Minutes:
The Chair welcomed everyone to the Hearing and asked that participants introduce themselves. Thereafter he outlined the procedure that would be followed.
Mr Reppke advised that a late representation had been received from Environmental Health Services outwith the 28 day period allowed for objections and representations to be made and that the Environmental Health Officer was in attendance and would be able to advise of the reason why the objection was submitted late. It was for the Committee to decide whether or not they would wish to take this late objection into consideration. The Chair invited submissions from the Objector and from the Applicant.
Ms Rains advised that this matter had been raised at an Anti Social Behaviour meeting and that further information was requested from the Police to assist with her report to this Committee. She advised that once the information was submitted by the Police she had lodged her objection 2 days after the deadline date.
The Applicant’s Agent, Mr McIver accepted that it was a matter for the Committee to decide whether or not to consider this late objection but commented on how long it had taken the Environmental Health Officer to make her representation and that the reason for it being late was to await information from the Police who were not even objecting to the Application.
Motion
That the late objection should be considered as it would be difficult for the Committee to come to a decision without knowing the views of the Environmental Health Officer.
Moved by Councillor Freeman, seconded by Councillor McQueen.
Amendment
That the late objection should not be considered from the Environmental Health Officer.
Moved by Councillor Hall, seconded by Councillor MacDougall.
The Motion was carried by 5 votes to 4 and the Committee agreed to accept the late objection from the Environmental Health Officer.
The Chair then invited the Applicant to speak in support of his Application.
Applicant
Mr McIver, on behalf of the Applicant, advised that the
premises Three in One would be known to some Members and that the Applicant had
been operating successfully here for over 11 years and that his business was
well patronised. He confirmed that the
Applicant had adhered to the present conditions attached to his licence and
that no complaints had been made about his business which employed a mix of 20
part time and full time staff. He
advised that the premises was situated in the centre of Dunoon close to a
number of liquor licensed establishments.
He referred to the objections made by the Environmental Health Officer
which were predicated upon observations undertaken on 15 /16 October 2010
nearly 2 years ago and made reference to a number of points raised by the
Environmental Health Officer in her representation in respect of Ferry Brae and
The Chair invited the Environmental Health Officer to ask the Applicant questions and Ms Rains confirmed she had no questions.
The Chair invited Ms Rains to speak in support of her objection.
Objector
Ms Rains referred to the contents of her representation and
advised that the basis of her objection was to protect the local residents and
community of Dunoon from noise disturbance in the late hours of the morning and
the report dated 2010 was made at the request of the Anti Social Behaviour
Officer. She referred to
The Chair invited the Applicant to ask the Environmental Health Officer questions.
Questions to Objector
Mr McIver asked if a similar monitoring exercise had been undertaken prior to 2000 and Ms Rain replied that a similar exercise was conducted 6 years ago and did not know of any before 2000.
The Chair invited Members to ask the Applicant and Objector questions.
Members’ Questions
Councillor MacDougall asked why no complaints were received during the Christmas, New Year and Cowal Gathering period and Ms Rains advised she could not offer an explanation other than there may have been a greater Police presence during these times.
Councillor Hall referred to residents and guests in the hotel having as many rights as the business proprietor and customers to which Mr McIver agreed.
Councillor Hall referred to the customers in restaurants
sitting inside leading to noise being limited to inside restaurants as opposed
to takeaway establishments where the noise would be outside when customers
leave with their food and Mr McIver agreed with this and advised that the
Councillor Hall referred to the British Crime survey advising that many incidents go unreported. Mr McIver agreed but it was only possible to comment on those that were reported.
Councillor Hall asked if Mr McIver agreed that the impact of noise was from the customers leaving the premises and not from the premises. Mr McIver advised that there was a need to have persuasive evidence that the problem was connected to the premises in question.
Councillor Freeman referred to the number of incidents reported and asked if this was more or less what would be expected and if less than one per month was reasonable. Ms Rains advised that it was unreasonable and that there should be no complaints.
Councillor Blair referred to the delivery service provided by the premises and Mr Zaheh confirmed this was only up until midnight.
Councillor McNaughton asked Ms Rains if she accepted that the incidents and noise could relate to other premises and not the Three in One. Ms Rains advised that more people gathered in the street where premises were still open and the noise would not be from the premises but from the people.
Councillor MacIntyre commented that surely the noise could be attributed to the whole area and not just the Three in One.
Councillor Hall asked Ms Rains if she agreed humans had a need to eat and sleep and Ms Rains replied yes.
Councillor Hall asked Ms Rains if she agreed that residents and householders can’t control when they might be disturbed by noise and Ms Rains replied yes.
Councillor Hall asked Ms Rains if she agreed that if customers were hungry and the food premises shut earlier than the pub then they could leave the pub early to obtain food and Ms Rains replied yes.
Councillor Freeman asked what the current opening times were. Mrs MacFadyen confirmed they were 11 pm – 1 am Sunday – Thursday and 11 pm – 3 am Friday and Saturday.
The Chair invited the Objector and Applicant to sum up.
Summing Up
Objector
Ms Rains advised she had nothing further to add.
Applicant
Mr McIver advised that the existing business had operated successfully for 11 years and that no objections had been received from local residents or the Police.
The Chair asked the Applicant and Objector to confirm they had received a fair hearing and both confirmed this to be the case.
Mrs MacFadyen advised for information that the amendment in respect of the clocks going forward was not part of the application.
Motion
That the application for renewal of late hours catering licence be granted.
Moved by Councillor Freeman, seconded by Councillor MacIntyre
Amendment
That the late hours catering licence be restricted to 2.00 am for Fridays and Saturdays.
Moved by Councillor Hall, seconded by Councillor Taylor.
The Motion was carried by 7 votes to 2 and the Committee ruled accordingly.
Decision
Agreed to grant the renewal of the late hours catering licence on the existing basis for the Three in One premises.
(Reference: Report by Head of Governance and Law, submitted)