12 August 2026 - Minutes Approved by Board 7.9.26
North Ayrshire Council · 12 August 2026
Back to North Ayrshire Licensing Board — 12 August 2026 and its agenda
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Page 1 of 2 North Ayrshire Licensing Board 12 August 2026 Irvine, 12 August 2026 - At a meeting of the North Ayrshire Licensing Board at 12.00 pm in the Council Chambers, Cunninghame House, Irvine. Present Councillors Eleanor Collier (Convenor), Cameron Inglis, Christina Larsen, Matthew McLean, Donald L Reid and Ronnie Stalker. In Attendance R Lynch, Clerk, D Grier, Solicitor (Legal Services), C Pollock, Licensing Manager, I Kerr, Licensing Standards Officer and M Champion, Administration Officer (Licensing). Also In Attendance Steven Bodys, Trading Standards Officer; Ian Hunter, Solicitor; and Davinder Summel, Premises Licence Holder and Designated Premises Manager. Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Nairn Angus-McDonald, John Bell and Angela Stephen. 1. Declarations of Interest Councillor Nairn Angus-McDonald submitted his Declaration of Interest by email. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 8 June 2026. The Board unanimously agreed to confirm and adopt the Minutes. 3. Licences and Applications under the Licensing (Scotland) Act 2005 The Board considered a report by the Clerk to the Licensing Board on a matter under the Licensing (Scotland) Act 2005. The report, on this occasion, contained one Appendix: A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matter as follows;
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Page 2 of 2 A.1 Premises Licence 0432 - Gulab Brasserie, 2A Stanecastle Road, Irvine The Board considered an application by North Ayrshire Council Trading Standards for review of the Premises Licence under section 36 of the Licensing (Scotland) Act 2005. The Premises Licence Holder and Designated Premises Manager, Davinder Summel, was represented by Ian Hunter, Solicitor. The Board considered: - the Premises Licence Review Application and supporting report prepared by Trading Standards, together with the associated test results and Diageo report; - submissions from Steven Bodys, Trading Standards Officer; - a report from Isaac Kerr, Licensing Standards Officer and his submissions to the Board; - submissions from the Premises Licence Holder's Agent, Mr Hunter; - submissions from the Premises Licence Holder, Mr Summel; and - the responses given to questions from Members. The Board determined that the ground for review under section 36(3)(b) was established. In particular, the Board accepted the evidence that the contents of two bottles displayed and offered for sale as Smirnoff vodka were not consistent with genuine Smirnoff vodka. The Board adjourned to consider the appropriate disposal at 1.06 pm and reconvened at 1.25 pm. Upon reconvening, Councillor Inglis, seconded by Councillor Stalker proposed: (i) to issue a written warning to the Premises Licence Holder under section 39(2)(a) of the Act; and (ii) for the purposes of section 84(1) of the Act, that Mr Summel, while working at the premises, had acted in a manner inconsistent with the licensing objectives of securing public safety and protecting and improving public health, and that a separate hearing under section 84(2) be held at the next meeting of the Licensing Board to determine whether any order should be made in respect of his Personal Licence. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. In reaching its decision, the Board placed significant weight on the expert evidence that the two bottles did not contain genuine Smirnoff vodka and regarded this as a serious failure of stock provenance and management control. The Board also took account of the fact that the substitute liquid had not been identified, that its measured alcoholic strength was within the stated product specification, that no actual harm to a customer had been identified, Mr Summel's previous co-operation with the Licensing Standards Officer, and the remedial measures described at the hearing. The Board considered a written warning to be the necessary, appropriate and proportionate disposal of the Premises Licence Review. No order was made in respect of Mr Summel's Personal Licence at this meeting. Any such order will be a matter for determination only after he has been given the opportunity to be heard at the separate section 84 hearing.