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