she replied yes. Rory Colville suggested delineating the drive way and asked if permission would be required for this. Ms McMillan said she would like to open up the wall and have a walkway . Mr Colville said that if all parties would be in agreement he did not see a problem with this. Mr Dearie explained that at the front of the terrace the drive way was shaped like a semi-circle and that this could be delineated up to Markie Dans but this area was still partly owned by the 4th premises which was next door to the guest house. Mr Colville asked Susan Mair, Depute Clerk if the application could be granted if the relevant permission was received and she replied it could. Jean Moffat asked if, without delineation, was access given for Markie Dans and Corran House. Ms McMillan said there were bollards but it was open for access including emergency vehicles. The Chair wondered if the bollards prevented vehicle access and Ms McMillan said no as it was a wide area and planters had been situated the whole way along to prevent people parking. Richard Trail asked if the planters could be used to delineate the area and Ms McMillan advised that if this was the case, the existing ones would need to be removed. The Chair referred the terminal hour of 10.00pm for children and young persons. Rory Colville confirmed he was happy with this but Richard Trail said he wanted to go with the Board’s Policy of 8.00pm. Audrey Forrest thought it would be difficult to comply as meals were being served later. The Chair moved that the application be granted with a condition that planning advice be sought regarding the opening in the wall and a terminal hour for the external areas of 8.00pm for children and young persons and 10.00pm for adults. This was seconded by Richard Trail. Rory Colville agreed to grant the 1st part of the motion but as an amendment to the 2nd part, moved to grant a terminal hour of 10.00pm for children and young persons which was seconded by Audrey Forrest. After a show of hands, there were 2 votes for the motion and 4 votes for the amendment. As a result the amendment was carried. Susan Mair advised that if planning permission was not feasible then a delineated access would be granted to the satisfaction of the Licensing Standards Officer. Rory Colville left the meeting. |
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Oban Distillery, Stafford Street, Oban, PA34 5NH PDF 76 KB The applicant wishes to vary the licence as follows:- 1) To include an external drinking area to be utilised during core hours. 2) Increase in the capacity of the premises. 3) Change to the layout plan. Summary Sheet attached
– Item 6(b) Additional documents:
Minutes: Archie
McIver, Solicitor, Glasgow appeared on behalf of the applicant and spoke to the
terms of the application which sought to include an external drinking area
which was to be utilised during core hours; to increase the capacity of the
premises and to change the layout plan. Mr McIver advised that his client
wanted to reconfigure some areas due to a loss of business and it would only be
permitted for patrons who had been on a tour. The capacity of 472 was the
largest possible capacity envisaged by his client and would only be utilised
for bigger events such as Oban Live. He added that consent had been received
from Roads and Amenity Services but planning permission was still awaited. The
Chair noted the increase in capacity but Mr McIver stated that the original
figure was extremely low and there had been further areas added, therefore the
difference was not considerable. The Chair referred to the Board’s Policy for
the external area which was 8.00pm for children and young persons and 10.00pm
for adults. Mr McIver confirmed his client would be happy with this. The
Chair moved to grant the application as applied for subject to receiving the
relevant planning permission. With
no-one else being otherwise minded, this became the decision of the Board. Rory Colville returned to the meeting. |
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The Lorne, Stevenson Street, Oban, PA34 5NA PDF 74 KB The applicant wishes to vary the licence as follows:- 1) A seasonal variation is to be added restricting opening hours during the period between 1st October and 1st April. 2) The capacity figure shall be amended to 150 persons. Summary Sheet attached – Item 6(c) Minutes: Sandy
Murray, Solicitor, Oban appeared on behalf of the applicant. Calum MacLachlainn and Declan Curran were also present. Mr Murray
explained that his client wanted a seasonal variation added to restrict the
opening hours from October to April and to increase the capacity from 78 to
150. Eric
Dearie, Licensing Standards Officer enquired if building standards approval had
been received. Susan Mair, Depute Clerk advised that
building standards had commented on the number of female toilets which appeared
to be insufficient for the proposed capacity. Calum MacLachlainn
stated that the premises had been operating with a capacity of 150 for 30 years
and he had raised this point when the premises were purchased. Richard
Trail asked Mr MacLachlainn why this had only come to
light recently. Mr MacLachlainn said Police Scotland
had noticed it, therefore he wanted to amend the premises licence accordingly. Rory
Colville asked Mr MacLachlainn how the capacity was
monitored and he advised that there was a risk assessment in place and door
stewards kept a count. 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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Visitor Centre Shop, Bruichladdich Distillery, Isle of Islay, PA49 7UN PDF 40 KB The applicants wish to vary the licence as follows:- 1) To add on sales hours on weekdays between 14.00 -17.00 (April to October inclusive) and from 14.00 -16.00 (November to March inclusive) to serve whisky flights, gin and whisky cocktails. 2) To add Children and Young Persons conditions to the licence. Summary Sheet – Item 6(d) Minutes: Ailsa
Hayes, Premises Manager appeared on behalf of the applicant and spoke to the
terms of the application which sought to add on sales hours on weekdays between
2.00pm and 5.00pm to cater for seasonal demand and to include children and
young persons’ conditions. Ms Hayes added that they wanted to improve the
customers’ experience. 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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APPLICATION OF A MAJOR VARIATION (continued from a previous meeting) |
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Feathers Bar, Cross Street, Campbeltown, PA28 6HU PDF 39 KB The applicant wishes to vary the licence as follows:- 1) Change of layout plan to include an external area. This is an application which was first considered at a Board Meeting in November 2016. It was continued until such time as the area at Burnside Square was pedestrianised. They have now asked that their application be reconsidered to allow an outside area to be added. Summary Sheet attached
– Item 7(a) Minutes: It
was noted that a further request by email was received on 22nd July
2019 to continue the application to the September meeting. The
Board agreed to continue the application. |
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APPLICATION FOR REVIEW OF A PERSONAL LICENCE |
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Suzanne Tomsett, 10 Clyde Street, Dunoon, PA23 7HT A copy of the letter
to the licence holder together with letter from Police Scotland dated 25th
April 2019 is attached. Minutes: Susan
Mair, Depute Clerk stated that a letter dated 22nd
June 2019 had been received from Suzanne Tomsett
which advised that she was unable to attend. Police Scotland were given a copy
of the letter. The
Chair asked Sergeant Mairi Capaldi, Police Scotland if she had any comments to
make regarding the non-attendance and she said that it was a matter for the
Board to decide. The Chair noted that Ms Tomsett did
not mention the offence in the letter and suggested that she attend the next
meeting. Rory
Colville referred to the offer of a character reference and wondered if this
could be submitted. The
Chair said he would rather Ms Tomsett appear in
person as it was a serious offence, therefore moved that she be requested to
attend the September meeting and submit a character reference. With
no-one else being otherwise minded, this became the decision of the Board. |
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APPLICATION FOR REVIEW OF A PREMISES LICENCE |
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The Bute Piper, 23 Marine Place, Rothesay, Isle of Bute, PA20 0LF This matter is to be
continued to the September Board Meeting. Please see attached an email from
Peter Lawson requesting the continuation. A copy of the letter
from Police Scotland dated 13th March 2019 is also attached together
with LSO’s Report on the Review and our letter to the licence holder. Minutes: Susan
Mair, Depute Clerk advised that an email had been
received on 12th June 2019 from the licence holders’ solicitor to
request that the matter be continued. The
Board agreed to continue the matter to the Board Meeting on 3rd
September 2019. |
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HEARING IN TERMS OF SECTION 40 OF THE LICENSING (SCOTLAND) ACT 2005 PDF 33 KB The Logie Baird, 8 James Street, Helensburgh,
G84 8AS Copy letter dated 14th May 2019 from Brunton Millar, Solicitors, 22 Herbert Street, Glasgow on behalf of Kemble Estates Ltd. Section 40 provides that, where a licence has been varied or suspended , the Licensing Board may revoke the variation or suspension if it is satisfied that such a course is justified by reason of a change of circumstances. A copy of the
Statement of Reasons together with letter from Police Scotland dated 7th
February, list of incidents and the LSO’s Report on the Review is attached Minutes: The Logie Baird, 8 James Street, Helensburgh, G84 8AS Archie
McIver, Solicitor, Glasgow appeared on behalf of the applicant. Cara Nikolic
and Milan Nikolic, the premises manager, were also present. The Chair explained the procedure. Mr McIver referred to Section 40 of the
Licensing (Scotland) Act 2005 which was an uncommon request, that a
Licensing Board may, if satisfied, remove the variation if it
was justified there was a change in circumstances, to restrict the terminal
hour to 1.00am with a curfew of 11.00pm. Mr McIver said that
attendances had fallen and on a Friday
evening there were no patrons within
the premises at all with Saturday evenings following suit, as a result
the business was no longer sustainable. He explained that in
April, when the decision to restrict the opening hours was made, the premises
had been operating satisfactorily from the festive period up until that
time, with one incident reported in May which involved a fight between 2
males. They were both charged and were added to the Pub Watch list
barring them from certain premises for 2 years. Mr McIver advised
that his clients had improved staff training; employed more male and
female stewards and updated their CCTV. There were a number of
matters still to be put in place such as scan net, which checks all ID and
detects any false ID and then this information is added into the system.
He said that this would be expensive to install therefore it would
only be worth it if patrons used the premises. Mr McIver said that a membership scheme
would be set up whereby members only would be permitted after
10.00pm and if there were any incidents then Police Scotland
would have access to information relating to those individuals. He
emphasised that his clients needed to have the opportunity to run a honest
establishment and the early closure was having a ripple effect on
other premises which had been recently having issues over unruly
behaviour. Mr McIver said that if the Board was not in a position to
vary the terminal hour to 2.00am, could they remove the curfew as the
premises were now closed as the business was no longer viable. He
referred to the letter from the landlords, which he was aware of but
did not have any comments to make regarding this. He stressed that
his clients had learnt from their mistakes. Sergeant Mairi Capaldi, Police Scotland
advised that the issue was the levels of intoxication. Mr McIver said
that this was addressed previously and was not aware of any other
incidents apart from the one in May. He confirmed that if a patron was
intoxicated then they would not be permitted onto the premises again. Milan Nikolic explained that the
incident involved 2 patrons who became aggressive but they were not drunk and
were immediately removed from the premises. Sergeant Capaldi referred to the
changes which would be put in place but thought that these would not change
anything. Raymond Park, Licensing Standards
Officer suggested that a condition could be added regarding the
implemented changes. Richard Trail referred to the list of
incidents and said that the majority of the narrative stated patrons were
intoxicated. Mr McIver accepted this but these type of incidents had not
happened since the festive period. The Chair referred to the last recorded
incident which took place on 20th January 2019. Mr McIver advised there were
2 incidents but it was nearly the end of June and nothing
further, apart from May, had occurred. Mr Nikolic advised that the
Procurator Fiscal decided not to proceed with one of the incidents. Rory Colville reverted back to the
implemented changes and asked how this would work for Navy Personnel as
they changed constantly and how would the CCTV system, which
was not always available, be managed. Cara Nikolic said that it was the most
comprehensive CCTV in the area and Police Scotland had requested, in
the past, to view it in relation to other matters. She stated that the CCTV
was out of order for one night but there had been no further issues
with it. Ms Nikolic said that a number of staff members had access to
the CCTV before but now this number had been limited. Mr McIver
referred to Navy Personnel and stated that they should have their own
ID cards and if they did not have them or were unwilling to show
them, they would not be allowed entry. Lorna Douglas thought that the scan net
would be more a security measure rather than a management one
and had expressed her concerns regarding this. She asked if
any recent incidents had taken place and said it was difficult to
determine whether there had been any improvement as the premises had been
closed. Sergeant Capaldi advised that they were vast premises
but if stewarding was improved, it would make a difference. The Chair asked if there had been any
other reported incidents from other premises but Mr Park said it was
more noise nuisance. Mr McIver added that at the last Pub Watch
meeting in Helensburgh, it was mentioned that 2 patrons had been
arrested outside the Clyde Bar for disorder on 30th May which
was reported to Police Scotland. Sergeant Capaldi confirmed this but did not have
any paperwork relating to the incident. Lorna Douglas asked Ms Nikolic how many
weekends had the premises been operating under the restricted
terminal hour and she replied 7, traded for 3 weeks then closed on
Friday evenings only then closed premises one week ago. On summing up, Mr McIver said that his
clients could only prove that the changes would work if they were given
an opportunity to put them in place. Ms Nikolic referred to incidents at
other premises and added that military personnel were involved in the majority
of incidents, therefore asked if the Board could contact the Navy to
express their concerns. Everyone agreed that they had a fair
hearing. The Board adjourned ... view the full minutes text for item 10. |
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REVIEW OF PERSONAL LICENCES PDF 78 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 (Appendix 2) was noted and the Board agreed to
revoke their personal licences. |
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ANY OTHER BUSINESS |
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Review of Gambling Policy PDF 47 KB A copy of the
Statement of Gambling Policy is attached. Minutes: The Board agreed to undertake a review of the Policy
statement and initiated a consultation exercise. |
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DATE OF NEXT MEETING The next meeting of the Licensing Board will be held on Tuesday 3rd September 2019 at 11.00am within the Council Chambers, Kilmory, Lochgilphead, PA31 8RT. Minutes: The next meeting of the Licensing Board will be held on Tuesday 3rd September 2019 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT. |