17 June 2024 - Minute Approved by LB 9.9.24
North Ayrshire Council · 17 June 2024
Back to North Ayrshire Licensing Board — 17 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Page 1 of 7 North Ayrshire Licensing Board 17 June 2024 Irvine, 17 June 2024 - At a meeting of the North Ayrshire Licensing Board at 10.00 am in the Council Chambers, Cunninghame House, Irvine. Present Councillors Eleanor Collier (Convenor), John Bell, Cameron Inglis, Christina Larsen, Matthew McLean, Jean McClung, Donald L Reid and Angela Stephen. In Attendance R Lynch, Clerk, D Grier, Solicitor (Legal Services), C Pollock, Licensing Manager and M Champion, Admin Assistant Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Nairn McDonald and Ronnie Stalker. 1. Declarations of Interest There were no Declarations of Interest. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 18 March 2024. 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 matters under the Licensing (Scotland) Act 2005. The report, on this occasion, contained 1 Appendix; A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matters as follows; A. Premises Licence applications or any other applications requiring a Hearing
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Page 2 of 7 A.1 0536 The Windy Ha, 31 Bradshaw Street, Saltcoats The Board considered an Application for the grant of a Premises Licence made by Sean Conaghan. Mr Conaghan was present. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Mr Conaghan - submissions from 2 objectors, one objector was present and retired to consider the case at 10.37am and reconvened at 10.54am. The Board unanimously agreed to continue consideration of the case to the next scheduled meeting of the Licensing Board, and that the Applicant be directed to carry out the Site Notice display requirement again and ensure that the prescribed procedure is conducted fully in compliance with the Regulations. A.2 0537 Morrisons Daily, 97 High Street, Irvine The Board considered an Application for the grant of a Premises Licence made by Alliance Property Holdings Ltd. The Applicant was represented by Alex Green, Solicitor and he was accompanied by Kenneth McInnes, Area Manager. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicants Agent, Mr Green and Mr McInnes - written submission from one objector and retired to consider the case at 11.05am and reconvened at 11.21am. Councillor Inglis moved as a Motion that the Board should refuse the Premises Licence Application on the basis that the grant of the Application would cause Overprovision of Licensed Premises of the same or similar description as the Subject Premises in the Locality. Councillor Larsen seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent.
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Page 3 of 7 Councillor Reid moved as an Amendment that the Board should Grant the Premises Licence Application subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A and B. Councillor McClung seconded this Amendment. On a roll-call vote: For the Motion: Councillors Bell, Inglis and Larsen For the Amendment: Councillors Collier, McLean, McClung, Reid and Stephen With 3 votes in favour of the Motion to Refuse and 5 votes for the Amendment to Grant, the Amendment was accordingly carried, and the application granted. A.3 0539 Marks & Spencer, 123-125 Main Street, Largs The Board considered an Application for the grant of a Provisional Premises Licence made by Marks & Spencer Simply Foods Ltd. The Applicant was represented by Niall Hassard, Solicitor and he was accompanied by Lynne Scott from Marks & Spencer. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicants Agent, Mr Hassard and decided that there was no need to retire to consider the case. Councillor Bell moved as a Motion that the Board should Grant the Provisional Premises Licence subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A and B. Councillor McClung seconded this Motion. 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.
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Page 4 of 7 A.4 0540 Moka, 46 Princes Street, Ardrossan & A.5 0541 Moka 59 Main Street, Largs The Board considered 2 Applications for the grant of Provisional Premises Licences made by KC Panesar Ltd. The Applicant was represented by Anmol Panesar and Joanne Panesar, Directors of KC Panesar Ltd. The Board considered: - the Summary Reports prepared by the Clerk which is published on the Council website; - submissions from the Applicant, Mr Panesar and decided that there was no need to retire to consider the case. Mr Panesar confirmed the core hours should be amended in line with the Board’s Policy, to commence at 11.00am for both Premises. Councillor Reid moved as a Motion that the Board should Grant both the Provisional Premises Licences subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A and C. Councillor McLean seconded this Motion. 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. The Board adjourned at 11.42am for a 5 minute break. A.6 Premises Licence 0508 Metro Reloaded, 2A Hamilton Street, Saltcoats The Board considered an Application for the grant of a Variation of a Premises Licence made by the Licence Holder, Metro Reloaded Limited. The Applicant was represented by Stephen McGowan, Solicitor and he was accompanied by Steven Miller, Director. Mr McGowan confirmed the application should be amended to delete the request for Family Fun Days. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; -submissions from the Applicants Agent, Mr McGowan
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Page 5 of 7 - written submissions from 5 objectors and 4 representations. One representative was present and retired to consider the case at 12.36pm and reconvened at 12.48pm. Councillor McLean moved as a Motion that the Board should Grant the Variation Application with the addition of Standard Conditions parts D and E with Standard Condition D.4 Curfew varied to read: D.4 No customer shall be permitted entry (on payment or not) after 00.30 a.m., except that: (a) a customer who has entered before that time may leave temporarily and re- enter after that time, for the sole purpose of smoking; (b) at any time no more than 8 customers may take advantage of this exception; (c) customers who are temporarily outside the building for that purpose must remain within the designated ‘Smoking Area’; (d) the Licensee shall ensure that only customers who have been in the Premises immediately before entering that delineated area are permitted to re-enter the Premises by establishing and maintaining a system whereby such customers have their hands stamped and are given an identification ticket. Councillor McClung seconded this Motion. 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. A.7 Premises Licence 0207 The Brisbane Hotel, 10/16 Greenock Road, Largs The Board considered an Application for the grant of a Variation of a Premises Licence made by the Licence Holder, Manorview Hotels Limited. The Applicant was represented by Archie MacIver, Solicitor. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; -submissions from the Applicants Agent, Mr MacIver and decided that there was no need to retire to consider the case.
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Page 6 of 7 Councillor Reid moved as a Motion that the Board should grant the Variation Application. Councillor McLean seconded this Motion. 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. A.8 Premises Licence 0230 Spar Convenience Store, 2C Orchard Drive, West Kilbride The Board considered an Application for the grant of a Variation of a Premises Licence made by the Licence Holder, CJ Lang & Son Limited. The Applicant was represented by Stephen McGowan, Solicitor. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; -submissions from the Applicants Agent, Mr McGowan and decided that there was no need to retire to consider the case. Councillor Inglis moved as a Motion that the Board should grant the Variation Application. Councillor McLean seconded this Motion. 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. A.9 Premises Licence 0487 The Tartan Bar, 32 North Street, Dalry The Board considered an Application for the grant of a Variation of a Premises Licence made by the Licence Holder, NWD LIC Ltd. The Applicant was represented by Alan Cockburn, Director. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website;
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Page 7 of 7 - submissions from the Applicant, Mr Cockburn and written submission from the Premises Manager, Simone Cockburn - written submissions from 2 objectors and decided that there was no need to retire to consider the case. The Board unanimously agreed to continue consideration of the case to the next scheduled meeting of the Licensing Board. A.10 Premises Licence 0081 Abbey Gate, 88 Main Street, Kilwinning The Board considered an Application for the grant of a Variation of a Premises Licence made by the Licence Holder, Hawthorn Leisure Scotco Limited. The Applicant was represented by Stephen McGowan, Solicitor and was accompanied by Liz Brady, local Business Development Manager and Thomas Murray. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; -submissions from the Applicants Agent, Mr McGowan and decided that there was no need to retire to consider the case. Mr McGowan confirmed his Client was happy to accept the Board’s Standard Condition in relation to the use of the Outdoor Drinking Area from 11am to 10pm. Councillor Reid moved as a Motion that the Board should grant the Variation Application. Councillor Bell seconded this Motion. 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. 4. Any Other Business There was no other business to consider. The meeting ended at 1.16pm.