West Dunbartonshire Licensing Board

WEST DUNBARTONSHIRE LICENSING BOARD

At a Meeting of the West Dunbartonshire Licensing Board held in the Council Chamber, Council Offices, Garshake Road, Dumbarton on Monday, 7 December 2009 at 10.00 a.m.

Present: Councillors George Black, Jim Brown, Jim Finn, Jonathan McColl and Ronnie McColl.

Attending: Andrew Fraser, Clerk to the Licensing Board; Lorraine MacGillivray, Team Leader, Commercial & Licensing Team, Environmental Health, Peter Clyde and Lawrence Knighton, Licensing Standards Officers, Nuala Borthwick, Committee Officer and Marie McCran, Administrative Assistant, Legal, Administrative and Regulatory Services.

Also Attending: Superintendent Kirk Kinnell and Sergeant Calum Fulton, Strathclyde Police.

Apologies: Apologies were intimated on behalf of Councillors Margaret Bootland and Geoff Calvert.

Councillor Ronnie McColl in the Chair

PREMISES REVIEW FOR FRIENDLY STORES, 477 DUMBARTON ROAD, DALMUIR, CLYDEBANK

In terms of Section 38(3)(b) of the Licensing (Scotland) Act 2005, a request for a Premises Licence Review was received from the Chief Constable of Strathclyde Police in respect of the premises known as Friendly Stores, 477 Dumbarton Road, Clydebank.

Having heard the Clerk to the Licensing Board, the Board agreed:-

(1) to note that as at 1 December 2009, the licence was deemed to be revoked in terms of paragraph 24(2) of the Licensing (Transitional and Savings Provisions) (Scotland) Order 2007 due to the applicant’s failure to submit the required information relating to the premises manager; and

(2) that in view of (1) above, a review hearing could not take place.

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APPLICATION FOR EXTENDED HOURS OUTWITH THE BOARD’S POLICY

With reference to the Board’s Policy on Extended Hours, applications for Extended Hours were submitted in respect of Cameron House and Country Estate, Loch Lomond requesting extended hours to 3.00 a.m. on Friday, 1 January 2010 to cater for a Hogmanay Party and to 3.00 a.m. on Monday, 13 April 2010 to cater for a Wedding Reception.

It was noted that the applicant, Cameron House Loch Lomond Limited was represented by Mr Maciver, Brunton Miller Solicitors.

Having heard Mr Maciver in support of the applications, the Board agreed:-

(a) that given the particular circumstances of the case, to grant the application for Extended Hours on Friday, 1 January 2010 to 3.00 a.m.; and

(b) to refuse the application for Extended Hours on Sunday, 12 April 2010.

NATIONAL POLICY AND LEGISLATIVE UPDATE

A report was submitted by the Clerk to the Licensing Board advising of proposals of the Scottish Government detailed in “Changing Scotland’s Relationship with Alcohol – A Framework for Action’, some of which are being taken forward in the Criminal Justice and Licensing (Scotland) Bill.

Having heard Councillor R. McColl, the Board agreed to note the policy and legislative changes proposed by the Scottish Government and to bear the developments in mind when reviewing its Licensing Policy Statement during 2010.

NATIONAL POLICY AND LEGISLATIVE UPDATE – SUPPLEMENTARY REPORT

A report was submitted by the Clerk to the Licensing Board providing information on the provisions of the Alcohol Etc. (Scotland) Bill introduced into the Scottish Parliament on 25 November 2009.

Having heard Councillor R. McColl, the Board agreed:-

(1) to consider the developments when reviewing its Licensing Policy Statement during 2010, even if it is unlikely that the Bill will be in force at that stage; and

(2) otherwise to note the contents of the report

Page 2 of 27 WEST OF SCOTLAND ALCOHOL SUMMIT – CLOSER WORKING WITH NHS AND OTHER LICENSING BOARDS

A report was submitted by the Clerk to the Licensing Board requesting that the Board consider a request from NHS Greater Glasgow and Clyde as to how to take forward certain areas of common interest identified at the West of Scotland Alcohol Summit held on 5 October 2009.

Having heard the Clerk to the Licensing Board, the Board agreed:-

(1) to confirm that they were happy to be involved in discussion to take forward the four areas suggested at the Alcohol Summit;

(2) that Board Officers speak to Addiction Services Officers and the Alcohol and Drug Partnership:-

(a) to get further information on Areas where the Partnership and the Board can work more closely in relation to local issues; and

(b) to obtain the Partnership’s views on areas which would benefit from a common approach between Licensing Boards.

(3) that following the meeting a further report comes back to the Licensing Board and to West Dunbartonshire Licensing Forum.

LICENSING POLICY STATEMENT AND OVERPROVISION ASSESSMENT – UPDATE

A report was submitted by the Clerk to the Licensing Board:-

(a) providing a note of decisions taken at the meeting of the Board held on 24 September 2009; and

(b) providing an update on the Licensing Forum’s consideration of the proposed Supplementary Policy Statement, changes to the Licensing Policy Statement and the Overprovision Assessment.

Following discussion and having heard the Clerk to the Licensing Board in further explanation of the report, the Board agreed:-

(1) to note the accuracy of the Note of Licensing Board decisions taken on 24 September 2009 and that these be recorded on (CMIS) Committee Management Information System for public viewing;

(2) to note the comments of the Licensing Forum, particularly in relation to the issues of children and extended hours;

Page 3 of 27 (3) to request a further report from Officers providing a draft Supplementary Policy Statement for consideration;

(4) in relation to Overprovision, to note the report from Environmental Health, to await comments from the Chief Constable and to await further comments from the Licensing Forum following receipt of information from the Alcohol and Drug Partnership; and

(5) thereafter, when this information is available in relation to Overprovision, to bring a report back to the Board for its consideration.

LICENSING BOARD AGENDA AND MINUTES

A report was submitted by the Clerk to the Licensing Board seeking approval of the production and circulation of minutes for future meetings of the Licensing Board and the publication of agendas and minutes on CMIS (Committee Management Information System).

Having heard the Clerk to the Licensing Board in further explanation of the report, the Board agreed:-

(1) that all future minutes of Board meetings be prepared and submitted to the subsequent meeting of the Board for approval of their accuracy; and

(2) that all future agendas and minutes are published on the CMIS for public viewing.

DATES OF FUTURE MEETINGS

The Board agreed the undernoted dates, times and venues for futures meetings:-

Wednesday, 3 February 2010 at 10 am – Council Chamber, Clydebank Town Hall, Dumbarton Road, Clydebank.

Wednesday, 21 April 2010 at 10 am – Meeting Room 3, Council Offices, Garshake Road, Dumbarton.

Wednesday, 30 June 2010 at 10 am – Council Chamber, Clydebank Town Hall, Dumbarton Road, Clydebank.

Wednesday, 1 September 2010 at 10 am – Meeting Room 3, Council Offices, Garshake Road, Dumbarton.

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CONTINUED APPLICATIONS FOR PREMISES/PERSONAL LICENCES FROM MEETING ON 7 OCTOBER 2009

Applications for Personal Licences

Ref No: WD/0406

Name and Address of Applicant: Alexander Filshie, Mount Pleasant Farm, Old Kilpatrick G60 5HL.

With reference to the meeting of the Board held on 7 October 2009, an application for a Personal Licence was submitted by the above applicant.

After hearing the Clerk to the Licensing Board, it was noted:-

(a) that the application had been continued from the previous meeting of the Board as the applicant had failed to attend the meeting;

(b) that a letter had been received from the Chief Superintendent of the Police authority providing information on a relevant conviction held by the applicant;

(c) that copies of the letter from the Police authority had been issued to Members of the Board in advance of the meeting; and

(d) that both the applicant and a representative of the Police authority were in attendance at the meeting in order that a hearing could taken place.

The Board heard from Sergeant Fulton in relation to the Police letter. Thereafter the Board heard from Mr Filshie in support of his application and in response to the information provided by the Police.

After consideration the Board agreed that the application be granted.

Ref No: WD/0433

Name and Address of Applicant: Mary Percival, 317a Main Street, Alexandria G83 0AJ

With reference to the meeting of the Board held on 7 October 2009, an application for a Personal Licence was submitted by the above applicant.

After hearing the Councillor R. McColl, Chair of the Licensing Board, it was noted:-

(a) that the application has been continued from the previous meeting of the Board as the applicant had failed to attend the meeting;

Page 5 of 27 (b) that a letter had been received from the Chief Superintendent of the Police authority providing information on a relevant conviction held by the applicant;

(c) that copies of the letter from the Police authority had been issued to Members of the Board in advance of the meeting; and

(d) that both the applicant and a representative of the Police authority were in attendance at the meeting in order that a hearing could taken place.

The Board heard from Sergeant Fulton in relation to the Police letter. The applicant, Mrs Percival was then given the opportunity to address the Board in support of her application. Thereafter the applicant answered questions from Members, providing information on the circumstances relating to the conviction against her as detailed in the letter from the Police.

After consideration the Board agreed that the application be granted.

Application for Variation of Premises Licence

Ref No: WD/0094

Name and Address of Premises: Bargain Store, 20 Alclutha Avenue, Dumbarton G82 2NZ

Applicant/Licence Holder: Mohammed Yasin, 69 Fulton Street, Anniesland, Glasgow G13 1QH

An application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises as undernoted:-

Monday to Saturday 10 a.m. – 10 p.m. Sunday 10 a.m. – 5 p.m.

Following consideration the Board agreed that the application be granted.

Page 6 of 27 Application for Provisional Premises Licence

Ref No: WDLBPREM/0253

Name and Address of Premises: Unit 36, First Floor, Sylvania Way South, Clyde Shopping Centre, Clydebank G81 1EA

Applicant/Licence Holder: Reds Snooker Club Limited, Oakfield House Business Centre, 31 Main Street Village, East Kilbride G74 4JU

An application for Provisional Premises Licence was submitted by the above applicant in respect of the above premises.

Having heard Councillor R. McColl, Chair of the Licensing Board, it was noted:-

(a) that an objection to the application had been received from Idrigal Limited, c/o Lucky Break Snooker Club, 24/30 Glasgow Road, Clydebank G81 1SE;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place; and

(c) that the applicant was represented by Mr Archie Maciver, Brunton Miller Solicitors and the objector was represented by Mr Alex Gilmore, Blair and Bryden Solicitors.

The Board heard from Mr Gilmore in relation to the objection. In his submission, Mr Gilmore referred to a previous decision of the Board to refuse an application for a Provisional Premises Licence in this same area which was based on Overprovision.

Thereafter the Board heard from Mr Maciver who addressed the Board in support of the application and in response to the objection to the application.

Following consideration and having heard the Licensing Sergeant in answer to Members’ questions, the Board agreed to grant the application.

Applications for Personal Licences

Ref No: WD/0494

Name and Address of Applicant: Michelle McArthur, 16 Woodside Crescent, Alexandria G83 9EX

An application for a Personal Licence was submitted by the above applicant.

Page 7 of 27 Having heard Councillor R. McColl, it was noted:-

(a) that a letter dated 15 October 2009 had been received from the Police authority providing information on a relevant conviction held by the applicant;

(b) that copies of the letter from the Police authority had been issued to Members of the Board in advance of the meeting; and

(c) that both the applicant and the Licensing Sergeant were in attendance at the meeting in order that a hearing may take place.

The Board heard from the Applicant who was given the opportunity to address the Board in support of her application and was heard in answer to questions from Members.

After consideration the Board agreed that the application be granted.

Ref No: WD/0498

Name and Address of Applicant: Derek Holms, 4E West Court, Littleholm, Mountblow, Clydebank G81 4PF.

The Board agreed to note that an application for a Personal Licence submitted by the above applicant had been withdrawn.

Ref No: WD/0505

Name and Address of Applicant: Kevin Greer, 22 Mansewood Quadrant, Dumbarton G82 3ET.

An application for a Personal Licence was submitted by the above applicant.

Having heard Councillor R. McColl, it was noted:-

(a) that a letter dated 21 October 2009 had been received from the Police authority providing information on a relevant conviction held by the applicant and recommending, in terms of Section 73(4)(b) of the Licensing (Scotland) Act 2005 and for the purposes of the Crime Prevention Objective, that the application be refused;

(b) that copies of the letter from the Police authority had been issued to Members of the Board in advance of the meeting; and

Page 8 of 27 (c) that both the applicant and the Licensing Sergeant were in attendance at the meeting in order that a hearing may take place.

The Board heard from the Sergeant Fulton in relation to the Police letter which had been submitted. The applicant, Mr Greer was then given the opportunity to address the Board in support of his application. Thereafter both Sergeant Fulton and Mr Greer answered questions from Members, providing information on the circumstances relating to the conviction against Mr Greer as detailed in the letter from the Police.

In response to Members’ questions, the Clerk to the Licensing Board advised that the convictions Mr Greer held were still relevant in terms of the Licensing (Scotland) Act 2005 and that the key test was whether or not refusal was necessary for crime prevention.

After consideration, the Board agreed that the application be refused under Section 74(6) (a) for the purposes of the crime prevention objective.

Ref No: WD/0512

Name and Address of Applicant: Gemma McGeachy, 45 Elmbank Drive, Bonhill, Alexandria G83 9EJ

An application for a Personal Licence was submitted by the above applicant.

After hearing Councillor R. McColl, it was noted:-

(a) that a letter dated 15 October 2009 had been received from the Police authority providing information on a relevant conviction held by the applicant;

(b) that copies of the letter from the Police authority had been issued to Members of the Board in advance of the meeting; and

(c) that both the applicant and the Licensing Sergeant were in attendance at the meeting in order that a hearing may take place.

The applicant heard from Sergeant Fulton in relation to the Police representation which had been submitted. The applicant, Miss McGeachy was then given the opportunity to address the Board in support of her application and to provide information on the circumstances relating to the conviction against her as detailed in the letter from the Police.

After consideration the Board agreed that the application be granted.

Page 9 of 27 APPLICATION FOR PREMISES LICENCE

Ref No: WDLBPREM/0254

Name and Address of Premises: 131 Livingstone Street, Clydebank G81 2RG

Applicant: Naseem Waheed, 269 Nithsdale Road, Glasgow G41 5AW

An application for a Premises Licence was submitted by the above applicant in respect of the above premises.

It was noted that the applicant was represented by Mr MacIver, Brunton Miller Solicitors. Having heard the Licensing Standards Officer and Mr Maciver in answer to Members’ questions, the Board noted that although only one of the two members of staff was currently in possession of a training certificate, the applicant had purchased a training manual and the training of staff would be ongoing.

Thereafter, it was agreed that the application be granted.

APPLICATIONS FOR VARIATION OF PREMISES LICENCE

Ref No: WDLBPREM/0002

Name and Address of Premises: Haldane Mini Market, 19 Brown Street, Alexandria G83 8HJ.

Applicant/Licence Holder: Sohan Lal Gindha, c/o 19 Brown Street, Alexandria G83 8HJ

An application for Variation of a Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved:-

(a) a change to the Operating Plan when alcohol will be sold for consumption off the premises on a Sunday from 10 a.m. until 6 p.m.; and

(b) a change of address of the licence holder.

Following consideration of the application, the Board agreed that the application be granted.

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Ref No: WDLBPREM/0012

Name and Address of Premises: Fleming Gift Centre, 26 Fleming Avenue, Clydebank G81 1AJ

Applicant/Licence Holder: Mr Gulzar Ahmed, 20 Bruce Road, Pollockshields, Glasgow G41 5EF

An application for Variation of a Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on a Sunday from 10 a.m. until 3 p.m.

Following consideration of the application, the Board agreed that the application be granted.

Ref No: WDLBPREM/0014

Name and Address of Premises: Somerfield, 2 Mitchell Way, Alexandria G83 0LW

Applicant/Licence Holder: Mr Gulzar Ahmed, 20 Bruce Road, Pollockshields, Glasgow G41 5EF

An application for Variation of a Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on a Sunday from 10 a.m. until 10 p.m. and that the proposed off sales capacity for the display of alcohol would decrease.

A copy of a letter from the Police authority had been issued to Members of the Board in advance of the meeting.

Following consideration of the application, the Board agreed that the application be granted.

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Ref No: WDLBPREM/0047

Name and Address of Premises: Keystores, 326-328 Dumbarton Road, Old Kilpatrick G60 5JH

Applicant/Licence Holder: Paramjit Kaur Sohal, 35 Lawrence Street, Partick, Glasgow G11 5HD

An application for Variation of a Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on a Sunday from 10 a.m. until 8.30 p.m. and on a Friday and Saturday from 10 a.m. until 9 p.m.

Following consideration of the application, the Board agreed that the application be granted.

Ref No: WDLBPREM/0073

Name and Address of Premises: The Ettrick, 159 Dumbarton Road, Old Kilpatrick G60 5JQ

Applicant/Licence Holder: Pub Enterprises Limited, c/o Brunton Miller, Solicitors, Herbert House, 22 Herbert Street, Glasgow G20 6NB

An application for Variation of a Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation proposed the inclusion of an area to permit outdoor drinking facilities.

Following consideration of the application, the Board agreed that the application be granted.

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Ref No: WDLBPREM/0101

Name and Address of Premises: 17 Brown Street, Balloch G83 8HJ

Applicant/Licence Holder: Haldane Brown Limited, 25 Brown Street, Balloch G83 8HJ

An application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted the proposed variation as undernoted:-

Change to the Operating Plan when alcohol will be sold for consumption off the premises:-

Monday to Saturday – 10 a.m. to 8.30 p.m. Sunday – 10 a.m. to 6.30 p.m.

Seasonal Variation – to allow premises to open until 10 p.m. Christmas Eve and Hogmanay.

Variation to decrease the capacity of the area for display of alcohol from 16.093 square metres to 15.83 square metres.

Following consideration of the application, the Board agreed that the application be granted.

WDLBPREM/0128

Name and Address of Premises: Broomhill Store, 4 Broomhill Drive, Dumbarton

Applicant/Licence Holder: Zaheer Ahmed, 58 Argyll Avenue, Dumbarton G82 3NS

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on Monday to Sunday from 10 a.m. until 8 p.m.

Following consideration of the application, the Board agreed that the application be granted.

Page 13 of 27 WDLBPREM/0147

Name and Address of Premises: The Hungry Monk, Main Street, Gartocharn G83 8RX

Applicant/Licence Holder: Margo Cawley, Drumlanrig, Broomfield Gardens, Shandon G83 8HR

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was represented at the meeting by John Gilmore, McArthur Stanton Solicitors.

Having heard Mr Gilmore the Board noted that the proposed variation involved a change to the Operating Plan whereby children and young people would be permitted access to the premises to 10 p.m. each evening.

Following consideration the Board agreed that the application be granted.

WDLBPREM/0163

Name and Address of Premises: Faifley Licensed Grocers, 294 Faifley Road, Faifley, Clydebank G81 5EY

Applicant/Licence Holder: Dorothy Watson, 3a Lawmuir Crescent, Clydebank G81 5HA

An application for Variation of Premises Licence was submitted by the above applicant. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on Monday to Sunday from 10 a.m. to 10 p.m.

Following consideration the Board agreed that the application be granted.

WDLBPREM/0177

Name and Address of Premises: McLean’s Grocers, 71a Burn Street, Bonhill, Alexandria G83 9AT

Applicant/Licence Holder: Miss Baljeet Ram, 5 Minard Road, Shawlands, Glasgow G41 2HR

Page 14 of 27

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was in attendance at the meeting.

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises (a) on Monday to Sunday from 10 a.m. to 8 p.m.; and (b) on Christmas Eve and Hogmanay from 10 a.m. to 9 p.m.

Following consideration the Board agreed that the application be granted.

Ref: WDLBPREM/0184

Name and Address of Premises: LS Express, 137-139 Hawthorn Street, Clydebank G81 3NH

Applicant/Licence Holder: Mr Mohammed Akhtar and Mrs Nasreen Akhtar, 33 Montrose Street, Clydebank G81 2PA

The Board noted that the proposed variation involved a change to the Operating Plan when alcohol will be sold for consumption off the premises on Sunday from 10 a.m. to 8 p.m.

Following consideration the Board agreed that the application be granted.

WDLBPREM/0192

Name and Address of Premises: Morrisons, Glasgow Road/Leven Street, Dumbarton G82 1QZ

Applicant/Licence Holder: Wm Morrison Supermarkets plc, Hilmore House, Gain Lane, Bradford, West Yorkshire BD3 7DL

An Application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises. It was noted that the applicant was represented at the meeting by Ms Young, Hill Brown Solicitors.

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The Board noted that the proposed variation involved an increase to the area for display of alcohol from 263.33m2 to 281.72m2.

Following discussion and having heard Ms Young in answer to Members’ questions, the Board agreed that the application be granted.

WDLBPREM/0216

Name and Address of Premises: The Old Kilpatrick Bowling Club, Station Road, Old Kilpatrick G60 5LX

Applicant/Licence Holder: The Old Kilpatrick Bowling Club, Station Road, Old Kilpatrick G60 5LX

An Application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises. It was noted that a representative of the applicant was in attendance at the meeting.

Having heard the Clerk to the Licensing Board in explanation of the application, the Board agreed to note that the application was to remove the conditions previously imposed by the Board at its meeting held on 23 June 2009 following amendment of the Board’s Policy as agreed at the meeting of the Board held on 5 August 2009.

Following discussion the Board agreed that the application be granted.

WDLBPREM/0223

Name and Address of Premises: Dumbarton Bowling Club, 12 St. Mary’s Way, Dumbarton G82 1QY

Applicant/Licence Holder: Dumbarton Bowling Club, 12 St. Mary’s Way, Dumbarton G82 1QY

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises

Having heard the Clerk to the Licensing Board, it was noted:-

(a) that the application was to remove the conditions previously imposed by the Board at its meeting held on 23 June 2009 following amendment of the Board’s Policy as agreed at the meeting of the Board held on 5 August 2009.

Page 16 of 27 (b) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(c) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place; and

(d) that the applicant was represented by Mr Gilmore, McArthur Stanton Solicitors.

The Board heard from Mr Filshie in relation to the objection. In his submission, Mr Filshie advised that he objected to Members’ Clubs coming into the same realms as commercial properties without the financial burden of commercial rates.

Thereafter the Board heard from Mr Gilmore who addressed the Board in support of the application and in response to the objection to the application.

Following consideration, the Board agreed to grant the application.

WDLBPREM/0225

Name and Address of Premises: The Brock Bowling Club, 243a Crosslet Road, Dumbarton G82 2LR

Applicant/Licence Holder: The Brock Bowling Club, 243a Crosslet Road, Dumbarton G82 2LR

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises.

Having heard the Clerk to the Licensing Board, it was noted:-

(a) that the application was to remove the conditions previously imposed by the Board at its meeting held on 23 June 2009 following amendment of the Board’s Policy as agreed at its meeting held on 5 August 2009;

(b) that an objection to the application had been received from Mr James Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(c) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place; and

(d) that the applicant was represented by Mr Gilmore, McArthur Stanton Solicitors.

Having given Mr Filshie and Mr Gilmour an opportunity to add to their previous submissions and having heard Councillor R. McColl, Chair of the Licensing Board, the Board agreed to grant the application.

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WDLBPREM/0226

Name and Address of Premises: Dumbarton Golf Club, Broadmeadow, Dumbarton G82 2BQ

Applicant/Licence Holder: Dumbarton Golf Club, Broadmeadow, Dumbarton G82 2BQ

An application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises. It was noted that the applicant was represented by Mr Gilmore, McArthur Stanton Solicitors.

Having given Mr Filshie and Mr Gilmour an opportunity to add to their previous submissions and having heard Councillor R. McColl, the Chair of the Licensing Board, the Board agreed to grant the application.

WDLBPREM/0235

Name and Address of Premises: Renton Bowling Club, McNaught Place, Renton, Alexandria G83 4NE

Applicant/Licence Holder: Renton Bowling Club, McNaught Place, Renton, Alexandria G83 4NE

An application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises. It was noted that the applicant was represented by Mr Robertson, Stirling and Gilmore Solicitors.

Having heard the Clerk to the Licensing Board in explanation of the application, the Board noted the proposed variation as undernoted:-

Vary the Premises Licence in order to continue operating as a Club but on the basis it can admit members of the public to the premises during operational hours with a premises manager appointed.

The removal of the following conditions as imposed by West Dunbartonshire Licensing Board:

1 - Members of the Club shall not invite or be accompanied by more than 4 non members of the club.

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2 - In relation to functions, except if an occasional licence has effect, such functions shall be organised by and guests shall be invited by a member of the club.

3 - Except when an occasional licence has effect, functions shall only be held if the main purpose of such function is to directly undertake an object or purpose of the club as defined in its constitution, or a purpose ancillary or incidental thereto. For the avoidance of doubt, the fact that a function raises/provides income for the club shall not in itself be treated as a purpose ancillary or incidental to the objects or purposes of the club.

Following consideration of the application and having heard the Clerk to the Licensing Board in clarification, the Board agreed that the application be granted subject to the removal of the first paragraph as noted above concerning the admission of members of the public to the premises during operational hours.

WDLBPREM/0236

Name and Address of Premises: The 543 Club, 18 Nairn Place, Dalmuir, Clydebank G81 4EU

Applicant/Licence Holder: The 543 Club, 18 Nairn Place, Dalmuir, Clydebank G81 4EU

The Board noted the proposed variation as undernoted:-

Vary the Premises Licence in order to continue operating as a Club but on the basis it can admit members of the public to the premises during operational hours with a premises manager appointed.

The removal of the following conditions as imposed by West Dunbartonshire Licensing Board:

1 - Members of the Club shall not invite or be accompanied by more than 4 non members of the club.

2 - In relation to functions, except if an occasional licence has effect, such functions shall be organised by and guests shall be invited by a member of the club.

3 - Except when an occasional licence has effect, functions shall only be

Page 19 of 27 held if the main purpose of such function is to directly undertake an object or purpose of the club as defined in its constitution, or a purpose ancillary or incidental thereto. For the avoidance of doubt, the fact that a function raises/provides income for the club shall not in itself be treated as a purpose ancillary or incidental to the objects or purposes of the club.

Following consideration of the application, the Board agreed that the application be granted subject to the removal of the first paragraph as noted above concerning the admission of members of the public to the premises during operational hours.

WDLBPREM/0237

Name and Address of Premises: Dalmuir Bowling Club, Stevenson Street, Clydebank G81 3LJ

Applicant/Licence Holder: Dalmuir Bowling Club, Stevenson Street, Clydebank G81 3LJ

An application for Variation of Premises Licence was submitted by the above Applicant in respect of the above premises.

The Board noted:-

(a) that the application proposed to remove the conditions previously imposed by the Board at its meeting held on 23 June 2009 following amendment of the Board’s Policy as agreed at its meeting held on 5 August 2009;

(b) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(c) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place; and

(d) that the applicant was represented by Mr Gilmore, McArthur Stanton Solicitors.

Having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, having heard Councillor R. McColl and in view of legal advice from the Clerk to the Licensing Board in relation to a previously determined application, the Board agreed that the application be granted.

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WDLBPREM/0238

Name and Address of Premises: Lodge Cochno Social Club, 29 Glasgow Road, Hardgate, Clydebank G81 5PJ

Applicant/Licence Holder: Lodge Cochno Social Club, 29 Glasgow Road, Hardgate, Clydebank G81 5PJ

Having heard the Clerk to the Licensing Board in explanation of the application, the Board noted the proposed variation as undernoted:-

To allow club to admit members of the public to attend pre-booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

ADJOURNMENT

After hearing the Chair, Councillor R. McColl, the Committee agreed to adjourn for a short period.

The meeting reconvened at 12.02 p.m. with all Members listed in the Sederunt in attendance.

Having heard the Chair, Councillor R. McColl, the Board agreed to revisit applications for Variation of Premises Licence for Renton Bowling Club and The 543 Club as undernoted prior to continuing with the determination of the application for Variation of Premises Licence for Lodge Cochno Social Club.

WDLBPREM/0235

Name and Address of Premises: Renton Bowling Club, McNaught Place, Renton, Alexandria G83 4NE

Applicant/Licence Holder: Renton Bowling Club, McNaught Place, Renton, Alexandria G83 4NE

Following re-consideration of the application and having heard Mr Robertson in answer to Members’ questions, the Board agreed that the application be granted subject to the undernoted amendment:-

That the application be granted to allow admission of the public to attend pre-

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WDLBPREM/0236

Name and Address of Premises: The 543 Club, 18 Nairn Place, Dalmuir, Clydebank G81 4EU

Applicant/Licence Holder: The 543 Club, 18 Nairn Place, Dalmuir, Clydebank G81 4EU

Following re-consideration of the application, the Board agreed that the application be granted subject to the undernoted amendment:-

That the application be granted to allow admission of the public to attend pre- booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

WDLBPREM/0238

Name and Address of Premises: Lodge Cochno Social Club, 29 Glasgow Road, Hardgate, Clydebank G81 5PJ

Applicant/Licence Holder: Lodge Cochno Social Club, 29 Glasgow Road, Hardgate, Clydebank G81 5PJ

The Board re-considered the application for Variation of Premises Licence submitted by the above applicant in respect of the above premises.

Having heard the Clerk to the Licensing Board in explanation of the application, the Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place; and

Page 23 of 27 The Board heard from Mr Filshie in relation to the objection. In his submission, Mr Filshie referred to the ability of the club to hold functions 365 days per year if the variation was granted and the potential threat to other licensed premises.

Thereafter the Board heard from Mr Gilmore who addressed the Board in support of the application and in response to the objection to the application.

Following discussion, the Board agreed that the application be granted.

WDLBPREM/0239

Name and Address of Premises: Eastfield Bowling Club, 127 Glasgow Road, Dumbarton G82 1RQ

Applicant/Licence Holder: Eastfield Bowling Club, 127 Glasgow Road, Dumbarton G82 1RQ

An application for Variation of Premises Licence was submitted by the above applicant in respect of in respect of the above premises.

The Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place;

(d) that the proposed variation was as undernoted:-

To allow club to admit members of the public to attend pre-booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

Seasonal Variations – Remove “From October to March inclusive of the opening times for on and off consumption will be 11 a.m. on Saturdays and 12.30 p.m. on Sundays”.

Following consideration and having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, the Board agreed that the application be granted.

Page 24 of 27 WDLBPREM/0240

Name and Address of Premises: Rock Bowling Club, Pier Esplanade, Castle Road, Dumbarton G82 1JJ

Applicant/Licence Holder: Rock Bowling Club, Pier Esplanade, Castle Road, Dumbarton G82 1JJ

An application for Variation of Premises Licence was submitted by the above applicant in respect of in respect of the above premises.

The Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place;

(d) that the proposed variation was as undernoted:-

To allow the club to admit members of the public to attend pre-booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

Seasonal Variations – Remove “From October to March inclusive of the opening times for on and off consumption will be 11 a.m. on Saturdays and 12.30 p.m. on Sundays”.

Following consideration and having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, the Board agreed that the application be granted.

WDLBPREM/0241

Name and Address of Premises: Lodge Bonhill & Alexandria St Andrew’s Royal Arch, Lodge 321, Masonic Temple, Gilmour Street, Alexandria G83 0DA

Applicant/Licence Holder: 321 Sports & Social Club, Masonic Temple, Gilmour Street, Alexandria G83 0DA

An application for Variation of Premises Licence was submitted by the above applicant in respect of in respect of the above premises.

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The Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place;

(d) that the proposed variation was as undernoted:-

To allow club to admit members of the public to attend pre-booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

Following consideration and having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, the Board agreed that the application be granted.

WDLBPREM/0242

Name and Address of Premises: Lodge Leven St John No 170, 14 Alexander Street, Renton, Alexandria G83 4LT.

Applicant/Licence Holder: Lodge Leven St John No 170, 14 Alexander Street, Renton, Alexandria G83 4LT.

An application for Variation of Premises Licence was submitted by the above applicant in respect of in respect of the above premises.

The Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place;

(d) that the proposed variation was as undernoted:-

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To allow club to admit members of the public to attend pre-booked functions only and only for the duration of the function.

Following consideration and having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, the Board agreed that the application be granted.

WDLBPREM/0245

Name and Address of Premises: Vale of Leven and District Angling Club, Fisherwood, Balloch G83 0JU.

Applicant/Licence Holder: Vale of Leven and District Angling Club, Fisherwood, Balloch G83 0JU.

An application for Variation of Premises Licence was submitted by the above applicant in respect of the above premises.

The Board noted:-

(a) that an objection to the application had been received from Mr J. Filshie, Milton Inn, Milton, Dumbarton G82 2TD;

(b) that in view of the above objection, the applicant and the objector had been invited to attend the meeting in order that a hearing may take place;

(d) that the proposed variation was as undernoted:-

To allow club to admit members of the public to attend pre-booked functions only and only for the duration of the function without the requirement of an Occasional Licence.

Following consideration and having given Mr Filshie and Mr Gilmour the opportunity to add to their previous submissions, the Board agreed that the application be granted.

The meeting closed at 12.30 p.m.

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