Agenda item

The Depute Clerk also advised that emails had been received from Councillors Elaine Robertson (04/09/20) and Kieron Green (07/09/20) and these had been circulated to members.

A letter had also been received on 07/09/20 from the applicant, Paul Sloan, and this had also been circulated to members.

Catherine Crowe, Solicitor, Oban appeared to represent one of the objectors, Iona MacKechnie. It was noted that none of the objectors were in attendance.

Sandy Murray, Solicitor, Oban appeared on behalf of the applicant. Calum MacLachlainn was also present. Mr Murray explained that the premises were a former guest house which had undergone substantial renovations to a high standard. There was a terrace to the front and an upper and lower terrace to the rear. There was also a gym. Mr Murray advised that pictures of the interior of the premises had been submitted. He further advised that his client wished to remove the lower terrace area to the rear of the premises from the application and it would be dealt with by a variation application at a later date. He said it would be on sales only and the lounge would normally be closed at 11p.m. The bar would be a single cabinet and each guest would have a key and payments would be noted by way of a book.

Mr Murray referred to the objections and stated that there was only one other licensed premises along the Esplanade and stressed that it would be a boutique hotel with small scale events and a capacity of 18. He also referred to the letter submitted by the applicant which he felt addressed many of the concerns which had been raised. Alcohol would be ancillary to the accommodation and there would be no guests under 18 years of age. He confirmed that there would be no hot tubs and the indoor sports was limited to the gym which would be available for the use of guests.

Eric Dearie, Licensing Standards Officer referred to his report and added that there would be no walk ins from the public.

Sergeant Wendy Maginnis, Police Scotland advised that she had spoken to the applicant at length regarding the application and she had no issues with it but was seeking re-assurance regarding the hygiene aspects for the bar area. Mr Murray confirmed that measures would be put in place to ensure the area was kept clean.

Catherine Crowe referred to her client’s objection which was received on 24^th August 2020. The main issue was the provision for parking and access and the road had been blocked at one point. Her client also had concerns regarding the potential for noise pollution and anti-social behaviour with the use of the outdoor areas.

In response, Mr Murray explained that the area is a building site at present but, once completed, there will be space for 8 to 9 vehicles.

Roderick McCuish referred to the letter from the applicant which seemed to differ from what was being applied for and asked Mr Murray to clarify the position in respect of the following activities:-

Accommodation –  yes

Conference facilities – generally not

Restaurant – there will be breakfast available in the dining room but there may also be occasional restaurant facilities, purely for guests. It was also intended to develop a cook school in the future.

Bar meals – no

Receptions – yes but small scale only

Clubs – unlikely

Music – background only

Live Entertainment – acoustic only

Indoor/outdoor sports – gym for guests

Televised Sports – in rooms only

Roderick McCuish referred to the decking area at the rear and wondered if there would be further seating. Mr Murray advised that there would only be seating for the 2 rear bedrooms.

Roderick McCuish noted that there would be weddings and sport facilities for guests only and thought this should be made clear. Mr Murray stated that his client had no intentions at present to hold such events.

Richard Trail asked if parking would be an issue regarding licensing. Susan Mair, Depute Clerk stated that this would be a planning matter and confirmed that the relevant section 50 certificate had been received.

David Kinniburgh noted that there would be parking for 8 to 9 vehicles and referred to the word ‘shuffling’. Mr MacLachlainn explained that there was less parking required now as there were less bedrooms and therefore no shuffling would be necessary.

David Kinniburgh asked Mr MacLachlainn where in the premises, would conferences be held. He said he would be happy to exclude conferences and remove this activity from the application. The Chair then enquired about other activities on the application and Mr MacLachlainn responded as follows:-.

Bar meals – no

Receptions – not required

Gym – for guests and applicant only

David Kinniburgh asked about public access to the gym. Mr Murray said he was not familiar with the layout of this area but there was a corridor which led to the gym which passed the owner’s lounge and there was also access from the outside.

Susan Mair, Depute Clerk asked Catherine Crowe if she had any further comments to make and she replied by saying that the submitted proposal seemed to have changed substantially which was to allow for both guests and the public and wondered if the premises would be used for funerals. Mr MacLachlainn replied no.

The Vice Chair referred to the objections and suggested that a terminal hour of 8.00pm for the external drinking area at the rear may be more suitable. Mr MacLachlainn said that meals would be still be served after that time, hence the reason the applicant applied for a later time of 10.00pm. The Vice Chair said that he was happy with this time for the front area but the rear of the premises was close to a built up area and therefore a terminal hour of 9.00pm would perhaps be more appropriate.

The Depute Clerk was asked to summarise the position in respect of the various activities which she did as follows:-

Accommodation – yes

Conferences – to be removed

Restaurant – yes, breakfasts in the dining room and occasionally restaurant facilities for guests and a cooking school

Bar meals – no

Clubs – no

Recorded music – yes

Live Performances – yes but acoustic only

Outdoor sports – no

Indoor sports – Televisions in rooms only and the use of a gym

Receptions – to be removed

Outdoor drinking – at the front of the premises and at the upper deck at the rear but the lower area at the rear to be removed

Jean Moffat asked if there were decked areas on any of the neighbouring properties. Mr MacLachlainn advised that he was not sure of the position. Jean Moffat stated that she was reluctant to allow outside drinking after 8.00pm for the area to the rear of the premises.

Eric Dearie, Licensing Standards Officer emphasised that the application was for a provisional licence and therefore no alcohol could be sold at present. Mr Murray confirmed that no alcohol would be sold in the interim and any guests would be made aware of this.

The Vice Chair moved that the application be granted as per the activities as previously clarified by the Depute Clerk with a terminal hour of 10.00pm for the external area to the front and 9.00pm for the area to the rear. Jean Moffat seconded the motion.

Richard Trail moved as an amendment that the application be granted as per the activities as previously clarified by the Depute Clerk with a terminal hour of 10.00pm for both the front and rear areas. This was seconded by Gordon Blair.

Roderick McCuish advised that he was somewhat confused about what was being sought and suggested that the application be continued until further clarification could be obtained.

Susan Mair said that this would be reflected in the minutes and although initially general activities had been applied for, the applicant had clarified these by way of a letter.

David Kinniburgh stated that he had similar concerns as Roderick McCuish and reiterated what Mr Dearie had advised, that this was for a provisional licence and therefore the applicant would require to submit a confirmation application at a later stage to enable the sale of alcohol.

A vote was taken calling the roll.

Motion

Rory Colville

Jean Moffat

David Kinniburgh

Roderick McCuish

Amendment

Richard Trail

Gordon Blair

Lorna Douglas

Audrey Forrest

On there being an equality of votes, the Vice Chair issued his casting vote and the Motion was carried.