Printed minutes
Argyll and Bute Council · 14 May 2024
Back to Argyll and Bute Licensing Board — 14 May 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 in the BY SKYPE on TUESDAY, 14 MAY 2024 Present: Councillor Kieron Green (Chair) Paul Donald Kennedy Mark Irvine Liz McCabe Councillor Jan Brown Councillor Audrey Forrest Councillor Graham Hardie Councillor Mark Irvine Councillor Paul Donald Kennedy Councillor Liz McCabe Attending: Susan Mair, Depute Clerk to the Board Margaret MacLean, Admin Assistant Kelly Coffield, Licensing Assistant Eric Dearie, Licensing Standards Officer Raymond Park, Licensing Standards Officer 1. APPOINTMENT OF CHAIR OF THE LICENSING BOARD Susan Mair, Depute Clerk welcomed everyone to the first meeting of the new Board. Ms Mair invited nominations for election to the position of Chair of the Licensing Board. Audrey Forrest nominated Kieron Green as the position of Chair and this was seconded by Mark Irvine. Decision The Board agreed to the appointment of Kieron Green as Chair of the Licensing Board. Ms Mair invited Kieron Green to take the Chair. 2. APPOINTMENT OF VICE-CHAIR OF THE LICENSING BOARD
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Kieron Green thanked his colleagues for electing him as Chair of the Licensing Board and thanked them for their support. The Chair proceeded to invite nominations for election to the position of Vice-Chair of the Licensing Board. Audrey Forrest nominated Mark Irvine for the position of Vice Chair and this was seconded by Jan Brown. Decision The Board agreed to the appointment of Mark Irvine as Vice Chair of the Licensing Board. The Chair paid tribute to Councillor Robin Currie. He said Councillor Currie was a value member who cared for his Community and will be sadly missed. Susan Mair, Depute Clerk echoed these sentiments and advised that he was a long standing member of the licensing board. Susan Mair advised that Margaret MacLean, Admin Assistant, was retiring at the end of the month after more than 20 years’ service. Ms Mair said she was a valued member of staff with extensive knowledge and wanted to express her appreciation of the work she carried in licensing over these years. She wished Mrs MacLean a happy retirement. 3. APOLOGIES Apologies were intimated from Dougie Philand, Amanda Hampsey and Luna Martin. 4. DECLARATIONS OF INTEREST Paul Kennedy declared a non-financial interest at Agenda item 5(f) (Application for a Major Variation) as he knew the applicant. 5. APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 27TH FEBRUARY 2024
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The minutes of the meeting held on 27th February 2024 were submitted and approved. Susan Mair, Depute Clerk referred to the Review of Premises Licence for the Lochavullin Bar, Oban and provided a brief summary as press and public were excluded from the meeting on 4th March 2024. Ms Mair advised that that an application had been received on 20th February, 2024 from the Chief Constable for a review of the premises licence in respect of the Lochavullin Bar, 33-35 Combie Street, Oban PA34 4HS. The application had been made in terms of the grounds set out at section 36(3)(za) of the Licensing (Scotland) Act 2005 that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence. After extensive questioning and deliberations, the Chair requested that a provisional date be arranged for a Board meeting to consider any transfer application, should one be submitted, within 28 days. Ms Mair said that the Chair moved that the grounds of review had been established in terms of section 36(3)(za) and therefore the licence was revoked but would not take effect until the expiry of the 28 day period. She confirmed that no application had been received within the timescale, therefore the premises licence was revoked on 31st March 2024 and that the premises were now closed. 6. APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE (a) 48 Sinclair Street, Helensburgh, G84 8TQ Paul Kennedy leaves the meeting. The applicant, Anthony Johnstone attended and spoke to the terms of the application which sought to change the layout plan to add a delicatessen to the premises; reduce on sales capacity by 25 persons to 247 persons; change of premises manager to Anthony Johnstone and amend the wording at Question 5(f) Any Other Activities. Mr Johnstone explained that a new retail shop was due to be sited in the property next door but due to delays, he wanted to change the shop itself. Raymond Park, Licensing Standards Officer said that this was a long term project and this was the next stage and had no issues with the application. The Chair referred to the layout plan and asked if permission was granted for the external area. Mr Johnstone was not sure about this as it was a third party who was dealing with matter but said he would look into it. The Chair asked if the plan had been amended and Mr Johnstone replied yes, as the original plan showed double tables but these had been replaced by single tables. Jan Brown enquired about the building warrant. Mr Johnstone and advised that this was an oversight on his part and will ensure this will be rectified and will comply with building standards requirements.
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The Chair moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board. (b) Ardshiel Hotel, Kilkerran Road, Campbeltown, PA28 6JL Paul Kennedy returns to the meeting. Applicants, Flora Grant and Marion MacKinnon attended and spoke to the terms of the application which sought to add a timber cabin to the external licensed area for the sale of alcohol; amend operating plan to allow the external area to be used prior to core hours for breakfasts, soft drinks, snacks and hot drinks and amend wording at Question 5(f) regarding the timber cabin in the external area. Ms Grant said that the timber cabin would enable them to pour and serve alcohol within the garden at the rear of the premises which would prove to be a huge advantage during the summer months. Eric Dearie, Licensing Standards Officer stated that the timber cabin had already been erected but was not included in the layout plan therefore this was a tidy up application and had no issues. Mark Irvine asked if any alcohol would be stored overnight within the cabin and was it secure. Ms Grant said that kegs would be kept there and very few spirits but would remove them if required. She added that the cabin was locked and there was CCTV in place in the external area. Jan Brown asked if a member of staff would be present within the area at all times. Ms Grant replied no, only as and when required since it was a small area but it would be monitored at all times. The Chair moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board. (c) Argyll Vintners, 18 Hillfoot Street, Dunoon, PA23 7DS The applicant, Andy MacMaster attended and spoke to the terms of the application which sought to: add bar meals and recorded music as activities on the licence; add Sunday hours for on and off-sales; remove the seasonal variation and to increase the capacity from 16 to 24 persons. Mr MacMaster said that this was a tidy up application on some aspects of the premises licence but also wanted to make the premises more appealing to customers. Raymond Park, Licensing Standards Officer had no issues with the application.
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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) Caol Ila Distillery, Port Askaig, Isle of Islay, PA46 7RL David Hossack, Solicitor, Glasgow attended on behalf of the applicant. Laura Pilvinski, premises manager also attended. Mr Hossack spoke to the terms of the application which sought to add indoor and outdoor sports as activities which was omitted from the previous application. He added that his client wanted to provide a further family experience. Eric Dearie, Licensing Standards Officer had no issues with the application. Paul Kennedy enquired about the external area and asked if it was suitable for games. Mr Hossack advised that it was a substantial area which had been approved previously by the Board. 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) Coll Stores, Arinagour, Isle of Coll, PA78 6SY The applicant, Paula Jamieson attended and spoke to the terms of the application which sought to: change the description of the premises: change the layout plan to add the adjacent distillery and to add wording at Question 5(f) to allow off-sales to be processed, packed and dispatched from the distillery area. Ms Jamieson said it was a small business and this would provide flexibility whereby they can offer sample tastings and include on-line sales to be processed, packed and dispatched from the storage area within the distillery. Eric Dearie, Licensing Standards Officer said he had no issues with the application. Jan Brown asked if it was only gin they would be distilling. Ms Jamieson said there would also be vodka and spiced rum available. The Chair moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board. (f) Visitor Centre Shop, Bruichladdich Distillery, Isle of Islay, PA49 7UN Ailsa Hayes, premises manager attended and spoke to the terms of the application which sought to: extend the on-sales opening hours to 10.00 - 17.30; extend off-sales opening hours to 10.00 - 22.00 on a Sunday; amend the seasonal variation; extend the seasonal Sunday opening hours
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to 10.00 - 17.30 (April to end October) and change the children and young person’s conditions at times to reflect the change to opening hours. Ms Hayes said that, since covid, it had been a difficult time in general for industry and wanted to extend Sunday opening hours for visitors. She advised that they recently released high end bottles and samples of these would prove beneficial. Eric Dearie, Licensing Standards Officer said he had no issues with the application. The Chair moved to grant the application as applied for. With no-one else being otherwise minded, this became the decision of the Board. 7. REVIEW OF PERSONAL LICENCES (a) Revocation of Personal Licences where licence holders have not undertaken the refresher training. The list of personal licence holders (Appendix 1) 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 (Appendix 2) who had not submitted an application to renew their licence was noted and the Board agreed to revoke their licence. 8. ANY OTHER BUSINESS (a) Payment of Annual Licensing Fees Susan Mair, Depute Clerk advised that it was a mandatory condition of a premises licence to pay the annual fee. She said that a further letter will be sent out to the remaining premises licence holders to request payment and if not received within 7 days, a review of premises licence will be put before the Licensing Board in June. The Board agreed. 9. DATE OF NEXT MEETING The next meeting of the Licensing Board will be held by Skype on Tuesday 25th June 2024 at 11.00am.