Agenda reports pack
Argyll and Bute Council · 25 April 2023
Back to Argyll and Bute Licensing Board — 25 April 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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THE ARGYLL AND BUTE LICENSING BOARD Tel. (01546) 604128 Kilmory Lochgilphead 21 April 2023 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 A meeting of the ARGYLL AND BUTE LICENSING BOARD will be held BY SKYPE on TUESDAY, 25 APRIL 2023 at 11:00 AM, which you are requested to attend. Yours faithfully DAVID LOGAN Clerk to the Board To: All Members of the Licensing Board BUSINESS 1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. APPROVAL OF MINUTES FROM LICENSING BOARD MEETING OF 28TH FEBRUARY 2023 4. APPLICATION FOR A PREMISES LICENCE (a) Killean Farmhouse & Cottages, Inveraray, PA32 8XT (Pages 7 - 16) Summary Sheet attached – Item 4(a) (b) Riverside Filling Station, Oban Road, Lochgilphead, PA31 8NG (Pages 17 - 20) Summary Sheet attached- Item 4(b) 5. APPLICATION FOR MAJOR VARIATION OF A PREMISES LICENCE (a) Ambience Cafe, Unit 3, 7 Victoria Street, Rothesay, Isle of Bute, PA20 0AJ (Pages 21 - 24) The applicant wishes to vary the licence as follows:- Public Document Pack
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1) To add off-sales - to allow customers to take unfinished alcohol home. 2) To add receptions, funerals and Club or other group meeting as activities. 3) At Question 5, remove comment regarding restriction of alcohol sold. 4) To amend the Children and Young Persons conditions. 5) To remove the outdoor capacity as there is no outdoor drinking. Summary Sheet attached – Item 5(a) (b) Burnside Bar, 1 Burnside Street, Campbeltown, PA28 6JE (Pages 25 - 28) The applicant wishes to vary the licence as follows:- 1) To add a further 3 metres to the existing outdoor licensed area whilst allowing the necessary space for public walkway. Summary sheet attached – Item 5(b) (c) Ceabhar Restaurant, Sandaig, Isle of Tiree, PA77 6XQ (Pages 29 - 42) The applicant wishes to vary the licence as follows:- 1) To change the name of the premises to Ceabhar Restaurant and Bun Dubh Brewery. 2) To change the description of the premises. 3) Change to the layout to include new micro-brewery. 4) To change Sunday opening time from 12.30 to 12.00. 5) To amend the Seasonal Variation. 6) To add tours of micro-brewery and online sales as activities. 7) To amend the wording at Children and Young Persons conditions Summary Sheet attached – Item 5(c) (d) Coasters Bar, Corran Esplanade, Oban, PA34 5PS (Pages 43 - 56) The applicant wishes to vary the licence as follows:- 1) To reduce terminal hour on Friday and Saturday to 24.00. 2) To amend the seasonal variation. 3) To remove live performances and add restaurant facilities, outdoor drinking and takeaways as activities. 4) To open for breakfasts from 8am to 11am. 5) To amend the Children and Young Persons conditions. Summary Sheet attached – Item 5(d) (e) Kilchoman Distillery, Rockside Farm, Isle of Islay, PA49 7UT (Pages 57 - 58) The applicants wish to vary the licence as follows:-
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1) To increase on sales hours to 11pm daily. 2) To increase off sales hours to 10pm daily. 3) To add a seasonal variation. 4) To add whisky dinners which may include tastings, dinners for various groups, fundraising events and small functions. Summary Sheet attached – Item 5(e) (f) Portavadie Marina, Portavadie, PA21 2DA (Pages 59 - 66) The applicants wish to vary the licence as follows:- 1) To allow the three premises licences for Portavadie Marina, Lodge at Portavadie Marina and Spa & Leisure at Portavadie to be merged into one. Summary Sheet attached – Item 5(f) (g) Strachur Filling Station, Main Road, Strachur, PA27 8DG (Pages 67 - 68) The applicant wishes to vary the licence as follows:- 1) To change the off sales start time on a Sunday from 12.30pm to 10.00am. Summary Sheet attached – Item 5(g) (h) The Brewery, Islay House Square, Bridgend, Isle of Islay, PA44 7NZ (Pages 69 - 76) The applicant wishes to vary the licence as follows:- 1) To add on sales hours. 2) To add recorded music, live performances and outdoor drinking as activities. 3) To change the premises manager. 4) Change to layout plan to add whisky shop in Old Brewery premises. Summary Sheet attached – Item 5(h) (i) Pennyghael Hotel, Pennyghael, Isle of Mull, PA70 6HB (Pages 77 - 80) The applicants wish to vary the licence as follows:- 1) To change the name of the premises to The Inn at Port Nan Gael. 2) To amend the on sales hours. 3) To add off sales hours. 4) To add a Seasonal Variation. 5) To vary the activities within and outwith core hours. 6) To add take aways as an activity on the licence. 7) To amend the wording in the Children and Young Persons conditions. Summary Sheet attached – Item 5(i)
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(j) The Keel Row, Fionnphort, Isle of Mull, PA66 6BL (Pages 81 - 86) The applicants wish to vary the licence as follows:- 1) To vary the wording in the seasonal variation. 2) To vary the Children and Young Person's conditions. Summary Sheet attached – Item 5(j) (k) The Olive Garden, Unit 2, Waterfront Centre, Railway Pier, Oban, PA34 4LW (Pages 87 - 90) The applicant wishes to vary the licence as follows:- 1) To amend the seasonal variation. 2) To add the sale of take away food and hot and cold non-alcoholic beverages from 08.00 to 20.00 daily. 3) To amend the on-sales capacity to 138. Summary Sheet attached – Item 5(k) 6. GAMBLING ACT 2005- APPLICATION FOR AN ADULT GAMING CENTRE (a) Hunter's Quay Adult Gaming Centre, Hunter's Quay Holiday Village, Dolphin Leisure Centre, Hunter's Quay, Dunoon, PA23 8HP (Pages 91 - 98) Please see attached Report together with layout plan of the premises. 7. REVIEW OF PERSONAL LICENCES (a) Revocation of Personal Licences where licence holders have not undertaken the refresher training. (Pages 99 - 100) A list of personal licences to be revoked is attached. (b) Revocation of Personal Licences where licence holders have not applied to renew their licence. (Pages 101 - 102) A list of personal licences to be revoked is attached. 8. ANY OTHER BUSINESS (a) Payment of Annual Licensing Fees All Annual fees for the period 2022/2023 have now been paid. (b) Review of Statement of Licensing Policy- Report by Depute Clerk to follow 9. DATE OF NEXT MEETING
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The next meeting of the Licensing Board will be held on 27TH June 2023 at 11.00am. Argyll and Bute Licensing Board Councillor Jan Brown Councillor Audrey Forrest Councillor Kieron Green (Chair) Councillor Amanda Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Mark Irvine (Vice-Chair) Councillor Paul Donald Kennedy Councillor Luna Martin Councillor Liz McCabe Shona Barton Contact: Margaret MacLean Tel: 01546 604128
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ITEM 4(a) Argyll and Bute Licensing Board 25th April 2023 APPLICATION FOR GRANT OF A PREMISES LICENCE NAME OF PREMISES: Killean Farmhouse & Cottages, Inveraray, PA32 8XT APPLICANT: As above AGENT: N/A DESCRIPTION OF PREMISES: Killean Farm House is a 5 bedroom B & B with 7 x self-catering cottages set on 10 acres of land. It is located 4 miles south of Inveraray. LICENSED HOURS APPLIED FOR ON SALES OFF SALES Monday 15.00 to 24.00 N/A Tuesday 15.00 to 24.00 N/A Wednesday 15.00 to 24.00 N/A Thursday 15.00 to 24.00 N/A Friday 15.00 to 24.00 N/A Saturday 15.00 to 24.00 N/A Sunday 15.00 to 24.00 N/A ACTIVITIES:- Accommodation; Conference facilities; Restaurant facilities; Receptions; Club or other group meetings; Recorded music; Live performances; Dance facilities; Theatre; Films; Indoor/outdoor sports; Televised sport; Outdoor drinking facilities. SEASONAL VARIATION:- We may operate restricted hours at times when there is insufficient demand or during scheduled maintenance periods. We may take advantage of any extended hours permitted by Argyll & Bute Licensing Board. We may open for Hogmanay Celebrations annually on 31st December until midnight and into the morning of 1st January until 1.00am. Page 7 Agenda Item 4a
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ITEM 4(a) CHILDREN AND YOUNG PERSONS CONDITIONS:- TERMS – Children must be accompanied by a responsible adult at all times. Young persons will be allowed entry. AGES – Children aged 0-15 years. Young persons aged 16 & 17 years. TIMES – Children and young persons are welcome at all times. PARTS – Children and young persons will be allowed access to all public areas of our B & B. CAPACITY OF PREMISES: - On sales – 133 persons LSO COMMENTS: Please see attached Report. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- (1)Section 50 planning certificate is awaited (2)Nature of live performances- the applicant has advised that this will be non-amplified folk music very occasionally or maybe a piper for a small wedding (3)The capacity figure of 133 persons has been queried with the applicant as it seemed quite high in view of the relatively small scale of the premises. The applicant has clarified that the B&B and the 7 cottages have a maximum capacity of 46 persons for the rooms and beds. The architect had included the capacity for the other areas- sitting room, conservatory and terrace. (4)Terminal hour required for the external area? Page 8
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LSO REPORT KILLEAN FARMHOUSES & COTTAGES, INVERARAY, PA32 8XT (REPORT BY ERIC DEARIE) Killean Farm House is a 5 bedroom B&B with 7 x self-catering cottages set on 10 acres of land. It is located in a secluded position 4 miles south of Inveraray. The applicant proposes an ”Honesty Box” arrangement where a locked cabinet containing red wine, spirits, beer, ales, glasses, napkins, snacks, etc., and a fridge containing white wine, lager, mixers, etc., will be positioned at the bar in the Dining Room which is located within the red bounded licensed area. B&B guests only will be given a key to the cabinet and fridge at check-in allowing access during their stay. B&B guests will complete a “tally sheet” at each purchase. Cottage guests will not be given keys but may drink within the licensed area, paying at time of consumption. Children and young persons will not have access to the cabinet or fridge. Honesty Box arrangements are being used in other licensed premises in the area without problem. Layout Plan The layout plan meets the requirements of The Premises Licence (Scotland) Regulations 2007 Operating Plan Question 1 – alcohol will be on sales only Question 2 – on sales hours will be 1500-midnight (Mon-Sun) Question 3 – N/A Question 4 – Seasonal Variation – Proposed – “We may operate restricted hours at times when there is insufficient demand or during scheduled maintenance periods. We may take advantage of any extended hours permitted by Argyll & Bute Licencing Board We may open for Hogmanay Celebrations annually on 31st December until midnight and into the morning of 1st January until 1.00am” Board Policy – “The Management reserve the right to open the business one hour later than the commencement of licensed core hours or close one hour earlier than termination of core hours on any day of the week during winter months i.e. 1st October to 31st March”’ Question 5(a) – accommodation; conference and restaurant only Question 5(b) – receptions and clubs Question 5(c) – recorded music; live performances; dance; theatre; films indoor/outdoor sports and televised sports Question 5(d) – outdoor drinking only – Outwith core hours statement – “We provide accommodation 24/7 for B&B and cottage guests.” Question 5(f) Current statement “There is a dog exercise paddock in the grounds operated on a booking system Self-Catering Accommodation provided in the grounds.” Outdoor Drinking The applicant is proposing outdoor drinking for guests on the terrace area bounded red. Board policy is that the terminal hour for outdoor drinking will be 2200 for persons aged 18 years and over and 2000 hours for children and young persons. The premises lie in a secluded area with no near neighbours and the applicant was hoping to dispense with the policy terminal Page 9
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hours. The Board may be minded to consider this. If not, a statement similar to “the terminal hour for outdoor drinking will be 2200 for persons aged 18 years and over and 2000 hours for children and young persons” should be included in Box 5(f). Question 6 – Children & Young Persons Access. After discussion with the LSO the applicant has agreed upon the following wording – Terms Children of all ages and young persons are allowed access when accompanied by a person aged 18 years or over while using the Bed and Breakfast facilities or having a meal or attending a function. Ages Children – birth to 15 years Young persons – 16 & 17 years Times Children and young persons are welcome at all times *If the Board imposes the outdoor curfew, a statement similar to “the terminal hour for outdoor drinking will be 2000 hours for children and young persons” Parts Children and young persons will be allowed access to all public areas of our B&B Question 7 – Capacity – the total capacity is 133 persons Question 8 – Premises Manager – in respect of personal licence details, include Date of Issue as 7th March 2023 and Reference Number as AR/3501 EHO Environmental Health aware of this application. Page 10
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LAND REGISTER OF SCOTLAND KILLEAN FARM HOUSE, INVERARAY, PA32 8XT Survey scale 1:2500 Print scale 1:2500 @ A4 30/04/2021 REQUEST NUMBER 5133691ARG 204717 704243 205176 704771 CROWN COPYRIGHT © This copy has been produced on 30/04/2021 with the authority of Ordnance Survey under Section 47 of the Copyright and Patents Act 1988. Unless there is a relevant exception to copyright, the copy must not be copied without prior permission of the copyright owner. OS Licence no 100041182. This extract may contain Ordnance Survey features captured at other scales. 100m 5133691ARG Page 1 of 1 Page 15
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Killean Workings (dis) Creagan Ruadh waterpipe waterpipe elec line elec line C B A 204800 204800 204900 204900 205000 205000 7 04400 7 04400 7 04500 7 04500 7 04600 7 04600 7 04700 7 04700 ¥ SITE MAP Draft Map 0 25 50 75 10012.5 Meters 1:1,250 LOCATION MAP 0 2.5 5 7.5 101.25 Kilometers 204000 204000 205000 205000 206000 206000 7 04000 7 04000 ¥ 0 0.25 0.5 0.75 10.125 Km 1:10,000 Region Subject Scale 1:50,000 No. NGR RoS County Drg. No. District Prepared By Revised By AS SHOWN 56 NN04860460 ARGYLL 2021-048 WEST ARGYLL DO 24/06/21 Land at Killean WEST Sheet No's NN00SE,SW. Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2020. All rights reserved. Ordnance Survey Licence number 100024925. 2021. Print Size - A3 Page 16
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ITEM 4(b) Argyll and Bute Licensing Board 25th April 2023 APPLICATION FOR GRANT OF A PREMISES LICENCE NAME OF PREMISES: Riverside Filling Station, Oban Road, Lochgilphead, PA31 8NG APPLICANT: MacLeod (Riverside) Limited, Kilmory Industrial Estate, Lochgilphead, PA31 8RR AGENT: Jane MacLeod, The Rhinns, Achnaba, Lochgilphead, PA31 8RY DESCRIPTION OF PREMISES: Filling station with grocery store and takeaway sales of hot and cold food and beverages. LICENSED HOURS APPLIED FOR ON SALES OFF SALES Monday N/A 10.00 to 22.00 Tuesday N/A 10.00 to 22.00 Wednesday N/A 10.00 to 22.00 Thursday N/A 10.00 to 22.00 Friday N/A 10.00 to 22.00 Saturday N/A 10.00 to 22.00 Sunday N/A 10.00 to 22.00 ACTIVITIES:- There are currently no activities listed. SEASONAL VARIATION:- None CAPACITY OF PREMISES: - Off sales – 14.36 square metres LSO COMMENTS: The premises is situated adjacent to the A816 Lochgilphead to Oban Road, approximately 0.5 mile west of Lochgilphead Town Centre and the nearest off-sales premises (The Co-op). The premises comprises a filling station and integrated shop and food takeaway. It is intended the premises will be off-sales only with the sale of alcohol being between 1000 and 2200 Page 17 Agenda Item 4b
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ITEM 4(b) daily. The alcohol display (marked red in the layout plan) is adjacent to and includes the area behind the shop sales counter. This display area meets the requirements of Schedule 3, Condition 13 of the Licensing (Scotland) Act 2005 - Licensing (Scotland) Act 2005 (legislation.gov.uk) – in that there is one inaccessible area (behind sales counter) and one publically accessible area. Off-Sales Capacity The capacity is14.36m². The total retail area given over to the display of alcohol is 8.9% Designated Premises Manager (DPM) The DPM will be Niall Calum Charlwood. Mr Charlwood’s personal licence application (AR/3510) is currently being processed by the licensing team. There are no concerns with this application. EHO Environmental Health aware of this application. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- Page 18
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ITEM 5(a) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Ambience Café, Unit 3, 7 Victoria Street, Rothesay, PA20 0AJ APPLICANT: Pawel Martyniuk, 1M The Minister’s Brae, Rothesay, PA20 9BG AGENT: N/A DESCRIPTION OF PREMISES: Cafe/Restaurant being Unit 3 at 7 Victoria Place, Rothesay, PA20 0AJ, the footprint of which is shown outlined in red on the attached location and layout plans. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Tuesday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Wednesday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Thursday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Friday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Saturday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 Sunday 11.00 to 22.00 N/A 11.00 to 22.00 11.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To add off-sales - to allow customers to take unfinished alcohol home. 2) To add receptions, funerals and Club or other group meeting as activities. 3) At Question 5, remove comment regarding restriction of alcohol sold. 4) To amend the Children and Young Persons conditions. 5) To remove the outdoor capacity as there is no outdoor drinking. Page 21 Agenda Item 5a
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ITEM 5(a) CURRENT ACTIVITIES: Restaurant facilities and recorded music. QUESTION 5: The following wording is currently stated at Question 5 – “The only alcohol which is to be sold is wine or beer including speciality beers”. The applicant would wish this wording to be removed. CURRENT CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS –No children will be permitted on the premises unless accompanied by a responsible adult. Young persons will be allowed on the premises unaccompanied but no alcohol will be served to them. AGES - All ages of children and young persons will be permitted. TIMES – 11.00 to 20.00. PARTS - All parts which are open to the public. PROPOSED CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS – Children will be permitted on the premises if accompanied by an adult 18 years or over. Young persons will be permitted access to the premises. AGES – Children 0-15 years. Young persons 16 & 17 years TIMES – May remain until 22.00 PARTS - All public parts with the exception of the immediate vicinity of the bar area. LSO: See report attached POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)The addition of off-sales (2)The addition of receptions, funerals and club or other group meetings as activities (3)To remove the current restriction on the types of alcohol that may be sold which is limited to wine or beer including specialty beers (4)Amendment of the terms for children and young persons to allow them to remain on the premises until 10p.m. (currently 8p.m.) (5)To reduce the capacity figure from 28 persons to 22 persons as there is no outdoor drinking facilities. Page 22
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LSO REPORT AMBIENCE CAFÉ, UNIT 3, 7 VICTORIA STREET, ROTHESAY, ISLE OF BUTE, PA20 0AG (REPORT BY RAYMOND PARK) The premises management have taken the opportunity to review the current Operating Plan and now propose changes to suit the business going forward. Operating Plan Question 1 Current; on sales only Proposed; both on and off sales Question 3, add off sales, to allow customer to take unfinished alcohol home as part of meal service. Current; N/A Proposed; 11:00 till 22:00 7 days Question 5 Activity Add; Receptions and club meetings Column 4, further details box; Current; “background music only will be played in the premises and for which applicant has performing rights certificate. The premises will operate as a cafe/restaurant. The only alcohol which is to be sold is wine or beer including speciality beers. It is in a town centre location and ideal for tourists and locals.” Proposed; remove all current content, particularly with regard to restriction of type of alcohol sold, applicant would like to offer spirits to customers, Irish coffee etc. Box should now read; Restaurant may open earlier than 11am to cater for breakfasts/funerals etc, should there be a demand. No alcohol will be sold/supplied out with core hours. Question 6 Children and Young persons Terms Current; No children will be permitted on the premises unless accompanied by a responsible adult. Young persons will be allowed on the premises unaccompanied but no alcohol will be served to them. Proposed; Children will be permitted on the premises if accompanied by an adult, 18 years or over. Young persons will be permitted access to the premises. Ages Current; All ages of children and young persons will be permitted. Page 23
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Proposed Children 0-15 years Young Persons 16 & 17 years Times Current; 11:00 to 20:00 Proposed May remain until 22:00 Parts Current; all parts which are open to the public. Proposed; All public parts with the exception of the immediate vicinity of the bar area Question 7 Capacity Current; on sales – 28 capacity breakdown - 22 indoors 6 outside. Depicts a breakdown for indoors and outdoors, no outside drinking of alcohol is requested Proposed Capacity 22. EHO No issues. Page 24
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ITEM 5(b) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Burnside Bar, 1 Burnside Street, Campbeltown, PA28 6JE APPLICANT: James McLean, Whinhill House, Witchburn Road, Campbeltown, PA28 6RD AGENT: N/A DESCRIPTION OF PREMISES: Lounge and public bar located in town square occupying lower floor of a tenement building. EXISTING LICENSED HOURS ON SALES OFF SALES Monday 11.00 to 01.00 11.00 to 22.00 Tuesday 11.00 to 01.00 11.00 to 22.00 Wednesday 11.00 to 01.00 11.00 to 22.00 Thursday 11.00 to 01.00 11.00 to 22.00 Friday 11.00 to 02.00 11.00 to 22.00 Saturday 11.00 to 02.00 11.00 to 22.00 Sunday 11.00 to 01.00 11.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To add a further 3 metres to the existing outdoor licensed area whilst allowing the necessary space for public walkway. CURRENT ACTIVITIES: Recorded music; Televised sport and outdoor drinking area. Page 25 Agenda Item 5b
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ITEM 5(b) LSO COMMENTS: This application is to utilise the outdoor area directly in front of the premises to allow for outdoor drinking. The premises already has outdoor drinking recorded in the operating plan, but this application is to re-affirm the area to be used once major roadworks to Burnside Square, outside the premises, are completed. The LSO has no concerns with this application. The local Roads Officer, James Ross, also has no objections, but asks that if the variation application is granted the outside area should be run per the Council’s Pavement Café Guidelines – RE Application for Variation to Premises Licence - Burnside Bar C'town OFFICIAL .msg Street Cafe Final 180719.docx EHO Environmental Health aware of this application. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- (1)The outside area will require to be delineated/marked out in some way Page 26
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ITEM 5(c) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Ceabhar Restaurant, Sandaig, Isle of Tiree, PA77 6XQ APPLICANT: Duncan Castling, Address as above AGENT: N/A DESCRIPTION OF PREMISES: The premises are a public house located at Sandaig, Isle of Tiree which operates principally as a restaurant serving residents of the adjoining guesthouse although facilities are provided to other customers. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Tuesday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Wednesday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Thursday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Friday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Saturday 12.00 to 23.00 12.00 to 22.00 12.00 to 23.00 12.00 to 22.00 Sunday 12.30 to 23.00 12.30 to 22.00 12.00 to 23.00 12.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To change the name of the premises to Ceabhar Restaurant and Bun Dubh Brewery. 2) To change the description of the premises. 3) Change to the layout to include new micro-brewery. Page 29 Agenda Item 5c
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ITEM 5(c) 4) To change Sunday opening time from 12.30 to 12.00. 5) To amend the Seasonal Variation. 6) To add tours of micro-brewery and online sales as activities. 7) To amend the wording at Children and Young Persons conditions CURRENT ACTIVITIES: Conference facilities; Restaurant facilities; Celebrations; Funerals; Club or other group meetings; Recorded music; Live performances; Dance facilities; Televised sport and outdoor drinking. PROPOSED DESCRIPTION OF PREMISES: The premises are located at Sandaig, Tiree and operate as both a restaurant and micro-brewery. CURRENT SEASONAL VARIATION: Licensed premises trading principally as a reataurant catering for local and tourist trade. Normal opening times hours from 1st April until 31st October will be: Wednesday to Saturday 7-11pm to the public; Monday and Tuesday evenings from 8.00p to 11.00pm from residents of the guest house next door only; Thursday lunchtimes 12-2pm; Other opening times will be by prior booking only, within the core hours. Out of season premises hours i.e from 1st November to 31st March will be determined by local demand. The premises will only be open for prior bookings within the core times stated above. Off sales will only be available during opening hours up till 10pm as stated in the core hours stated above. PROPOSED SEASONAL VARIATION: Licensed premises trading principally as a restaurant and brewery catering for local and tourist trade. Normal opening times hours from 1st April until 31st October will be: Monday to Saturday 7 - 11pm. Other opening times will be by prior booking only, within the core hours. Out of season premises hours ie. from 1st November to 31st March will be determined by local demand. The premises will only be open for prior bookings within the core times stated above. Off sales will only be available during opening hours up till 10pm as stated in the core hours stated above. CURRENT CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS –The geographical situation of the restaurant is such that children and young persons visit the premises accompanying adults/parents during a family/group meal. The restaurant clientele is predominantly adult based and the restaurant location is such that children do not visit the premises without parents providing transportation. Children under 16 must be accompanied by adults. Young persons aged 16 and 17 will be allowed entry and may buy a meal, but will not be sold alcohol. An adult may however buy specified alcohol for them for consumption with their meal. The specified alcohol is as permitted by the Licensing (Scotland) Act 2005 Page 30
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ITEM 5(c) AGES - Children under 16 must be accompanied by adults. Young persons aged 16 -17 will be allowed entry and may buy a meal but will not be served alcohol other than as permitted by the Licensing (Scotland) Act 2005 TIMES – Children and young persons shall be permitted access until 10.00pm PARTS - Children and young persons will be allowed access to all public areas of the premises under appropriate supervision PROPOSED CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS – Children will be permitted access to the premises when accompanied by an adult, 18 years or over. Young persons will be permitted access to the premises. AGES – Children 0-15 years. Young persons 16 & 17 years TIMES – Children and young persons shall be permitted access until 10.00pm PARTS - Children and young persons will be permitted access to all public areas with the exception of the immediate vicinity of the bar counter. LSO: Please see attached Report. POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Change of name and description of premises (2)Addition of a new micro-brewery (3)Extend the commencement hour for on-sales and off-sales from 12.30p.m. to 12p.m. (4)Amendment of the seasonal variation (5)Addition of tours of micro-brewery and online sales as activities (6)Amendment of terms for children and young persons (7)Addition of a further outside area- marked on the layout plan as “ Customer Area Hard Standing”. Page 31
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LSO REPORT CEABHAR RESTAURANT & BUN DUBH BREWERY, SANDAIG, ISLE OF TIREE, PA77 6XQ (REPORT BY RAYMOND PARK) The applicant has been in early consultation with the LSO and in line with Planning and Building Standards guidance. He has carried out major refurbishments and re-designed the layout, adding a microbrewery to the internal aspect of property, he has also added to the outdoor drinking areas. The former guest house is now the microbrewery and the family home. The applicant has also taken this opportunity to update the Premises Licence to reflect the changes to the Layout Plan and Operating Plan in line with the new business model. He has been working with Planning, Building and Environmental Health throughout, seeking approval and completion to their satisfaction. I am informed that all necessary documentation is now in place to allow the Board to consider grant of this major variation as requested. Premises Licence Name of Premises Current; Ceabhar Restaurant Proposed; Ceabhar Restaurant and Bun Dubh Brewery Description of Premises Current; The premises are a public house located at Sandaig, Isle of Tiree which operates principally as a restaurant serving residents of the adjoining guesthouse although facilities are provided to other customers. Proposed; the premises are located at Sandaig, Tiree and operate as both a restaurant and micro-brewery. Operating Plan Question 2 core hours on sales. Current; Monday to Saturday 12:00 23:00, Sunday 12:30 to 23:00 Proposed; Monday to Sunday 12:00 to 23:00 Sunday opening changed from 12:30 to 12:00 in line with rest of the week. Question 3 Core hours off sales Current; Monday to Saturday 12:00 22:00, Sunday 12:30 to 22:00 Proposed; Monday to Sunday 12:00 to 22:00 Sunday opening changed from 12:30 to 12:00 in line with rest of the week Question 4 Seasonal Variation Current; Licensed premises trading principally as a restaurant catering for local and tourist trade. Normal opening times hours from 1st April until 31st October will be: Wednesday to Saturday 7-11pm to the public; Monday and Tuesday evenings from 8.00pm to 11.00pm for residents of the guest house next door only; Thursday lunchtimes 12-2pm; other opening times will be by prior booking only, within the core hours. Out of season premises hours i.e. from 1st November to 31st march will be determined by local demand. The premises will only be open for prior bookings within the core times stated Page 33
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above. Off sales will only be available during opening hours up till 10pm as stated in the core hours stated above. Proposed; Licensed premises trading principally as a restaurant and brewery, catering for local and tourist trade. Normal opening times hours from 1st April until 31st October will be: Monday to Saturday 7-11pm. Other opening times will be by prior booking only, within the core hours. Out of season premises hour’s i.e. from 1st November to 31st march will be determined by local demand. The premises will only be open for prior bookings within the core times stated above. Off sales will only be available during opening hours up till 10pm as stated in the core hours stated above. Question 5 (f) any other activities. Current; nil Proposed; As part of the visitor experience, pre booked tours of our Micro Brewery, inclusive of tasting sessions will be available to the public. On line sales and dispatch/delivery of our alcohol products will take place on and from the premises. Question 6 Children and Young Persons. Terms Current; the geographical situation of the restaurant is such that children and young person’s visit the premises accompanying adults/parents during a family/group meal. The restaurant clientele is predominately adult based and the restaurant location is such that children do not visit the premises without parents providing transportation. Children under 16 must be accompanied by adults. Young persons aged 16 and 17 will be allowed entry and may buy a meal, but will not be sold alcohol. An adult may however buy specified alcohol for them for consumption with their meal. The specified alcohol is as permitted by the licensing (Scotland) act 2005 Proposed; Children will be permitted access to the premises when accompanied by an adult 18 years or over. Young persons will be permitted access to the premises. Ages; Current; Children under 16 must be accompanied by adults. Young persons aged 16 -17 will be allowed entry and may buy a meal but will not be served alcohol other than as permitted by the licensing (Scotland) act 2005 Proposed; Children 0-15 years Young Persons 16 & 17 years. Times; No Change; Children and Young Persons shall be permitted access until 10.00pm Parts; Current; Children and Young Persons will be allowed access to all public areas of the premises under appropriate supervision Proposed; Children and young persons will be permitted access to all public areas with the exception of the immediate vicinity of the bar counter. Layout Plan Page 34
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The layout plan has been updated to reflect the changes to the footprint and purpose of the restaurant and previous guest house as a microbrewery/family home. The applicant has added additional areas for outside drinking and is content to follow the terms of the Board’s policy on use till 10pm adult’s 8pm children. Page 35
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Ceabhar Restaurant & Bun Dubh Brewery Scale 1:1250 Page 39
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First photo shows the existing restaurant and grassed outdoor area together with the hard- standing area for the new distillery via the steel gates. The second photo shows a close up of the entrance to the existing restaurant and entrance to the new distillery (part of the main house converted.) Photo three shows an overall general view which includes the applicants home. (other half of the new distillery ) Page 41
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ITEM 5(d) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Coasters Bar, Corran Esplanade, Oban, PA34 5PS APPLICANT: Mario Di Ciacca, Ardmhor, Ardconnel Road, Oban, PA34 5DJ AGENT: N/A DESCRIPTION OF PREMISES: Public house in town centre EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday 11.00 to 24.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Tuesday 11.00 to 24.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Wednesday 11.00 to 24.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Thursday 11.00 to 24.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Friday 11.00 to 01.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Saturday 11.00 to 01.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 Sunday 11.00 to 24.00 11.00 to 22.00 11.00 to 24.00 11.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To reduce terminal hour on Friday and Saturday to 24.00. 2) To amend the seasonal variation. 3) To remove live performances and add restaurant facilities, outdoor drinking and takeaways as activities. 4) To open for breakfasts from 8am to 11am. Page 43 Agenda Item 5d
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ITEM 5(d) 5) To amend the Children and Young Persons conditions. CURRENT ACTIVITIES: Bar meals; Celebrations; Funerals; Club or other group meetings; Recorded music; Live performances; Sports and televised sports. CURRENT SEASONAL VARIATION: The premises would be open until 1.00am on 25th December, 26th December, 31st December and 1st January wherever these fall in any year to celebrate Christmas and the Hogmanay festivities. The applicant reserves the right to close the premises up to 1 hour earlier in the months of November, January, February and March depending upon clientele demand and staffing arrangements. PROPOSED SEASONAL VARIATION: The premises would be open until 1.00am on 25th December, 26th December, 31st December and 1st January wherever these fall in any year to celebrate Christmas and the Hogmanay festivities. The applicant reserves the right to close the premises at 10pm in the months of November, January, February and March depending upon clientele demand and staffing arrangements. CURRENT CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS –Children and young persons will be permitted access to the premises between the hours of 11.00am and 9.00pm provided they are accompanied by an adult and for the purpose of taking a meal. AGES - Children and young persons up to the age of 18. TIMES – Children and young persons will be permitted access to the premises between the hours of 11.00am and 9.00pm provided they are accompanied by an adult and for the purpose of taking a meal. PARTS - Children and young persons will be permitted to all parts of the premises shaded on the layout plan. PROPOSED CHILDREN & YOUNG PERSONS CONDITIONS:- TERMS – Children and young persons will be permitted access to the premises between the hours of 8.00am and 9.00pm provided they are accompanied by an adult and for the purpose of taking a meal. AGES – Children and young persons up to the age of 18. TIMES – Children and young persons will be permitted access to the premises between the hours of 8.00am and 9.00pm provided they are accompanied by an adult and for the purpose of taking a meal. PARTS - Children and young persons will be permitted to all parts of the premises shaded on the layout plan. LSO: Please see attached Report. POLICE COMMENTS: No Police objections. Page 44
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ITEM 5(d) OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Reduction in the terminal hour for on-sales from 1a.m. to midnight on a Friday and Saturday (2)Amendment of the seasonal variation (3)To remove live performances as an activity and to add restaurant facilities, outdoor drinking and takeaways as activities (4)To open for breakfasts from 8a.m. to 11a.m. (5)To amend the description of the premises (6)With regard to the proposed outdoor area, a photo is attached showing the exterior of the premises. As the adjacent road is a trunk road, the applicant was required to seek agreement from Transport Scotland. They have advised that , sticking rigidly to their guidelines, there is insufficient footway width available for tables and chairs to be placed on the public footway outside the premises. They then state, however, that as a neighbouring premises (The Chocolate Shop) has tables and chairs outside their premises without complaint then, in the interests of even-handedness, they will permit the siting of tables and chairs outside Coasters on the understanding that they are reviewed for appropriateness. There is concern that the siting of tables and chairs at this location together with an appropriate barrier to delineate the outside area will not leave sufficient space for the safe passage of pedestrians, wheelchair users,etc as required in terms of the Council’s Pavement Café Guidelines. Further inquiries are being made with the Council’s Roads Services in this regard and an update will be provided to the Board at their meeting. It should be noted that The Chocolate Shop is not a licensed premises. A check is also being made on the street furniture currently located outside these premises as it’s thought that it may be only a bench. Page 45
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LSO REPORT COASTERS BAR, CORRAN ESPLANADE, OBAN, PA34 5PS (REPORT BY ERIC DEARIE) The premises is a well-established wine bar situated on Corran Esplanade, adjacent to the A85 Trunk Road in Oban Town Centre. This variation comprises – Premises Licence - Description of Premises To amend the description of the premises recorded on the front of the premises licence and summary premises licence – Current Description – “Public house in town centre.” Proposed – “Bistro Restaurant.” Operating Plan Question 2: on-sales hours - amend on-sales hours on Friday and Saturday from 1100 – 0100 to 1100 to 2400. Question 4: Seasonal Variation – add – “The premises would be open until 1.00am on the 25thDecember, 26th December, 31st December and 1st January wherever these fall in any year to celebrate Christmas and the Hogmanay festivities. The applicant reserves the right to close the premises up to 1 hour earlier in the months of November, January, February and March, depending on clientele demand and staffing arrangements. / changed to closing at 10pm depending on seasonal variations depending on clientele demand and staffing arrangements.” This appears almost identical to the current variation (with the exception of the second paragraph). Applicant may have to explain what is being proposed. Question 5(a): Restaurant – allow activity by changing from No to Yes in each column. Question 5(c): Live Performance – disallow activity by changing from Yes to No in each column. Question 5(d): Outdoor Drinking – allow activity by changing from No to Yeas in columns 2 & 3 only. Question 5: Box below activities: allow breakfasts between 8am and 11am; include takeaways; use of outdoor area for drinks/food; amend premises description to bistro restaurant. In relation to outdoor drinking, applicant has yet to submit an updated layout plan. Question 5(f): remove current wording in its entirety. In relation to outdoor drinking the Board may wish to record outdoor curfew times, i.e. 2200 hours for persons aged 18 years and over and 2000 for children and young persons. Question 6: Children & Young Persons – The only change to the current access wording is to change the times from 1100-2100 to 0800-2100 Page 47
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Layout Plan The applicant has supplied a copy of the layout plan for the premises updated with the proposed outdoor drinking area measurements. The pavement area abuts the A85 Trunk Road, the upkeep of which lies with Transport Scotland, who have approved the request for an outdoor drinking area. The Board may wish the outdoor area to be cordoned off (e.g. roped) when in use so that customers and staff are aware of the extent of the licensed area. Re Coasters Bar - Layout Plan OFFICIAL .msg RE Coasters Bar - Layout Plan OFFICIAL .msg EHO Environmental Health aware of this application. Page 48
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ITEM 5(f) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Kilchoman Distillery, Rockside Farm, Isle of Islay, PA49 7UT APPLICANT: Kilchoman Distillery Company Ltd., The Old Surgery, School Road, Tarbert, PA29 6UL AGENT: MacDonald Licensing, 21A Rutland Square, Edinburgh, EH1 2BB DESCRIPTION OF PREMISES: The licensed premises consist of an off and on sale facility for cafe premises and a gift shop situated within a whisky distillery on the Isle of Islay. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Tuesday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Wednesday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Thursday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Friday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Saturday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 Sunday 10.00 to 18.00 10.00 to 18.00 10.00 to 23.00 10.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicants wish to vary the licence as follows:- 1) To increase on sales hours to 11pm daily. 2) To increase off sales hours to 10pm daily. 3) To add a seasonal variation. Page 57 Agenda Item 5e
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ITEM 5(f) 4) To add whisky dinners which may include tastings, dinners for various groups, fundraising events and small functions. CURRENT ACTIVITIES: Conference facilities; Restaurant facilities; Recorded music; Live performances and outdoor drinking. PROPOSED SEASONAL VARIATION: May take advantage of any General Extensions by the Board, including for example the festive period and any other dates considered appropriate by the Board. LSO: The licensed premises consist of an off and on sale facility for cafe premises and a gift shop situated within a whisky distillery on the Isle of Islay. This variation comprises – Operating Plan Question 2: on sales hours – change from 1000-1800 (Mon-Sun) to 1000-2300 (Mon-Sun) Question 3: off sales hours – change from 1000-1800 (Mon-Sun) to 1000-2200 (Mon-Sun) Question 4: Seasonal Variation – add – “May take advantage of General Extensions by the Board, including for example the Festive period and any other dates considered appropriate by the Board.” Question 5(f) – Any Other activities – add “Whisky Dinners, which may include tastings; dinners for various groups, clubs and charities; fundraising events for groups, clubs and charities; and small functions, such as wedding, ceilidh, and gatherings of folk. These events will take place in the current Visitors Centre, the old Visitors Centre or Board Room.” EHO Environmental Health aware of this application. POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Extend the terminal hour for on-sales from 6p.m. to 11p.m. Monday to Sunday (2)Extend the terminal hour for off-sales from 6p.m. to 10p.m. (3)Addition of a seasonal variation (4)The addition of whisky dinners which may include tastings, dinners for various groups, clubs and charities, fundraising events and small functions. Page 58
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ITEM 5(g) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Portavadie Marina, Portavadie, PA21 2DA APPLICANT: Portavadie Estates Ltd, 1 Anthony Road, Largs, KA30 8EQ AGENT: N/A DESCRIPTION OF PREMISES: Facilities building at Portavadie Marina providing office accommodation, toilets, showers and laundry with a bar and restaurant with balcony for outdoor eating and drinking and a marquee with the dimensions of 20 metres by 10 metres for the main section and 10 metres by 5 metres for the entrance section, which has gents, ladies and disabled toilet facilities. EXISTING LICENSED HOURS ON SALES OFF SALES Monday 10.00 to 01.00 10.00 to 22.00 Tuesday 10.00 to 01.00 10.00 to 22.00 Wednesday 10.00 to 01.00 10.00 to 22.00 Thursday 10.00 to 01.00 10.00 to 22.00 Friday 10.00 to 01.00 10.00 to 22.00 Saturday 10.00 to 01.00 10.00 to 22.00 Sunday 10.00 to 01.00 10.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicants wish to vary the licence as follows:- 1) To allow the three premises licences for Portavadie Marina, Lodge at Portavadie Marina and Spa & Leisure at Portavadie to be merged into one. Page 59 Agenda Item 5f
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ITEM 5(g) CURRENT ACTIVITIES: Restaurant facilities; Bar meals; Celebrations; Funerals; Club or other group meetings; Recorded music; Live performances; Dance facilities; Outdoor drinking. NEW NAME OF PREMISES: Portavadie Loch Fyne NEW DESCRIPTION OF PREMISES: Facilities Building: Bar/restaurant with balcony for outdoor eating and drinking, marquee and off sales gift/grocers shop. Office accommodation, toilets, showers and laundry. Leisure Centre: Spa, gymnasium and café/deli on the ground floor. Function room (Bulloch and Revie Suite), spa, juice bar and external spa deck on the first floor. Lodge: Ground floor resident’s lounge. CURRENT CHILDREN AND YOUNG PERSON’S CONDITIONS:- TERMS – Children will be allowed entry unaccompanied until 8.00pm after which they must be accompanied by an adult. No restrictions for young persons. AGES – 0-17 years TIMES – No restrictions PARTS – All public areas PROPOSED CHILDREN AND YOUNG PERSON’S CONDITIONS:- TERMS – Children will be allowed entry unaccompanied until 8.00pm after which they must be accompanied by an adult aged 18 years or over. No restrictions for young persons. AGES – Children 0-15 years. Young persons 16 & 17 years TIMES – From opening until:- Children: 10pm unless attending a pre-booked function or event when they will be permitted to remain for the duration. Young persons will be permitted to remain on the premises until the terminal hour. PARTS - In general; all public areas with the exception of the immediate vicinity of the bar counters. Specifically Spa & Leisure - External spa deck and first floor - children are not permitted on the spa deck and are not permitted in the first floor area except in the Bulloch Suite function room and access to and from it and children must be accompanied by an adult aged 18 or over. Young persons are permitted in the spa and spa deck but must be accompanied by an adult aged 18 or over. NEW PREMISES MANAGER: Iain Jurgensen. LAYOUT PLAN: This variation will necessitate a single layout plan for the common land and buildings owned and managed by the applicant. The new layout plan depicts the individual licensed areas within a single footprint. CURRENT CAPACITY OF PREMISES: On-Sales 701 persons (501 for premises and 200 for marquee) Off-Sales 4.28 square metres PROPOSED CAPACITY OF PREMISES: Marina – On Sales – 701 persons Off sales – 4.28 square metres Spa & Leisure – On Sales – 385 persons Page 60
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ITEM 5(g) Lodge – On Sales – 164 persons LSO COMMENTS: Please see attached Report. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- (1)The merger of 3 separate premises licences into one premises licence Page 61
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LSO REPORT PORTAVADIE, LOCHFYNE, PORTAVADIE, PA21 2DA (REPORT BY RAYMOND PARK) Major Variation application with regard to AR608 Portavadie Marina, AR741 Lodge at Portavadie Marina and AR808 Spa & Leisure at Portavadie A recent review of the Portavadie estate & business model has resulted in a desire to merge the three separate licensed premises into one single premises licence. Unification will provide a more effective, efficient and economical business model with no adverse effect on the licencing objectives or customer experience. An application to vary the Portavadie Marina to include and combine all premises within the same footprint has been submitted for the Licensing Board’s consideration. If granted, AR741 & AR808 will be surrendered. Layout Plan If granted, three Premises Licences, each with its own individual layout plan will merge into one. This will necessitate a single layout plan for the common land and buildings owned and managed by the applicant. The new layout plan depicts the individual licensed areas within a single footprint. Please see new proposed layout plan submitted. Premises Licence change of name and description The merger will require a change to the name and description of the premises New Name; Portavadie Loch Fyne. New description; Facilities building; Bar/restaurant with balcony for outdoor eating and drinking, marquee and off sales gift/grocers shop, office accommodation, toilets, showers and laundry. Leisure centre; Spa, gymnasium and cafe-deli on the ground floor. Function room (Bulloch Suite), spa, juice bar and external spa deck on the first floor. Lodge; Ground floor resident’s lounge. Operating Plan Question 5 As a combined Operating Plan (activities transferred from the other two Operating Plans. Add; Accommodation, conference, theatre, films, gaming, indoor/outdoor sports, Question 5f Additional Activity Retail shop selling gifts, clothing, footwear, provisions, chandlery and alcohol off sales. Self-catering guest and staff accommodation, festivals, product launches boat launches. Question 6 Children and Young persons Terms Page 63
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Children will be allowed entry unaccompanied until 8.00pm after which they must be accompanied by an adult. (Add; aged 18 years or over) No restrictions for young persons. Ages Current 0-17 Proposed Children 0-15 Young Persons 16 & 17 Times Current; no restrictions Proposed; from opening until; Children; 10pm, unless attending a pre booked function or event when they will be permitted to remain for the duration. Young persons will be permitted to remain on the premises until the terminal hour. Parts In general; all public areas with the exception of the immediate vicinity of the bar counters. Specifically, Spa and Leisure; External spa deck and first floor - children are not permitted on the spa deck and are not permitted in the first floor area except in the Bulloch suite function room and access to and from it and children must be accompanied by an adult age 18 or over. Young persons are permitted in the spa and spa deck but must be accompanied by an adult age 18 or over. Question 7 Capacity of premises Marina; on sales 701 persons, off sales 4.28 square metres display Spa & Leisure; on sales 385, Lodge; on sales 164 Change of DPM to applicant Iain Jurgensen (applicant) EHO No issues. Page 64
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NAT 904 BASIC812P SHARK SEE SAW LINE OF PITCHED ROOF OVER MANHOLE MANHOLE LICENSING : EXTERNAL DRINKING AREA SITE BOUNDARY (INDICATES AREA OF LICENSE) LEGEND LICENSING : INTERNAL DRINKING AREA BABY CHANGE PLAY AREA (EXCLUDED) MARQUEE D R A W N JM 0543 / LP02 N U M B E R 1:1500 & 1:500 AT A1 S C A L E D R A W I N G C L I E N T T I T L E A r c h i t e c t s & D e v e l o p m e n t C o n s u l t a n t s BAS C H E C K E D 02 / 2023D A T E R E V I S I O N D E S C R I P T I O N D A T E DEVELOPMENTS AT PORTAVADIE, LOCH FYNE A L L D I M E N S I O N S I N M I L L I M E T R E S F I G U R E D D I M E N S I O N S O N L Y T O B E U S E D F R O M T H I S D R A W I N G O N L Y U N L E S S S T A T E D O T H E R W I S E R E A D I N C O N J U N C T I O N W I T H E N G I N E E R S D R A W I N G S A N D S P E C I F I C A T I O N A L L S I Z E S T O B E C H E C K E D O N S I T E B Y C O N T R A C T O R P R I O R TO O R D E R I N G M A T E R I A L S T H I S D R A W I N G I S C O P Y R I G H T S T E W A R T A S S O C I A T E S LICENSING PORTAVADIE ESTATES LTD LICENSING: EXTERNAL AREAS LEISURE, ACCOMMODATION AND FACILITIES 2 3 B A T H S T R E E T L A R G S A Y R S H I R E K A 3 0 8 B L t e l : 0 1 4 7 5 6 7 0 0 3 3 / 4 4 e m a i l : i n f o @ s t e w a r t - a s s o c i a t e s. c o m MARINA SERVICE CENTRE LEISURE CENTRE LODGES STAFF AND VISITOR ACCOMMODATION GENERAL ARRANGEMENT PER DRAWING NO. 0543-LP07 (INTERNAL) FACILITIES BUILDING GENERAL ARRANGEMENT PER DRAWING NO'S 0543-LP03 & 0543-LP04 (INTERNAL) LEISURE CENTRE GENERAL ARRANGEMENT PER DRAWING NO'S 0543-LP05 & 0543-LP06 (INTERNAL) FACILITIES READ IN CONJUNCTION WITH STEWART ASSOCIATES DRAWING NOS. 0543 / LP01 - LP07 INCL. Note: OS base map reproduced under copyright licence no. 100026043 SITE PLAN SCALE 1:1500 SCALE ( METRES) 150 30 45 7560 SITE PLAN 1:1500 SITE PLAN EXTRACTS SCALE 1:500 SCALE ( METRES) 50 10 15 2520 LEISURE CENTRE - EXTRACT PLAN 1:500 FACILITIES BUILDING - EXTRACT PLAN 1:500 STAFF AND VISITOR ACCOMMODATION - EXTRACT PLAN 1:500 Page 65
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ITEM 5(h) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Strachur Filling Station, Main Road, Strachur, PA27 8DG APPLICANT: Arlene Stirling, Clachan Cottage, Strachur, PA27 8DG AGENT: N/A DESCRIPTION OF PREMISES: Rural filling station with convenience store, petrol and diesel are both sold. Premises are principal source for supply of these to local community. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Tuesday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Wednesday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Thursday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Friday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Saturday N/A 10.00 to 18.00 N/A 10.00 to 18.00 Sunday N/A 12.30 to 18.00 N/A 10.00 to 18.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- To change the off sales start time on a Sunday from 12.30pm to 10.00am. CURRENT ACTIVITIES: There are no activities listed on the premises licence. Page 67 Agenda Item 5g
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ITEM 5(h) LSO: The applicant has reviewed her current Operating Plan and in response to demand has applied to have the off sales licence hours changed to align Sunday opening with the rest of the week. Operating Plan Question 3 Off Sale hours Current; Monday to Saturday; 10:00 till 18:00, Sunday; 12:30 till 18:00 Proposed; 10:00 till 18:00 seven days. No further changes requested. EHO No issues POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Extend the commencement hour for off-sales from 12.30p.m. to 10a.m. on a Sunday Page 68
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ITEM 5(i) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: The Brewery, Islay House Square, Bridgend, Isle of Islay, PA44 7NZ APPLICANT: Islay Whisky Centre Ltd, 7 Keills Cottages, Keills, Isle of Islay, PA46 7RF AGENT: N/A DESCRIPTION OF PREMISES: Micro brewery incorporating warehouse for the despatch of alcohol by off-sales. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Tuesday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Wednesday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Thursday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Friday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Saturday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 Sunday N/A 10.00 to 22.00 10.00 to 22.00 10.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To add on sales hours. 2) To add recorded music, live performances and outdoor drinking as activities. 3) To change the premises manager. 4) Change to layout plan to add whisky shop in Old Brewery premises. Page 69 Agenda Item 5h
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ITEM 5(i) CURRENT ACTIVITIES: There are currently no activities listed on the licence. CHANGE OF PREMISES MANAGER: Change to Bryony Boyd. LSO: Please see attached Report. POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Addition of on-sales 10a.m. to 10p.m. Monday to Sunday (2)Addition of recorded music, live performances and outdoor drinking as activities (3)Nature of live performances (4)Change of premises manager (5)Addition of a whisky shop to the layout plan (6)Delineation of the outdoor area Page 70
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LSO REPORT THE BREWERY, ISLAY HOUSE SQUARE, BRIDGEND, ISLE OF ISLAY, PA44 7NZ The premises is currently a working brewery visitor centre and shop. This variation comprises – Premises Licence – Description of Premises The trading model of the premises is changing from a working brewery visitor centre and shop, to a whisky themed visitor centre and shop. This will necessitate an update of the description of the premises. Operating Plan Question 2: On Sales hours – change from 1100-2200 (Mon-Sun) to 1000-2200 (Mon-Sun) Question 3: Off Sales hours – stay as current – 1000-2200 (Mon-Sun) Question 5(c): Recorded Music & Live Performance – allow by changing No to Yes in columns 2 & 3 only. Question 5(d): Outdoor Drinking. Already allowed but applicant has submitted updated layout plan. Question 5: Box below activities: the proposed activities in this box should be transferred to Question 5(f) box as none of these activities are taking place outwith licensed hours (column 4), This box should be blank. Question 5(f): Any other activities – remove current wording. In addition include the proposed activities from the box above and include the following – “A whisky shop will be created in the Old Brewery premises selling high end, collectors’ whisky; Conduct tastings and hand fill bottles from duty paid casks.” Question 6: Children & Young Persons Access – Page 71
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Current Proposed LSO Suggestion Terms Children and young persons allowed access when accompanied by a person aged 18 years or over while engaged in brewery tours or visiting the brewery shop. No access to shop serving area Ages Children (0-15 years) Young persons (16 & 17 years) Times Access to the premises will be between 10.00am and 10.00pm generally and for the outdoor drinking area 10.00am to 8.00pm. Parts All public parts of the premises with the exception of the shop serving area Terms Children over 5 years will be admitted to the premises by a responsible adult over 18 years of age. No children or young people will be admitted to the premises after 6pm Ages Children over 5 years and young persons up to 17 years Times Children & young people will be allowed on the premises from 10am to 6pm. No children will be allowed after 6pm Parts Children will be allowed entry to the shop premises & outdoor tasting areas Terms Children over 5 years and young persons will be admitted to the premises by a responsible adult over 18 years. No children or young persons will be admitted to the premises after 6pm Ages Children over 5 years and young persons up to 18 years Times Children over 5 years and young persons will be allowed on the premises from 10am to 6pm. Parts Children over the age of 5 years and young persons will be allowed entry to the shop premises & outdoor tasting areas Layout Plan The layout plan depicts the shop area and updated outdoor drinking area and meets the requirements of The Premises Licence (Scotland) Regulations 2007. As the premises will be an alcohol themed visitor centre, it is exempt, per Schedule 3, paragraph 13(3) of the Licensing (Scotland) Act 2005, from alcohol display restrictions. In relation to outdoor drinking, the Board may wish this area to be physically cordoned off, so that customers and staff are aware of the limit to the licensed area. EHO Environmental Health aware of this application. Page 72
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Layout Plan Islay Whisky Centre Ltd T/A Islay Whisky Vault, Islay House Square, Isle of Islay, PA44 7NZ Shop retail & tasting areas Front & Rear Outdoor tasting areas Rear of building 27,000mm 4,267mm Front of building 13,120mm 4,787mm 4130 Adjoining Storage Area Page 73
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Layout Plan Islay Whisky Centre Ltd T/A Islay Whisky Vault, Islay House Square, Isle of Islay, PA44 7NZ Front & Rear Outdoor tasting areas 14,500mm 17,000mm Rear of building Page 74
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ITEM 5(j) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: Pennyghael Hotel, Pennyghael, Isle of Mull, PA70 6HB APPLICANT: Leader Investments (Scotland) Limited, Unit 8, Baliscate Industrial Estate, Tobermory, Isle of Mull, PA75 6QA AGENT: MacArthur Legal, Boswell House, Argyll Square, Oban, PA34 4BD DESCRIPTION OF PREMISES: Six bedroom hotel with three self catering cottages. EXISTING CORE HOURS PROPOSED CORE HOURS ON SALES OFF SALES ON SALES OFF SALES Monday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Tuesday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Wednesday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Thursday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Friday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Saturday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 Sunday 19.00 to 23.00 N/A 11.00 to 01.00 11.00 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicants wish to vary the licence as follows:- 1) To change the name of the premises to The Inn at Port Nan Gael. 2) To amend the on sales hours. 3) To add off sales hours. 4) To add a Seasonal Variation. Page 77 Agenda Item 5i
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ITEM 5(j) 5) To vary the activities within and outwith core hours. 6) To add take aways as an activity on the licence. 7) To amend the wording in the Children and Young Persons conditions. CURRENT ACTIVITIES: Accommodation; Restaurant facilities; Bar meals; Celebrations; Funerals; Club or other group meetings; Recorded music and live performances. PROPOSED SEASONAL VARIATION: During the months of October to April the premises will be permitted to open one hour later than the commencement of core hours and will be permitted to close on hour prior to the end of core hours. CURRENT CHILDREN AND YOUNG PERSON’S CONDITIONS:- TERMS – Young persons and children are only allowed entry if they are resident of the hotel and if they are accompanied by an adult. Non-residents children are allowed entry if they are dining in the restaurant and accompanied by an adult. AGES – Children of all ages are allowed access providing they are resident of the hotel. Only children aged over 14 years will be allowed if they are dining at the restaurant as part of a family group and accompanied by an adult. TIMES – Resident children are allowed access at all times providing they are accompanied by parents or responsible adult. Non - resident children are only allowed access if they are dining at the restaurant when accompanied by an adult. PARTS – Resident children have access to the accommodation area plus the dining room/lounge area. If in the lounge/dining area they must be accompanied by a parent/responsible adult. Non resident children only have access to the lounge/dining area if they are dining in the restaurant. PROPOSED CHILDREN AND YOUNG PERSON’S CONDITIONS:- TIMES – Children and young persons are only allowed entry if they are residents of the hotel and if they are accompanied by an adult. Children and young persons who are non-residents are allowed entry if they are dining in the restaurant and are accompanied by an adult or to purchase takeaway food. AGES – Children and young persons of all ages are allowed access providing they are resident of the hotel. Only children aged over 14 years will be allowed if they are dining at the restaurant as part of a family group and accompanied by an adult. Children and young persons of all ages will be permitted entry to purchase takeaway food. TIMES – Resident children and young persons of the hotel are allowed access at all times provided they are accompanied by an adult. Non resident children and young persons are only allowed access if they are dining at the restaurant when accompanied by an adult or purchasing takeaway food. PARTS - Resident children and young persons have access to the accommodation area plus the dining room/lounge area. If in the lounge/dining area they must be accompanied by a parent/responsible adult. Non resident children and young persons only have access to the lounge/dining area if they are dining in the restaurant. Children and young person’s purchasing takeaway food will be permitted in the reception area. Page 78
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ITEM 5(j) LSO: The premises are a six bedroom Hotel with three self-catering cottages and situated on the A849, Craignure to Bunessan road, in a very rural area. This variation comprises – Premises Name Change name of premises on front of premises licence from Pennyghael Hotel to The Inn at Port Na Gael. Operating Plan Question 1(c): request on and off sales recorded. Question 2 (on sales hours): change from 1900-2300 (Mon-Sun) to 1100-0100 (Mon-Sun) Question 3 (off sales hours): currently no off sales. Add 1100-2200 (Mon-Sun). Question 4 (Seasonal Variation): change No to Yes and remove N/A and add – “During the months of October to April the premises will be permitted to open one hour later than the commencement of core hours and will be permitted to close one hour prior to the end of core hours.” Question 5(a) (restaurant): Yes in each column Question 5(c): Recorded music - Yes in each column Live Performance – Yes in columns 2&3 only Dance Facilities – No in each column Theatre - No in each column Films - No in each column Gaming - No in each column Indoor/Outdoor Sports - No in each column Televised Sport – Yes in each column Question 5(d) Outdoor Drinking - No in each column Question 5: Box below activities: “The restaurant will be open to provide restaurant facilities prior to core hours from 0800. The premises will also provide take away food outwith and during core hours to meet seasonal demand. Live music and televised sports will be available at those times.” Question 6(c): Children & Young Persons: in Ages, the reference to Children shall include Young Persons. Page 79
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ITEM 5(j) EHO Environmental Health aware of this application. POLICE COMMENTS: No Police objections. OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION: (1)Extend the on-sales hours (currently 7p.m. to 11p.m. Monday to Sunday) to 11a.m. to 1a.m. Monday to Sunday, (2)Addition of off-sales hours 11a.m. to 10p.m. Monday to Sunday (3)Change of name (4)Addition of a seasonal variation (5)The addition of takeaways as an activity (6)Amendment of the terms for children and young persons (7)To vary the activities within and outwith core hours Page 80
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ITEM 5(k) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: The Keel Row, Fionnphort, Isle of Mull, PA66 6BL APPLICANT: Keel Row Consortium Ltd., Address as above AGENT: N/A DESCRIPTION OF PREMISES: Lounge and public bar located in town square occupying lower floor of a tenement building. EXISTING LICENSED HOURS ON SALES OFF SALES Monday 12.00 to 24.00 12.00 to 22.00 Tuesday 12.00 to 24.00 12.00 to 22.00 Wednesday 12.00 to 24.00 12.00 to 22.00 Thursday 12.00 to 24.00 12.00 to 22.00 Friday 12.00 to 01.00 12.00 to 22.00 Saturday 12.00 to 01.00 12.00 to 22.00 Sunday 12.30 to 24.00 12.30 to 22.00 DETAILS OF VARIATIONS SOUGHT:- The applicants wish to vary the licence as follows:- 1) To vary the wording in the seasonal variation. 2) To vary the Children and Young Person's conditions. Page 81 Agenda Item 5j
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ITEM 5(k) CURRENT ACTIVITIES: Restaurant facilities; Bar meals; Celebrations; Funerals; Club or other group meeting; Recorded music; Live performances; Dance facilities; Indoor/outdoor sports; Televised sports; Outdoor drinking area. CURRENT SEASONAL VARIATION: The premises will be open until 1.00am on Hogmanay 31st December whenever that falls in any given year. The premises will be closed all day on New Year's Day 1st of January whenever that falls in any given year. The premises will be closed on Christmas Day 25th December. The premises will open at 4.00pm on Boxing Day In winter months i.e the months of November, December, January and February and up to the Easter weekend whenever that falls the applicant reserves the right to close the premises up to two hours earlier if there are no patrons in the premises and up to one hour earlier for the same reason in the summer months between Easter weekend until 31st October. PROPOSED SEASONAL VARIATION: The premises will be open until 1.00am on Hogmanay 31st December. The premises will be closed all day on New Year's Day 1st January. The premises will be closed on Christmas Day 25th December. The premises will open at 5.00pm on Boxing Day. In the winter months from 1st November and up to Easter weekend whenever that falls the Management reserves the right:- - To close the premises up to two hours earlier than the terminal hour if there are no patrons in the premises, and - To close on Mondays, Tuesdays and Wednesdays, to open from 16.00 on Thursdays and Fridays and to operate core times on Saturdays and Sundays. In the summer months from Easter weekend until 31st October, the management reserves the right to close the premises up to one hour earlier than the terminal hour if there are no patrons in the premises. CURRENT CHILDREN & YOUNG PERSON’S CONDITIONS:- TERMS – Children under the age of 16 years of age will be permitted on the premises provided they are accompanied by an adult for the purposes of consuming a meal, quiz event, attending a function or specific children's activity. Young persons aged 16 and 17 will be permitted entry to the premises without an adult being present for the purpose of consuming a meal. Young persons may also go into the pool room unaccompanied. AGES – Children under the age of 16. Young persons aged 16 and 17. TIMES – Children and young persons will be allowed entry to the premises between 12 noon (and 12.30pm on Sundays) until 9.00pm at night for the purpose of consuming a meal. Children and young persons will be allowed to remain on later in the premises if waiting for a table or finishing a meal and if accompanying their parents to a function. In that case they can remain on the premises with their parents until core closing hours. On Hogmanay young persons aged 16 and 17 as long as they are accompanied by a parent or responsible adult may stay on the premises until 1.00am. Page 82
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ITEM 5(k) PARTS – The parts of the premises that children and young persons will be allowed entry are the specific areas of the bar for the purpose of consuming a meal, the restaurant area and access to the outside seating areas together with access to the Pool Room as mentioned above and public toilets. PROPOSED CHILDREN & YOUNG PERSON’S CONDITIONS:- TERMS – Children and young persons allowed access in the company of a responsible person aged 18 years or over for the purpose of consuming food, snacks, refreshment etc. and on occasions such as family parties and celebrations, quiz nights etc. will be allowed to remain until the end of the event. AGES – Children of all ages (0-15) and young persons (16 & 17 years). TIMES – From 12 noon until 22.00 (indoors) and 20.00 (outdoors). Children and young persons will be allowed to remain later on the premises if waiting for a table or finishing a meal, or if accompanied to a function by a responsible adult. In that case, they cam remain on the premises with the responsible adult until core closing hours if necessary. On Hogmanay young persons aged 16 and 17 may stay on the premises until 1.00am as long as they are accompanied by a responsible adult. PARTS - All public parts of the premises, with the exception of the bar area where access is specifically permitted only as necessary for through access to the restaurant. LSO COMMENTS: Please see attached Report. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- (1)Amendment of the seasonal variation (2)Amendment of the terms for children and young persons Page 83
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LSO REPORT THE KEEL ROW, FIONNPHORT, ISLE OF MULL, PA66 6BL (REPORT BY ERIC DEARIE) The Keel Row is a family orientated Pub and Restaurant situated in its own self-contained garden and grounds in the village of Fionnphort at the Southern tip of the Ross of Mull with a population of approximately 80 people. The nearest other licensed premises on the island is at Bunessan which is 6 miles away. The establishment caters for a large tourist customer base during the summer season - Easter to November - and is a well-attended local community pub during the winter off-season months. In addition to the restaurant and bar meal facilities, there is an outside seating area where food and alcohol are served. This variation application comprises - Operating Plan Question 4: Seasonal Variation – Current “The premises will be open until 1.00am on Hogmanay 31st December whenever that falls in any given year. The premises will be closed all day on New Year's Day 1st of January whenever that falls in any given year. The premises will be closed on Christmas Day 25th December. The premises will open at 4.00pm on Boxing Day. In winter months i.e. the months of November, December, January and February and up to the Easter weekend whenever that falls the applicant reserves the right to close the premises up to two hours earlier if there are no patrons in the premises and up to one hour earlier for the same reason in the summer months.” Proposed “The premises will be open until 01:00 on Hogmanay 31st December. The premises will be closed all day on New Year’s Day 1st of January. The premises will be closed all day on Christmas day 25th December. The premises will open at 17:00 on Boxing Day 26th December. In the winter months from 1st November and up to Easter weekend whenever that falls the management reserves the right: to close the premises up to two hours earlier than the terminal hour if there are no patrons in the premises, and to close on Mondays, Tuesdays, and Wednesdays, to open from 16:00 on Thursdays and Fridays, and to operate core times on Saturdays and Sundays. In the summer months from Easter weekend until 31st October, the management reserves the right to close the premises up to one hour earlier than the terminal hour if there are no patrons in the premises”. Question 6: Children & Young Persons Access – Current Proposed LSO Suggestion Page 85
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Terms Children under the age of 16 years of age will be permitted on the premises provided they are accompanied by an adult for the purposes of consuming a meal, quiz event, attending a function or specific children's activity. Young persons aged 16 and 17 will be permitted entry to the premises without an adult being present for the purpose of consuming a meal. Young persons may also go into the pool room unaccompanied. Ages Children under the age of 16. Young persons aged 16 and 17. Times Children and young persons will be allowed entry to the premises between 12 noon (and 12.30pm on Sundays) until 9.00pm at night for the purpose of consuming a meal. Children and young persons will be allowed to remain on later in the premises if waiting for a table or finishing a meal and if accompanying their parents to a function. In that case they can remain on the premises with their parents until core closing hours. On Hogmanay young persons aged 16 and 17 as long as they are accompanied by a parent or responsible adult may stay on the premises until 1.00am. Parts The parts of the premises that children and young persons will be allowed entry are the specific areas of the bar for the purpose of consuming a meal, the restaurant area and access to the outside seating areas together with access to the pool room as mentioned above and public toilets. Terms Children and young persons allowed access in the company of a responsible person aged 18 years or over for the purpose of consuming food, snacks, refreshment, etc., and on occasions such as family parties and celebrations, quiz nights, etc. Will be allowed to remain until the end of the event. Ages Children of all ages (birth to 15 years) and young persons (16 & 17 years). Times From 12:00 noon until 22:00 (indoors) and 12:00 noon until 20:00 (outdoors). Children and young persons will be allowed to remain later on the premises if waiting for a table or finishing a meal, or if accompanied to a function by a responsible adult. In that case, they can remain on the premises with the responsible adult until core closing hours if necessary. On Hogmanay young persons aged 16 and 17 may stay on the premises until 1:00am as long as they are accompanied by a responsible adult. Parts All public parts of the premises, with the exception of the bar area where access is specifically permitted only as necessary for through access to the restaurant. Terms As proposed Ages As proposed Times Children and young persons will be allowed to remain later on the premises if waiting for a table or finishing a meal How late if waiting for a table or finishing a meal? Parts As proposed EHO Environmental Health aware of this application. Page 86
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ITEM 5(l) Argyll and Bute Licensing Board 25th April 2023 VARIATION OF A PREMISES LICENCE NAME OF PREMISES: The Olive Garden, Unit 2, Waterfront Centre, Railway Pier, Oban, PA34 4LW APPLICANT: Joan Felgate, 53 MacPherson Road, Dunbeg, by Oban, PA37 1AR AGENT: MacArthur Legal, Boswell House, Argyll Square, Oban PA34 4BD DESCRIPTION OF PREMISES: Ground floor, single storey restaurant premises in Unit situated on Railway Pier, Oban with entrance on to the Pier and also facing the Railway Station, providing a full range of meals to include a la carte, pizza and snacks and light meals throughout the stated core hours. The premises include an outdoor drinking area shown outlined in red and shaded blue on the plan. EXISTING LICENSED HOURS ON SALES OFF SALES Monday 11.00 to 23.00 N/A Tuesday 11.00 to 23.00 N/A Wednesday 11.00 to 23.00 N/A Thursday 11.00 to 23.00 N/A Friday 11.00 to 01.00 N/A Saturday 11.00 to 01.00 N/A Sunday 11.00 to 23.00 N/A DETAILS OF VARIATIONS SOUGHT:- The applicant wishes to vary the licence as follows:- 1) To amend the seasonal variation. 2) To add the sale of take away food and hot and cold non-alcoholic beverages from 08.00 to 20.00 daily. Page 87 Agenda Item 5k
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ITEM 5(l) 3) To amend the on-sales capacity to 138. CURRENT ACTIVITIES: Conference facilities; Restaurant facilities; Celebrations; Funerals; Club or other group meetings; Recorded music; Live performances; Dance facilities; Televised sport and outdoor drinking CURRENT SEASONAL VARIATION: 1. The outdoor area shown outlined in red and coloured blue will be open from April to September, dependent on the weather conditions and the terminal hour will be 10pm. 2. The outdoor area shown coloured green shall open throughout the year and 3. The Management reserves the right, dependent on trade, to open the premises later or close earlier on any day of the week or close on certain days of the week or at certain times of the year, notably between 30 September and 1 April. PROPOSED SEASONAL VARIATION: 1. The outdoor area shown shaded green within the area outlined in red shall be open throughout the year. 2. The Management reserves the right, dependent on trade, to open the premises later or close earlier on any day of the week or close on certain days of the week or at certain times of the year, notably between 30 September and 1 April. CURRENT ON-SALES CAPACITY – 199 persons PROPOSED ON-SALES CAPACITY – 138 persons The change to capacity and update to the wording in the seasonal variation has come about because there used to be two outside areas. One of these areas was removed by a minor variation in 2013 but the capacity and wording in the seasonal variation were never changed. This is to put right the wording in the licence. LSO COMMENTS: Ground floor, single storey restaurant premises in Unit situated on Railway Pier, Oban, with entrance on to the Pier and also facing the Railway Station, providing a full range of meals to include a la carte, pizza and snacks and light meals throughout the stated core hours. The premises include an outdoor drinking area shown outlined in red and shaded blue on the plan. This variation application comprises – Operating Plan Question 4: Seasonal Variation – Current “1. The outdoor area shown outlined in red and coloured blue will be open from April to September, dependent on the weather conditions and the terminal hour will be 10pm. 2. The outdoor area shown coloured green shall open throughout the year and Page 88
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ITEM 5(l) 3. The management reserves the right, dependent on trade, to open the premises later or close earlier on any day of the week or close on certain days of the week or at certain times of the year, notably between 30 September and 1 April.” Proposed “1. The outdoor area shown shaded within the red lines on the plan shall open throughout the year. 2. The management reserves the right, dependent on trade, to open the premises later or close earlier on any day of the week or close on certain days of the week or at certain times of the year, notably between 30th September and 1st April.” Question 5(f): Any Other Activities – add - “The premises will be permitted to sell takeaway food and hot and cold non-alcoholic beverages from 8:00 to 20:00 daily.” Question 7: Capacity Current On sales - 199 Capacity breakdown - inside area - 108 Outside area - 91 Proposed On sales - 138 Capacity breakdown - inside area - 108 Outside area - 30 EHO Environmental Health aware of this application. POLICE COMMENTS: No Police objections OBJECTIONS/REPRESENTATIONS: None POINTS FOR CONSIDERATION:- (1)Amendment of the seasonal variation (2)Addition of takeaway food together with hot and cold non-alcoholic beverages as an activity from 8a.m. to 8p.m. daily (3)Reduction in the on-sales capacity figure from 199 persons to 138 persons which is due to there being only one outside area) Page 89
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THE ARGYLL AND BUTE LICENSING BOARD – 25TH APRIL 2023 KILMORY, LOCHGILPHEAD GAMBLING ACT 2005 APPLICATION FOR AN ADULT GAMING CENTRE PREMISES KNOWN AS: Hunter’s Quay Holiday Village ADDRESS: Dolphin Leisure Centre Hunter's Quay Dunoon, PA23 8HP APPLICANT: Inspired Gaming UK Ltd 107 Station Street Burton Upon Trent, DE14 1SZ OPERATING LICENCE No: 000-001090-N-104166-016 AGENT: None TYPE LICENCE APPLIED FOR: Adult Gaming Centre An Adult Gaming Centre allows an operator to offer an unlimited number of Category C and D gaming machines and up to 20 per cent of the total number of machines, can be of Category B3 or B4 Category C Machines have £1 stake and maximum prize of £100 Category D Machines are low-stake fruit machine style machines, coin pushers (sometimes called penny falls) or crane grabs. Category B3 machines have £2 stake and maximum prize of £500 Category B4 machines have £2 stake and maximum prize of £400 PROPOSED OPERATING HOURS: 9am to Midnight Page 91 Agenda Item 6a
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ANY OTHER RELEVANT INFORMATION 1. The Applicant submitted the application on 13th February 2023 2. Applicant advert was placed in Dunoon Observer on 24th February 2023 – objection period expires 24th April 2023 3. No objections from interested parties have been received to date 4. The Police have confirmed they have no observations/comments to make on 23rd February 2023 5. Board determines firstly whether responses from responsible authority or interested party otherwise are admissible. Interested party defined as person who: (a) lives sufficiently close to premises to be likely to be affected by the authorisation of a licence; or (b) has business interests that might be affected; or (c) someone who represents either (a) or (b). 6. After determining whether representation comes from responsible authority or interested party, the Board must then determine its relevance. 7. These premises currently hold an unlicensed family entertainment centre permit which was granted on 6th October 2022. They also have a licensed premises gaming machine permit which has been in place since 4th March 2013. Copy licences attached 8. Mandatory conditions apply to adult gaming centres as detailed below 1. A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises. 2. No customer shall be able to access the premises directly from any other premises in respect of which a licence issued under Part 8 of the Act, or a permit issued by virtue of section 285 of, or Schedule 10 or 12 to, the Act, has effect. 3. Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming machine in order to do so. 4.—(1) No alcohol shall be sold, or permitted to be consumed, at any time during which facilities for gambling are being provided on the premises. Page 92
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(2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises. The applicant has been advised they will require to address the Board on how they will comply with the mandatory conditions. 8. There are no default opening hours for adult gaming centres. The licensing authority can determine these on a case by case basis. The applicant has requested the hours of 9am to Midnight Page 93
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This form is prescribed by regulation 4 of the Gambling Act 2005 (Family Entertainment Centre Gaming Machine((Permits)Regulations 2007 Unlicensed Family Entertainment Centre Gaming Machine Permit This family entertainment centre gaming machine permit authorises: Inspired Gaming Uk Ltd First Floor 107 Station Street Burton Upon Trent Staffordshire, DE14 1SZ to make Category D gaming machines available for use on the following premises: Hunter’s Quay Holiday Village Dolphin Leisure Centre and Shop Hunter's Quay Dunoon PA23 8HP Date on which this permit takes effect: 06/10/2022 Date on which this permit expires: 05/10/2032 This permit is issued by: Argyll and Bute Licensing Board Kilmory Lochgilphead Argyll PA31 8RT Signed: Date: 06/10/2022 Clerk to the Licensing Board Page 94
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This form is prescribed by regulation 9(1) of the Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 Licensed Premises Gaming Machine Permit No: G/PL/17 This licensed premises gaming machine permit authorises: Hunters Quay Leisure Centre (Cowal Leisure Centre) To make gaming machines, of the category and number specified below, available for use on the following premises Hunters Quay Holiday Village By Dunoon PA23 8HP Number of Category C gaming machine authorised by this permit 3 Number of Category D gaming machine authorised by this permit 22 Date on which this permit takes effect: 4/3/ 2013 This permit is issued by: Argyll and Bute Licensing Board Kilmory Lochgilphead Argyll PA31 8RT Signed Date: 4th March 2013 Clerk to the Licensing Board J:/Legal/Litigation/Alison/Gambling Act 2005/Note for LB on Hunters Quay AGC Page 95
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Page 99 Agenda Item 7a
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