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807261 - Letter dated 11th August 2023 from A McClements

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

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Argyll and Bute Council
Comhairle Earra Gháidheal agus Bhóid 
Development and Infrastructure Services
Acting Executive Director: Kirsty Flannigan   
Development and Infrastructure Services 
Kilmory Lochgilphead Argyll PA31 8RT
Angela Smith
Ardview Inn
67 Frederick Crescent
Port Ellen
Isle of Islay
PA42 7BD
Tel: 01546 604745   
e mail : andy.mcclements@argyll-bute.gov.uk
Website: www.argyll-bute.gov.uk  
Ask For: Mr Andy McClements
Our Ref: 
Your Ref: 
Date: 11th August 2023   
Dear Angela Smith   
ENVIRONMENTAL PROTECTION ACT 1990
RE: Noise from Ardview Inn 67 Frederick Crescent Port Ellen Isle of Islay PA42 7BD 
Following a compliant regarding loud music from the jukebox, a high pitched noise when
the toilet hand dryers were used and the front door banging loudly when patrons left
Ardview Inn, an investigation was undertaken by the Environmental Health Department. A
site investigation was undertaken and this is outlined below: 
Ardview Inn & Ardview House – noise investigation site visit – 28 February 2023
14.00pm by Nicole Hamilton EHO and Andy McClements EHO
Nicole Hamilton stayed with Angela Small (Manager) at Ardview Inn whilst Andy
McClements went to Ardview House where Dr P. McGrann & Mrs P. McGrann reside. It was
noted that the Hand dryers were still to be fitted with rubber washers. The juke box was
played on full volume with all speakers on at 14:2Opm. Andy McClements clearly heard
“Guns & Roses song – Knockin' On Heaven's Door  - Mama put my guns in the ground, I
can't shoot them anymore” whilst standing in the bedroom with Dr P. McGrann & Mrs P.
McGrann. At 14.25pm Andy McClements phoned Nicole Hamilton to ask for the volume of
the Juke Box to be turned down to its normal setting. At 14.29pm this was the case and no
music was heard. Dr P. McGrann & Mrs P. McGrann both stated this was not how it normally
was as they could usually still hear the music. At 14.30pm the juke box was turned off. At
14.33pm the hand dryers in the ladies toilet was turned on. Andy McClements could clearly
hear the hand dryers in the bedroom, a high pitched whirring noise.
At approximately 14.35pm Andy McClements entered Ardview Inn with Dr P. McGrann and
Nicole Hamilton accompanied by Dr P. McGrann left Ardview Inn and went next door to
Ardview House. Nicole Hamilton and Dr P. McGrann then went to the complainant’s
bedroom. The juke box was played on full volume with all speakers on at 14:39pm. Nicole
Hamilton clearly heard “Guns & Roses song – Knockin' On Heaven's Door” whilst standing
in the bedroom with Dr P. McGrann. At 14.41pm the volume of the Juke Box was turned
down to its normal setting. No music was heard by Nicole Hamilton.  Dr P. McGrann stated
that “this is not usually normal setting.” Andy McClements advised by phone that the juke

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box was turned off at 14.44pm. Nicol (Nicole) Hamilton stated that the Gents hand dryers at
14.46 pm could be heard in the bedroom. At 14.47pm the Women’s Hand dryer was turned
on and could be heard but not as clearly as the Gents hand dryer. Nicole Hamilton returned
to Ardview Inn.
The loudness of the Hand dryers in the Gentlemen’s Toilets and Ladies Toilets was
discussed with Angela Small before both Andy McClements and Nicole Hamilton left the
premises at approximately 14.55pm.
On the 18 march 2023 Angela Small notified Andy McClements by email that “I’ve had the
shock absorbers fitted…” to the toilet hand dryers.
On the 18 July 2023 Angela Small notified Andy McClements by email that Ardview Inn
would be purchasing quieter hand dryers for the Ladies toilets and Disabled toilet.
https://www.washroomhub.co.uk/heavy-duty-nozzle-hand-dryer 
https://www.washroomhub.co.uk/hand-dryers/quiet-hand-dryers
Conclusion
No Statutory Nuisance was witnessed at the time of the visit on the 28 February 2023
between 14.00pm and 14.50pm regarding the use of the Juke box when played under
normal settings both witnessed by Nicole Hamilton EHO and Andy McClements EHO. The
use of the hand dryers in the Gentleman’s and Ladies Toilets could be heard and this was
discussed with Angela Small who stated that rubber washers were to be fitted to all hand
dryers and also that patrons would be asked to use the provided hand paper towels. These
measures have proved to be inadequate as Dr P. McGrann & Mrs P. McGrann are still
experiencing the hand dryer’s high pitched noise when in use. The Licensee Mr Archie
McArthur has made enquiries about installing quieter Hand dryers. These have now been
sourced and will be installed in the Ladies and the Disabled toilet in due course. Once the
installation of the quieter hand dryers in the Ladies toilets and Disabled toilet have been
completed a visit will be made to Ardview Inn, 67 Fredrick Crescent, Port Ellen, PA42 7 BD,
to determine if this mitigation measure has been effective with regard to the hand dryers
high pitch noise experienced by Dr P. McGrann & Mrs P. McGrann when in use. 
However, should the complaints continue regarding music from the jukebox an
unannounced visit will be made to assess whether a Statutory Nuisance exist or is likely to
exist. 
If we are satisfied that a statutory nuisance exists an Abatement Notice will be served.
However, we may take informal action to try to solve the problem first. If the notice is ignored,
prosecution may follow with a fine of up to £5,000 for nuisance arising from domestic
properties, or up to £20,000 where commercial or industrial premises are involved. 
Yours sincerely 
AMcClements 
Andy McClements
ENVIRONMENTAL HEALTH OFFICER
MID ARGYLL AND THE ISLES