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Item 4 - Ardoch House - Details Page

West Dunbartonshire Council · 10 January 2023
Back to Licensing Board — 10 January 2023 and its agenda

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THE LICENSING (SCOTLAND) ACT 2005 
Application for Variation of Premises Licences           Objection & Representations                       
Ref:     WDLBPREM/0255. 
Name and Address of Premises:  Ardoch House, Gartocharn, Alexandria G83 8ND 
Applicant/Licence Holder:  TLT Solicitors / Ardoch Loch Lomond Limited. 
Type of Premises:    On & Off Sales. 
Proposed Application: Amendment to wording at Q 5(f) to include reference to
pop-up bars and marquees, and activities that may
take place within the outdoor areas/marquees.                                                                 
Amendment to wording at 6(b) relating to access by
children and young persons. 
Addition of outdoor events area. 
Amendment to description of premises, to the
following:- 
“Originally a farm, set in an estate of 133 acres, the
premises have a charming blend of traditional style
and modern facilities. The premises include guest
houses, meeting rooms, outside terrace and courtyard
for guests and visitors to use, as well as outdoor areas
for events within which marquees may be used. There
is no fixed bar within the premises but pop-up bars
may be used.                                                 
Police Authority Comments:               No comment.     
Licensing Standards Comments:  The Licensing Board are advised to consider
paragraphs 18.9 and 18.11 of their Statement of
Licensing Policy which state; 
18.9 The Licensing Board will expect applicants to
demonstrate their intention to put in place effective
management controls, supervision and other measures
to ensure the use of such outdoor areas by patrons
does not have an adverse impact on the locality,
particularly to occupiers of premises in the vicinity of
the premises.  In relation to noise control and in
pursuance of the licensing objective of preventing

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public nuisance generally, the Licensing Board will not
permit amplified sound or music to be played within, or
relayed to, outdoor drinking areas nor live music to be
played within these areas.   
18.11 The Board is of the view that unless outside
drinking areas are out-with earshot range of
neighbouring premises that there should be no sale or
consumption of alcohol in outside areas after 10 p.m. 
Glasses and other receptacles must be cleared away
by 10.15 p.m.  A condition to this effect will be included
in Premises Licences. 
Finally the Licensing Board may wish to seek
clarification from as to the extent of the variation to the
access to the premises by Children and Young
Persons. 
Fire Authority Comments:             No comment.     
Regulatory Services Comments:        Environmental Heath:- Representation 
With regard to the application which includes use of
marquees for outdoor events, the Environmental and
Public Protection Group of Environmental Health
would be concerned that noise issues may arise from
this proposed use and impact amenity of nearby
properties. 
No specific noise assessment or details of proposed
mitigation measures has been provided for review to
allow Environmental Health to provide our full and final
comments on the proposal. 
Various factors may affect noise propagation from this
proposed use in that area, including but not limited to:- 
• Sound power level of speakers 
• Different band/DJs using any equipment
• Type of music 
• Number of speakers / speaker orientation 
• Wind /weather conditions etc.
• Number of events 
Further information on noise mitigation proposed /
noise impact assessment was requested from the
applicant on 9 December 2022.  The response
provided by the Applicant’s Agent stated that no
specific noise mitigation measures were proposed and
did not contain sufficient details to address our
concerns.

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Building Standards – Objection 
Building Standards has not received a Building
Warrant application for the marquee. It would only
meet the definition of a temporary building that does
not require a building warrant if it meets the following
criteria:                                                                                                                                 
There is not adequate information provided to clarify if
this is intended to be a temporary, limited life or
permanent structure. However, I note in the operating
plan the statement “For a number of weeks each year,
no alcohol will be sold in the premises at all…..”,
which would lead me to believe it will be either limited
life or a permanent structure. As such, a Building
Warrant should be sought and approved before work
on site commences. A completion certificate should be
accepted by WDC before the occupation of this
structure. 
In summary, unless it can be demonstrated that the
proposal is a temporary structure as per the definition,
Building Standards would object to a licence being
granted for use of a structure that is unauthorised
works. 
Community Council Comments:        No objection.   
Health Board Comments:            No comment. 
Access Panel:    No comments received.         
Additional Comments:  None. 
Section 50 Certificates:    Not required.

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Decision: