Printed minutes
Argyll and Bute Council · 20 May 2026
Back to Planning, Protective Services and Licensing Committee (Civic Hearings) — 20 May 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE (CIVIC HEARINGS)held BY MICROSOFT TEAMS on WEDNESDAY, 20 MAY 2026 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Jan Brown Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Reeni Kennedy-Boyle Councillor Dougie Philand Councillor Peter Wallace Attending: Shona Barton Governance Manager Susan Mair, Legal Manager Janeanne Gilchrist, Applicant Neil MacKay, Applicant Daniel Gillespie, Applicant Stewart MacLenna, Applicant Iain MacKinnon, Applicant Superintendent Mark Stirling, Police Scotland 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Gordon Blair, Audrey Forrest and Paul Kennedy. 2. DECLARATIONS OF INTEREST Councillor Fiona Howard declared a non-financial interest in this application as her daughter would be providing catering at the festival for the backstage and entertainment staff. She left the meeting at this point and took no part in the consideration of this application. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 SECTION 41: APPLICATION FOR A TEMPORARY PUBLIC ENTERTAINMENT LICENCE (TIREE MUSIC FESTIVAL CIC) The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant opted to proceed by way of video call and Janeanne Gilchrist joined the meeting by MS Teams along with Daniel Gillespie, Stewart MacLennan, Neil MacKay and Iain MacKinnon. Police Scotland also opted to proceed by way of video call and Superintendent Mark Stirling joined the meeting by MS Teams. The Chair outlined the procedure that would be followed and invited the Applicant to speak in support of their application. APPLICANT Ms Gilchrist advised that the Tiree Music Festival (TMF) was a long-established community event and that extensive event management experience existed within the
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organising team. She advised that robust planning, safety systems, and multi-agency working was in place. She pointed out that the TMF had operated successfully for many years with strong community support. She advised that the organisers considered the event could operate safely without a dedicated on-site Police presence, as it would be supported by security and safety planning in line with the Purple Guide. She acknowledged the risk assessment carried out by Police Scotland and said that many mitigations against potential risk could be delivered by the TMF team. She said that TMF were not opposed to Police Scotland carrying out their normal duties on the island of Tiree alongside the event, but they could not see why an additional 6 Police Officers were necessary and that they did not accept that these additional Officers should be privately funded from the TMF event. QUESTIONS FROM POLICE SCOTLAND Superintendent Mark Stirling confirmed he had no questions. POLICE SCOTLAND Superintendent Stirling said that he was the Senior Officer for Operations and was responsible for safe policing across events, public safety and mitigation of risks. He advised that Police Scotland required a dedicated police presence at this festival. He advised that he was confused and disappointed that this matter had not been able to be resolved before coming before the Committee today. He noted that the TMF Committee no longer believed there was a requirement for a dedicated Police presence at the event, which had been provided in the past. Key points made included: • The island normally had a very limited police presence with only one Police Officer and not 24/7. • The TMF was a good festival but brought with it an enhanced risk. • The event significantly would increase the population on Tiree (approx. 2,500 attendees). The campsite area would require the same level of policing as a town. • Past incidents, including serious assaults, domestic abuse and evacuation due to weather, demonstrated risk. • Without dedicated officers, Police Scotland could not meet their obligations under the Civil Contingencies Act • Emergency response from the mainland would be delayed and unreliable. • Counter-terrorism and public safety risks, while low in likelihood, must still be planned for. • Private security staff did not have police powers (e.g. arrest, detention, use of force). • Police required a minimum of 6 dedicated officers (including supervision) for the event to be considered safe. He advised that from his experience he was not content that this event would be safe without a dedicated Police presence and if no agreement was reached in this respect, Police Scotland requested refusal of the application. QUESTIONS FROM APPLICANT Various questions were asked by Ms Gilchrist, Mr MacKay and Mr Gillespie and the following key issues were raised:
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• Dispute over necessity of dedicated police presence. • Questioning increased policing costs in recent years. • Concerns about fairness compared to other island events. • Reference to the Islands (Scotland) Act 2018 and potential geographic disadvantage. • Challenge to aspects of Police Scotland’s account of the 2023 evacuation. Superintendent Stirling responded by advising that dedicated Officers were required following the risk assessment carried out. He said that the charging policy for events was standard across Scotland. He advised that costs should not fall on the public purse for a commercial/community event. He said that geography, in this case, an island location, significantly affected the response capability of Police Scotland. MEMBERS’ QUESTIONS Councillor Green referred to the number of Police Officers within “L” Division and population figures for West Dunbartonshire and Argyll and Bute. Looking at the raw data from Police Scotland figures he sought and received agreement from Superintendent Stirling that 2,500 would require around 8 Officers for that size of settlement. Superintendent Stirling confirmed that the bare minimum required for the event would be 6 Police Officers Councillor Green sought and received confirmation from Superintendent Stirling that in exceptional circumstances Police leave could be cancelled or refused. Councillor Kain sought and received agreement from Ms Gilchrist that it was the case that there was a certain degree of self-policing within an island community and that during events the community policed itself. Ms Gilchrist also agreed that there were a higher proportion of retired Police Officers living on islands and that proportionally there were fewer incidents on islands. Councillor Kain suggested that the numbers required by Police Scotland were more than excessive due to the history of the festival and the island. Superintendent Stirling advised that it came down to public safety. Councillor Kain commented that these numbers seemed excessive and suggested that they would be more applicable for an urban community or a gang fight. Councillor Amanda Hampsey referred to the 2023 evacuation and asked Superintendent Stirling if this had been led by Police Scotland. Superintendent Stirling advised that he did not have the debrief to hand. He advised that there would have been a role for the Police in terms of co-ordination with other emergency services and overseeing. He said he was not being dismissive of the work carried out by the TMF Team. He advised that they did an excellent job with Police Scotland working in the background as co-ordinators. Councillor Amanda Hampsey advised of being at that event in 2023 and gave an overview of all the work carried out by the TMF Team and the local community to carry out the safe evacuation of the festival. She said she was not aware of what the Police Officers were doing at this time. Superintendent Stirling replied that he was not surprised that the Officers were not visible as there were only 5 dispersed across the area but work was going on in the background.
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Councillor Amanda Hampsey asked Superintendent Stirling how often there was no Police Officer on the island. He explained that although there was a permanent Police Officer on the island, she would have periods of leave. Councillor Hampsey referred to during the year when Tiree was without a Police Officer and asked if this could be considered in terms of a reduction at the festival. She asked if there was a distinction between the mainland and an island in terms of the availability of public policing. Superintendent Stirling referred to the geographical distance and said that Police Scotland had only a finite number of resources. For business as usual they looked at demand and crime levels. For Tiree business as usual was one Officer on the island. He advised that for Police Scotland to have the capacity to carry out all the necessary functions at TMF they would need to put in more Officers. He said he fully understood in terms of the geographical disadvantage of that. He referred to other events and said that the only way to provide resources for these was to have a financial agreement with the organiser of such events. He said there was now standard costing across Scotland which has led to a bigger increase in costs this year. Councillor Green referred to mention of the Islands Act and asked the Council’s Legal Manager, Ms Mair, if this was something that the Committee should be considering when coming to a decision. Ms Mair said it was not a specific consideration in terms of the report that was prepared. To be fair, she advised that she’d need to look at the detail of the Act before giving advice to Members. She noted that the Police have said that the charging was consistent across Scotland but whether additional resource requirements for an island come within the Act, she would need to check before giving advice. Councillor Kennedy-Boyle referred to security at the event and Police Scotland advising of the limitation of the powers of the private security that would be provided by the TMF organisers. She said it was her understanding that in Scotland there was the provision for a member of the public to carry out a citizen’s arrest until the Police were available to deal with the situation. She sought comment from Superintendent Stirling on that. Superintendent Stirling advised that in terms of a citizen’s arrest the security guards would have limited powers. If the event went ahead without the Police being present, the security guards would not have protection vests, batons, handcuffs or other personal protective equipment to deal with someone being violent. They would not be able to detain a person for any length of time, before breaching human rights laws which could leave the guards and the event open to litigation. He acknowledged that the security guards did a fantastic job, but they did not have the power to detain or arrest someone. Councillor Kennedy-Boyle sought and received confirmation from Ms Gilchrist that in terms of the security they would have in place they would be confident of undertaking any action within their own space should it be required before the Police arrived. Councillor Kennedy-Boyle referred to condition 5 (2) detailed within the report by the Head of Legal and Regulatory Services and sought clarity from Ms Mair on the following statement - “that there is, at the option of Police Scotland, a dedicated police presence of up to 6 Police Officers deployed on the island for the duration of the event”. She said this seemed to suggest it would be up to Police Scotland whether they put Police on the island or not and it did not suggest that the festival would be responsible for payment of these Officers. Ms Mair said the position about charging was a matter for Police Scotland and as Superintendent Stirling had stated, it was the policy of Police Scotland to charge for providing Police resources and that the charging of that was set by Police Scotland and not this Committee as the Council did not have control over that. The reference in the
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report to 6 Police Officers was included as Police Scotland had stated they would require 6 Police Officers. Councillor Kennedy-Boyle asked if the Committee accepted condition 5(2), were they effectively forcing the charging regime onto the festival. Ms Mair said that the Committee could take that view. She said the issue of charging was subject to discussion outside of the Committee and it had been stated that the charging issue could be subject to further discussion between the organiser and the Police. She advised that the reason this application had come to the Committee was due to the letter of objection from Police Scotland. She confirmed that the issue of charging was out with the Committee. She advised that if the Committee agreed that a Police presence was necessary this could mean there would be a charge. Superintendent Stirling acknowledged that the financial part was not part of the consideration. He advised that following on from today’s meeting they would continue to work with the Organisers to see what could be done. With reference to the question about whether there could be a reduction in the charge due to the Police Officer usually on the island not being there for normal policing, he advised that they could look at this further. Councillor Kennedy-Boyle sought and received confirmation from Ms Mair that the Committee were required to decide whether a Police presence was required. Councillor Armour said he struggled to understand why Police Scotland had allowed leave for the local Police Officer at this time. He commented that this festival happened at this time every year and questioned why they could not have made sure this week was blanked off preventing leave at that time. Superintendent Stirling said there were reasons for granting the Officer’s leave which he would not go into at this meeting. He said it was not ideal, but they had to look after the health and wellbeing of their Officers and that it was not unusual to go down to zero and that it was unfortunate that it would clash with this festival. Councillor Armour commented that if an Officer took leave there needed to be someone else to cover while they were off. He asked if this event was on the mainland, for example, Southend or Bridge of Orchy, would there still be a requirement for 6 Officers to Police these events. Superintendent Stirling advised that the number of Officers required was based on a risk assessment and the decision made would be specific to each event. In terms of civil contingencies, the Police were more able on the mainland to respond to incidents and were more able to move Officers around the country. Councillor Armour referred to the Islands Act and said that Tiree were being discriminated against in this respect. Councillor Philand referred to the charging Policy and comment made that another island had not been charged and said it seemed strange that one festival was being penalised, and one was not when they were both happening on islands. Superintendent Stirling agreed that it was strange. He advised that a risk assessment was carried out to assess whether a Police presence was required and if it was deemed that they were required then there would be a charge. Councillor Philand asked, if the decision was taken that no Police presence was required, and then an incident happened, who would carry the can for that and would it be the Council. Ms Mair said that was a difficult question. She said it would depend on the nature of what happened or what took place. She advised if it was a criminal act,
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potentially, Police Scotland have said that if they don’t have a presence then they could not take responsibility for what might happen. She advised that they have outlined the role and drawn up a very detailed procedure that would be followed as part of the organisation of this event. A Safety Advisory Committee (SAC) was a Group led by the Council and Chaired by an Environmental Health Officer and had partners on this including representatives from TMF and the Police and this Group looked at the detailed procedure for evacuation and a whole range of things. She said it would be difficult to say who would take responsibility before the aftermath. She pointed out that the local authority had a responsibility as in potentially granting the licence they had to be satisfied that they had considered all relevant factors. She said again that it would be difficult to say who would ultimately be responsible. Councillor Philand asked the Applicant if something were to happen, did they have cover in case of any litigation against them. Ms Gilchrist advised that they had many ways of mitigating scenarios that might happen. She also advised of having insurance in place for anything untoward that could happen, for example, if they needed to cancel prior to the event due to inclement weather. She said that they had documents drawn up that were taken by the teams if a full evacuation was required. She said there were robust mechanisms and insurance in place along with highly professional members within the security team. Councillor Amanda Hampsey stated that, when considering events on the mainland compared to Tiree, mainland festivals would benefit from existing police infrastructure and resources. These would include readily available Officers, custody suites, backup units, ambulance services, and night-time policing support. She expressed concern that these levels of resources were not ordinarily available on Tiree. As a result, the proposed approach effectively created a geographical penalty for island communities, whereby additional policing requirements had to be specifically arranged and funded, whereas on the mainland these would typically be covered by core policing provision and funded from the public purse. She highlighted that this disparity raised concerns about fairness and questioned at what point such geographic disadvantages should be addressed. She suggested that the Committee should consider ways to mitigate disproportionate costs placed on island events, rather than passing these costs directly onto the Tiree Music Festival. She further commented that there was a need to clearly distinguish between core policing responsibilities and additional services. In her view, the festival’s own professional security arrangements already mitigated many potential risks. She concluded by stating that it was difficult to justify a situation where policing support may effectively be free at mainland events, but charged for on Tiree, simply due to resource limitations, and that this raised issues of equity for island communities. She sought comment from Superintendent Stirling. Superintendent Stirling acknowledged and sympathised with the concerns raised regarding geography and costs. However, he advised that the decision to hold the event on Tiree, where there was ordinarily only one Officer available, necessitated the deployment of additional Police resources to the island to ensure safety. He explained that events on the mainland did not typically receive free policing resources unless there was a specific requirement; however, the key difference was that mainland locations had a much greater capacity to respond quickly to incidents under the Civic Contingencies framework. This level of response capability was not available on island locations such as Tiree.
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While he expressed understanding of the geographical challenges and associated costs, he noted that there was limited flexibility in how Police Scotland could address these issues. He emphasised that if the event was to proceed safely, a dedicated Police presence on the island was required. He further stated that any charging must be applied fairly and consistently across all events and not differ simply because the event was being held on Tiree. Councillor Amanda Hampsey stated that the rationale for policing should be the same for both mainland and island events. She suggested that, on the mainland, policing was more often a matter of Officers being available on standby within existing resources, rather than being specifically deployed solely for an event, as was being proposed for Tiree. Superintendent Stirling responded that, where additional officers were requested, there was a financial cost, and Police Scotland did not have surplus resources held on standby; Officers were generally engaged in their day-to-day duties. Councillor Hampsey clarified that she was referring to core policing services, which were funded from the public purse and existed to respond to incidents that could occur anywhere. She noted that Tiree Music Festival had significant private security arrangements in place, arguably more than would be present at many other locations where people gathered socially, such as music events or public spaces. She questioned whether a dedicated Police presence was always necessary, suggesting that there may be a greater likelihood of issues arising in mainland locations than on Tiree. Superintendent Stirling responded that the issue ultimately came down to geography. He reiterated that the decision to hold the event on Tiree meant that, due to its remote location, Officers were not readily available nearby to respond. On the mainland, Officers were positioned within closer proximity and could respond more quickly. He added that if there were sufficient Officers already based on Tiree, there would be no issue, but as this was not the case, additional policing resources were required to ensure the event could be managed safely. Councillor Green presented two hypothetical scenarios for comparison. He referred to the Isle of Skye, which, although classified as an island, was connected to the mainland by a bridge and was within a few hours’ drive of Inverness. He contrasted this with a mainland location such as Inverie, near Mallaig on the Knoydart Peninsula that may be less well connected in terms of transport links. He queried whether Police Scotland’s assessment was influenced less by whether a location was technically an island or mainland, and more by how well connected and accessible it was. Superintendent Stirling confirmed that connectivity and ease of access were key considerations, agreeing that the level of connection to other resources was a significant factor in assessing policing requirements. Councillor Brown referred to her involvement in the Connect Festival in Inveraray several years ago. She noted that the event was subject to a full risk assessment, during which Police Scotland determined the number of officers required to be present. She explained that the police presence for the entire weekend was based on the anticipated attendance numbers and was considered necessary to ensure public safety, regardless of what incidents may arise. . Councillor Brown emphasised that, for any event requiring a licence, public safety was the primary consideration. The requirement for Police Officers was determined through a risk
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assessment, and although this may increase costs (including wages), cost recovery was not the overriding factor. She further stated that all festivals were required to undergo the same risk assessment process, with Police Scotland deciding how many Officers were needed based on safety considerations. Superintendent Stirling confirmed that this was the case. Councillor Brown added that this approach applied consistently to events regardless of whether they were held on an island or the mainland, or whether the location was easily accessible. Councillor Kain observed that Tiree Music Festival could only take place on Tiree and therefore differed from events that could potentially be relocated elsewhere. He considered that there may be scope for compromise in this situation. Drawing on his own experience of conducting risk assessments, he noted that there were instances where UK Police have assessed that they were unable to attend certain locations, yet events had still proceeded. He therefore suggested that a pragmatic solution may be possible in this case. Councillor Kain acknowledged Police Scotland’s statutory responsibilities but emphasised his understanding of island communities and how they often operated with a degree of self-reliance. He proposed a potential compromise whereby, instead of a full deployment, a single police officer could attend in a liaison role, working alongside the TMF team and their private security. He suggested that this approach could help address safety considerations while recognising the unique circumstances of the island setting and the festival’s established track record. Superintendent Stirling acknowledged the points raised and indicated a willingness to engage constructively. However, he reiterated that, based on the risk assessment, Police Scotland’s professional view remained that 6 Officers were required to ensure the event was delivered safely. He added that, if the Committee were minded to require a Police presence, discussion could continue regarding how this might be delivered in practice. He emphasised that the focus for Police Scotland was not financial considerations, but ensuring that, should a licence be granted, appropriate measures were in place to maintain public safety. Councillor Green noted that the Committee may not be able to reach a final decision at this meeting. However, he queried that, if a decision were made requiring a police presence based on the indicated requirement of 6 Officers, whether the Tiree Music Festival would consider cancelling the event. Ms Gilchrist responded that she was unable to give a definitive answer at this stage. She advised that such a decision would require further consideration and discussion. Mr Gillespie added that the matter would need to be referred to the Festival’s Advisory Board. He noted that the organisers were in a challenging position in terms of ensuring the financial sustainability of the festival. Councillor Green asked, in the context of decision-making, what proportion of the festival’s income would be required to fund the proposed Police presence. He further queried what proportion of the ticket price would be allocated towards policing costs, based on the level indicated.
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Mr Gillespie advised that he did not have an exact percentage available. However, he stated that the cost of policing was higher than any other expenditure, including payments to artists and other suppliers. Councillor Green asked whether, if the Committee were to determine that a police presence was not required, Police Scotland would nevertheless feel it necessary to deploy any resources to Tiree as a precaution in the event of a serious incident. Superintendent Stirling advised that they would not deploy Officers in such circumstances. He explained that the only way additional Officers could be sent to the island would be through a planned and resourced deployment, taking account of time constraints and logistics. Without this, the only response in an emergency would be from mainland resources, potentially involving the Coastguard or helicopter support. He further noted that deploying officers to the island in this manner would incur costs significantly higher than those currently being proposed to the organisers and would be difficult to justify to the Police Authority. Ms Gilchrist advised that approximately 5% of ticket revenue would be allocated towards supporting a Police presence at the event. SUMMING UP Police Scotland Superintendent Stirling stated that he was sympathetic to the position of the organisers and acknowledged that the Tiree Music Festival was a valued event. However, he emphasised that Police Scotland faced constraints in terms of resources and funding, and that the geographical location of Tiree had to be considered as part of the risk assessment process. He explained that each event was assessed on its own merits to determine whether a Police presence was required and, if so, at what level. He reiterated that, without a dedicated policing presence on the island and the ability to respond immediately to issues relating to public order, public safety, or any significant incident, Police Scotland’s position was that the event would be considered unsafe. Applicant Mr Gillespie thanked the Committee for their time and consideration. He advised that the festival had been running for a number of years and that the organisers were committed to doing the right thing for both the event and the island community. He emphasised that the festival was extremely important to those involved and to Tiree as a whole. He noted that the organisation was not a corporate entity but a Community Interest Company, operating on a not-for-profit basis to support the island. He expressed concern that significant funds would be directed towards core policing costs rather than being reinvested into the island’s cultural activities. He highlighted that the festival played a key role in sustaining local culture and music on Tiree, and that this should be taken into account.
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Ms Gilchrist reiterated that the TMF brought significant economic benefit to the island. She advised that, over the past summer, approximately £1.4 million was returned to the local economy, supporting a wide range of businesses and services. She noted that, without the festival, there would be a significant negative impact on the sustainability of the island community, and that the event also supported other activities taking place on Tiree. She highlighted the challenges faced by island communities and emphasised that all residents were impacted by the realities of island life. She expressed concern regarding the difference in approach and pricing between TMF and festivals held on other islands, such as Skye, which she described was difficult to understand. She stated that it was important to find a balanced and proportionate solution, noting that island events should not be considered in isolation without recognising their unique circumstances. She confirmed that the organisers remained committed to taking a pragmatic and proportionate approach to resolving the situation, although acknowledged that the current position was not where anyone would wish to be. She advised that, while Police Scotland’s position was based on safety, the organisers had worked extensively to mitigate risks and deliver a safe event, in line with the Purple Guide. She expressed disappointment that the matter had reached this stage. She emphasised that the festival operated as a Community Interest Company, with any surplus reinvested into the local community, and that governance arrangements were robust, with accounts publicly available. She confirmed that there was no objection to Police Scotland being present on the island during the festival, and that Officers would be welcomed on site. She noted that the Police had attended previously and engaged positively with the community. She concluded by stating that the festival had consistently been managed in accordance with safety guidance and best practice, and invited the Committee to consider whether, given the strong safety record and robust systems in place, it would ordinarily be expected for a licensed event to require a dedicated Police presence in such circumstances. When asked, both parties confirmed that they had received a fair hearing. DEBATE Councillor Green sought and received confirmation from Ms Mair that the option was there for the Committee to continue consideration if they decided they required further information. Councillor Kennedy-Boyle stated that, having reviewed the recommendations, she was content with the provisions set out in paragraph 5.1 of the report and the wider section 5, particularly recommendation (1). However, she expressed reservations regarding recommendation 5.2, which she considered appeared to represent a compromise position contingent on the festival proceeding with all approved safety plans in place and implemented. She noted that recommendations (6), (7) and (8) also addressed implementation matters and included Police Scotland involvement. She advised that, if there was an option to amend recommendation 5 by removing point (2), she would be minded to support the granting of the licence. However, she remained uncomfortable with
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that specific point, as she felt that operational matters were still to be resolved and should not necessarily be included as part of the licensing condition at this stage. Councillor Green asked whether there was an option to remove that element entirely as a condition of the licence. Ms Mair advised that, if this reflected the view of Members, it would be possible to amend the recommendation accordingly. However, she noted that removing this condition would leave unresolved the issue of whether a Police presence was required on the island, which would then remain a matter for further discussion. She suggested that a continuation of the application could allow additional time for discussions between Police Scotland and the Applicant to explore whether a compromise could be reached. She further explained that removing the condition at this stage could result in the licence being granted without clarity on the requirement for a Police presence, depending on the Committee’s position. She indicated that a continuation may enable further constructive dialogue and allow a more fully agreed position to be brought back before Members for decision. Further discussion took place on whether the Committee should continue consideration of the application or make a decision today. The consensus was to continue consideration to allow further negotiations and discussions between Police Scotland and the Applicant and for any points of clarity including the Islands Act to be researched. DECISION The Committee agreed to continue consideration of the application to allow further negotiations and discussions between Police Scotland and the Applicant and for any points of clarity including the Islands Act to be researched. It was noted that only those Members present today would be able to take part in the final determination of this application. (Reference: Report by Head of Legal and Regulatory Support, submitted)