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Application for review by Pat McGrann

Argyll and Bute Council · 14 November 2023
Back to Argyll and Bute Licensing Board — 14 November 2023 and its agenda

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LICENSING (SCOTLAND) ACT 2005 - -SECTION36:
APPLICATION FOR REVIEW OF PREMISES LICENCE
PREMISES; THE ARDVIEW INN, 67 FREDERICK CRESCENT, PORT ELLEN, ISLE OF ISLAY,
PA42 7BD
I refer to the above and after consultation with Eric Dearie, l submit this application
for a review of premises licence.

The details of this application for a review are as follows:-

1. Music noise and vibration (Intolerable interference) -  emanating from jukebox,
live music, karaoke sessions, disco sessions, and quiz nights.

2. Ardview Inn internal fabric noise - High pitched hand drier, clatter/ banging of
Inn front door, table tapping, foot stamping.Vocal noise from shouting and
arguments of patrons, quiz night compere speech increase above background
patron noise.

3. Offensive public behaviour - external patron noise in the immediate vicinity of
the front door of the Inn on pavement and road extending the the front of my
house.Vocal noise particularly noticeable with singing and arguments.Raucous
unruly gatherings of folk often well into the early hours of the morning. This is
particularly disturbing to our two dogs.The congregations of up to 10 folk on
patent can be quite intimidating to other pedestrians going about their
business.

4. Drinking of alcohol outside the Inn - observed and exemplified by empty and
partially filled beer glasses and bottles often let on our windowsills.This within
an area designated for no alcohol drinking.[photo]

5. Litter - whole and broken glasses left in street.[photo] Vomit on pavement in
front of our house. Nocturnal accumulation of cigarette ends can at times
remain uncleared.No attempt made to clear those in front of my house. 

6. Disturbance from the noise of motor vehicles - there has been an increase
private cars and taxis manoeuvring to park and drop off folk in an area of
limited parking. Access to road at front of my house some times denied as a
result.Making it difficult to unload car.This is particularly a problem during
“Friday night disco sessions “ at the Inn.

7. Concentrated  clusters of folk smoking cigarettes and vapes.The triple glazed
windows and trickle vents have to be closed to block ingress of these harmful
gasses into my house. This was particular problem during the warm weather in
late summer this year when windows were open in attempt to cool interior
down with fresh air.

It is my opinion the all the above are attributable to activities related the Ardview
Inn, 67 Frederick Crescent, Port Ellen. Islay. PA42 7BD

This application relates to a time interval from 28/05/22 and ongoing.To date the
last 101 complaint call  was made 16/09/23.

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Evidence accrued
1. Noise log presented to Mr Andy McClements of Argyll & Bute Council
Environmental Health

2. Report of Mr Andy McClements 11/08/23 afters site visit 28/02/23 

3. Contemporaneous noise log (attached)

4. 101 call log.( attached)

5. Library of email correspondence sent to Eric Dearie and Andy McClements

6. Visit by police 24/08/23

7. Report to Islay Community Council 15/08/23

8. Contact with Mr Douglas MacFadzean Argyll & Bute Councillor

Contact with premises licence holder or manager
1. Face to face harangue on the street outside the Inn by Mr A MacArthur
28/05/23 (previously reported)

2. 3 short and convivial visits in August by myself to the Ardview Inn (after
23.00hrs) when I sought reduction in the volume of jukebox music - all adhered
too within a 10 minutes. I visited on 06/09/23 at 22.45 hrs when I was greeted
by the manager Angela Smith. I asked her if the music was unusually loud that
evening? She retorted “no”. (It was the day of completion of installation of
extensive sound proofing to our house and I was very concerned it was
ineffectual). In order to have a conversation in the area contiguous to our house
, one zone of the speaker system, she asked her staff to switch off the jukebox
music to enable us to speak and hear each other. She then explained she was
acting as a messenger for the owner Mr. A MacArthur, in that the next time I
appeared in the Inn I was to be ‘barred”.I was surprised, but accepted this
without retort.

3. A discussion 04/011/23 with Angela Smith, in the street, near the Inn, A chance
meeting when I mentioned  there might be a water ingress to the back of the
Inn and she might wish to explore.She offered that Mr A MaArthur gets very
agitated when matters concerning myself are discussed. I suggested written
letters by way of communication between the two of us.She replied this would
provide a record.At the end offer meeting I expressed that there were no “hard
feelings” between the two of us.We have met in the village at several times
since and this remains the same.

4. Letters to Angela Smith (attached):-

22/10/22  reply 27/10/22

14/11/23  no reply

18/09/23  no reply

6.   Enclosed is a copy of a Facebook placement by Mr A McArthur

Support from Neighbours / residents
I understand Mr Stuart Anderson may present his concerns to the hearing.

Living centrally in the village of Port Ellen and having a high profile being
chairperson of local community group, South Islay Development, representations
continue to be made to me in“day to day conversations”.This was particularly so
when the news of my being barred from The Ardview Inn became known.However,

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Mr Eric Dearie, Licensing Standards Officer informs me that if these folk are
reticent to to provide statements I cannot name/ mention them.”

Advice given by Licensing Standards Officer
Excellent and timely advice on procedural matters. He advised the notion of local
resolution of my concerns.This failed as I was ‘barred” in no uncertain terms from
The Inn by Mr A. McArthur on 06/09/22 .Together with this and his is attitude at our
meeting on 28/05/23 and failure to respond to my letters to his manager I feel
denies a constructive dialogue.

Additional Matters
Professionally designed and fitted soundproofing was undertaken from 31/08/22 to
06/09/23to my house.This in addition to other sound mitigation measures:-

A. Triple glazing throughout

B. Heavy curtains throughout

C. Carpets with heavy duty underlay throughout.Floor membranes to first story
bedroom.

D. New heavy fencing at rear of house with the aim of reducing sound
transference from the back the Inn [photo]

The above have been measures undertaken by myself at considerable cost to
mitigate intolerable interference with the health and well being of my household
from the activities of the Ardview Inn.

Whilst the sound proofing was installed we slept in our garden summer house. We
then became aware of the excessive sound ( music and strident voices) emanating
from the back of the Inn into our garden.There is simple flat roofing [photo] with
single glazing windows to this structure. The sounds hit the rock face behind the
Inn and reverberate round into our land hence the need for a heavy fence.These
were factors recognised when visited by Sgt Maginnis  and PC Turner on 24/9/23
at 23.15 hrs

Since 2000, when be bought our house, I have been mindful of probable noise
nuisance from the Inn which was part of the same structural building as our
house.The two acted as an hotel and have since been divided into two dwellings
[photo]. The owner from whom we bought the house also ran the Inn was quite
honest about this and always tried to mitigate the disturbance to his household -
next door.Since 2000 we have been neighbours to two Ardview Inn managers/
owners and have maintained an affable and constructive relationship with them.It
has only been since the reopening of the Inn with new management and ownership
in April 2022 have we had significant problems.

I proffer that Mr A McArthur as owner and Angela Smith as manager of the Ardview
inn are lacking in regards to their acceptance, consideration and responsibilities to
our concerns in running a licensed premises. A situation which is more than be
reasonably tolerated by any ordinary decent person within my household.

I request that consideration is given to:-

1. An Ardview Inn noise management plan whereby:-

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• noise nuisance and vibration cease at 23.00hrs daily

• Statutory and acceptable to actual and recurring levels of noise are maintained
throughout the day.It is not reasonable to drown out one sound with another by
increasing my entertainment media to unusually loud levels to mitigate
disturbance.

2.  Disposal of patrons:-

• Door stewarding be implemented to mitigate the actual and recurring nuisance
from gatherings of folk within the area for which the Inn is responsible.Noise
nuisance and raucous gatherings outside the Inn are mostly at weekends and
associated with events which attract greater patronage i.e.Discos , quiz nights 44
etc.

• Apply reasonable and practicable methods to mitigate disturbance real and
recurring noise nuisance from music, loud human voices, hand dryers and door
banging.

On the occasions my household is disturbed by activities associated with the
Ardview Inn it is no longer a place for conviviality and recreation as the local
community pub ( wee Scottish traditional pub) but a raucous and disturbing “All
Island Night Club” in our residential area.



Signed Dr.P.J.McGrann 22/10/23