Printed minutes
Argyll and Bute Council · 24 September 2024
Back to Argyll and Bute Licensing Board — 24 September 2024 and its agenda
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MINUTES of MEETING of ARGYLL AND BUTE LICENSING BOARD held in the BY TEAMS on TUESDAY, 24 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor Audrey Forrest Councillor Amanda Hampsey Councillor Graham Hardie Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie Philand Attending: 1. APOLOGIES Apologies were intimated from Mark Irvine and Jan Brown. 2. DECLARATIONS OF INTEREST It was noted that there were no declarations of interest. 3. APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 25TH JUNE 2024 The minutes from the meeting held on 25th June 2024 were submitted and approved. 4. APPLICATION FOR A PREMISES LICENCE (a) Shop at The Inn, Port Nan Gael, Pennyghael, Isle of Mull, PA70 6HB Sandy Murray, Solicitor for the applicant attended and spoke to the terms of the application. The premises was formerly an accommodation unit and has now been converted to a shop and is operating successfully. They want to be able to sell alcohol to the local community and the caravan park. Raymond Park, Licensing Standards Officer advised the alcohol covered 7.7% of the floor space which is acceptable. He advised that the Seasonal variation was out with Board policy. Sandy Murray replied that Mull is busy in the summer but during the winter it is very quiet and there are very people around which is the reason for the seasonal variation. The Chair moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board.
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5. APPLICATION FOR A PROVISIONAL PREMISES LICENCE (a) Helensburgh Service Station, Cardross Road, Helensburgh, G84 7LA Andrew Hunter, Solicitor attends on behalf of the application together with Liam Thom, the Manager of the premises. The applicants acquired the service station at Helensburgh which currently operates as Morrisons. They are looking to offer a small alcohol offering in the new set up. There is only one other service station in Helensburgh. They will be offering deliveries in the future although they are not occurring at the present time. Raymond Park, Licensing Standards Officer confirmed the display areas were in line with the mandatory conditions and advised Deliveries should be noted as an additional activity at question 5(f) of the Operating Plan. Graham Hardie asked if you would be able to order deliveries online. Andrew Hunter advised that you use an online app to make the delivery request and the delivery drivers use Challenge 25 when making the deliveries. He added that all delivery drivers are trained. The Chair moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board. 6. APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE (a) Brambles Bistro, Main Street West, Inveraray, PA32 8TH Sandy Murray, Solicitor attended on behalf of the applicant and spoke to the terms of the variation which sought to incorporate the rooms above and the garden room into the licensed area. They also wished to tidy up the licence and bring it into line with more modern wording. Raymond Park, Licensing Standards Officer advised that the seasonal variation was not in line with Board policy. Sandy Murray replied that Inveraray was very busy in the summer and quieter in the winter but that they do have occasional functions and they were looking for flexibility to open up for them. The Chair asked if it was pre-booked meals only on the evenings they opened in the winter. Sandy Murray confirmed they would all be pre- booked. The Chair moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board.
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(b) Islay Rum Distillery, Old Lemonade Factory, Port Ellen, Isle of Islay, PA42 7BZ Stephen McGowan, Solicitor attends on behalf of the applicants together with Caroline James from Vintage Malt Whiskies. Stephen McGowan explained the applicants wish to add a retail facility to promote the Brand. It will be a small facility as it is still a distillery. Raymond Park, Licensing Standards Officer advised it was a developing business. Liz McCabe wished them good luck in their new venture. Amanda Hampsey said she had visited and had been very impressed. She advised she was fully approving of the application. The Chair moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board. (c) Isle of Jura Distillery Visitor Centre, Craighouse, Isle of Jura, PA60 7XT Teigan Horne of Whyte and MacKay attends on behalf of the applicants together with Kirsty Wright, premises manager. Teigan Horne explained they wish to vary the existing licence to add tours, include on-sales and increase capacity. They also wish to remove the seasonal variation and add children and young person’s conditions in line with adding on-sales. Raymond Park, Licensing Standards Officer advised new plans had been submitted which came up to standard and he had no issues with the application. The Chair questioned their Children and Young persons conditions. They have worded it as children aged 8 and over only. He thought this was a very strict condition and asked if they would be content to change it to 0- 15 years on the terms of the licence but they can choose to keep it to 8 years or over on the premises if they wish. For tours and tastings he asked that from 6.00pm onwards to keep it to adults only. Raymond Park advised that if they were going to have children between 0-5 years on the premises they would need to have baby change facilities. He also advised the Operating Plan would need to specify what ages were permitted. Teigan Horne confirmed this was all fine. The Chair moved to grant the application. With no-one else being otherwise minded, this became the decision of the Board. (d) Jura Village Hall, Craighouse, Isle of Jura, PA60 7XS Katy Beasley, Premises Manager for the premises attended and spoke to
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the terms of the variation which sought to add off-sales to the operating plan and to add an outdoor licensed area which would extend the capacity figure to 165 persons. Raymond Park, Licensing Standards Officer explained there had been an issue with the larger capacity as Building Standards advised there were not enough toilet facilities for this amount of people. The applicant, Katy Beasley, advised she would be happy to provide portaloos where they were holding events which may bring the capacity figure up to that amount. The Depute Clerk advised that a condition could be added to the licence regarding extra toilet facilities when they were holding large events. The chair moved to grant the variation with the additional condition. With no-one else being otherwise minded, this became the decision of the Board. (e) Malcolm Elliot Stores Ltd, Salen. Aros, Isle of Mull, PA72 6JB Gavin Ellis, one of the Directors attended on behalf of the licence holders and spoke to the terms of the variation which sought to increase the alcohol capacity by a small amount. He explained they were carrying out a refurbishment of the premises which involved moving the alcohol resulting in a small increase. The alcohol would be moved into an area where it was easier to see and therefore increased security. Raymond Park, Licensing Standards Officer advised the alcohol would be taking up 2.79% of the floor space and he had no issues with the variation. Amanda Hampsey said it was a well thought out plan and it was good to see investment in the local community. The Chair moved to grant the variation and with no-one else being otherwise minded, this became the decision of the Board. (f) The Anchor Tavern, Marine Road, Port Bannatyne Road, Isle of Bute, PA20 0LL Jenny O’Hagan, Premises Manager attends on behalf of the applicants and spoke to the terms of the variation. She explained there was a community bought shop next door to the premises. This has now been done up by volunteers to be used as a community space and has been extended to become part of the premises. She advised it was already being used well by the community. It increases the capacity of the premises to 64 for the pub. For the Hub the capacity was 22 seated and 22 standing. There was floor space for five tables. They also wish to add films as an activity on the licence. Raymond Park, Licensing Standards Officer confirmed he had no issues. Liz McCabe congratulated them on the work carried out to the Pub and
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Hub and said it looked fantastic. The Chair moved to grant the application as applied for. With no-one being otherwise minded, this became the decision of the Board. (g) The Glen Bar & Restaurant, Carradale Road, Campbeltown, PA28 6QG May Currie, Premises Manager attends on behalf of the premises and spoke to the terms of the variation which sought to amend the seasonal variation. She advised costs had risen dramatically and in the current climate it was not viable to stay open for seven days a week over the winter period. Raymond Park, Licensing Standards Officer advised it was out with Board policy but believed the wording should be considered in light of what had just been said. The Chair said he was inclined to think it would better if the Seasonal variation would be worded to open on demand as it gives greater flexibility. May Currie agreed and said that in the past she had to turn down funerals with the current seasonal variation and it would be good to have that degree of flexibility. Raymond Park suggested to keep the core hours as they were and to amend the seasonal variation to suit. The Chair moved to grant the variation with the flexibility written into the seasonal variation. With no-one else being otherwise minded this became the decision of the Board. (h) The Wee Wine Shop, 108 George Street, Oban, PA34 5NT Simone Korber, licence holder for the premises attended and spoke to the terms of the variation. She advised they would like to add a store bottling experience. This involves adding a small cask within the shop and to put in cocktails or spirits. They also wish to add paid sample tastings. They would charge a small fee for that. She also added that they are now authorised wholesalers so wish to add that into the licence too. Raymond Park, Licensing Standards Officer advised the variation was to tidy up the Operating Plan to make sure all activities were included. The Chair asked about the current Children and Young Persons conditions. The applicant advised that when they did the tastings children were not permitted to be there as they didn’t believe it was appropriate to have children around. The Chair suggested that if it was a paid sampling then children should not be present after 6pm? The applicant agreed with this suggestion.
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The Chair moved to grant the variation with the change to the children and young person’s conditions. With no one else being otherwise minded this became the decision of the Board. 7. APPLICATION FOR A PERSONAL LICENCE (a) Susan McKeitch, The Argyll Hotel, Flat 1, 69 Lochnell Street, Lochgilphead, PA31 8JN The applicant, Susan McKeitch attended the meeting. She advised that she was now running the Stag Hotel, Argyll Inn and The Comm when that re-opens and therefore she needs a personal licence. She acknowledged the incident was stupid however it was a few years ago now and she has moved on from it. Sergeant Holmes, Police Scotland reads out the letter from them advising us of the incident. Graham Hardie says the applicant was seriously over the limit and asks why she was in that situation. Susan McKeitch explains she had finished a shift in the Argyll Inn and went home and had a drink. She went to bed and was awoken by a phone call from her daughter who was in trouble and needed picking up . She now knows it was the wrong thing to do but says she felt alright at the time. The Chair asked how long it was after drinking that she drove the car. The applicant advised it was about three hours. The Chair then asked if she had done the training for her personal licence to which she replied she had. The Chair asked if her relationship with alcohol had changed. The applicant replied it had. She was in hospital last year and was told she had to stop drinking. She now only has a couple of glasses and drinks alcohol free versions a lot of the time. Paul Kennedy advises he has no objection to the licence being granted as it was a few years ago and she needs her personal licence to be a premises manager. Paul Kennedy asked why the conviction was not on her application form. The applicant advised this was a mistake. Graham Hardie says it was a serious offence but as she has a health condition and cannot drink he would be happy to grant the licence. Audrey Forrest acknowledges that she is of a similar mind and would be happy to grant the licence.
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Dougie Philand also advises he is of a similar mind. She has paid the penalty and would be happy for the licence to be granted. The Chair says that having heard from the applicant that she is remorseful, he is minded to support the application and moves to grant. With no-one else being otherwise minded this became the decision of the Board. 8. E1 APPLICATION FOR REVIEW OF A PERSONAL LICENCE (a) Gordon McNeill, 24 Cara View, Tayinloan, PA29 6XJ The Board resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 3 and 14 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. A report from the Chief Constable had been received on 24th July 2024 in terms of section 84A of the Licensing (Scotland) Act 2005 that the licence holder, Mr McNeill, had acted in a manner inconsistent with the following licensing objectives articulated at Section 4(1) of the 2005 Act, namely:- • Preventing crime and disorder • Protecting and improving public health • Protecting children and young persons from harm The licence holder was not in attendance despite being notified of the hearing on a number of occasions. Sergeant David Holmes was in attendance on behalf of the Chief Constable and spoke to the terms of the report. Having heard from Sergeant David Holmes and seeking clarification on a number of points, the Chair moved that the licence be revoked with immediate effect to uphold the licensing objectives. With no-one else being otherwise minded, this became the decision of the Board. 9. APPLICATION FOR REVIEW OF A PERSONAL LICENCE (CONTINUED FROM A PREVIOUS MEETING) (a) Vinuraj Kumar, Flat 1/1, Annfield, Shore Road, Kilcreggan, G84 0JH The licence holder, Vinuraj Kumar attended the hearing. He advised he needed his licence to keep the shop going. Sergeant Holmes, Police Scotland reads out the letter from Police Scotland.
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Amanda Hampsey asks why Mr Kumar was not breathalysed at the time he was arrested. Sgt Holmes advised the intoximeter was giving an error message which was why they tested his urine rather than breath. Graham Hardie asked Mr Kumar how he found himself in that situation. Mr Kumar advised he has stopped drinking, his family have stopped talking to him and it has really affected him. The Chair feels that taking into account the fact that he holds a licence and was found guilty of a serious offence, the Board need to take some form of action, Audrey Forrest says she is inclined to agree. No real mitigation has been put forward and they need to take some kind of action. Paul Kennedy agrees and asks if the licence can be suspended. Raymond Park, Licensing Standards Officer advises the Board that Mr Kumar is not the Premises Manager and therefore the shop can carry on selling alcohol. The Chair asks the other Board Members if a six month suspension would be enough or should the licence be revoked. Audrey Forrest advises that regrettably she would be supporting revocation. Liz McCabe feels that the suspension would be better. She thought that Mr Kumar was full of remorse and felt the language barrier had been a problem. Graham Hardie agrees with Liz McCabe adding he is full of remorse and doesn’t touch alcohol now. Paul Kennedy also agreed with Liz McCabe that a six month suspension would be appropriate. Dougie Philand also agrees with a six month suspension. The Chair asked if any Member proposes the six month suspension. Liz McCabe agreed to propose it and this was seconded by Graham Hardie. The Chair advised the language barrier had not been helpful but it was a serious offence. He moved to impose a six month suspension of his personal licence. With no-else being otherwise minded, this became the decision of the Board. 10. REVIEW OF PERSONAL LICENCES
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(a) Revocation of Personal Licences where licence holders have not undertaken the refresher training. The list of personal licence holders who had not undertaken the required refresher training within the prescribed timescale was noted and the Board agreed to revoke their personal licence. (b) Revocation of Personal Licences where licence holders have not applied to renew their licence. The list of personal licence holders who had not submitted an application to renew their licence was noted and the Board agreed to revoke their licence. 11. ANY OTHER BUSINESS (a) Festive Hours Policy 2024 The Licensing Board approved the 2024 Festive Hours Policy. 12. DATE OF NEXT MEETING