31 October 2022 - Minutes Approved by LB 28.11.22
North Ayrshire Council · 31 October 2022
Back to North Ayrshire Licensing Board — 31 October 2022 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 31 October 2022 Irvine, 31 October 2022 - 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, Christina Larsen, Matthew McLean, Jean McClung, Donald L Reid, Ronnie Stalker and Angela Stephen. In Attendance R Lynch, Clerk, D Grier, Solicitor, G Cullen, Licensing Standards Officer, C Pollock, Licensing Administration Officer and M Champion, Admin Assistant. Also In Attendance Sergeant Sheryl Syme (Police Scotland). Convenor Councillor Eleanor Collier. Apologies for Absence None. Councillor Stephen notified Mr Pollock that she had been delayed and would be late in arriving at the meeting. 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 5 September 2022. The Board unanimously agreed to confirm and adopt the Minutes. 4. Chief Constable’s Annual Report The Board considered the Chief Constable’s Annual report for the year 1 April 2021 to 31 March 2022. Sergeant Syme summarised the contents of the Report. On behalf of Mr Livingstone, Chief Constable, she thanked the Board for working together with the Police to improve licensing standards. She updated the Board on changes to the Senior Officers noted in the Annual report, Chief Inspector Gillian Grant and Inspector Darren McNaught were now in post. As well as highlighting the Policing Priorities for North Ayrshire Sergeant Syme explained that in the North Ayrshire Board area during this year there was no Premises Licence objections, no Premises Licence Reviews, one objection to a Variation Application, 2 objections to Personal Licence applications, and one Personal Licence Review was submitted by Police Scotland. There were 2 premises subject to intervention and no reports submitted to the Procurator Fiscal for the sale of alcohol to a child or young person. For the year ahead, Sergeant Syme advised that the Police will continue to focus on “Keeping People Safe” and she invited the Board to note the report.
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Page 2 of 7 Having considered the report, the Convenor, on behalf of the Licensing Board, thanked Sergeant Syme and Police Scotland. The Board unanimously agreed to note the report. 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 Premises Licence 0327 The Carrick, 112-114 High Street, Irvine The Board resumed consideration of an application for variations of a Premises Licence made by the Licence Holder, Greene King Retailing Ltd, for the above premises. The Premises Licence Holder was represented by Adrian Howlett and he was accompanied by Catherine Blunn, General Manager at The Carrick. The Licence Holder was requesting the following variations: 1. Extension to rear “Outdoor Drinking Area” 4. Increase capacity to include rear outdoor drinking area (32 persons) Mr Howlett then addressed the Board, explaining that the application was continued from the previous Board Meeting for a site visit, which took place recently. Sergeant Syme clarified to the Clerk that on behalf of Police Scotland there was no further objection or complaint. Ms Cullen, LSO, confirmed that there are no issues with these Premises. As discussed at the recent site visit, Ms Blunn confirmed to Councillor Stalker that security cameras would be installed in the rear area and the use of the App would not be permitted in the rear area. Ms Blunn also confirmed to Councillor Larsen that CCTV would monitor both the outdoor areas as well as a member of staff monitoring the front area and another member of staff monitoring the rear area. Regarding the rear access from the car park, Mr Howlett advised the Convenor that there is a rear entrance to the Premises and there is no intention to build a wall. The outdoor area is currently in use, and they do lock this area at night. With regards to the plans for the rear extended area, Mr Howlett advised Councillor Larsen that no plans were available now until funds are available to carry out this work, however, he referred to other Greene King premises which have very well-furnished beer gardens. Having considered the terms of the case summary, and the submission made, Councillor McDonald proposed that the Board grant the application. Councillor Reid seconded the motion. There was no Amendment. The Board unanimously agreed without dissent or abstention to grant.
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Page 3 of 7 Councillor Stephen arrived at the meeting and Sergeant Syme of Police Scotland departed the meeting. A.2 Premises Licence 0392 Premier Caldon Road, 40/42 Caldon Road, Irvine The Board resumed consideration of an application for variation of a Premises Licence made by the Licence Holder, Jujhar Singh Store Ltd, for the above premises. The Premises Licence Holder was represented by Bruce Hunter, Solicitor and he was accompanied by Mr Singh, Premises Licence Holder. The Licence Holder was requesting the following variations: 1. Amend layout plan following extension, relocating alcohol display 2. Increase alcohol display capacity from 25.61m2 to 36.415m2 The Board considered the terms of the case summary report. The Clerk highlighted the Board Policy in relation to overprovision. Mr Hunter’s written submission, including layout plans, which was received late on Friday 28th October, was provided to Board Members. Mr Hunter then addressed the Board. He explained that his Client was seeking to enhance and expand the shop. Although the requested increase in alcohol display capacity is 42%, the overall shop floor area is also extending, therefore the overall percentage of alcohol in relation to the size of the premises will be less than the current percentage. The proposed layout plan will have alcohol displayed in a discreet section of the premises to discourage the targeting of the younger market to this area. Mr Singh has put a lot of investment into the local area and if approved the proposal would lead to an additional 3 full time and 3 part time jobs. Mr Singh and his family are long standing operators of licensed premises of over 30 years of experience without incident. With regards to overprovision, Mr Hunter explained that the closest premises, Co-op, is a national company whereas Mr Singh is from the local community. Thereafter there are premises in Paterson Avenue and Aldi, which are over a mile away. He explained that there have been several new housing developments including 200 new houses built by Permission at Annick Grange and a proposal to build 60 at Crompton Way. His Client would like to supply an enhanced service to the local community. Mr Hunter clarified to Councillor McLung the entrance to the premises on the proposed layout plan. He also confirmed to Councillor Larsen that the closest premises, Co-op, is only a few doors away. Councillor Larsen noted that less than a mile away there was also Keystore, Woodlands Avenue and the new housing development at Annick Grange and Crompton Way were quite a distance from the premises with residents likely to frequent more local stores. Councillor Larsen noted in her opinion, these new housing developments should not be taken into account, Crompton Way is in fact 1.2 miles away. With regards to the proposed Layout Plan, Mr Singh confirmed to the Convenor that although this plan is dated 2011 he has been intending the extension for some time and has dealing with Building Control. The original building was split into 2 but now the intention is for it to be one large premises in order that he could supply hot food. Councillor Larsen highlighted that there is also an additional premises in James Crescent, only 0.7 miles away, the same distance as Aldi and Paterson Avenue stores. Additionally, she referred to the written summary which said there could be additional employment. Mr Singh clarified that with the supply of hot food, there would be a requirement for additional full time staff through the day.
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Page 4 of 7 Mr Singh confirmed to Councillor Reid hot food would be available for take-away. The Clerk updated the Board on the application and confirmed that the Variation was in 2 parts, the first part was to amend the layout plan had no issues and should be granted. With regards to Variation 2, to increase the alcohol capacity, the presumption of refusal is doubly enhanced due to the location and the function type of the premises. The Board adjourned with the Clerk at 10.35 am to deliberate in private and re-convened at 10.48 am. Having considered the terms of the case summary, and the submissions made, the Convenor moved that the Board grant Variation 1 (amend layout plan following extension and relocation of alcohol display) and refuse Variation 2 (increase alcohol display capacity from 25.61m2 to 36.415m2) on the grounds that given the number of premises in the area and the availability of alcohol, the grant of the Application would cause Overprovision of Licensed Premises of the same or similar description as the Subject Premises in the Locality. There was no Amendment. The Board unanimously agreed without dissent or abstention to grant Variation 1 and refuse Variation 2. The Clerk confirmed to Ms Cullen, LSO that the applicant should be advised to submit an updated layout plan following the Board’s decision. A.3 Premises Licence 0103 Auchrannie Hotel, Spa Resort and Country Club, Brodick The Board considered an application for variation of a Premises Licence made by the Licence Holder, Auchrannie Leisure Ltd, for the above premises. The Premises Licence Holder was not represented. The Licence Holder was requesting the following variation: 1. Include self-catering accommodation. The Board considered the terms of the case summary report. As the Applicant was not represented the Clerk updated the Board on the application. He clarified that Police Scotland had withdrawn their Representation, the Community Council had confirmed they had no issues and there are no reasons to refuse this application. Having considered the terms of the case summary and the Clerk’s update, Councillor Larsen proposed that the Board grant the application. Councillor Reid seconded the motion. There was no Amendment. The Board unanimously agreed without dissent or abstention to grant. A.4 Premises Licence 0488 BP Girdle Toll Service Station, Littlestane Road, Long Drive, Irvine The Board considered an application for variations of a Premises Licence made by the Licence Holder, Motor Fuel Limited, for the above premises. The Premises Licence Holder was represented by Audrey Junner, Solicitor and she was accompanied by Stuart Allan, General Manager, Motor Fuel Limited.
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Page 5 of 7 The Licence Holder was requesting the following variations: 1. Amend layout plan following extension, relocating alcohol display 2. Increase alcohol display capacity from 7.42m2 to 12.525m2 The Board considered the terms of the case summary report. The Clerk highlighted the Board Policy in relation to overprovision as reflected in the previous case. Ms Junner then addressed the Board. She acknowledged and was very mindful of the Board’s Policy, ordinarily she would not bring this type of application to the Board however she believes this to be a very particular application. She explained a fridge area had been removed back in 2017 when the Licence was originally granted due to the restriction in the alcohol capacity. As alcohol is not chilled customers are not attracted to the convenience setting. It is a modest overall capacity compared to premises of a similar size, as well as removing the need to restock frequently. The whole premises are being refitted with lots of new product lines being added, not just alcohol products. As well as improving the shop the overall station will be refurbished, including the installation of 14 electric vehicle chargers. These chargers will work similarly to petrol fuelling pumps allowing electric cars to be charged in the same time frame as it would take to fill a petrol type car. Ms Junner acknowledged the development of new housing estates was taken into consideration when the Licence was originally granted. They do find residents using their facilities with the closest premises being in the Girdle Toll area. She confirmed that pricing is not as attractive as supermarkets and not likely to change however her Client would like to offer a bigger range and provide chilled products. Ms Cullen, LSO, confirmed to the Clerk that there are no issues with these Premises. With regards to surrounding premises, Councillor Larsen enquired the distance to Keystore, Girdle Toll and noted that Spar in Lawthorn area was 0.4 miles away. Ms Junner advised Keystore was not that far away but was in another housing estate and Lawthorn is a separate area. Mr Junner referred to the proposed layout plan, the chilled area will not have doors, only shelves. At present this area is used for soft drinks. She also confirmed the existing alcohol area was about half the size of the proposed large area. Mr Allan advised Councillor Reid that £458 million was being invested into sites such as this but no confirmed dates are available for when the electric vehicle charging ports will be available, he explained the motor industry still require to come up with the batteries needed to allow for electric cars to take the same time to charge as petrol cars take to fuel. Having considered the terms of the case summary and the submissions made, Councillor Bell proposed that the Board grant the application. Councillor McDonald seconded the motion. There was no Amendment. The Board unanimously agreed without dissent or abstention to grant. A.5 Premises Licence 0299 Beith Bowling Club, Boghead, Beith The Board considered an application for variation of a Premises Licence made by the Licence Holder, Beith Bowling Club, for the above premises. The Premises Licence Holder was represented by Alex Wilson, President.
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Page 6 of 7 The Licence Holder was requesting the following variation: 1. Amendments for under-18 access The Board considered the terms of the case summary report. Mr Wilson then addressed the Board. He explained that currently their children’s access only permits under 14s to sit in their back room. The Club would like the ability to have children in their main hall area so that they can view bowling from inside during inclement weather. Confirmation was provided to the Clerk that no objections had been received in relation to the application and he asked for the LSO’s comments. Ms Cullen confirmed this Variation would allow the Club to operate correctly. Having considered the terms of the case summary and the submissions made, Councillor Stalker proposed that the Board grant the application. Councillor McLean seconded the motion. There was no Amendment. The Board unanimously agreed without dissent or abstention to grant. Mr Wilson thanked the LSO MsCullen for all her help this year and the Club appreciated her guidance. A.6 0526 Riviera Coffee, 6 The Promenade, Largs The Board considered an application for grant of a Provisional Premises Licence made by Maria Timis for the above premises. Ms Timis was present and was accompanied by Annmarie Scott. The Board considered the terms of the case summary report. The Clerk updated the Board on the application noting that due to the function type, the presumption of refusal is not enhanced however an issue with the outdoor area barriers should be addressed. Ms Scott then addressed the Board. She explained the premises did have a Premises Licence in the past which was surrendered. All documentation has now been provided to the Board. She confirmed to the Convenor the premises will supply both on and off-sales, with off-sales only a small part to enhance the business and allow customers to purchase a bottle of wine to take home. Ms Timis confirmed there will not be a display of alcohol only shelving on the wall where normal on-sales alcohol will be stored. With regards to the outdoor area, Ms Timis advised the Board that in order to bring the building back into use she has had to concentrate on the inside of the building and hopes to be in a position next summer to carry out works on the outside area. She explained the outdoor area will be enclosed but not the same as her premises at Allegria, as this outdoor area is a much smaller area. The Convenor highlighted that this is a very busy footpath. Ms Timis confirmed plans will be made with her architect for this area. Referring to breakfast, Ms Timis confirmed the premises will open for breakfasts at 9.00am with no alcohol available until 11.00am, the premises have reopened and are operating with no alcohol although customers have been asking if wine is available. The Clerk sought clarification of matters raised in the case summary report and for LSO comments. Ms Cullen noted that the premises were trading again and had changed from how they looked previously.
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Page 7 of 7 Ms Timis confirmed changes have been made and she now has Certificates from Building Control and Planning. The inside of the premises has now been refurbished and work will commence in the summer on the outdoor area. Having considered the terms of the case summary and the submission made, the Convenor proposed that the Board grant the Provisional Premises Licence application. There was no amendment. The Board unanimously agreed without dissent or abstention to grant. The Provisional Premises Licence is granted 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 with Condition C.5.2 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 10.00 pm except that the consumption of tea, coffee and other non-alcoholic drinks is permitted from 10.00 a.m." A.7 NA2649 Joseph H Fitzsimmons The Clerk clarified that the Licence Holder has since surrendered the Licence so the Review Hearing can no longer proceed. A.8 1934 Club - Application for Occasional Licence Sections 56 The Clerk sought clarification that the Occasional Licence is to be treated as withdrawn. Mr Pollock confirmed this application has been withdrawn and they now intend to operate within their Club’s Premises Licence. 5 Any Other Business There was no other business to consider. The meeting ended at 11.13 am.