Democracy Spraffa

Printed minutes

Argyll and Bute Council · 25 June 2024
Back to Argyll and Bute Licensing Board — 25 June 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

MINUTES of MEETING of ARGYLL AND BUTE LICENSING BOARD held BY SKYPE 
on TUESDAY, 25 JUNE 2024 
Present:  Kieron Green (Chair)
Mark Irvine (Vice-Chair)
Graham Hardie
Paul Kennedy
Audrey Forrest 
Jan Brown  
Attending: Susan Mair, Depute Clerk to the Board
Kelly Coffield, Admin Assistant
Sergeant Ben Rusden, Police Scotland
Eric Dearie, Licensing Standards Officer
Raymond Park, Licensing Standards Officer 
1. APOLOGIES 
Apologies were intimated from Dougie Philand, Liz McCabe and Amanda Hampsey. 
2. DECLARATIONS OF INTEREST 
Paul Kennedy declared a non-financial interest at Agenda Item 7(a)( Application for a
Personal Licence – Karen Sharkey) as he knew the applicant 
3. APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 14TH MAY
2024 
The minutes from the meeting held on 14th May 2024 were submitted and approved. 
4. APPLICATION FOR A PREMISES LICENCE 
(a) The Red Herring Seafood Restaurant, 196 Stanley Place, Harbour
Street, Tarbert, PA29 6UD 
It was noted that this application would require to be dealt with as a
provisional application as a section 50 certificate was still awaited from
building standards. 
Andrew McIlvride, Agent and Architect for the applicant attended and
spoke to the terms of the application. He advised that the applicant,
James MacMillan, had taken over the premises and would be selling
seafood from Tarbert. 
Eric Dearie, Licensing Standards Officer outlined the terms of the
Operating Plan and confirmed that he had no issues with the application.

Page 2

Audrey Forrest enquired about the outstanding Building Warrant and
asked if it was being dealt with. Mr McIlvride advised that he had spoken
to the Landlord who was now speaking to his Lawyer but confirmed that it
was being dealt with. 
The Chair moved to grant the application as a provisional licence. 
With no-one else being otherwise minded, this became the decision of the
Board. 
5. APPLICATION FOR A PROVISIONAL PREMISES LICENCE 
(a) The Bothy, Port Ellen Playing Fields, Port Ellen, Isle of Islay, PA42
7BY 
The applicant, Sheila Corson attended and spoke to the terms of the
application. She advised that the building had not yet been completed and
she was not sure of the completion date but it would probably be some
time in August or September. 
Eric Dearie, Licensing Standards Officer outlined the terms of the
Operating Plan and explained the layout plan. He then read the terms of
his report. 
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) Cadenhead's Campbeltown Whisky Shop & Tasting Room, 30-32
Union Street, Campbeltown, PA28 6JA 
The premises manager, David Wood attended and spoke to the terms of
the application which sought to:- add a ticketed tasting area for
warehouse tours; change the description of the premises; change the
layout plan to incorporate the new tasting area; and change the children
and young persons’ conditions. 
In relation to the comments from Building Standards and Planning, Mr
Wood advised that the building had been assessed in connection with the
change of use. 
Eric Dearie, Licensing Standards Officer referred to the terms of his
report. 
Jan Brown asked if the ticketed events were pre-booked only and Mr
Wood advised that this was the case.

Page 3

Jan Brown asked what the Board were able to grant in light of the
comments from Planning and Building Standards. 
Susan Mair, Depute Clerk to the Board advised that it sounded as if the
issues were in hand and therefore the variation could be granted, subject
to any outstanding issues being resolved. 
The Chair moved to grant the application. With no-one else being
otherwise minded, this became the decision of the Board. 
(b) Croft 3, Fanmore, Isle of Mull, PA73 6LX 
Jeanette Lynn, Licence Holder for the premises attended and spoke to the
terms of the application which sought to extend the core hours for on and
off-sales to 11a.m. to 10p.m. Monday to Saturday. 
The Licensing Standards Officer, Raymond Park outlined the changes to
the Operating Plan which included a seasonal variation providing that the
premises would open with restricted hours, dependent on demand, from
November to March. 
The Chair moved to grant the variation as applied for. With no-one else
being otherwise minded, this became the decision of the Board.
.
(c) Lismore Stores, Lismore, PA34 5UG 
Brona Sullivan, Premises Manager attended and spoke to the terms of the
application. She advised that they had recently taken over the shop as a
community enterprise and, in order to maximise sales, they wanted to
open for longer on Saturdays. She explained that the island population
increased at weekends with tourists visiting. They also wished to extend
the core hours on a Wednesday so they are open for the full day. 
The Licensing Standards Officer, Eric Dearie advised that this was a
straightforward application and he had no issues with it.  
The Chair moved to grant the application as applied for. With no-one else
being otherwise minded, this became the decision of the Board. 
(d) Summer Bay Hotel, 23 Battery Place, Rothesay, PA20 9DU 
David Fitzgerald, Licence Holder attended and spoke to the terms of the
application which sought to amend the terms and times for the children
and young persons’ conditions. He explained that they had lots of children
in the premises and they do not like having to turn away families. 
The Licensing Standards Officer, Raymond Park advised that children and
young persons were currently only permitted access when having a meal
or attending a function. The licence holder wished to be able to permit
them access, without the need for a meal, until 5.00pm.

Page 4

Audrey Forrest asked if they were going to be in during the afternoon,
what area would they be using. The applicant advised that there was a
small area outside but, if it was raining, they would be in the bar. 
The Licensing Standards Officer advised that they would not be near the
bar counter. 
The Chair moved to grant the application as applied for. With no-one else
being otherwise minded, this became the decision of the Board. 
(e) Co-op Cardross, Main Road, Cardross, G82 5PD 
Lewis Barn of Hill Brown, Solicitors, Glasgow attended on behalf of the
applicant and spoke to the terms of the application which sought to add
home deliveries at Question 5(f) of the Operating Plan. He advised that
there was an appetite for this service and it operated successfully from
many of their stores across Argyll and Bute. 
The Licensing Standards Officer, Raymond Park explained that it was
very much as outlined and he would be happy to monitor this during his
inspection programme. 
Graham Hardie asked if purchases could be made online or could the
orders just be placed in store. The applicant advised that they could do
both. 
Graham Hardie asked if there was any age verification in place during an
online order. The applicant advised that there was a safeguard in place on
delivery and the delivery drivers would have to do a Challenge 25 check. 
Audrey Forrest advised that she had used the co-op delivery service
online and it was a good and robust service. 
Paul Kennedy said that there used to be a diary that was kept and asked
if this was still in place. The applicant confirmed that they have to keep a
record book. 
The Chair moved to grant the application as applied for and, with no-one
else being otherwise minded, this became the decision of the Board. 
7. APPLICATION FOR A PERSONAL LICENCE 
(a) Karen Sharkey, 38 Camperdown Court, Helensburgh, G84 9HJ 
Sergeant Ben Rusden was called into the meeting. 
The Chair advised that the application had been withdrawn. 
8. REVIEW OF PERSONAL LICENCE

Page 5

(a) Annmarie MacLean, 17 The Greens, Glencruitten Road, Oban, PA34
4DD 
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 14th May 2024 in
terms of section 84A(1) of the Licensing (Scotland) Act 2005 that the
licence holder, Ms MacLean, had acted in a manner inconsistent with the
following licensing objectives  articulated at Section 4(1)(a),(b),(d) and (e)
of the 2005 Act, namely:- 
• Preventing crime and disorder
• Securing public safety
• 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 Ben Rusden was in attendance on behalf of the Chief Constable
and spoke to the terms of the report. 
Having heard from Sergeant Ben Rusden 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. 
(b) Vinuraj Kumar, Flat 1/1, Annfield, Shore Road, Kilcreggan, G84 0JH 
The Depute Clerk advised that the licence holder, Mr Kumar, had been in
touch to advise that he would be out of the country when the meeting was
taking place and asked if it could be continued to the following meeting. 
The Depute Clerk recommended that the Board agree to continue the
hearing to allow the licence holder an opportunity to be heard. 
The Chair asked if the Board would be content to allow the hearing to be
continued. With no-one else being otherwise minded, the Board agreed  
to continue the Hearing to the next meeting on 24th September. 
Sergeant Ben Rusden left the meeting. 
9. REVIEW OF PERSONAL LICENCES 
(a) Revocation of Personal Licences where licence holders have not

Page 6

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. 
10. REVIEW OF PREMISES LICENCES 
The Licensing Board had made the decision at the meeting on 25th June to hold a
premises licence review hearing in respect of any premises who had still not paid their
annual fee which was due to be paid on 1st October 2023. 
The Depute Clerk advised that there had been no response from any of them despite
various letters, emails and efforts to contact them and they had all been made aware of
the consequences of a continued failure to pay the annual fee. 
The Chair moved that the premises licences for the following four premises be revoked:- 
Ailsa Bar, Shore Street, Campbeltown
Kilmelford Village Store, Kilmelford
Balmoral Hotel, Craigard Road, Oban
Plaisir du Vin, Fairfield Gardens, Kilcreggan 
The Depute Clerk advised that the revocation takes immediate effect. The premises can
remain open but they cannot sell alcohol. 
With no-one else being otherwise minded, the Board agreed to revoke the four premises
licences. 
11. ANY OTHER BUSINESS 
(a) September Licensing Board Date 
The date of the September Licensing Board meeting has been changed
from Thursday 26th September to Tuesday 24th September 2024. 
12. DATE OF  NEXT MEETING

Page 7

The next meeting of the Licensing Board will be held on Tuesday 24th September 2024 at
11.00am by Teams.