Agenda item

The applicant wishes to vary the licence as follows:-

1) To amend the seasonal variation.

2) To include outdoor drinking facilities during core licensed hours.

3) To increase the on sales capacity.

4) Proposed new layout plan to incorporate additional external space.

5) To change the name of the premises to Cadillac Kustomz Hotel.

 

Summary Sheet attached – Item 6(b)

Peter Lawson and Anna Fox, Solicitors, Glasgow attended together with the applicant, Brian Jamieson. Peter Lawson spoke to the terms of the variation which sought the following:- to amend the seasonal variation; the addition of an outdoor drinking area; to increase the on-sales capacity;, and to change the name of the premises.

 

It was noted that seven letters of objection had been received from the following individuals:- Charlotte McLachlan & Robert Duff, 22A Marine Place, Rothesay; Elizabeth Ferguson, 21 Marine Place, Rothesay; Jim McLachlan & Shari Strathie, 30 Marine Place, Rothesay; June Le Gallais, 3 Acer Close, Loughborough; Sean Douglas & Nicola McLachlan, Glensannox,24 Marine Place, Rothesay; John G Masterton, 24a Marine Place, Rothesay; and Alexander McLachlan & Fiona Campbell, Striven View, 22 Marine Place, Rothesay. Two of the objectors, Shari Strathie and Sean Douglas, were in attendance.

 

Peter Lawson advised that there was no objection to the seasonal variation or the change of name. With regard to the increase in the on-sales capacity, he had spoken to Building Standards and he was happy to accept the figure of 110 which they had suggested.

 

Turning to the matter of the outdoor drinking area, he explained that there was a considerable history of difficulties between the objectors and the applicants but some of the concerns which the objectors had have now been dealt with. Occasional licences had been applied for and granted last year with a number of local conditions and they had operated without complaint. The applicant is happy to restrict the use of outdoor tables to the service of alcohol being provided with food only and a terminal hour of 9.00pm would be reasonable. Screens have been bought to provide cover from the neighbours.

 

The Licensing Standards Officer, Raymond Park advised there were two points which could cause problems, those being the outdoor area and the proposed increase in capacity. The objectors are not happy with the increase in capacity and Raymond Park suggested that the Board may wish to refer the capacity figure to Building Standards.

 

With regard to the outdoor area, when occasionals were granted last summer, there were a number of local conditions attached to the licences the licences as follows_

 

1. The licensee shall ensure that persons under 18 years of age are admitted in the company of a parent/guardian only and remain supervised by that person for the duration of the event.

 

2. The licensed premises shall only be used where permitted by, and in accordance with, the current legislation, regulations, directions and guidance from the UK and Scottish Governments

 

3. The licence holder shall produce, on request, a copy of the risk assessment carried out in relation to the premises to a relevant authorised person or constable

 

4. Bona fide residents of the hotel may sit in the designated outdoor area (4 tables to accommodate a maximum of 16 people) and are permitted to consume alcohol only between the hours of 12pm to 5pm

 

5.  Residents that wish to use the outdoor area from 5pm to 9pm must also be having a meal.

 

6.  Non-residents of the hotel may only use the outdoor area to consume alcohol, provided they are also having a meal between the hours of 12pm to 9pm

 

7.  Any person using the outdoor area must be seated at a table.

 

8. The use of the outdoor area must cease by no later than 9pm and the tables and chairs must be removed and stored away by 9.30pm at the latest.

 

9.  No forms of entertainment including amplified, acoustic or recorded music are permitted in the outdoor area.

 

10. The current noise management plan is to be revised to take account of the foregoing conditions and submitted for approval by Environmental Health Services.

 

11.  The licensee will ensure that all the controls in the noise management plan are strictly complied with when the outdoor area is in use including the use of CCTV.

 

Richard Gorman, Environmental Health Officer advised that he had spoken to the applicants and there were no noise complaints last year. He had asked for the Noise Management Plan to be updated and this has been done. He would recommend that the local conditions previously imposed should be re-applied. He confirmed that he was happy with their Covid-19 Risk Assessment.

 

Police Scotland confirmed they had no objections to the application.

 

Sean Douglas, objector, thought that the conditions put in place last year seemed a reasonable compromise. He advised that the premises were not frequently used last year and it was not particularly busy. He says this is different to what the applicants were looking for originally. However, with regard to the parking, you cannot park on the shore side of the road a lot of the time and when the applicant has gigs or events on, there is not enough parking space. He further advised that he was an architect and with regard to the capacity and based on the plans submitted, he calculates a figure of 90 persons.

 

Shari Strathie, objector, explained that she used to live next door to the premises but has now moved a few doors down to 30 Marine Place but can still hear the noise. She is happy, however, with the local conditions which were read out as long as the licence holder can manage the premises within those conditions.

 

Richard Trail advised that if there are breaches of the conditions then these need to be reported to the Environmental Health Officer.

 

Jean Moffat advised that whatever was agreed to today, she has never hesitated to report problems to the appropriate services. 99% of the problems come from the general public and she said she would have no problem in permitting this application because the premises has very attentive neighbours.

 

Rory Colville asked about reports from an objector that indoor drinking was going on during the lockdown and asked Police Scotland if they had this report.

 

Sgt Maginnis of Police Scotland read out the incident report. She explained that they were residents of the hotel and he thought this was permitted. The applicant stated he was unaware the two men were in the bar. Peter Lawson advised that no offence was committed and no-one was charged.

 

Peter Lawson confirmed no offence was committed and no-one was charged.

 

Peter Lawson advised there was an error made in the calculation of the capacity which is why a higher figure was originally put in, but if Building Control come back with a figure of 110, they would be happy to accept that. Susan Mair, Depute Clerk advised that a condition could be put on to that effect.

 

The respective parties then summed up.

 

Sean Douglas, objector, confirmed if the plan is revised to show the smoking area and also the capacity issue is resolved, together with the local conditions put on the licence, he would be happy with that.

 

Shari Strathie, objector, also confirmed that provided everything is complied with, she has no problems but she will be reporting anything she is not happy about.

 

Richard Gorman advised a further Noise Management Plan required to be submitted.

 

Peter Lawson expressed his thanks to the Board and the objectors. He confirmed that a further plan will be submitted which will show the area to be licensed. The smoking area will be the one that causes the least disturbance.

 

The Board adjourned. On resuming:-

 

The Chair moved to grant the application, subject to the following-

 

-The local conditions previously applied being imposed in respect of the

 outdoor drinking area but removing conditions 4 and 5 and the word “residents” to be added to condition 6.

 

-The increase in capacity shall be the figure proposed by Building

  Standards

 

-Children and young persons will be permitted to be outside until 8.00pm

 

-The seasonal variation and change of name are to be granted as applied

 for.

 

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