Stirling Council Agenda Item No. 6

Date of District of Licensing Meeting: 18 October 2018 Board Not Exempt Application for Major Variation of Premises Licence – The Woollen Mill, Kilmahog, , FK17 8HD

Purpose & Summary

This report is in relation to an application for a major variation of premises licence for The Kilmahog Woollen Mill, Kilmahog, Callander, FK17 8HD.

Recommendations

The Board is asked to consider whether or not to: 1. grant of the application for major variation of premises licence; or 2. grant the application for major variation of premises licence provided that the applicant makes modifications to the application; or 3. grant the application for major variation of premises licence subject to the acceptance of additional conditions being attached the licence; or 4. refuse the grant of the application for major variation of premises licence.

Resource Implications

This section is not relevant in the determination of this application

Legal & Risk Implications and Mitigation

This section is not relevant in the determination of this application.

1. Background

1.1. This application is requesting the grant of a major variation.

1.2. The application is requesting to change the terminal hour for both on and off sales from the current terminal hour of 5.30pm to 10pm. 1.3. The application is requesting to amend the Seasonal Variation narrative to read “The premises would like to take advantage of any extension that the Board may grant from time to time.” 1.4. The application is requesting to add the following activities/facilities to its operating plan both during and outwith core hours: “Receptions, Club Meetings and Live Performances.” The applicant has stated “These activities may be provided outwith core licensed hours but no alcohol will be sold or supplied. No alcohol will be sold outwith core licensed hours.” 1.5. The application also seeks to include the following other activities: “The retail sale (during and outwith licensed hours) of a wide range of clothing, woollen goods, home wares, gifts and tourist items. The premises will also host events such as club meetings, parties, fashion shows, charity fundraisers and tastings. Santa's grotto will be available throughout the months of November and December.” 1.6. No objections or representations have been made from the Licensing Standards Officer, Police or any other relevant person in relation to this application. 1.7. The application is consistent with Stirling Licensing Board Policy Statement.

2. Considerations

2.1. Under Section 30 of the Licensing (Scotland) Act 2005, the Licensing Board must determine a major variation application in respect of a licenced premises. 2.2. Under Section 30 of the Licensing (Scotland) Act 2005, the Board must consider any grounds for refusal. If there are grounds for refusal, the Board must refuse the application. If there are no grounds of refusal, the Board must grant the application. 2.3. The grounds for refusal are as follows: 2.3.1. The Board considers that granting the application would be inconsistent with one or more of the licensing objectives; 2.3.2. The Board considers the premises to be unsuitable for the sale of alcohol following the proposed variation, giving consideration to the nature of the activities, the location, character or condition of the premises, and the persons likely to frequent the premises; 2.3.3. The Board considers that the granting of the application would result in an overprovision of premises of a similar description in the locality. 2.4. In addition to the above grounds, an application must be refused if: 2.4.1. The premises in question has already been refused a premises licence within the last year, or; 2.4.2. The application seeks to have a 24 hour licence (unless exceptional circumstances apply), or; 2.4.3. The application seeks an off-sales licence with core hours between 10pm and 10am. 2.5. Any proposed conditions attached to the licence can be as the Board deems necessary or expedient for the purposes of any of the licensing objectives. Notwithstanding this, the following applies: 2.5.1. Any additional conditions cannot be inconsistent with the mandatory statutory conditions which must apply to all premises licences, and; 2.5.2. The conditions cannot have the effect of making other conditions more onerous or restrictive; and 2.5.3. The conditions cannot relate to subject matter which is regulated by other means. 2.6. The effects of the options available to the Board (noted at ‘Recommendations’ above) are as follows: 2.6.1. The granting of the application would have the effect of permitting The Kilmahog Woollen Mill to make the desired alterations to the premises licence and operating plan. The premises could then be used to sell alcohol in accordance with the licence; 2.6.2. The granting of the application on the basis that the applicant makes specified modification(s) to the application would have the effect of allowing The Kilmahog Woollen Mill to make the desired alterations to the licence providing it complies with any modifications stipulated by the Board and accepted by the ppliacnt. The premises could be used to sell alcohol in accordance with the licence; 2.6.3. The granting of the application subject to additional conditions being attached to the licence would have the effect of allowing The Kilmahog Woollen Mill to make the desired alterations to the licence providing it complies with any conditions stipulated by the Board. The premises could be used to sell alcohol in accordance with the licence; and 2.6.4. Refusing the grant of the application would deny The Kilmahog Woollen Mill the authority to make the desired variations. The premises licence would remain in its current state.

3. Implications

Equalities Impact 3.1. This section is not relevant in the determination of this application. Fairer Scotland Duty 3.2. The contents of this report were considered in terms of the Fairer Scotland Duty and were determined not to be of strategic importance. Sustainability and Environmental 3.3. This section is not relevant in the determination of this application. Other Policy Implications 3.4. None. Consultations 3.5. , Licensing Standards Officer.

4. Background Papers

4.1. None.

5. Appendices

5.1. Appendix 1 – Application for Major Variation dated 6 August 2018. 5.2. Appendix 2 – Proposed Operating Plan.

Author of Report: Contact Details: Stephanie Cameron 01786 233612 Licensing Team Leader [email protected]

Approved by: Signature:

Ruth McColgan Depute Clerk to the Licensing Board

Date: 7 September 2018

Details of Convener(s), Vice Convener(s), Councillor Danny Gibson (Chair) Portfolio Holder and Depute Portfolio Holder Councillor Douglas Dodds (Vice-Chair) consulted on this report:

Wards affected: Ward 1 – and Teith

Key Priorities: N/A

Key Priority Considerations: N/A

Stirling Plan Priority Outcomes: N/A (Local Outcomes Improvement Plan)