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West Dunbartonshire Licensing Board

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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. Page 1 of 27 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. Page 4 of 27 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.
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