Minutes of the Argyll and Bute Licensing Board held on 14th February 2012 at 11.00am within the Council Chamber, Kilmory, Lochgilphead.
Present:
Daniel Kelly (Chairman)
James McQueen
Roderick McCuish
Vivien Dance
Donald McMillan
Neil MacKay
In Attendance:
Peter Robertson, Depute Clerk to the Board
Margaret MacLean, Admin Assistant
Kelly Coffield, Licensing Assistant
Graeme Forrester, Solicitor
Eric Dearie, Licensing Standards Officer
Raymond Park, Licensing Standards Officer
Inspector Armstrong, Strathclyde Police
Heather Murray, Strathclyde Police
- APOLOGIES FOR ABSENCE
Apologies for absence were intimated from Alister MacAlister , Al Reay and Robin Currie.
- APPROVAL OF PREVIOUS MINUTES
The minutes of the meeting held on 15th November 2011 were submitted and subsequently approved.
- APPLICATIONS FOR PROVISIONAL GRANT OF A PREMISES LICENCE
- The Royal Hotel, Main Street, Campbeltown
Rebecca Luke, Solicitor, Paisley appeared on behalf of the applicants. The premises has been refurbished to a luxury hotel standard and incorporates a bar, restaurant, and an outdoor seating area. They wish children to be permitted until 10.00pm.
Neil MacKay asked with regard to children, when last orders for food were taken. Miss Luke replied it was 9.30pm.
The Chairman asked if there were any baby changing facilities as there was nothing indicated on the plans and Miss Luke confirmed there was a fold-down table in the disabled toilet.
There were no comments from Strathclyde Police or the Licensing Standards Officer.
The Board agreed that the application be granted as applied for.
- The Village at Machrihanish Dunes, Machrihanish, by Campbeltown
Rebecca Luke, Solicitor, Paisley appeared on behalf of the applicants. The premises is a new hotel and leisure development. It comprises of a newly refurbished hotel, new cottages and the Old Clubhouse premises. Again, children will be permitted until 10.00pm. The premises are owned by the same company as the previous application and baby changing facilities are as detailed in the previous application.
There were no comments from Strathclyde Police or the Licensing Standards Officer.
The Board agreed that the application be granted as applied for.
- APPLICATIONS FOR MAJOR VARIATION TO PREMISES LICENCE
1.Colquhoun Arms Hotel, Main Street, Luss, Loch Lomond
John Gilmour, Solicitor, Dumbarton appeared on behalf of the applicants. Simon Millar, Chief Executive and Valerie Jones, Premises Manager were also present. Mr Gilmour explained that Luss Estates Limited are the proprietors of the Loch Lomond Arms Hotel as it is now known.
There has been a refurbishment of the premises into a more family orientated hotel encouraging families. The pool tables have been removed and there is no loud music.
Weather permitting, there are three outdoor areas to be enjoyed. These are all paved and in locations where noise will not present a problem to neighbours.
They would wish children to be allowed on the premises until 11.00pm each evening or where a pre-booked function is taking place, until the end of the evening.
Vivian Dance addressed Mr Gilmour with the two following questions. As the capacity of the premises is currently 100 and they wish to increase this to 210, how are they going to fit in the extra? With regard to the children, 11.00pm is rather late for them. What are the reasons for this?
John Gilmour explained that when the weather was good, there may be people standing outside. The capacity of 210 was unlikely to be a regular figure and it was only in good weather when there may be a lot of people standing outside. He further explained that it was a very child friendly hotel and in this respect, his client seeks 11.00pm for family groups, out for a meal, in order that they can sit and spend time together without having to rush off early with the children.
Vivian Dance then asked if children and young persons would be allowed access to all areas at all times, whether they were accompanied or not and whether they were eating or not.
After checking with his clients, John Gilmour confirmed that the children would always be accompanied. He also stated they were willing to compromise that if children were to be in after 9.00pm they would insist it would only be if they were eating with their family..
Neil MacKay asked when meals were served until.
After checking with his clients, Mr Gilmour said last orders were at 9.30pm.
Neil MacKay then asked if 11.00pm was still required then for children.
John Gilmour explained that children eat quickly, but adults eat more and take longer to eat a meal, especially if there are a few courses involved.
Neil MacKay stated that 11.00pm was not the norm and he was concerned that 11.00pm was a little late for children to be in.
The Chairman concluded that taking into account the type of clients and the location of the premises, and with it being busy in the summer he did not have a problem with the variation being applied for.
The Board agreed that the application be granted as applied for.
- Dalmally Village Shop, Glenview, Dalmally
The applicant did not require to be represented for this variation. Looking to permit off-sales from 10.00am on a Sunday.
The Board agreed that the application be granted as applied for.
- Dervaig Port Office & Stores, Main Street, Dervaig, Isle of Mull
Jane Thomson, Solicitor, Oban appeared on behalf of the applicants and advised that the Licence Holder apologised for not being present. She then explained the variation to the licence and added there is a lot of money being spent on the improvements to the shop. They were hoping to open at the end of March. The new alcohol display would take up approximately 3% of the main store and Mull would benefit from this variation.
She further explained the Building Warrant had not yet been obtained but they were applying for one at present and she had spoken to Building Control about it. They did not envisage any problems.
There were no comments from Strathclyde Police or the Licensing Standards Officer.
The Board agreed that the application be granted as applied for.
- Garelochhead Bowling Club, Feorlin Way, Garelochhead
Jamie Kjorstad, President of the Club appeared to speak on behalf of the premises. He explained the Club membership had been dwindling in recent years and felt what was in place with regard to children at present was outdated. The Club wants to allow children and young persons in to the lounge area to make a better family atmosphere in the premises.
There had been objections at the time of the application being lodged but none of the objectors were present.
Roderick McCuish mentioned that the letter lodged had been signed on behalf of Garelochhead Bowling Club Management Committee and asked Mr Kjorstad if he had authority to speak for the Club.
Mr Kjorstad explained that the Management Committee had sat the previous evening. They have to run in accordance with the constitution. They were going to apply for a variation to the Constitution with regard to the children at the AGM in April. Nothing would be done before that time.
Roderick McCuish asked if it would be better to wait until after the AGM to apply for the variation if nothing would be getting done prior to April.
Mr Kjorstad said that the Club was struggling and they were trying to bring up the numbers as soon as possible.
Vivian Dance asked how many members the Club had to which Jamie Kjorstad replied it was 106 at present but they were trying to increase the junior membership.
The Chairman asked when the season would start and Mr Kjorstad advised it was usually the weekend after Easter
Neil MacKay then asked the Clerk to the Board , if the variation was granted, is it a possibility they could come back at a later date to take the licence back to the original hours to which the Clerk confirmed it was a possibility.
The Chairman suggested continuing the application to the next Board Meeting in April. This would give the applicants a chance to sort out any problems and come back with a clear idea of what they were looking for and to save any complications.
Vivian Dance stated she was happy with the answers given. They have gone through the correct process and she would rather the variation was granted and if they have to come back at a later date then we can deal with it then. The Club is in difficulty and she would rather they did not have to wait until April and move that it be granted.
Roddy McCuish added he would be delighted to move forward with this. He did not think it was right that children have to sit in a corridor whilst playing at the Club as they were not permitted in the lounge at present. He would support Vivian Dance on this.
The Clerk stated it would be open to the Board to grant the application subject to a suspensive condition that meant the proposed variation did not come into effect until the Club make the necessary change to its constitution.
Vivian Dance replied Jamie Kjorstad has a mandate from the committee. The Management Committee are running the Club as they should be and the application should be granted as applied for.
The Chairman stated they were trying to do what was right for the Club.
Neil Mackay added he understands his colleague and they have to work with the 2005 Act. The Clerk has come up with an excellent compromise that the variation be granted on the condition the amendment is approved at the Club AGM.
Vivian Dance moved that the application be granted. Roddy McCuish moved to second that.
Neil MacKay moved that the application is grantedsubject to a suspensive condition that meant the proposed variation did not come into effect until the Club make the necessary change to its constitution. This was seconded by the Chairman.
It therefore went to the vote and the Chairman’s casting vote carried the amendment subject to a suspensive condition that meant it did not take effect until it was approved by the Club in their general meeting.
- Lorne Bar, 249 Argyll Street, Dunoon
Jane MacLeod, Solicitor, Lochgilphead appeared on behalf of the applicants. Mr Green, the Regional Manager and Heather Vincent, Premises Manager were also present. Jane MacLeod spoke to the terms of the variation. The premises wish to amend operating hours for on and off sales on a Sunday from 12.00pm to 11.00am. Mrs MacLeod added food would be available from 11.00am on Sundays.
The Board agreed that the application be granted as applied for.
- Shower of Herring Restaurant, Melfort Village, Kilmelford, by Oban
Donna Sagewood, Solicitor, Oban appeared on behalf of the applicants and gave apologies from the Licence Holder who was not able to be present. She then explained the terms of the variation and advised the children’s conditions at present were very restrictive and they were looking to change this to make it more flexible for the families holidaying in the area.
The Board agreed that the application be granted as applied for.
- Tobermory Bakery, 26 Main Street, Tobermory, Isle of Mull
Marjorie Nelson, the owner of the premises, appeared and spoke to the terms of the variation. She further explained the Building Warrant had also been applied for.
The Board agreed that the application be granted as applied for.
- HEARINGS FOR PERSONAL LICENCE
1.Marc Moorlen, South King Street, Helensburgh
The licence holder was not present for the Hearing. However, the decision was made to proceed in his absence. Inspector Armstrong of Strathclyde Police explained the circumstances of the conviction.
Roderick McCuish asked if Mr Moorlen was advised or summoned to come to the Hearing.
The Clerk advised he was invited and not obliged to come. However, it is obviously in his best interests if he does attend as he is given the opportunity to be heard.
The Chairman moved that the licence be endorsed. With no-one being otherwise minded, this became the decision of the Board.
- Hitesh Singh, Alexandra Parade, Dunoon
The applicant was not present for the Hearing. However, the decision was made to proceed in his absence. Inspector Armstrong of Strathclyde Police explained the circumstances of the conviction.
The Chairman moved that the application be refused. With no-one being otherwise minded, this became the decision of the Board.
- Dean Scott, Davaar Avenue, Campbeltown
The applicant, Dean Scott was present for the Hearing. He explained that he had not been clear on what was to be put on the application form and had mistakenly believed he did not have to put any of his convictions down. It was an honest mistake. His last involvement with the Police was 2005 and there had been no further incidents. He has recently become a supervisor at the Royal Hotel, Campbeltown and requires a personal licence to continue his employment there.
He further explained he had been suffering from clinical depression at the time of the convictions. He is now married and has had several jobs since then without incident. His life is now back on the straight and narrow.
Neil MacKay asked if his present employers were aware of his previous convictions to which Mr Scott confirmed they were aware of this.
Mr Scott then advised he had a reference from his previous employer and brought it forward for the Chairman to read it.
The Chairman moved that the application be granted. With no-one being otherwise minded, this became the decision of the Board.
- HEARING FOR REVIEW OF PREMISES LICENCE
1. Paparazzi, Breadalbane Street, Oban
The Clerk advised that the Hearing had been continued on a number of occasions as there is a Sheriff Court trial ongoing. He recommended it be continued until a date after the conclusion of criminal proceedings.
- ANY OTHER BUSINESS
1.Queens Diamond Jubilee
It was agreed that this should be dealt with by way of individual Extended Hours applications.
- DATE OF NEXT MEETING
The next meeting of the Licensing Board will be held on Tuesday 24th April 2012 at 11.00am within the Council Chamber, Kilmory, Lochgilphead, PA31 8RT.
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(Chairman)