9 September 2024 - Minute Approved by LB 2.12.24
North Ayrshire Council · 9 September 2024
Back to North Ayrshire Licensing Board — 9 September 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 8 North Ayrshire Licensing Board 9 September 2024 Irvine, 9 September 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), Nairn McDonald, John Bell, Cameron Inglis, Christina Larsen, Jean McClung, Ronnie Stalker 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 Donald Reid and Matthew McLean. 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 17 June 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 A.1 Personal Licence NA2452 Harjinder Singh The Board held a Review Hearing relating to a Personal Licence. The Licence Holder, Harjinder Singh, was present.
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Page 2 of 8 The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Police Scotland - submissions from the Licence-Holder and decided that there was no need to retire to consider the case. Councillor Larsen moved as a Motion that the Board should Endorse the Personal Licence. Councillor Stephen 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.2 0536 The Windy Ha, 31 Bradshaw Street, Saltcoats The Board continued their consideration of an Application for the grant of a Premises Licence made by Sean Conaghan. The Applicant was represented by Brian McMahon, Licensing Agent and he was accompanied by Mr Conaghan. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr McMahon - submissions from 7 objectors, 2 objectors were present - submissions from Council Department Environmental Health, Protective Services and retired to consider the case at 10.58am and reconvened at 11.12am. Councillor Larsen moved as a Motion that the Board should Refuse the application on the basis that it is inconsistent with the Licensing Objectives, (b) securing public safety, (c) preventing public nuisance and (e) protecting Children and Young Persons from harm. Councillor Stephen seconded this Motion.
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Page 3 of 8 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 Convenor confirmed that a Direction under Section 25 was granted. A.3 0542 97 Main Street, West Kilbride The Board considered an Application for the grant of a Premises Licence made by James Morgan. The Applicant was represented by Stephen McGowan, Solicitor and he was accompanied by Mr Morgan. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr McGowan and decided that there was no need to retire to consider the case. Councillor McDonald moved as a Motion that the Board should Grant the 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 Stalker 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.4 0538 Stevenston (Kilwinning Road) Service Station, Kilwinning Road, Stevenston The Board considered an Application for the grant of a Provisional Premises Licence made by Motor Fuel Limited. The Applicant was represented by Andrew Hunter, Solicitor and he was accompanied by Alex Fife, Motor Fuel Ltd. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr Hunter and retired to consider the case at 11.42am and reconvened at 11.52am.
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Page 4 of 8 Councillor Inglis moved as a Motion that the Board should Refuse the Provisional Premises Licence 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. The Convenor moved as an Amendment 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 McDonald seconded this Amendment. On a roll-call vote: For the Motion: Councillors Inglis, Larsen, McClung, Stalker For the Amendment: Councillors Collier, McDonald, Bell, Stephen The votes for the Motion and the Amendment being equal in number, the Convenor cast a casting vote under Licensing (Scotland) Act 2005, Schedule 1, Paragraph 6(6) in favour of the Amendment, which was therefore held carried. The Board adjourned at 11.55am for a 10 minute comfort break, reconvening at 12.05pm. On reconvening Councillor Inglis was not in attendance. A.5 0544 Blackshaw Barns Ltd, Blackshaw Farm, West Kilbride The Board considered an Application for the grant of a Provisional Premises Licence made by Blackshaw Barns Ltd. The Applicant was represented by Craig and Carol Tarft, Directors. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant, Mr Tarft and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should Grant the Provisional Premises Licence subject to Standard Conditions (Edition 5, made on 1 September
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Page 5 of 8 2009, as read with later amendments of the statutory mandatory conditions) Parts A, B, C and F. Councillor McDonald 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. Councillor McClung left the meeting. A.6 0545 Ferns Bistro, 59 Princes Street, Ardrossan The Board considered an Application for the grant of a Provisional Premises Licence made by FG Consolidated Holdings Limited. The Applicant was represented by Fern Graham, Director. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant, Ms Graham and decided that there was no need to retire to consider the case. Councillor McDonald 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, B, C and F. Councillor Larsen 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 0487 The Tartan Bar, 32 North Street, Dalry The Board continued considered of 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 Joanna Millar, Solicitor and she was accompanied by Simone Cockburn, Premises Manager.
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Page 6 of 8 Ms Millar requested that the Board give delegation to the Clerk to grant the Application on the submission of an amended Layout Plan showing the location of the outdoor drinking area with a double gated system. This will be amended to ensure that the area, that is also used as a fire escape, can only be accessible from inside the Premises. The gated system will only have a single way opening. Use of the outdoor drinking area will be until 8pm weekdays and 9pm at weekends. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicants Agent, Ms Millar - written submissions from 2 objectors and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should Grant the Variation application by way of Delegation to the Clerk on the submission of an amended Layout Plan. Standard Condition C.5.2 will be amended to read: “No drinks (alcoholic or not) shall be taken into or consumed in such areas earlier than 11.00 a.m. and later than 8.00 pm on weekdays and 9.00 pm at weekends” Councillor McDonald 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 0007 Bar One, 55 Vernon Street, Saltcoats The Board considered an Application for the grant of a Variation of a Premises Licence made by Bar One (Saltcoats) Limited. The Applicant was represented by Brian McMahon, Licensing Agent and he was accompanied by Miriam Wyllie, Director. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant s Agent, Mr McMahon - submission from one objector and decided that there was no need to retire to consider the case.
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Page 7 of 8 Councillor Larsen moved as a Motion that the Board should grant the Variation Application with the addition of Standard Condition part E. Councillor McDonald 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 0243 Pitchers, 18 Bank Street, Irvine The Board considered an Application for the grant of a Variation of a Premises Licence made by Signature Works (Scotland) Limited. The Applicant was represented by Andrew Hunter, Solicitor, acting on behalf of Brunton Millar and he was accompanied by John Duncan, Director. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr Hunter and decided that there was no need to retire to consider the case. Councillor Larsen moved as a Motion that the Board should grant the Variation Application. Councillor Stephen 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.10 Premises Licence 0062 Lochranza Country Inn, Lochranza The Board considered an Application for the grant of a Variation of a Premises Licence made by Lochranza Community Inn Limited. The Applicant was represented by Gavin Pritchard, Director. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant, Mr Pritchard
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Page 8 of 8 and decided that there was no need to retire to consider the case. Councillor McDonald moved as a Motion that the Board should grant the Variation Application. Councillor Stalker 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 12.48pm.