EAST AYRSHIRE LICENSING BOARD
Minute of the Meeting of the Quarterly Board on 10th June 1997
Sederunt : Councillors B. Beattie, J. Boyd, R. Brailsford, J. Carmichael, J. Kelly, D. Macrae, G. Smith, R. Taylor and D. Coffey.
Attending : Mrs. K. McVey (Clerk to the Board), Ms. I. Townson (Depute Clerk to the Board), Mr. R. Griffiths (Building Control Manager), Mr. W. Stafford (Director of Community Services), Mr. P. Todd (Environmental Health & Waste Management), Chief Superintendent Campbell and Sergeant J. Coubrough (Strathclyde Police “R” Division), Chief Superintendent T Dempsey, Sergeant F. Galloway and Sergeant D. Hercus (Strathclyde Police “U” Division), Mrs. P. Duncan (Senior Administrator) and Mrs. C. McEwan (Licensing Board Administrator).
Apologies were submitted on behalf of Councillors A. Campbell, W. Doyle and A. McIntyre who were unable to attend the Board because of other commitments.
The Clerk assumed the Chair and called for nominations for Chairmanship until June 1998. Councillor Beattie was nominated by Councillor Boyd and this was seconded by Councillor Kelly. There being no other nominations, Councillor Beattie took the Chair.
The Chairman welcomed everyone to the Meeting and thanked the Members of the Board for his appointment. He stated that the Board’s task is not an easy one and that their duty is not to be popular, but to be fair to licensees. He expressed his appreciation to the Clerk and her staff for their work on behalf of the Board and particularly extended a welcome to Chief Superintendent Campbell of Strathclyde Police “R” Division to his first Board Meeting.
The Chairman then introduced the items of business.
Item 1 The Minute of the Meeting of East Ayrshire Licensing Board held on 11th March, 1997 was approved and noted.
1.1 On matters arising from previous Minutes, Mr. Griffiths, Building Control Manager commented that all premises reported by him to the March Board had been re-inspected and found to be satisfactory.
Mr Stafford, Director of Community Services reported that most premises re-inspected by his Department were now found to be satisfactory. In respect of the Links Bar, Rankinston however he pointed out that the timetable agreed with the licensee in respect of works to be carried out to the premises had not been adhered to. He advised that repainting of the gents sanitary acommodation had been carried out, although efflorescence of salts from the wall plaster and mildew growth were evident. The main public bar area was poor with wall, ceiling and window blinds surfaces still heavily tobacco stained. Repairs to light fittings and replacement bulbs in the intervening spaces leading to both the ladies and gents toilet accommodation has not yet been undertaken.
Councillor Taylor expressed his concern that the agreement to progress works had not been kept and asked the Clerk for advice on what powers the Board have to deal with such matters. The Clerk advised that, in terms of Section 31 and 32 of the Act, the Board could consider citing the licensee to a Hearing to ascertain whether the premises are suitable to hold a licence, and whether the licensee is fit to hold the licence.
Councillor Beattie stated that it was unfortunate that the Board did not have the power to close such a premises immediately and suggested that the Board make representations to COSLA in this respect. He then moved that the Clerk arrange a Hearing in respect of these premises. The Board agreed.
Items 3 & 4 The Clerk reported on the deliberations of the Working Group and the results of the circulation exercise with regard to new Regulations for the Board, Composite Amended Bye-Laws and Guidelines for Extended Hours.
In respect of the draft Regulations no comments had been received and no adjustments were required.
In respect of the draft Composite Amended Bye-Laws it was proposed to alter Appendix II, number 5(c) to read :- The licence holder shall have control of all radio and television sets and video equipment in the public or common part of the licensed premises. The use of televeision sets will be restricted to broadcasts which do not affect public decency and adult or pornographic channels will not be permitted.
Normal lighting must be retained when television sets are in operation.
It was also proposed that the words “Director of Community Services “ be inserted after “Chief Constable” in Appendix II, number 5 (d)(v).
The Chairman moved that:-
1. The Board adopt the Regulations set out in Appendix I of the draft Report in terms of Section 37 of the Licensing (Scotland) Act, 1976.
2. Approve the draft Consolidated Bye-Laws set out in Appendix II, as amended, and instruct the Clerk to consult with the Scottish Office with a view to confirmation, all in terms of Section 202 and 204 of the Local Government (Scotland) Act, 1973, and all the necessary legal formalities.
3. The Board approve the recommentation of the Working Group to adopt the Guidelines on Extended Hours as shown in Appendix V of the draft Report.
Councillor Coffey stated that he could not agreed with Appendix V of the Report with regard to regular extensions before 11am not being allowed and moved against the proposal. This was seconded by Councillor Brailsford.
Councillor Beattie had the results of a survey carried out in relation to licensed premises with morning extensions. Councillor Beattie advised that of the sixteen licensed premises holding morning extensions visited in the Kilmarnock area only one premises opened at 8.30am, one opened at 9.45am and the remainder opened at 10am, 10.30am or 11am. Of the sixteen premises visited only thirty two patrons were found to be using the premises early in the morning, which was two patrons per licensed premises. He explained that he had obtained the figures and three hundred and sixty eight people in the Kilmarnock area work night shift and finish work at 6.45am, 7am or 7.30am. Most licensed premises with morning extensions are in fact not opening before 10am, so they are not catering for the shift workers at all.
Councillor Coffey stated that if the visit had taken place on 24th May, the cup final day, most premises would have been open and would have been busy.
The Chairman explained that such events could easily be covered by an occasional extension.
The proposals were then put to the vote by a show of hands and accepted on the majority of seven votes to two.
Item 5 Members Guide to Licensing - The Clerk advised that she had attempted to produce a booklet containing basic information on the procedures of the Licensing Board, in order to provide some assistance to Elected Members. She asked that the Board consider the booklet and advise her of any alterations which they felt necessary. The Clerk proposed that a similar booklet be produced for licensees once the Board’s Bye-Laws have been approved by the Secretary of State. The Board agreed.
Item 6 In relation to Operation Spotlight, Chief Superintendent Campbell, Strathclyde Police “R” Division reported that the targeting of Public Houses, Hotels and Off-Sales revealed a better than anticipated awareness of the laws, with few offences being detected within licensed premises. 473 licensed premises were visited. Outside licensed premises however, alcohol misuse continues to be a prevalent issue within East Ayrshire with 242 persons warned re drinking in public and 108 underage drinkers detected. In one case a fourteen year old youth was found under the influence of alcohol and in possession of a axe.
The concern of drinking in public has been clearly illustrated with widespread support for the recent introduction of legislation to prohibit such acts. It is the intention to delay the enforcement of the legislation. However, the behaviour of some individuals has necessitated positive action.
Since 26th May, 1997 eighteen persons have been reported to the Procurator Fiscal in terms of the Bye-Laws. Of note was that one individual was the subject of two reports in the same night.
Strathclyde Police are resolved to tackle areas of public concern and through the Community Safety Strategy and multi-agency support, the Force will tackle the challenges to ensure that East Ayrshire becomes a safer environment to be enjoyed by all.
Superintendent Dempsey of Strathclyde Police “U” Division reported that the Initiative was aimed at tackling many problems, three of which are directly concerned with alcohol : licensed premises, underage drinking and drinking in public places.
Since the inception of the Spotlight Initiative on 1st October, 1996 resources have relentlessly and vigorously been directed at improving the quality of life, enhancing safety and reducing fear of crime for members of the community. The following results summarise the efforts of “U” Division personel in alcohol related matters :-
Persons warned re drinking in public 265 Underage drinkers detected 51 Underage drinkers found drunk and incapable 5 (all removed to Crosshouse Hospital for treatment) Licensees/staff charges with selling to underage persons 15 Persons acting as agents for underage drinkers 2 Other licensing offices (e.g. refusing to quit) 3 Visits to licensed premises 2400
The outlets selling alcohol to youngsters varied from Off-Sales, Supermarkets and Discotheques.
One youth aged fourteen years was detected leaving an Off-Sales having just purchased 16 bottles of beer. Another fourteen year old was detected having purchased 5 cans of lager, 2 bottles of lager and 5 bottles of alcopops.
Two premises in Kilmarnock, the Victoria Nightclub and the Clubhouse Disco, highlighted the seriousness of underage drinking and the irresponsibility of the licensees by allowing juveniles as young as twelve - fifteen years to frequent the premises and to consume alcohol within. Swift action by the Board resulted in both premises having their licences suspended and thereby forced to close.
For the summary provided it is obvious that there has to be a bigger and improved commitment to good practice in relation to the sale of alcohol to under age drinkers. The Police, the Board and other agencies in the Criminal Justice System, including the Procurator Fiscal service need to work closely to develop medium and long term strategies in this area. The Education Department of the Council also has a vital role to play. Tackling underage drinking is crucial because early abuse of alcohol can lead to youngsters becoming involved in a minefield of social problems and criminal activity.
The introduction of the bye-law prohibiting drinking in public places in East Ayrshire is welcomed by Strathclyde Police and the community who genuinely feel intimidated and in fear of persons drinking openly on street corners in town centres, parks and public gardens.
Appreciation was extended by Strathclyde Police to the Board and its officials for the support given during the Spotlight Initiative.
Councillor Boyd expressed concern with regard to under age drinkers and felt that the Board should make the strongest possible recommendations to COSLA to have more powers to deal with licensees who sell alcohol to under age persons.
The Chairman agreed and stated that a proof of age scheme would be welcomed and that this was a matter for discussion at the Licensing Working Group with a view to reducing the sale of alcohol to youngsters. The Board agreed.
Item 7 Hearing : Shortlees Fish & Chicken Bar. The Board agreed to hold this Hearing at the end of business.
Item 8 Application for Temporary Transfer of licence by Dogan Arslan in respect of premises at Marmaris, 19/21 Nelson Street, Kilmarnock. This application was withdrawn.
Item 9 Consider applications received under the Licensing (Scotland) Act, 1976, as amended, and the Betting and Gaming Acts - See Appendix I attached.
Item 10 There being no further competent business, the meeting ended at 12.55pm.
APPENDIX I
EAST AYRSHIRE LICENSING BOARD
LICENSING (SCOTLAND) ACT, 1976, AS AMENDED
RENEWAL OF LICENCE
Public House
David Cowan The Craigmark 3 Meadowpark Drive Burnton Ayr Dalmellington
Granted ------
Thomas Stewart The Horseshoe Inn 81 West Main Street 79/81 West Main St Darvel Darvel
Granted ------
David E Brown Kings Arms 1 Burnbank Place 89 Main Road Stewarton Fenwick
Granted ------
David W Little The Hunting Lodge 23 Holehouse Road 14/16 Glencairn Sq Kilmarnock Kilmarnock
Granted ------
Eagle Taverns Ltd Tom Lawrie Jock Tamsons 7 Incle Street 1 Dalmellington Rd 16 Titchfield Street Paisley Ayr Kilmarnock
Granted ------
Robert Murray Turf Hotel 30 Main Street 30 Main Street Kilmaurs Kilmaurs
Granted ------
Paul Norman Ballochmyle Inn 35 Kilmarnock Road 5 High Street Mauchline Mauchline
Granted ------
Sheena Graham Wheatsheaf Inn Armadale 35 Main Street 64 High Main Street Patna Dalmellington
Granted ------
William McLauchlin The Dale 6/8 Rigg Street 6/8 Rigg Street Stewarton Stewarton
Granted ------
Hotel
Derek Rose Laurieland Hotel 82 Irvine Road 82 Irvine Road Crosshouse Crosshouse Kilmarnock Kilmarnock
Granted ------
James Whiteside The Crown Hotel 11 The Castle 11 The Castle New Cumnock New Cumnock
Mr Stafford, Director of Community Services commented in respect of these premises that at present the kitchen area is closed and only two bedrooms area available for let. The public bar and the function suite are also closed leaving the lounge bar trading. The ladies sanitary accommodation and public bars have extensive ceiling damage due to water penetration and there is evidence of vandalism throughout. The lounge bar servery is in poor repair and in need of being thoroughly cleaned out and cleared of many extraneous items. The floor lino in the severy is extensively holed and worn.
Mr Stafford informed that a further inspection had been carried out the day before the Board Meeting and regrettably advised the Board that the standard of the premises was not acceptable.
Councillor Beattie proposed that the licensee be cited to a Hearing in respect of the condition of the premises. The board agreed and the Clerk undertook to arrange a Hearing. ------
Restaurant
Gunsport Ltd G L Lapsley Dalvennan Country Dalvennan Country Sports 9 Hunter Cr Sports Ground Ground Troon Kirkmichael Kirkmichael Maybole
Granted ------
Entertainment
Artful Dodger Properties Ltd MSB Wren The Underground 5/9 St Marnock Place 2 Baird Place 5/9 St Marnock Pl Kilmarnock Kilmarnock (Basement) Kilmarnock
The Clerk advised that the existing licence had not been returned in this case to allow the renewal to be marked thereon. The Board allowed twenty four hours for the licence to be submitted, or a copy obtained. ------
Off-Sale
Vaseem Mirza Catrine Mini-Market 8 Holmhead Road 69/71 Sorn Street Cumnock Catrine
Granted ------
Alexander McIntosh Barshare Convenience 85 Barshare Road Store Cumnock 151/153 Barshare Rd Cumnock Granted.
[The Clerk advised the Board that Police observations had been received in respect of this application and that a formal complaint was expected. The Chairman proposed that, should a complaint be received, the licensee be cited to a Hearing. The Board agreed]. ------
Off-Sale
Safeway Stores Plc Dermott Fullerton Presto t/a Presto 12 Burgh Road Glaisnock Shopping 6 Millington Road Prestwick Centre Hayes Cumnock Middlesex
Granted ------
James Harvey Andely Wines 7 Jamieson Road 39 West Main Street Davel Darvel
Granted ------
Muhammed Iqbal 6B Cessnock Drive 37 Woodlands Grove Hurlford Kilmarnock
Granted ------
William Auld CountryHouse Catering 7 Cessnock Road 3A Mauchline Road Galston Hurlford
Granted ------
Nadeem A Dar 39 Amlaird Road 24 Merrylee Road Kilmarnock Glasgow
Granted ------
East Ayrshire Council William Anderson Dean Castle Shop London Road Dick Institute Dean Castle Country Kilmarnock Elmbank Avenue Park Kilmarnock Dean Road Kilmarnock Granted ------
Bhs Plc Linda Morris Bhs 129/137 Marylebone Rd 4 Rawson Cres 28 King Street London Mauchline Kilmarnock
Granted ------
Abdul Dar 25 Munro Avenue 24 Merrylee Road Kilmarnock Glasgow
Granted ------
Mesdames Bell & Meikle David Bell The Bungalow Stores 43 Inchgotrick Road 43 Inchgotrick Rd 2 Stoneyhill Ave Kilmarnock Kilmarnock Kilmarnock
Granted ------
James McGill 93 Whatriggs Road 104 Dundonald Road Kilmarnock Kilmarnock
Granted ------
Off-Sales
Grace McCormick G & R Off-Sales 8 Barony Road 18 Earl Grey Street Auchinleck Mauchline
Granted ------
Campbell Feggans C & J Feggans 1 Blaney Avenue 56-62 Main Street Patna Patna
Granted ------
Vincent Walker 38 Old Street 10 Burns Avenue Riccarton Kilmarnock Kilmarnock
Granted ------
CONFIRMATION OF TRANSFER
Public House
Eagle Taverns Ltd Judith McMillan Jock Tamson’s Anchor House 5 Highfield Place 16/18 Titchfield St 7 Incle Street Girdle Toll Kilmarnock Paisley Irvine
Granted ------
Bir-Bal Properties Ltd James MacDonald Hillside Inn 70 Salisbury Road 39 Greenhill Ave Glenafton Park Moseley New Cumnock Afton Road Birmingham New Cumnock
Granted ------
Entertainment
Big Beat Group Ltd Eleanor Harris Expo 10 Clairmont Gardens 21 Dickson Drive 1 West George St Glasgow Irvine Kilmarnock
Granted ------
Off-Sale
Co-operative Wholesale Society Raymond McKellar 27 Church Street 95 Morrison Street 35 Tylney Road Auchinleck Glasgow Oldhall Paisley
Granted ------
Allied Domecq Retailing Ltd Marion Park Unit 18 t/a Haddows 6 Eglinton Drive Glaisnock Shopping Dukes Court Logan Centre Duke Street Cumnock Cumnock Woking Surrey
Granted ------
East Ayrshire Council Charles Woodward Dean Castle Shop London Road Dick Institute Dean Castle Kilmarnock Elmbank Avenue Country Park Kilmarnock Dean Road Kilmarnock Granted ------
Allied Domecq Retailing Patricia McGarvey 159 Titchfield Street t/a Haddows 26 Mansfield Way Kilmarnock Dukes Court Girdle Toll Duke Street Irvine Woking Surrey
Granted ------
Somerfield Stores Ltd John Mooney Food Giant Somerfield House 89 Mallard Cres 168/187 Titcfield St Hawkfield Business Park East Kilbride Kilmarnock Whitchurch Lane Bristol
Granted ------
PERMANENT TRANSFER OF LICENCE
Public House
John Blackwood Snug Bar 12 Downieston Place 16 High Street Patna Dalmellington
Withdrawn ------
Mr K G Alexander The Welcome Bar 2 Littlemill Road 2 Littlemill Road Drongan Drongan
Granted ------
Public House
Mary Polding Mack’s Bar 24 Beechwood Crescent 51 Grange Street Lesmahagow Kilmarnock
Granted ------
Munawar Hussain Balti House 11 Queensferry Road 108-112 John Finnie St Rosyth Kilmarnock Glasgow
Granted ------
Somewhere Else Ltd Nancy Dalrymple 4 Nelson Street Caledonian House 40 Whitehope Grn Kilmarnock 210 Battlefield Road Bourtreehill Glasgow Irvine
Mr Brown, Solicitor, appeared on behalf of the applicant and asked that this application be continued to the next Board Meeting, due to conveyancing difficulties. The Board agree to continue the application. ------
David Turner The Standard Bar Cafe Cottage Number 2 17 Strand Street Annick Lodge Mains Kilmarnock Irvine
Granted ------
Peter Toner Anderson’s Inn 13 Regent Street Wellington Street Paisley Kilmarnock
Granted ------
Hotel
Chartdene Ltd Stuart Nelson Howard Park Hotel Allander House 38 Cathkin Road 136 Glasgow Road 11 Henrietta Street Langside Kilmarnock Galston Glasgow
Granted ------
Entertainment
Somewhere Else Ltd Nancy Dalrymple 12 Grange Place Caledonian House 40 Whitehope Grn Kilmarnock 210 Battlefield Road Bourtreehill Glasgow Irvine
Mr Brown, Solicitor, appeared on behalf of the applicant and asked that this application be continued to the next Board Meeting, due to conveyancing difficulties. The Board agree to continue the application. ------
Martin A Langan Top Break 147 Club 63 Merrygreen Place 3 New Street Stewarton Stewarton
Granted ------
Off-Sale
Ali Shear McClymont Stores 27B Tweed Crescent 8 McClymont Court Wishaw Cumnock
Granted ------
Mohammad Akmal 92 Titchfield Street 4 Spey Drive Galston Dean Park Renfrew
Granted ------
David Bell The Bungalow Stores 43 Hill Park Drive 2 Stoneyhill Avenue Kilmarnock Kilmarnock
Granted ------
Connell Luke Devenny 65 High Street 5 Arran View Stewarton Stewarton
Granted ------
CHILDREN’S CERTIFICATES
Public House
David Eric Brown Kings Arms 1 Burnbank Place 89 Main Road Stewarton Fenwick
Granted ------
David W Little The Hunting Lodge 23 Holehouse Road 14-16 Glencairn Square Kilmarnock Kilmarnock
Granted ------
Eagle Taverns Ltd Jock Tamsons 7 Incle Street 16 Titchfield Street Paisley Kilmarnock
Granted ------
GAMING MACHINE PERMITS
Public House
David Finlayson The Gateside Inn Gateside Inn Coalhall Coalhall
One Machine
Granted ------
Marion Bunten Thistle Inn 22 Glaisnock Road 22 Glaisnock Road Cumnock Cumnock
One Machine
Granted ------
I Bellingham White Horse Inn 22 Barbieston Road 22 Barbieston Road Dalrymple Dalrymple
Two Machines
Granted ------
Elizabeth Hyslop The Black Bull Inn 26 West Main Street 24 West Main Street Davel Darvel
One Machine
Granted ------
Thomas Stewart The Horseshoe Inn 81 West Main Street 79/81 West Main Street Darvel Darvel
One Machine
Granted ------
Annie McCutcheon The Wee Train 24 Wallace Street 22 Wallace Street Galston Galston
One Machine
Granted ------
Public House
J A Miller The Howard Arms 5/7 Glencairn Square 5/7 Glencairn Square Kilmarnock Kilmarnock
One Machine
Granted ------
Mary Polding Mack’s Bar 24 Beechwood Crescent 51 Grange Street Lesmahagow Kilmarnock
Two Machines
Granted ------
James Kelly Kelly’s 8 Langlands Street 8 Langlands Street Kilmarnock Kilmarnock
One Machine
Granted ------
Robert McIlvanney Woodgrove Lounge Bar 18 Forest Grove Unit 6 Wardneuk Kilmarnock Shopping Centre Kilmarnock One Machine
Granted ------
Peter Toner Anderson’s Inn 13 Regent Street 8 Wellington Street Paisley Kilmarnock
One Machine
Granted ------
Hugh Clarke Bridgend Inn Barony View 34 Afton Bridgend Station Road New Cumnock Ochiltree
One Machine
Granted ------
Hotel
Norah Boyd River Doon Hotel 66 Main Street 66 Main Street Patna Patna
Two Machines
Granted ------
James Russell The Mill House Hotel 6-8 Dean Street 6-8 Dean Street Stewarton Stewarton
One Machine
Granted ------
ENTERTAINMENT BYE-LAW CONSENT
Public House
Mary Burns Cross Keys Inn 99/101 Main Street 99/101 Main Street Auchinleck Auchinleck
Juke Box - to terminate 11.30pm on Monday, Tuesday, Wednesday and Sunday and 12.30pm on Thursday, Friday and Saturday Two piece bands - Friday & Saturday only, to terminate at midnight Musical Entertainment, Sing Songs - Sunday afternoons only
Mr Stafford, Director of Community Services advised that these premises had been monitored during the past months and that no noise nuisance had occurred during that period. The Board agreed to grant the licence. ------
Alann J Dunn Doon Tavern 1 High Street 1 High Street Dalmellington Dalmellington
Lounge Bar - Karaoke, Live Music (Bands), Disco, Pool Table, Juke Box, Background Music, Comedians, Video Machine
Granted ------
Mary Polding Mack’s Bar 24 Beechwood Crescent 51 Grange Street Lesmahagow Kilmarnock
Public and Lounge Bar - Coin Operated Juke Box, Two Gaming Machines, Trivia Skill Machine, Pool, TV and Video Recorder, Live Bands, Disc Jockey, Karaoke, Singing by Hired Artistes
Granted ------
David Turner The Standard Bar Cafe Cottage Number 2 17 Strand Street Annick Lodge Mains Kilmarnock Irvine
Whole Premises - Pre-recorded and Live Singing and Music, Karaoke, Machines
Granted ------
Public House
RAD Ltd Black Bull 27 Barony Road 5 Earl Grey Street Auchinleck Mauchline
Bar Area - Dancing, Singing, Musical Instruments, Live or by Record, Juke Box or any other sound reproductive method whatsoever, Karaoke
Mr. Hutton, Solicitor, appeared for the applicant.
Mr Stafford, Director of Community Services, expressed concern due to the proximity of neighbouring domestic properties in that there is a potential for noise complaints to occur. As application was made for live music instruments, Strathclyde Police commented that the Board may wish to be satisfied with regard to the exact nature of the entertainment and numbers participating.
The Chairman moved to grant the licence for six months to allow noise levels to be monitored and for the licensee to liaise with Environmental Health Officers but that “any other sound reproductive method whatsoever” be deleted. The Board agreed. Mr Hutton accepted these conditions on behalf of his client. Granted, as amended, for six months. ------
REGULAR EXTENSION OF PERMITTED HOURS
Public House
Andrew Wright Volunteer Arms 28 Mill Square 1-3 Bridge Street Catrine Catrine
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm -1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
David Finalayson The Gateside Inn Gateside Inn Coalhall Coalhall By Ayr
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Marion Bunten Thistle Inn 22 Glaisnock Road Glaisnock Road Cumnock Cumnock
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Vivien Kyle The Sun Inn 27 Barony Road 23-25 The Square Auchinleck Cumnock
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------David Cowan The Craigmark 3 Meadowpark Drive Burnton Ayr Dalmellington
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Alan J Dunn Doon Tavern 1 High Street 1 High Street Dalmellington Dalmellington
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Joseph Graham Dalmellington Inn 6 High Street 6 High Street Dalmellington Dalmellington
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Cloud Nine Public House Ltd Cloud Nine 7 York Street Merrick Drive Ayr Dalmellington
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Elizabeth Hyslop The Black Bull Inn 26 West Main Street 24 West Main Street Darvel Darvel
Monday - Saturday 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Thomas Stewart The Horseshoe Inn 81 West Main Street 79/81 West Main Street Darvel Darvel
Monday - Saturday 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight Sunday 2.30pm - 6.30pm (Beer Garden)
Granted ------
Loudoun Castle Park Ltd Coach House 31 Melville Street Loudoun Castle Park Edinburgh Galston
Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
Margaret Bamborough Loudoun Arms 5/7 Polwarth Street 5/7 Polwarth Street Galston Galston
Monday - Sunday 11.00pm - Midnight Friday & Saturday Midnight - 2.00am Sunday 2.30pm - 6.30pm
The Clerk advise that a letter of objection had been received in respect of this application. The objector did not appear, nor was he represented.
Mr. R. Hamilton, Solicitor, appeared on behalf of the applicant and asked that the application be amended to show Friday and Saturday Midnight until 1am applied for.
Mr Hamilton confirmed that the objection had been properly served and the letter was circulated. After considering the application the Board agreed to grant the licence, as amended. ------
Patricia J Wallace Standalane Tavern 96 Titchfield Street 94 Titchfield Street Galston Galston
Monday - Saturday 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Helen Menzies The Poachers Rest 17 Riccarton Road 17 Riccarton Road Hurlford Hurlford
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Bass Taverns Ltd Charleston t/a Tennents Taverns 1 Dunbar Drive 289 Bath Street Kilmarnock Glasgow
Monday - Sunday 11.00pm - Midnight Friday & Saturday 11.00pm - 2.00am (function suite) Sunday 2.30pm - 6.30pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board.
Mr. Morton, Solicitor, appeared on behalf of the applicant and moved that the application be granted until the March, 1998 Board to keep the extensions in line with those granted at the March, 1997 Board, failing which the application be continued to an adjourned meeting.
The Board adjourned to consider the application.
The Board returned after five minutes and the Chairman moved that the licence be granted on Friday and Saturday until 1am only, in terms of the guidelines. The Board agreed.
Mr Morton requested a Statement of Reasons, which the Clerk undertook to deliver. ------
David W Little The Hunting Lodge 23 Holehouse Road 14-16 Glencairn Square Kilmarnock Kilmarnock
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Alan Brown Browns 5/7 Links Road 4b John Finnie Street Prestwick Kilmarnock
Sunday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
Munawar Hussain Balti House 111 Queensferry Road 108-114 John Finnie Street Rosyth Kilmarnock Fife
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 4.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Raven Leisure Nelsons 4 Nelson Street 4 Nelson Street Kilmarnock Kilmarnock
Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Antonio Campagna Riccarton Inn 184 Whatriggs Road 52 Old Street Kilmarnock Kilmarnock
Monday - Saturday 9.00am - 11.00am and 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
The Clerk advised the Board that the licensee was applying for a morning extension which was not previously held by him.
The Board agreed to grant the extended hours only as existing. ------
Nightherb Ltd Nightherb 5/9 St Marnock Place 5/9 St Marnock Place (Ground Floor) Kilmarnock Kilmarnock
Monday - Saturday 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Eagle Taverns Ltd Jock Tamsons 7 Incle Street 16 Titchfield Street Paisley Kilmarnock
Monday - Saturday 8.00am - 11.00am Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Mr. Morton, Solicitor, appeared on behalf of the applicant and moved that the application granted until the March, 1998 Board to keep the extensions in line with those granted at the March, 1997 Board, failing which the application be continued to an adjourned meeting.
After considering the application, the Chairman moved that the 8am extension be refused and the extended hours granted in terms of the guidelines. The Board agreed.
Mr Morton requested a Statement of Reasons, which the Clerk undertook to deliver.
------
G Tannock No 10 Bar 10 West Langlands Street 10 West Langlands Street Kilmarnock Kilmarnock
Friday 9.00am - 11.00am Saturday 9.00am - 11.00am Sunday 2.30pm - 6.30pm Monday - Sunday 11.00pm - Midnight
Mr Tannock spoke in support of his application and submitted that a 9am extension was sought to allow Farmers to have a drink during the cattle market, which was close to his premises and which commenced at 9am ever Friday and on the occasional Saturday.
Councillor Coffey felt that these were exceptional circumstances and moved that the extension be granted. This was seconded by Councillor Brailsford
The Chairman moved that the morning extension be refused and the extended hours granted in terms of the guidelines. This was seconded by Councillor Kelly.
The application was put to the vote by a show of hands and the morning extension refused by a majority of seven votes to two.
Mr Tannock requested a Statement of Reasons which the Clerk undertook to forward to him.
------
Isabella T Anderson Weston Tavern 8 Cutsburn Place 27 Main Street Stewarton Kilmaurs
Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Anne Gallacher Glenmuir Arms 51 Arran Drive Logan Avenue Auchinleck Logan
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
RAD Ltd The Black Bull 27 Barony Road 5 Earl Grey Street Auchinleck Mauchline
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
James S Campbell The Empire Bar 3/7 Glasgow Road 3/7 Glasgow Road Muirkirk Muirkirk
Sunday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
Hugh Clarke Bridgend Inn 34 Afton Bridgend 34 Afton Bridgend New Cumnock New Cumnock
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Bir-Bal Properties Ltd Hillside Inn 70 Salisbury Road Glenafton Park Moseley Afton Road Birmingham New Cumnock
Thursday - Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
William H Proctor Carskeoch House Carskeoch House Caravan Park Carskeoch House Caravan Park Patna Patna
Monday, Tuesday, Thursday & Sunday 11.00pm - Midnight Wednesday, Friday & Saturday 11.00pm - 1.00am
Granted ------
James Reid Smugglers Inn 79 High Street 79 High Street Stewarton Stewarton
Sunday - Saturday 11.00pm - Midnight Friday & Saturday Midnight - 2.00am Sunday 2.30pm - 6.30pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board.
Chairman moved that the licence be granted on Friday and Saturday until 1am only, in terms of the guidelines. The Board agreed.
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William J McLauchlin The Dale 6/8 Rigg Street 6/8 Rigg Street Stewarton Stewarton
Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Hotels
Robert Stevenson The Royal Hotel Changue Farm 1 Glaisnock Street By Cumnock Cumnock
Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Andrew N Morris Eglinton Hotel 50 Main Street 50 Main Street Dalmellington Dalmellington
Monday - Wednesday 11.00pm - Midnight Thursday - Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Whitbread Plc Site at Moorfield Roundabout The Quayhouse Adjacent to A71 11 The Quays Kilmarnock Salford Quays Salford
Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
John M S Dodd The Crown Hotel 154 Main Street 154 Main Street Newmilns Newmilns
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 11.30am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Norah Boyd The River Doon Hotel 66 Main Street 66 Main Street Patna Patna
Monday - Wednesday 10.00am-11.00am and 11.00pm - Midnight Thursday - Saturday 10.00am-11.00am and 11.00pm-1.00am Sunday 10.00am-12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
Mr Boyd appeared on behalf of the applicant and advised that a 10am extension was being sought due to public demand and also to cater for shift workers and heavy drinkers.
After considering the application, the Chairman moved that the morning extension be refused and the extended hours granted in terms of the guidelines. The Board agreed. ------
Restaurant
Pizza Hut (UK) Ltd Pizza Hut 1 Imperial Place Glencairn Retail Park Elstree Way Kilmarnock Borehamwood Herts
Monday - Sunday 11.00pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Clubs
Andrew Mitchell Auchinleck Bowling Club 25 Milne Avenue 7 Market Place Auchinleck Auchinleck
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight Granted ------
James Cross Catrine Bowling Club 10 Fourfields 44 St Cuthbert Street Catrine Catrine
Friday & Saturday 9.00am - 11.00am and 11.00pm - Midnight Sunday 9.00am - 12.30pm and 2.30pm - 6.30pm
A representative appeared on behalf of Catrine Bowling Club and advised that a 9am extension was being sought for sponsored competitions. The Club is also currently celebrating its 125 anniversary.
Councillor Coffey felt that these were exceptional circumstances and moved that the extension be granted. This was seconded by Councillor Brailsford
Councillor Boyd pointed out that occasional extensions are available for special events.
The Chairman moved that the morning extension be refused and the extended hours granted in terms of the guidelines. This was seconded by Councillor Boyd.
The application was put to the vote by a show of hands and the morning extension refused by a majority of six votes to two. Councillor Smith abstained from considering the application. ------
R D Hunter Cumnock Rugby Football Club 28 Kings Drive Broomfield House Cumnock Auchinleck Road Cumnock
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
James Anderson Netherthird & Craigens WMC 45 Blackfaulds Road Ryderston Drive Cumnock Netherthird
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight Granted ------
Mrs May Wood Glaisnock Valley Bowling & Social Club 12 Craigens Road Ryderston Drive Netherthird Netherthird Cumnock Cumnock
Monday - Friday 11.00pm - Midnight Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight Granted ------
Mark Colman Kilmarnock Cricket & Sporting Club 10 Annanhill Mews Kirkstyle Irvine Road Little Bellsland Lane Kilmarnock Kilmarnock
Friday & Saturday 11.00pm - 1.00am Sunday 2.30pm - 6.30pm
Granted ------
Alexander Gormanley 433 Social Club 68 Dalharco Avenue 54 Main Street Patna Dalmellington
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Thomas Richmond Loudoun Gowf Club 27 Belvedere View Galston Galston
Monday - Thursday 11.00pm - Midnight Friday & Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
Joseph Scoular Glenfield Bowling Club 24 Cromdale Road Queens Drive Kilmarnock Kilmarnock
Monday - Thursday 11.00pm - Midnight Friday 11.00pm - 1.00am Saturday 9.00am - 11.00am and 11.00pm - Midnight Sunday 9.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
The Clerk pointed out that this application was outwith the guidelines approved by the Board.
Chairman moved that the morning extension be refused and the extended hours granted in terms of the guidelines. The Board agreed.
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William Holland Mauchline Bowling Club 92 Jean Armour Drive Rankine Drive Mauchline Mauchline
Friday & Saturday 11.00pm - 1.00am Sunday 11.00am - 12.30pm, 2.30pm - 6.30pm and 11.00pm - Midnight
The Clerk advised the Board that, due to difficulties with the renewal application, Mauchline Bowling Club had not yet renewed their Club Licence with the Sheriff. As the application was incompetent it was not considered by the Board. ------
James Fitzsimmons Royal British Legion (Scotland) 22 Douglas Brown Avenue Ochiltree Branch Club Ochiltree 90 Main Street Ochiltree
Monday - Saturday 11.00pm - Midnight Sunday 2.30pm - 6.30pm and 11.00pm - Midnight
Granted ------
RENEWAL OF BETTING OFFICE LICENCE
Camec (Scotland) Ltd 14 West George Street 50 Station Road Kilmarnock London
The Clerk reminded the Board that this application had been continued from the March Board as the property had been demolished in 1995 due to a fire and the company were deciding whether to sell the land or reinstate the property.
Mr. Campbell appeared on behalf of the applicant and advised that difficulties had been encounterered with the bank in this case and that alternative premises were being sought. He asked however that the licence be granted until such times are suitable premises were found.
The Chairman moved that uncertainty regarding the premises was not acceptable and the licence be refused. The Board agreed. ------
GRANT OF BETTING OFFICE LICENCE
Lawrence P Devlin 15 Mauchline Road 6 Princes Gate Hurlford Bothwell Glasgow
The Clerk advised the Board that this application had not been advertised in the local newspaper timeously. The Board agreed to continue the application to the next Board Meting. ------
PROVISIONAL GRANT OF LICENCE
Public House
Elizabeth Brown Goldberry Arms 1 Burnbank Place 26/28 Bank Street Stewarton Kilmarnock
The Clerk advised the Board that Mrs Brown presently holds an existing Public House Licence for these premises, however this application had been made as she wished to alter the premises substantially. The proposals went beyond what could be dealt with in terms of a Second 35 Consent.
Mr Brown appeared on behalf of the applicant and undertook to surrender the exisiting licence upon finalisation of the provisional grant, should the Board grant the licence.
The Board agreed to grant the licence. ------
Bass Taverns Ltd 50 Bank Street t/a Tennents Taverns Kilmarnock 289 Bath Street Glasgow
As a considerable number of objections had been received in respect of this application, the Board agreed to consider this application at the end of business. ------
Cheryl Kennedy The Moose Hoose 93 Gatehead Road 5 Kilmaurs Road Crosshouse Crosshouse Kilmarnock Kilmarnock
The Clerk advised the Board that Ms Kennedy presently holds an existing Public House Licence for these premises, however this application had been made as she wished to alter the premises substantially. The proposals went beyond what could be dealt with in terms of a Second 35 Consent. If the Board were minded to grant the licence, the current licence would be surrendered upon finalisation of the provisional.
The Chairman moved to grant the licence. The Board agreed.
For the sake of clarification, the Chairman pointed out to Ms. Kennedy that because this licence had been granted, this would not mean that the Betting Office shown in the plan would automatically be granted by the Board, as this required to be the subject of a separate application, and meet the Betting and Gaming Act requirements. ------
J D Wetherspoon Plc Unit 5 Wetherspoon House Portland Gate Central Park Kilmarnock Reeds Crescent Watford WD1 1QH
Mr Morton, Solicitor, appeared on behalf of the applicant.
The Clerk advised that Board that no Section 23 Certificate from Planning had been received in respect of this application. The application could not be considered at this Board Meeting.
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Hotel
John Campbell Dumfries Arms Hotel Afton View Glaisnock Street Rigg Road Cumnock Cumnock
Mr Hutton, Solicitor, appeared on behalf of the applicant and explained that this application had been made as his client wished to refurbish the premises, which renovations went beyond Section 35 of the Act, and required a new licence.
The application being in order, the Chairman moved to grant the licence. The Board agreed.
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Off-Sale
Brodies W S Asda Superstore 15 Atholl Crescent Queens Drive Edinburgh Kilmarnock
Mr Gardiner, Solicitor, appeared on behalf of the applicant, together with Mr. Sichi, Director of Asda Stores Ltd. Mr Gardiner submitted that Mr. Sichi is a suitable person to hold a licence and that it was hoped the premises would open on 18th August, 1997.
There being no objections to this application and the application being in order, the Chairman moved that the licence be granted. The Board agreed. ------
GRANT OF LICENCE
Off-Sale
Joan Cowan Jan & Alyson’s Corner Shop 19 Fairways 2 Grougar Road Kilwinning Road Crookedholm Irvine Kilmarnock
Mr Halliday, Solicitor, appeared on behalf of the applicant and advised that these premises have been open for approximately ten years. It was felt that there is sufficient demand in the area for an off-sales and as no objections had been received, Mr Halliday moved that the licence be granted.
The Chairman moved that the licence be granted. The Board agreed. ------
HEARING : AUDREY GIBSON SHORTLEES FISH & CHICKEN BAR, 5/7 SHORTLEES CRESCENT, KILMARNOCK
Councilor Coffey declared an interest due to his involvement in the District Court proceedings and withdrew from the meeting. The Hearing then proceeded in accordance with the agreed procedure for hearings which had been circulated to the parties. The letter of complaint by the Chief Constable was then circulated to the Board.
On behalf of the Chief Constable, Superintendent Dempsey reported that on Saturday 9th November, 1996 at about 2030 hours, a fourteen year old schoolboy purchased five bottles of Budweiser, five bottles of Iron Stingers (alcoholic Iron Brew at 5% volume) and two bottles of Tennents lager from a fifteen year old schoolgirl who was working within the premises at 5/7 Shortlees Crescent, Kilmarnock at that time. At no time was he asked for proof of age.
The licensee who had been out at another shop arrived back while the fourteen year old boy was in her shop. He then left the shop and shared the alcohol with another fourteen year old boy who had been waiting outside. They then made their way to the Howard Park, Kilmarnock.
At about 2100 hours that night two fourteen year old boys were discovered within the Howard Park with the alcohol by police officers engaged in an Operation Spotlight Initiative on under age drinking.
The boys were interviewed in the presence of their respective fathers within Kilmarnock Police Office and statements to the effect that the alcohol had been purchased by one of them from Gibsons Fish and Chicken Bar were obtained. What was left of the alcohol was retained as productions. Statements were taken from the fifteen year old girl who had served the fourteen year old boy with the alcohol and also from a fifty four year old woman who had apparently been working in the back shop of the premises at the time in question.
Apparently it was not common practice for the fifteen year old girl to have alcohol sold by her, authorised by a person over the age of eighteen years, as is required by the Act.
The full circumstances were reported to the Procurator Fiscal at Kilmarnock which led to the licensee being convicted at East Ayrshire District Court.
On behalf of the Chief Constable and in terms of the Licensing (Scotland) Act, 1976, Section 31, Superintendent Dempsey submitted that Audrey Helen McEwan or Gibson’s conviction has a material bearing on her fitness to hold a licence and requested that, in the public interest, the Board consider suspension of the licence held by her.
Ms Gibson appeared and submitted that she was not aware of alcohol being served to a fourteen year old boy as she was not in the premises at the time in question. She stated that her staff follow rules for selling alcohol and that identification is always requested. The only identificated accepted is that of the type which show photograghs. She added that notices have now been placed in her premises stating that alcohol will not be sold to anyone under twenty one years.
Ms Gibson felt that the problem was in adults purchasing alcohol for youngsters and stated that if she found out she always took the alcohol from them and informed their parents, the Police and even the local Councillor.
Superintendent Dempsey enquired as to whether Ms Gibson insisted on under age staff seeking authority before selling alcohol to customers, as in the police statement obtained from the fifteen year old girl employed by her, the girl had advised that she had not brought it to anyone’s attention when selling alcohol to the young boy on the night in question. He asked Ms. Gibson whether she accepted her conviction at the Court.
Ms Gibson replied that she had been found guilty in court but maintained that the was not guilty of the offence. She stated that any person employed by her under the age of eighteen was not alllowed to sell alcohol without the approval of an employee over the age of eighteen years.
The Chairman enquired as to the age of Ms. Gibson’s employees. Ms. Gibson advised that her employees are aged sixteen, twenty, twenty five and fifty four years.
There being no further questions, both parties were given the opportunity to sum up.
Superintendent Dempsey explained that in the statement given by the fifteen year old girl employed by Ms Gibson, the girl indicates that on the night in question she did not seek the approval of anyone to sell alcohol to the young boy and pointed out that this was the licensee’s responsibility. In summary Ms Gibson did not accept she had done anything wrong or that there was anything wrong with her procedures. She denied the sale of the carry out had taken place at her premises at all.
Ms. Gibson stated that she has had trouble from youngsters because she refuses to sell them alcohol, but that she has no intention of selling alcohol to youngsters.
The Board adjourned to consider the complaint.
Upon returning, the Chairman moved that the licence be suspended for one year. This was seconded by Councillor Kelly. The Board agreed by show of hands unanimously to the suspension of the licence for a period of one year.
PROVISIONAL GRANT OF LICENCE
Public House
Bass Taverns Ltd 50 Bank Street t/a Tennents Taverns Kilmarnock 289 Bath Street Glasgow
Councillor Coffey returned to the meeting and Councillor Taylor left due to other business commitments.
The Clerk advised that twenty five letters of objection had been received in respect of this application.
Mr. Morton, Solicitor, appeared on behalf of the applicant and Mr. Williams, Solicitor, appeared on behalf of the objectors.
There was a debate between the agents as to whether all of the letters of objection had been received by the applicant and the agent for the objector produced post office proof of posting. Mr Morton accepted that the objection which had been received by his client cited over provision as its grounds, and in this context, it mattered not whether there were 1 or 101 objections. He therefore would not argue with the objections being placed before the Board. These were not circulated at this point, as there was an issue relating to competency for the Board to determine, in light of the fact that the March Board had not made a Section 14 Direction.
On the preliminary question of whether the application was competent, Mr Morton stated that an application for provisional grant of public house licence in respect of 50 Bank Street, Kilmarnock had been presented to the Licensing Board in March of this year, had been refused and is currently under appeal. In his submission, because of the provisions of Section 30 of the Licensing (Scotland) Act, 1976 the Section 14 Direction is presently of no effect. He then read the Section “a new licence shall come into effect on being granted by a Licensing Board, except that where there were objections at the hearing the licence shall not come into effect until, where an appeal has been lodged, the appeal has been abandoned or determined in favour of the applicant for the licence”. Accordingly, since the appeal is current, the Section 14 Direction is also under appeal and has not come into effect. In his submission the the application is competent.
Mr Williams moved that the application was incompetent in that Section 14 of the Licensing (Scotland) Act, 1976 reads “where a Licensing Board has refused an application for a new licence in respect of any premises, the Board shall not, within two years of its refusal, entertain a subsequent application for a new licence in respect of the same premises unless the Board, at the time of refusing the first mentioned application, makes a direction to the contrary”. He invited the Board to reject Mr Morton’s submission which relates to the date of coming into effect of a licence. Section 14 was designed specifically to prevent repeat applicantion in such circumstances.
Mr Morton confirmed that these are the same premises as before, however the previous application is under appeal and so, in his view, the Section 14 Direction is also under appeal.
The Board then adjourned to consider the submissions.
Upon returning after ten minutes, the Chairman stated that a Section 14 Direction had not been granted at the March Board Meeting and that he had not been persuaded by the arguement in terms of Section 30 of the Act and moved the that application was incompetent. The Board agreed not to consider the applicant unanimously, by show of hands. Mr. Morton requested a Statement of Reasons.