2 December 2024 - Minute Approved by LB 24.2.25
North Ayrshire Council · 2 December 2024
Back to North Ayrshire Licensing Board — 2 December 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 9 North Ayrshire Licensing Board 2 December 2024 Irvine, 2 December 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, Jean McClung, Ronnie Stalker and Donald Reid. In Attendance R Lynch, Clerk, D Grier, Solicitor (Legal Services), C Pollock, Licensing Manager and M Champion, Admin Assistant Also In Attendance Sergeant David Markin and Dawn Hastings (Police Scotland). Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Nairn McDonald and Angela Stephen. 1. Declarations of Interest The Convenor noted her Declaration of Interest in relation to case 8, Ziggy’s Restaurant, 73 Main Street, West Kilbride due to her proximity to the Premises and knowledge of the applicant. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 9 September 2024. The Board unanimously agreed to confirm and adopt the Minutes. 3. Chief Constable's Annual Report - Licensing (Scotland) Act 2005, Section 12A for year to 31 March 2024 The Board considered the Chief Constable’s Annual report for the year to 31 March 2024. Sergeant Markin summarised the contents of the Report, highlighting the parts pertaining to North Ayrshire. He also emphasised Police Scotland continue to focus on keeping people safe. The Convenor thanked Sergeant Markin for the report and on behalf of the Licensing Board, confirmed that the Board were pleased to note the report.
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Page 2 of 9 4. 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 0543 Pops Bar Ltd, 19 Bridgegate, Irvine The Board considered an Application for the grant of a Provisional Premises Licence made by Pops Bar Ltd. The Applicant was represented by Kay Abercrombie, Director, Pops Bar Ltd and she was accompanied by Rosemary Reid and Alexander Harper. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant and decided that there was no need to retire to consider the case. The Convenor moved as a Motion that the Board should continue consideration of the application until the Licensing Board meeting on 24 February 2025 in order to carry out a site visit to the proposed premises. The Board unanimously agreed to make a site visit and continue consideration of the application until the next available Licensing Board Meeting. Police Scotland left the meeting. A.2 0546 Fat Boys, 5B Station Plaza, Kilwinning The Board considered an Application for the grant of a Provisional Premises Licence made by Lovepreet Singh. The Applicant was represented by Robert Honeyman, Solicitor, and he was accompanied by Mr Singh.
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Page 3 of 9 The Convenor highlighted on Friday afternoon, 29 November 2024, the Board received late submissions of 2 objections as well as an extensive petition against the proposal. Three objectors were present and explained they were not aware of the application. Mr Honeyman advised the Board he had no knowledge of these objections and his client had displayed the Site Notice and Confirmed this to the Board as required. The Board retired at 10.32am to consider if the late objections should be taken into account. Reconvening at 10.40am, the Convenor confirmed that the Board would have regard to the late notice objections. Mr Honeyman confirmed to the Clerk that he would like some time to consider the objections and accordingly the Board decided to adjourn consideration of the application until later in the meeting. A.3 0547 The Wee Shop, 1A Smith Avenue, Irvine The Board considered an Application for the grant of a Premises Licence made by. Hamza Ahmed. The Applicant was represented by Iain Hunter, Solicitor, and he was accompanied by Mr Ahmed. 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 Refuse the 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 Inglis seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. Councillor McClung moved as an Amendment that the Board should grant the Premises Licence application. Councillor Stalker seconded this Amendment. On a roll-call vote:
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Page 4 of 9 For the Motion: Councillors Collier, Larsen and Inglis. For the Amendment: Councillors Bell, McClung, Stalker and Reid. With 3 votes for the Motion and 4 votes for the Amendment, the Amendment was accordingly carried and the Premises Licence granted. The Premises Licence is granted subject to Standard Conditions (Edition 5) Parts A and B. A.4 0548 Beith Community Centre, Kings Road, Beith The Board considered an Application for the grant of a Premises Licence made by Beith Community Association SCIO. The Applicant was represented by Iain Hunter, Solicitor. Mr Hunter confirmed to the Clerk his agreement and consent to the application being continued for consideration at the Licensing Board meeting on 24 February 2025. A.2 0546 Fat Boys, 5B Station Plaza, Kilwinning The Board resumed consideration of the Application for the grant of a Provisional Premises Licence made by Lovepreet Singh. The Applicant was represented by Robert Honeyman, Solicitor and he was accompanied by Mr Singh. Following the preliminary matter concerning the submission of late objections the Clerk confirmed the Board would have regard to the late objections. The Convenor also referred to the comments received from a Kilwinning Councillor, a copy of which was provided to Mr Honeyman. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr Honeyman - submissions from 3 objectors and retired at 11.45am to consider the case, reconvening at 11.54am. The Convenor moved as a Motion that the Board should Refuse the Provisional Premises Licence on the basis that: 1. the grant of the Application would cause Overprovision of Licensed Premises of the same or similar description as the Subject Premises in the Locality, and
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Page 5 of 9 2. it is inconsistent with the Licensing Objectives (b) securing public safety; (d) protecting and improving public health, and (e) protecting Children and Young Persons from harm. The Board unanimously agreed to Refuse the Provisional Premises Licence. The Convenor confirmed that a Direction under Section 25 was granted and the one year bar on re-application will not apply. A.5 Premises Licence 0376 The Salt Cot, 7 Hamilton Street, Saltcoats The Board considered an Application for the grant of a Variation of a Premises Licence made by JD Wetherspoon (Scot) Limited. The Applicant was represented by Archie MacIver, Solicitor and he was accompanied by Jai Nair, Area Manager, and Kimberley Young, Premises Manager. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Licence-Holder’s Agent, Mr MacIver - written submissions from 25 objectors, one objector was present 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 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. The Convenor requested that the licence holder liaise with the market in order for there to be as little disruption as possible to the market during the construction works. A.6 Premises Licence 0375 Dundonald Links, Ayr Road, Irvine The Board considered an Application for the grant of a Variation of a Premises Licence made by Darwin (Dundonald) Limited. The Applicant was represented by Frank Clarkson and Craig Reekie, Premises Manager.
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Page 6 of 9 The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Licence-Holder’s Agent 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. Councillor Reid 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 0429 News Stand, 29-31 Dockhead Street, Saltcoats The Board considered an Application for the grant of a Variation of a Premises Licence made by Muhammad Anees. The Applicant was represented by Iain Hunter, Solicitor. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Licence-Holder’s Agent, Mr Hunter and retired at 12.22pm to consider the case and to obtain Overprovision statistics, reconvening at 12.38pm. Councillor Inglis moved as a Motion that the Board should Refuse the Variation 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 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 7 of 9 The Convenor confirmed that a Direction under Section 32 was granted and the one year bar on re-application will not apply. Mr Hunter noted his request for a written Statement of Reasons. Following the Declaration of Interest, the Convenor left the room and took no part in the consideration of case 8. As the Convenor was not present, the Board carried out the procedure prescribed by Licensing (Scotland) Act 2005, Schedule 1, Paragraph 6(5). Councillor Larsen, seconded by Councillor McClung, moved that Councillor Inglis should chair the meeting. There being no Amendment, Councillor Inglis was declared to be the Convenor and the meeting proceeded. A.8 Premises Licence 0472 Ziggy’s Restaurant, 73 Main Street, West Kilbride The Board considered an Application for the grant of a Variation of a Premises Licence made by William Gibson. The Applicant was represented by Debbie Riddex, Manager. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Licence-Holder’s representative, Ms Riddex 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 Reid 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 Collier returned to the meeting and resumed the position of Convenor. 4. North Ayrshire Licensing Board Annual Functions Report under Section 9A of the Licensing (Scotland) Act 2005 for the Financial Year 2023-2024 The Board considered the Annual Functions Report for the financial year 2023/24. The Board unanimously agreed to note the Financial Report, publish this on the Board’s website and submit this to the Scottish Government.
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Page 9 of 9 5. Any Other Business There was no other business to consider. The meeting ended at 12.49 pm.