1 EAST AYRSHIRE LICENSING BOARD
Minute of the Meeting of the Quarterly Board on 14th October, 1997
Sederunt : Councillors J Boyd, R Brailsford, D Coffey, W Doyle, D Macrae, J Kelly and G Smith
Attending : Mrs K McVey (Clerk to the Board), Ms I Townson (Depute Clerk to the Board), Mr W Gilchrist and J Crawford (Community Services), Divisional Commander Campbell and Sergeant Coubrough (Strathclyde Police “R” Division), Superintendent Thomson and Sergeant Hercus (Strathclyde Police “U” Division), Ms J McLatchie (Trainee Solicitor) and Mrs P Duncan (Senior Administrator)
Apologies were submitted on behalf of Councillors R Beattie, A Campbell, J Carmichael, A McIntyre and R Taylor who were unable to attend the Board.
As Councillor Beattie was unable to attend the Board nominations were called for Chair. Councillor Kelly nominated Councillor Boyd and this was seconded by Councillor Smith.
Councillor Boyd took the Chair and extended his best wishes to Councillor Beattie, who is currently in hospital undergoing an operation, and wished him a full and speedy recovery.
The Chairman then introduced the items of business.
Item 1 The Minutes of the Meetings of East Ayrshire Licensing Board held on 10th June, 1997 and the Adjourned Meeting held on 30th June, 1997 were approved and noted.
1.1 There were no matters arising from previous Minutes.
Item 2 The Clerk reported on a Licensing Seminar attended by her and Councillor Boyd at Glasgow on 4th September, 1997 and asked the Board to consider a COSLA Report on the promotion and marketing of Alcopops. The Board agreed that :-
1. This Board urge the Secretary of State to extend the “Prove-It” scheme to a national standard, and requirement of all licensees to participate, as the single most valuable measure against underage drinking. 2
2. In relation to the promotion, packaging and marketing of drinks, to endorse the CoSLA view that a staturoy scheme or code should be implemented next year.
Item 3 The Clerk reported on the draft Bye-Laws in light of recent case law and the Board agreed that:-
1. The Clerk await the outcome of current negotiations with the Scottish Office in relation to the Appelgate case before taking any further steps with a view to confirmation of the East Ayrshire Bye-Laws.
2. The Board noted that the old Bye-Laws will continue to apply (but that this has no effect on the new regulations and guidlines, both of which are already in operation).
3. That the Clerk bring forward a further report to the Board on proposed action in relation to the draft Bye-Laws as soon as practiable.
Item 4 Section 35 Consent granted under delegated powers :- The Thack Inn, 2 Galston Road, Hurlford Stewarton Arms, 6 Avenue Square, Stewarton
Finalisation of Provisional Grant :- New Asda Superstore, Queens Drive, Kilmarnock
Noted.
Item 5 The Clerk advised guidance was being sought on occasional extensions & permissions to be granted over the Christmas and New Year period. The Board agreed that and additional four occasional licences would be granted per premises to cover Christmas/New Year functions, the same as last year, as this arrangement had worked well.
Item 6 Consider applications received under the Licensing (Scotland) Act, 1976 as amended, and the Betting and Gaming Acts - See Appendix I attached.
Item 7 There being no further competent business, the meeting ended at 3.10pm.
3
APPENDIX I EAST AYRSHIRE LICENSING BOARD LICENSING (SCOTLAND) ACT, 1976, AS AMENDED
RENEWAL OF LICENCE
Public House
John Kyle Market Inn 215 Main Street 215 Main Street Auchinleck Auchinleck
Granted ------
Alice McConnachie Craighead Inn 18 Main Street 7/11 Glaisnock Street Auchinleck Cumnock
Granted ------
Thomas Knox The Anvil 11 Murray Place Burnton Road Ayr Dalmellington
Granted ------
Costley & Costley Hoteliers Ltd The Cochrane Inn Highgrove House Main Road Old Loans Road Gatehead by Troon
Granted ------
David Hanlon Logangate Arms 4 Park Terrace Glenmuir Road Lugar Logan
Granted 4 ------5 Jacqueline Gracie Commercial Inn 104 High Park Avenue 1 Mill Street New Cumnock Ochiltree
Mr Crawford, Community Services, commented in respect of this application that these premises are in poor condition with regard to cleanliness, decoration and repair. He stated that a timetable had been agreed with the licensee for work to be carried out. The Chairman stressed to Ms. Gracie the importance of complying with this timetable.
Granted. ------
Hotels
Firm of Auchinleck Arms Hotel Auchinleck Arms Hotel Main Street Main Street Auchinleck Auchinleck
Granted ------
Marie Campbell Portmann Hotel 4 Howard Park Drive 42 Portland Road Kilmarnock Kilmarnock
Granted ------
Restaurants
Wai Lam Wong Peking House Restaurant 21 Wallace Street 25 Wallace Street Galston Galston
Granted ------
Thomas Ho Fun Heng Restaurant 2-6 Wellington Street 2-6 Wellington Street Kilmarnock Kilmarnock
Granted ------
Entertainment
6 Mechanised Project Management The Crown 1A Dukesway Court Kilmarnock Centre Team Valley Fore Street Gateshead Kilmarnock
Granted ------
David MacKenzie The Garage 21 The Paddock 36-40 Grange Street Perceton Kilmarnock Irvine
Granted ------
John Schaffer Pyramid Snooker Club 5 Howard Park Drive 12A West Langlands Street Kilmarnock Kilmarnock
Councillor Coffey declared an interest and withdrew from considering this application. Granted ------
Off-Sales
Binghams Off-Sales Binghams Off-Sales 166 Main Street 166 Main Street Auchinleck Auchinleck
Granted ------
Mrs Khalida Bibi 3 Hearth Place 3 Kyle Court Cumnock Cumnock
Granted ------
Ali Shear McClymont Stores 27b Tweed Crescent 8 McClymont Court Wishaw Cumnock
Granted 7 ------
Mohammed Akram 45 Henrietta Street 13 Torridon Avenue Galston Dumbreck Glasgow
Granted ------
Co-operative Wholesale Soc. Ltd Co-operative Store 95 Morrison Street Polwarth Street Glasgow Galston
Granted ------
Whitbread plc Thresher Chiswell Street 64 John Finnie Street London Kilmarnock
Granted ------
Kwik Save Stores Ltd Kwik Save Supermarket Warren Drive Titchfield Street / St Andrews St Prestatyn Kilmarnock
Granted ------
Gulf Oil (G.B.) Ltd Queens Drive Service Station Rosehill Queens Drive New Barn Lane Kilmarnock Cheltenham
Granted ------
Safeway Stores plc Safeway 6 Millington Road West Shaw Street Hayes Kilmarnock 8 Middlesex
Granted ------
J M Jamieson 45/51 Loudoun Street 43 Loudoun Street Mauchline Mauchline
Granted ------
Thomas Kelly 6 High Park Avenue Burnside New Cumnock New Cumnock
Granted ------
CONFIRMATION OF TRANSFER
Public House
Costley & Costley Hoteliers Ltd The Cochrane Inn Highgrove House Hotel Main Road Old Loans Road Gatehead by Troon
Granted ------
Hotel
Chartdene Ltd Maxwood Hotel 10/12 Maxwood Road 10/12 Maxwood Road Galston Galston
Granted ------
Off-Sales
Marks & Spencer plc Marks & Spencer Michael House 72/80 King Street Baker Street Kilmarnock 9 London
Granted ------
Somerfield Stores Ltd Food Giant Somerfield House 167/187 Titchfield Street Hawkfield Business Park Kilmarnock Whitchurch Lane Bristol
Granted ------
PERMANENT TRANSFER OF LICENCE
Public House
Lawrence Vlemmiks The Cross Keys Inn 99/101 Main Street 99/101 Main Street Auchinleck Auchinleck
Withdrawn ------
Iain Hunter The Murray 8 Glenlivet Place 30 Central Avenue Kilmarnock Kilmarnock
Granted ------
Nancy Dalrymple The Letterbox 4 Nelson Street 4 Nelson Street Kilmarnock Kilmarnock
Granted ------
William Sneddon Anderson Inn 25 Grange Terrace Wellington Street Kilmarnock Kilmarnock
Granted 10 ------
Anne Kelly Kelly’s 60 Mackinlay Place 8 Langlands Street Kilmarnock Kilmarnock
Granted ------
Bryscott Inns Rae Smith Loudoun Arms 18-20 Titchfield Street 12 Titchfield Street 69 Main Street Galstom Galston Newmilns
As the application to renew this licence had been received late, the Board agreed to consider this application at an adjourned meeting, together with the renewal. ------
Douglas Taylor The Swallow Inn Gorse Cottage Burnfoot Craigie Village Patna Ayrshire
Granted ------
Josephine Bradford Hightowers 10 Robertson Place 43 Main Street Dalrymple Patna
As objections had been received, the Board agreed to consider this application at the end of business. ------
Una Black Hightowers Bar 158 Carnshalloch Avenue 43 Main Street Patna Patna
As objections had been received, the Board agreed to consider this application at the end of business. ------
Hotels
Beat Street Entertainments Ltd Turf Hotel 35/37 West Main Street 50/52 West Main Street 11 Darvel Darvel
Granted ------
Bonita Kenny Lochside House Hotel 2 Cedric Court A76 Cedric Road Nr. New Cumnock Edenthorpe Doncaster
The Clerk advised the Board that Consent had not been given by this existing licence holder in this case. The application was not considered. ------
Entertainment
Nancy Dalrymple The Box 4 Nelson Street 12 Grange Place Kilmarnock Kilmarnock
Granted ------
Dharam Chopra 30A Grange Street 60 Stockiemuir Avenue Kilmarnock Bearsden Glasgow
Granted ------
Off-Sales
Christopher Southall Mini Market 19 Mauchline Road 185 Main Street Auchinleck Auchinleck
Granted ------
Abdulgader Elmahid (Tumi) 1 Loanhead Street 22 Ardle Avenue Kilmarnock Bellfield Kilmarnock
12 Granted ------
CHILDRENS CERTIFICATE
Public House
Firm of Auchinleck Arms Hotel Auchinleck Arms Hotel Main Street Main Street Auchinleck Auchinleck
Dining Room, Function Suite & Barbecue Area/Picnic Area to Rear of Premises.
Granted ------
Thomas Knox The Anvil 11 Murray Place Burnton Road Ayr Dalmellington
Whole Premises
Granted ------
GAMING MACHINE PERMIT
Public House
Lawrence Vlemmiks The Cross Keys Inn 99/101 Main Street 99/101 Main Street Auchinleck Auchinleck
One Machine
Withdrawn ------
Mary Burns The Cross Keys Inn 6 Holmhead Road 99/101 Main Street Cumnock Auchinleck
One Machine
Granted ------13 Alan Dunn Doon Tavern 1 High Street 1 High Street Dalmellington Dalmellington
One Machine
Granted ------
Joan Graham Snug Bar 16 High Street 16 High Street Dalmellington Dalmellington
One Machine
Granted ------
Alexander Hamilton The Golden Lion 8 Titchfield Street 6/8 Titchfield Street Galston Galston
One Machine
Granted ------
Francis McEwan Memory Lane 9B Bank Street 10 Bonnyton Road Kilmarnock Kilmarnock
Two Machines
Granted ------
David Little The Hunting Lodge 23 Holehouse Road 14-16 Glencairn Square Kilmarnock Kilmarnock
One Machine
Granted ------
Kyleport Ltd The Crown Inn 14 25 High Glencairn Street 25 High Glencairn Street Kilmarnock Kilmarnock
Two Machines
Granted ------
Charles Smith Hillhead Tavern 58 Hill Street 58 Hill Street Kilmarnock Kilmarnock
One Machine
Granted ------
James Ross The Burns Inn 55/57 Low Glencairn Street 55/57 Low Glencairn Street Kilmarnock Kilmarnock
One Machine
Granted ------
Eagle Taverns Ltd Jock Tamsons 7 Incle Street 16 Titchfield Street Paisley Kilmarnock
Two Machines
Granted ------
William Sneddon Anderson Inn 25 Grange Terrace 8 Wellington Street Kilmarnock Kilmarnock
One Machine
Granted ------
David Hanlon Logangate Arms 4 Park Terrace Glenmuir Road 15 Lugar Logan
One Machine
Granted ------16 Douglas Taylor The Swallow Inn Gorse Cottage Burnfoot Craigie Village Patna Ayrshire
One Machine
Granted ------
Una Black Hightowers 158 Carnshalloch Avenue 43 Main Street Patna Patna
One Machine
The Board agreed to consider this application at the end of business, together with the application for Permanent Transfer of Licence. ------
Linda Burt New Bar 18 Ladies Walk Littlemill Place Drongan Rankinston
One Machine
Granted ------
William McLauchlin The Dale 6/8 Rigg Street 6/8 Rigg Street Stewarton Stewarton
One Machine
Granted ------
Hotels
Andrew Morris Eglinton Hotel 50 Main Street 50 Main Street Dalmellington Dalmellington
One Machine
Granted 17 ------
Beat Street Entertainments Ltd Turf Hotel 35/37 West Main Street 50/52 West Main Street Darvel Darvel
One Machine
Granted ------
Chartdene Ltd Maxwood Hotel 10/12 Maxwood Road 10/12 Maxwood Road Galston Galston
Two Machines
Granted ------
Whitbread plc The Moorfield c/o Brunton Miller Moorfield Roundabout Solicitors Kilmarnock 22 Herbert Street Glasgow
Two Machines
Granted ------
Alan Brighton Loudoun Arms Hotel 12 The Paddock 14 Loudoun Road Perceton Mauchline Irvine
Two Machines
Granted ------
ENTERTAINMENT BYE-LAW CONSENT
18 Public House
Thomas Stewart The Horseshoe Inn 81 West Main Street 79/81 West Main Street Darvel Darvel
Bar & Lounge Area - Karaoke, Live Bands, Singing, Quiz, Cabaret, Whist Drive, Domino Tournaments, Games Nights, Dancing.
Granted ------
Anne Kelly Kelly’s 60 Mackinlay Place 8 Langland Street Kilmarnock Kilmarnock
Public Bar & Lounge - Pool Table, Juke Box, Gaming Machine, Live Music, Bands, Disco, Karaoke, T.V., Video.
Development Services commented in respect of this application that the upper lounge capacity should be restricted to 60 persons due to the means of escape available from the upper floor. Mr. David Brown, Solicitor, appeared on behalf of the applicant and gave an undertaking to ensure that the maximum persons in the upper lounge would be restricted to 60. Granted. ------
Una Black Hightowers 158 Carnshalloch Avenue 43 Main Street Patna Patna
Lounge - Live Music, Juke Box, Karaoke.
The Board agreed to consider this application at the end of business, together with the applications for Permanent Transfer of Licence and Gaming Machine Permit. ------
REGULAR EXTENSION OF PERMITTED HOURS - For one year only
Public House
Lawrence Vlemmiks Cross Keys Inn 99/101 Main Street 99/101 Main Street Auchinleck Auchinleck
Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Withdrawn 19 ------
Mary Burns Cross Keys Inn 6 Holmhead Road 99/101 Main Street Cumnock Auchinleck
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Gillian Johnston Glaisnock Inn Mansfield Glaisnock Street Rigg Road Cumnock Cumnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Don Bertellotti Jenny Tears 22 Patrick Finn Court 4 Lugar Street Cumnock Cumnock
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Thomas Knox The Anvil 11 Murray Place Burnton Road Ayr Dalmellington
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted 20 ------
Mrs I Bellingham White Horse Inn 22 Barbieston Road 22 Barbieston Road Dalrymple Dalrymple
Thursday 11pm - Midnight Friday & Saturday 11pm - 12.30am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------21 June Cameron Kirkton Inn 1 Main Street 1 Main Street Dalrymple Dalrymple
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Robert Wishart The Auld Hoose 70 Main Street 68 Main Street Dunlop Dunlop
Monday to Sunday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Mr D E Brown Kings Arms 89 Main Road 89 Main Road Fenwick Fenwick
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Annie McCutcheon The Wee Train 24 Wallace Street 22 Wallace Street Galston Galston
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 2am Sunday 2.30pm - 6.30pm and 11pm - Midnight
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Ms Joanne Bryce, Solicitor, appeared on behalf of the applicant and moved that the application be granted, as these were the hours currently held by the licensee. The Board agreed to grant the licence in terms of the guidelines only. ------22 Mr A J Scott Burns Tavern 18-20 Titchfield Street 18-20 Titchfield Street Galston Galston
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
The Board agreed to consider this application at an adjourned meeting, together with the application for renewal of licence, which had been received late, and the application for Permanent Transfer of Licence. ------
Suat Yildirim Laigh Milton Mill Laigh Milton Mill Gatehead Gatehead Kilmarnock
Monday to Sunday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
John Steele Hollybush Inn 19a Annbank Road Hollybush Mossblown by Ayr
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Mrs E Brown Goldberry Arms 26 Bank Street 26-28 Bank Street Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Saturday 10am - 11am Sunday 2.30pm - 6.30pm
Mr Brown, husband of the licensee, appeared and asked that the Saturday morning extension be deleted from the application. Granted, as amended. ------23 Francis McEwan Memory Lane 9B Bank Street 10 Bonnyton Road Kilmarnock Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Saturday 8am - 11am Sunday 2.30pm - 6.30pm
Mr Francis McEwan appeared and stated that an early morning extension was being sought to cater for a supporters club which held regular meetings within his premises on Saturday mornings. Councillor Kelly moved that the application be granted only in terms of the guidelines. This was seconded by Councillor Smith.
Councillor Coffey moved that the application be granted as it stands. This was seconded by Councillor Brailsford.
The application was put to the vote by a show of hands and granted in terms of the guidelines only by a majority of five votes to two. ------
David MacKenzie Parkers 21 The Paddock 26 The Foregate Perceton Kilmarnock Irvine
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Ramon Tognini Route 66 Alton House 19 Fowlds Street Bankhead Kilmarnock by Galston
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------24 Jack McDaid Whisky Joes 62 West Main Street 15 Grange Street Darvel Kilmarnock
Sunday to Wednesday 11pm - Midnight Thurday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Mary Polding Mack’s Bar 51 Grange Street 51 Grange Street Kilmarnock Kilmarnock
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Peter Logan Brodies 19 South Gargieston Drive 53 Grange Street Kilmarnock Kilmarnock
Monday to Saturday 11pm - Midnight Friday & Saturday Midnight - 2am (Function Suite) Sunday 2.30pm - 6.30pm and 11pm - Midnight
As the licensee had been cited to attend the meeting and no one appeared, the Board agreed to grant the extended hours in terms of the guidelines only. ------
Andrew Shedden Palace Theatre East Ayrshire Council 9 Green Street London Road H.Q. Kilmarnock Kilmarnock
Monday to Saturday 11pm - Midnight
Granted ------25
Kyleport Ltd The Crown Inn 25 High Glencairn Street 25 High Glencairn Street Kilmarnock Kilmarnock
Monday to Saturday 9am - 11am and 11pm - Midnight Sunday 2.30pm - 6.30pm and 11pm - Midnight Friday & Saturday Midnight - 2am (Function Suite)
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Reid Hamilton, Solicitor, appeared on behalf of the applicant and explained that these premises had held a morning extension in the past to facilitate funerals and that it was felt that there was a need in the locality. He made no comment with regard to the 2am extension.
The Chairman pointed out that it had already been agreed by the Board that applications for occasional extensions would be accepted at short notice to cater for funerals and moved that the extensions be granted in terms of the guidelines only. This was seconded by Councillor Macrae. Councillor Coffey moved that the extensions be granted as it stands. This was seconded by Councillor Brailsford.
The application was put to the vote by a show of hands and granted in terms of the guidelines only by a majority of five votes to two. ------
Charles Smith Hillhead Tavern 4 Bruce Avenue 58 Hill Street Prestwick Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Nicholas Connolly O’Donnells 6 Annanhill House 4a John Finnie Street Irvine Road Kilmarnock Kilmarnock
Monday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - 1am
Mr Connolly appeared and asked that his application be amended to show Sunday to Wednesday 11pm to midnight, Thursday to Saturday 11pm to 1am and Sunday 2.30pm to 6.30pm. Granted, as amended. ------26 Nancy Dalrymple The Letterbox 4 Nelson Street 4 Nelson Street Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Ishak Babur 19/21 Nelson Street 56 Ford Street Kilmarnock Glasgow
Friday & Saturday 11pm - Midnight
Granted ------
Jack Stirling Paris Match 30 Oswald Court 7/9 Princes Street Ayr Kilmarnock
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Thomas Cairns Refreshment Rooms 5 Garden Street Railway Station Galston Kilmarnock
Monday to Saturday 7.15am - 11am
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Williams, Solicitor, appeared on behalf of the applicant and referred to a petition and statement of takings which had been submitted in respect of this application. The petition and statement was circulated to the Board Members. Mr Williams stated that the petition had been signed by more the five hundred people, a variety of people not only from the Kilmarnock area, who used the premises. He felt that there was sufficient demand, which was shown in the statement of takings. Mr Williams pointed out that occasional extensions would not suffice in this case as morning extensions were used constantly.
27 Councillor Boyd enquired as to whether Mr Williams knew of any other main stations which held morning extensions. Mr Williams replied that Inverness and Oban held morning extensions, however he was awaiting further information as to whether any other stations held morning extensions.
Councillor Boyd asked how many trains passed through Kilmarnock Station between 7.15am and 11am. The Clerk advised that four trains passed each way through the station.
The Board adjourned to consider the application.
Upon returning the Chairman stated that, in his opinion, by granting the morning extension there would be no benefit to the wider community and moved that the extended hours be refused. This was seconded by Councillor Kelly.
Councillor Coffey moved that the morning extension be granted, and this was seconded by Councillor Brailsford.
The application was put to the vote by a show of hands and refused by a majority of five votes to two.
Mr Williams asked for a Section 64(a) Direction which was refused. ------
Wallaces of Ayr Ltd Artful Dodger (Basement) 17/19 Burns Statue Square 3 St Marnock Place Ayr Kilmarnock
Monday to Saturday 9am - 11am Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm- 1am Sunday 2.30pm - 6.30pm
Ms. Rhona Wark, Solicitor, appeared on behalf of the applicant and asked that Monday to Saturday from 9am until 11am be deleted from the application.
The Board agreed to grant the licence, as amended. ------
David Turner The Standard Bar Cafe Old Mill 17 Strand Street New Mill Road Kilmarnock Dunlop
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted 28 ------29 Eagle Taverns Jock Tamsons Anchor House 16/18 Titchfield Street 7 Incle Street Kilmarnock Paisley
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Stephen Harrison The Auld Hoose Inverlair Titchfield Street Bankhead Cottage Kilmarnock Galston
Monday to Thursday 11pm- Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Robert McIlvanney Woodgrove Lounge Bar 18 Forest Grove Unit 2 Wardneuk Shopping Centre Kilmarnock Kilmarnock
Monday to Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Jacqueline Richmond New Bellfield Tavern 24 Glenapp Quadrant 1 Wellbeck Street Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------30 Lorimer Headley Fanny by Gaslight 20-22 West George Street 20-22 West George Street Kilmarnock Kilmarnock
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Graham Tannock No 10 Bar 25 Fouracres Drive 10 West Langlands Street Kilmaurs Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
David Hanlon Logangate Arms 4 Park Terrace Glenmuir Road Lugar Logan
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm- 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Jacqueline Gracie Commercial Inn 104 High Park Avenue 1 Mill Street New Cumnock Ochiltree
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Chartdene Ltd Riverside Inn 11 Henrietta Street 2 Brown Street Galston Newmilns 31
Monday to Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Mr A J Scott Loudoun Arms 18-20 Titchfield Street 69 Main Street Galston Newmilns
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
As the application to renew this licence had been received late, the Board agreed to consider this application, together with the application for Renewal of Licence and Transfer of Licence at an adjourned meeting. ------
Una Black Hightowers 158 Carnshalloch Avenue 43 Main Street Patna Patna
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
The Board agreed to consider this application at the end of business, together with the application for Permanent Transfer of Licence, Gaming Machine Permit and Entertainment Bye-Law Consent. ------
Sheena Graham Wheatsheaf Inn 64 High Main Street 35 Main Street Dalmellington Patna
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Linda Burt The New Bar 18 Ladies Walk Littlemill Place Drongan Rankinston
32 Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Hotels
Hugh Dorbie The Mercat Hotel The Square The Square Cumnock Cumnock
Monday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 11am - 12.30pm and 11pm - Midnight
Granted ------
Beat Street Entertainments Ltd Turf Hotel 35/37 West Main Street 50/52 West Main Street Darvel Darvel
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 11.30am - 12.30pm and 2.30pm - 6.30pm Friday & Saturday 11pm - 2am (Function Suite)
The Clerk advised that this application was not in line with the guidelines approved by the Board. Mr Robin Morton, Solicitor, appeared on behalf of the applicants and submitted that this extension had been in place for some years, although the licence had just been transferred to his clients, and moved that the extended hours be granted.
The Chairman moved that the licence be granted in terms of the guidelines only. The Board agreed. ------
Chartdene Ltd Maxwood Hotel 10/12 Maxwood Road 10/12 Maxwood Road Galston Galston
Monday to Saturday 11pm - Midnight Friday & Saturday Midnight - 2am (Function Suite) Sunday 2.30pm - 6.30pm and 11pm - Midnight
33 The Clerk advised that this application was not in line with the guidelines approved by the Board. Ms Joanne Bryce, Solicitor, appeared on behalf of the applicants and submitted that a 2am extension was being sought purely for the function suite due to the large number of functions held within the premises.
The Chairman pointed out that occasional extensions could be used for functions and moved the that extensions be granted in terms of the guidelines only. The Board agreed. ------34 Chartdene Ltd Howard Park Hotel 11 Henrietta Street 136 Glasgow Road Galston Kilmarnock
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Heather Burnett Broomhill Hotel 57A London Road 57A London Road Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
David Bennett Foxbar Hotel 62 London Road 62 London Road Kilmarnock Kilmarnock
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - 11.45pm
Granted ------
Marie Campbell Portmann Hotel 4 Howard Park Drive 42 Portland Road Kilmarnock Kilmarnock
Sunday to Thursday 11pm - 1am Friday & Saturday 11pm - 2am Saturday 9.30am - 11am Sunday 2.30pm - 6.30pm
The Clerk advised that this application was not in line with the guidelines approved by the Board. Ms Campbell appeared and stated that these were the hours presently held by her, she had not abused them in any way and that she should be able to continue to have these hours.
35 The Chairman moved that the extensions be granted in terms of the guidelines only. This was seconded by Councillor Smith.
Councillor Coffey moved that the 9.30am extension be granted, which was seconded by
Councillor Brailsford.
The application was put to the vote and granted in terms of the guidelines only by a majority of five votes to two. ------
Alan Brighton Loudoun Arms Hotel 12 The Paddock 14 Loudoun Street Perceton Mauchline Irvine
Monday to Sunday 11pm- 1am Sunday 11.30am - 12.30am and 2.30pm - 6.30pm
Mr Williams, Solicitor, appeared on behalf of the applicant and asked that the application be amended to show Monday to Wednesday 11pm to midnight, Thursday to Saturday 11pm to 1am and Sunday 11.30am to 12.30pm, 2.30pm to 6.30pm and 11pm to midnight. The Board agreed to grant the licence, as amended. ------
Matthew Brown Lochside House Hotel Lochside House Hotel New Cumnock New Cumnock
Monday to Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
James Russell The Millhouse Hotel 6-8 Dean Street 6-8 Dean Street Stewarton Stewarton
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm -1am Sunday 2.30pm - 6.30pm
Granted ------
Restaurants 36
Cindy Lau Diamond Inn Chinese Restaurant 1 Stepend Road 127 Main Street Cumnock Auchinleck
Monday to Saturday 11pm - Midnight Sunday 4pm - 6.30pm and 11pm - Midnight
Granted ------
Mrs Kashmir Sangha Little India Palace 10 Auchinleck Road 14 Ayr Road Cumnock Cumnock
Monday to Thursday 11pm - Midnight Friday to Sunday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Brightreasons Restaurants Ltd Pizzaland Bakers House 106-110 Titchfield Street 25 Bakers Road Kilmarnock Middlesex
Sunday 2.30pm - 6.30pm
Granted ------
Entertainment
Nazar Said Barrmill Snooker & Social Club 142 Ravenswood Rise Barrmill Road Livingston Galston
Sunday to Wednesday 11pm - Midnight Thursday 11pm - 1am Friday & Saturday 11pm - 2am Sunday 2.30pm - 6.30pm
The Clerk advised that this application was outwith the guidelines approved by the Board. Mr Reid Hamilton, Solicitor, appeared on behalf of the applicant and stated that this was in fact a proprietary club which did not have a sole form of entertainment. The entertainment provided is snooker and discos. Mr Hamilton stated that to continue to operate the duel function these premises required a 2am extension. 37
Councillor Coffey moved that the licence be granted. This was seconded by Councillor Brailsford.
The Chairman moved that the licence be granted in terms of the guidelines only. This was seconded by Councillor Kelly.
The application was put to the vote and granted in terms of the guidelines only by a majority of five votes to two. ------
David MacKenzie Parkers 21 The Paddock 28 The Foregate Perceton Kilmarnock Irvine
Sunday to Saturday 11pm- 2am Sunday 2.30pm - 6.30pm
Mr Reid Hamilton, Solicitor, appeared on behalf of the applicant and asked that Sunday from 2.30pm to 6.30pm be deleted from the application as this had been included in error. Granted, as amended. ------
Nancy Dalrymple The Box 4 Nelson Street 12 Grange Place Kilmarnock Kilmarnock
Sunday to Saturday 11pm - 2am
Granted ------
Ritchie & McColm 58 John Finnie Street Partnership Kilmarnock Fardalehill House Bonnyton Kilmarnock
Monday to Sunday 11pm - 2am
The Board agreed to consider this application at the end of business when considering the application for Provisional Grant of Licence. ------38
Jean Monteforte Big Break Snooker Club 12 Witchknowe Court 50 Titchfield Street Kilmarnock Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------39 John Schaffer Pyramid Snooker Club 5 Howard Park Drive 12A West Langlands Street Kilmarnock Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Monday & Thursday 11pm - 1am Sunday 11am - 12.30pm and 2.30pm - 6.30pm Saturday 9am - 11am
Councillor declared and interest and withdrew from considering this application.
Mr Schaffer appeared and asked that this application be amended in terms of the guidelines. The Board agreed to grant the licence, as amended. ------
Clubs
Mary Ferguson Auchinleck Indoor Bowling Club 23 Main Street Well Road Auchinleck Auchinleck
Friday to Sunday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Robert Pollock Lodge St John Catrine 497 Social Club 76 Gordon Street 65 Sorn Street Catrine Catrine
Friday & Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Ian Currie Crosshouse Bowling Club 37 Hunter Road Busbie View Crosshouse Crosshouse
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm- 6.30pm and 11pm - Midnight From April to October Saturday 9am - 11am Sunday 9am - 12.30pm 40
The Clerk pointed out that this application was not in line with the guidelines approved by the Board. Mr Reid Hamilton, Solicitor, appeared on behalf of the applicant and submitted that the morning extensions were being sought to cater for tournaments held by the club.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------
Jack Surgeon Darvel Bowling Club 3 McIlroy Court Ranoldcoup Road Darvel Darvel
Friday & Saturday 11pm - 1am Saturday 9am - 11am Sunday 9am - 12.30pm and 2.30pm - 6.30pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Surgeon appeared and explained that the club premises were remote and so offered no nuisance to the public.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------
David Hannah Darvel Masonic Club Bransfield Farm 37 West Donnington Street Darvel Darvel
Monday to Saturday 11pm- 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Mr Cree appeared on behalf of the club and asked that the application be amended in terms of the guidelines. The Board granted the licence, as amended. ------
Alexander Eckersley Dunlop Bowling Club 27 Lugton Road 10 Newmill Road Dunlop Dunlop 41
Friday & Saturday 11pm - 12.30am Sunday 2.30pm - 6.30pm
Granted ------
Francis Gilmour Galston Bowling Club 22 Cairnview 14 Station Road Galston Galston
Friday 11pm - Midnight Saturday 11pm - 1am Sunday 9am - 12.30pm, 2.30pm - 6.30pm and 11pm - Midnight
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Richard Boswell appeared on behalf of the club and submitted that the morning extensions were being sought to cater for tournaments held by the club.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------
James Adams Galston L W M Bowling Club 5 Boyd Street Titchfield Street Galston Galston
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Monday to Saturday 9am - 11am Sunday 2.30pm - 6.30pm and 11pm - 11.45pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr James Adams appeared on behalf of the club and asked that the application be amended to show the morning extensions applied for as being Saturday only.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------42
John Kerr Hurlford 505 Social Club 5 Riccarton Road 2-4 Riccarton Road Hurlford Hurlford
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
William Reid Bellfield Bowling Club 52 Rathlin Avenue Bellfield Estate Kilmarnock Kilmarnock
Friday & Saturday 11pm - Midnight Sunday 11am - 12.30pm and 2.30pm - 6.30pm
Granted ------
Charles Mooney Springhill Bowling Club 16A Park Street 69 Fullarton Street Kilmarnock Kilmarnock
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Saturday 9.30am - 11am Sunday 9.30am - 12.30pm, 2.30pm - 6.30pm and 11pm - Midnight
Councillor Coffey declared an interest and withdrew from considering this application.
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Charles Mooney appeared and asked that the morning extensions be deleted from the application. Granted, as amended. ------
David McIntyre Kilmarnock Masonic Club 68 Balgray Avenue 45 London Road Kilmarnock Kilmarnock
Monday to Thursday 11pm - midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm & 11pm - Midnight
Granted 43 ------
Francis Harrow Kilmarnock Rugby Football Club 26 Forest Grove Queens Drive Kilmarnock Kilmarnock
Friday & Saturday 11pm- 1am Sunday 2.30pm - 6.30pm
Granted ------44 John Milgrew Kilmarnock Conservative Association & Club 3 South Hamilton Street Sturrock Street Kilmarnock Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm 6.30pm
Granted ------
Eric Bell Northwest Kilmarnock Bowling Club 61 Todhill Avenue 2 Wardneuk Drive Kilmarnock Kilmarnock
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
Alistair McLelland West Netherton Bowling Club 2 Rowanhill Place West Netherton Street Kilmarnock Kilmarnock
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Saturday 9am - 11am Sunday 11am - 12.30pm, 2.30pm - 6.30pm and 11pm - Midnight
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr John McWilliams appeared on behalf of the club and stated that morning extensions were being sought to cater for functions, etc.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------45 Robert McAllister 1398 Masonic Social Club 6 Vine Park Avenue 22 Main Street Kilmaurs Kilmaurs
Monday to Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Robert Newlands Kilmaurs Glencairn Bowling Club 23 Townhead 19 Townend Kilmaurs Kilmaurs
Friday to Sunday 11pm - Midnight Sunday 2.30pm - 6.30pm From April to September Saturday 9am - 11am Sunday 9am - 12.30pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Newlands appeared and stated that morning extensions were being sought for every Saturday and Sunday to cater for tournaments as it was very difficult to tie sponsors down to specific dates.
Councillor Coffey moved that the licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------
D G Munro Ballochmyle Golf Club 19 Glebe Avenue Mauchline Mauchline
Friday & Saturday 11pm - 1am Sunday 11.30am - 12.30pm and 2.30pm - 6.30pm
Granted ------46 Samuel Stowe Mauchline & District Kilmarnock F C Supporters Club 15 Carrick View 8/12 Earl Grey Street Mauchline Mauchline
Monday to Saturday 11pm - Midnight Sunday 11am - 12.30pm, 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
William Holland Mauchline Bowling Club 92 Jean Armour Drive Rankine Drive Mauchline Mauchline
Friday & Saturday 11pm - 1am Sunday 11am - 12.30pm and 2.30pm - 6.30pm
Granted ------
George Leitch Kaimes Social Club 8 Manse Road Smallburn Road Muirkirk Muirkirk
Friday & Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
William Houston New Cumnock Working Mens Club 5 Ashmark Avenue 103 Afton Bridgend New Cumnock New Cumnock
Friday to Sunday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
Robert Lind New Cumnock Homing Club 21 Holm Road 2A Castlemains Avenue New Cumnock New Cumnock
Friday & Saturday 11pm - 1am 47 Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted ------
David Dick The Bonnie Doon Masonic Club 34 Mauchline Road 31/33 Main Street Mossblown Patna
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm- 1am
Granted ------
James Stewart Riccarton Bowling Club 18 Craigie Avenue 18 Craigie Avenue Riccarton Riccarton
Monday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm and 11pm - Midnight From May to September Saturday 9am - 11am Sunday 9am - 12.30pm
The Clerk pointed out that this application was outwith the guidelines approved by the Board. Mr Newlands appeared and simply moved that the licence be granted.
Councillor Coffey moved that that licence be granted.
The Chairman moved that the licence be granted in terms of the guidelines only, which was seconded by Councillor Kelly.
Granted, in terms of the guidelines only. ------
Hugh Fulton Stewarton Bowling Club 16 Dornie Close 1A Dunlop Street Stewarton Stewarton
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted 48 ------49 Linda Morrison Stewarton Ayrshire Social & Recreation Club 18 Standalane 35 Lainshaw Street Stewarton Stewarton
Friday 11pm - 11.45pm Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Joseph Baird Lodge Thistle Social Club 8D Kirktonholm Place 10 Springwell Place Kilmarnock Stewarton
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am
Granted ------
RENEWAL OF BINGO LICENCE
Gala Leisure Ltd Gala Club New Castle House Portland Street / West George Street Castle Boulevard Kilmarnock Nottingham
Granted ------
GRANT OF BETTING OFFICE LICENCE
James Brown Brown Bookmakers 83 Munro Avenue 5 Well Road Kilmarnock Auchinleck
Granted ------
50 PERMANENT TRANSFER OF LICENCE
Public House
Josephine Bradford Hightowers 10 Robertson Place 43 Main Street Dalrymple Patna
Una Black Hightowers Bar 158 Carnshalloch Avenue 43 Main Street Patna Patna
GAMING MACHINE PERMIT
Una Black Hightowers Bar 158 Carnshalloch Avenue 43 Main Street Patna Patna
ENTERTAINMENT BYE-LAW CONSENT
Una Black Hightowers Bar 158 Carnshalloch Avenue 43 Main Street Patna Patna
EGULAR EXTENSION OF PERMITTED HOURS
Una Black Hightowers Bar 158 Carnshalloch Avenue 43 Main Street Patna Patna
The Clerk advised the Board that objection letters had been received in respect of these applications. The Chief Constable, Strathclyde Police had objected to the Permanent Transfer of Licence on the grounds that the applicants are not fit and proper persons to hold a licence in terms of Section 17(1)(a) of the Licensing (Scotland) Act, 1976, as amended, and that the premises are likely to cause undue public nuisance in terms of Section 17(1)(c) of the Act. The Chief Constable also objected to the grant of Regular Extension in name of Una Black on the grounds that the extension of the permitted hours would be likely to cause undue public nuisance and a threat to public order or safety. Mrs Gwillam, a neighbouring proprietor, also objected to the grant of Regular Extension on the same grounds as the Chief Constable.
51 Mr Peter Bradford appeared on behalf of Mrs Una Black and confirmed that the letters of objection had been received. The letters of objection were then circulated to the Board. The Clerk then pointed out to Mr Bradford that consent to the transfer of the licence in name of Mrs Josephine Bradford had not been received. Mr Bradford was aware of this, however could offer no explanation. The Board agreed that with no consent in place, the application was incompetent, however for the avoidance of doubt agreed to hear the objection of the Chief Constable.
The Clerk then pointed out that the Chief Constable had also submitted “spent” convictions relating to Mr Peter Bradford, sister of Mrs Una Black and ex- husband of Mrs Josephine Bradford and advised that spent conviction could not be taken into account unless the Board consider that justice cannot be done except by the admission of the spent convictions, and that those convictions are relevant to the fitness of the applicant to hold a licence. At this point the Board ascertained the position of the Chief Constable, which was that since the spent convictions related to crimes of violence and dishonesty, and since Mr Bradford was joint lessee of the premises and involved in the day to day management, these were relevant to the Board’s consideration. Mr Bradford did not oppose this submission therefore a further letter by the Chief Constable detailing certain spent convictions was placed before the Board. A this point Mr Bradford suggested that he would cease his involvement with the operation of the licence is this were to be considered acceptable to the Board.
In terms of the Board’s Hearing Procedures, Mr Bradford addressed the Board first in support of the applications and Divisional Commander Campbell addressed the Board in support of the Chief Constable’s objections. Mrs Gwillam did not address the Board, but requested that the terms of her letter of objection be taken into account. After hearing the parties, the Board adjourned to consider the applications
Upon returning the Board determined the applications as follows :
1. Application for Permanent Transfer of Licence in name of Mrs Josephine Bradford - The Board refused to grant the transfer as Mr Peter Bradford, a person on whose behalf or whose benefit the licence would be operated is not considered by the Board to be a fit and proper person to be the holder of a licence, by reason of his previous convictions.
2. Application for Permanent Transfer of Licence in name of Mrs Una Black - The Board refused to grant the transfer as they accepted that incidents of public disorder, after hours drinking and noise nuisance had been established and that during the Temporary Transfer of the licence, Mrs Una Black had failed to exercise proper and adequate control of the premises. Additionally, Mr Peter Bradford, a person on whose behalf or whose benefit the licence would be operated is not considered by the Board to be a fit and proper person to be the holder of a licence, by reason of his previous convictions. 52
3. Applicant for Gaming Machine Permit in name of Mrs Una Black - Not competent because the applicant is not the holder of a Public House Licence.
4. Application for Entertainment Bye-Law Consent in name of Mrs Una Black - Not competent because the applicant is not the holder of a Public House Licence, however for the avoidance of doubt, the Board indicated that nuisance had occurred, and that the previous consent issued in favour of Mr Stewart, the previous licensee was rescinded.
5. Application for Regular Extension of Permitted Hours in name of Mrs Una Black - Not competent because the applicant is not the holder of a Public House Licence, however for the avoidance of doubt the Board determined that public nuisance and a threat to public order and safety had been established.
------
PROVISIONAL GRANT OF LICENCE Public House
Catherine Filson The Black Bull 4 Mossgiel Road (formerly Loch Doon Hotel) Forehill 18 High Street Ayr Dalmellington
As objections had been received in respect of this application, the Board agreed to consider the application at the end of business. ------
Yeeeha Ltd 23B Pagan Walk The Mill Muirkirk Cedar Road Colchester
As objections had been received in respect of this application, the Board agreed to consider the application at the end of business. ------
Restaurant
Mohammed Aslam 40/42 Lainshaw Street 2 Lauder Court Stewarton Kilmarnock
53 As this application was in order and no objections had been received, the Board granted the licence. ------54 Entertainment
Ritchie & McColm 58 John Finnie Street Partnership Kilmarnock Fardalehill House Bonnyton Kilmarnock
Regular Extension of Permitted Hours - For one only
Ritchie & McColm 58 John Finnie Street Partnership Kilmarnock Fardalehill House Bonnyton Kilmarnock
Mr Peter Lawson, Solicitor, appeared on behalf of the applicants and moved that the licence be granted, as no objections had been received.
In respect of the entertainment envisaged for these premises, being live entertainment, musicians, D.J., disco and large screen T.V., the Board asked for confirmation that the sale of alcoholic liquor shall not be ancillary to T.V. only. Mr Lawson replied that disco would be the primary function in these premises.
The Board agreed to grant the licence. ------
GRANT OF LICENCE
Off-Sales
Rifat Khan Burki 5/7 Shortlees Crescent 1A Craigie Road Kilmarnock Kilmarnock
The application being in order and no objections having been received, the Board agreed to grant the licence.
The Board however asked for confirmation from Mr. Burki that Mrs Audrey Gibson, the previous licence holder from whom the licence had been suspended, would not be involved with the licence, nor be employed within the premises. Mr. Burki confirmed that Mrs Gibson would have no involvement whatsoever with this licence. ------
Catherine Filson The Black Bull 55 4 Mossgiel Road (formerly Loch Doon Hotel) Forehill 18 High Street Ayr Dalmellington
The Clerk pointed out that one letter of objection had been received in respect of this application. The Clerk also advised that a map showing the licensed premises within Dalmellington was exhibited on the notice board and Agents could refer to it in their submissions to the Board.
Mr. Dunlop, Solicitor, appeared on behalf of the applicant and Mr. McMichael, Area Manager of the Scottish Licensed Trade Association, South West area, appeared on behalf of the objector. Mr Dunlop confirmed that letter of objection had been properly served and so the letter was circulated to Board Members. The Hearing then proceeded in accordance with the agreed procedure for hearings which had been circulated to the parties.
Mr Dunlop spoke in support of the application and submitted that these premises had been licensed as a hotel for over a hundred years and had in fact been a stopping off point for coaches. The premises had however closed in 1993 due to the mis-management of the premises. He stated that his client proposed to recreate the premises as a public house, with disabled toilets, at ground level with a court yard and housing. He assured that this was a genuine attempt by a local person to resurrect the premises with a view to attracting more people to the area.
In addressing the Board on over provision, Mr Dunlop suggested that the locality be the centre of Dalmellington, or perhaps a half mile thereof. He submitted that the town centre held four off-sales, three public houses and one hotel and that with the catchment area to include Dalmellington, Bellsbank and Burnton, he felt that over provision should not be considered by the Board and moved that the licence be granted.
Mr McMichael addressed the Board at some length on the geographical location of Dalmellington and the lack of industry and employment in the area and stated that there was evidence to show a decrease in the population. Mr McMichael proposed that the locality in this case be the whole of Dalmellington, including Bellsbank and Burnton when considering over provision and moved that the licence be refused on the grounds of over provision.
Mr Dunlop stressed that the locality was not the same as the catchment area, as suggested by Mr McMichael in his submission.
Strathclyde Police commented that the applicant in this case is currently in part time employment and suggested that if the Board granted the licence, if may be advisable at the earliest opportunity that another nominee be appointed for the day to day supervision of the premises.
56 Mr Dunlop stated that the applicant is in fact in part time employment, however should the licence be granted the applicant would either give up her current job or appoint a manager to the premises.
Both parties were given the opportunity to sum up.
Mr McMichael stated that he had nothing further to add to his earlier submission.
Mr Dunlop stated that the objection received was in fact a trade objection and an attempt to safeguard profit and moved that the licence be granted.
The Board adjourned to consider the application.
Upon returning the Chairman stated that the Board considered the locality required to be the town centre of Dalmellington and that there were in existence eight licensed premises within the locality, including three public houses and two hotels capable of offering similar facilities to the application premises. He stated that the area was one which had experienced industrial decline in recent times and that there had been a gradual decrease in the population of the communities of Dalmellington, Burnton and Bellsbank.
The Chairman moved that the licence be refused on the grounds of over provision of licensed premises in the locality, having regard to the number of licensed premises in the locality and the number of premises which could offer the same, or similar facilities to the application premises. This was seconded by Councillor Kelly.
Councillor Coffey stated that, in his opinion, over provision was not an issue and moved that the licence be granted. This was seconded by Councillor Brailsford.
The application was put to the vote by a show of hands and refused by a majority of four votes to three.
Mr Dunlop asked for a Statement of Reasons, which the Clerk undertook to forward to him, and a Section 14 Direction which was granted.
------
Yeeeha Ltd 23B Pagan Walk The Mill Muirkirk Cedar Road Colchester
The Clerk pointed out that six letters of objection had been received in respect of this application. The Clerk also advised that a map showing the licensed 57 premises within Muirkirk was exhibited on the notice board and Agents could refer to it in their submissions to the Board.
Ms Audrey Ferrie, Solicitor, appeared on behalf of the applicants. James Campbell, James Lawrie and Anna Frizzle, objectors, appeared and Mr Cochrane appeared on behalf of Muirkirk Community Council and Mr McMichael, SLTA, appeared on behalf of Mrs Peebles.
On establishing whether the letters of objection had been properly served, Ms Ferrie advised that only five letters of objection had been received by the applicants. A sixth letters from Mrs K Templeton had not been received. Mrs Templeton was present and indicated that the had attempted to serve her objection by recorded delivery. On sight of the envelope addressed to the applicants, it was noted that the letter had not been correctly addressed. Ms Ferrie however accepted that the objection raised similar matters to the others and agreed to its being circulated with the other five. The six letters of objection were then circulated to the Board Members.
The Hearing then proceeded in accordance with the agreed procedure for hearings which had been circulated to the parties.
Ms Ferris advised that this was an enthusiastic, new company, established with the purpose of acquiring the application premises, and hopefully other licensed premises. She stated that the aim of the company was to open a traditional style bar with the theme being the heritage of sport, and that it was intended to name the premises “The Pitch”. The applicants propose to spent approximately £80,000-00 on the premises.
Ms Ferrie informed that service within the premises would be of high quality and the focus would be on representing the interest of the community. It was intended to offer sponsorship for local sports and recreational activities.
On the matter of over provision, Ms Ferrie suggested that the locality be Smallburn alone, or half a mile thereof and that there was only one off-sales within the locality. She submitted that, Smallburn being the locality, over provision should not be considered and moved that the licence be granted.
The Board then heard various submissions from the objectors. Mr Cochrane, representative of Muirkirk Community Council, emphasised that Muikirk is a remote community standing alone, ten miles from anywhere. Mr. Lawrie commented on the intention of the new company in respect of creation of employment and sponsorships and emphasised that the existing trade had made considerable efforts in these respects. Mr McMichael, SLTA, addressed the Board in some detail and submitted that the locality should be the whole of Muirkirk. He addressed the Board regarding the geographical situation of Muirkirk, the decrease in industry and employment in the local area and the decline in population and difficulty for local businesses. 58
The parties were then questioned on their submissions in terms of the hearing procedure. For the avoidance of doubt, the Board indicated that it would disregard as irrelevant those matters contained in the objectors’ letters which did not relate to over provision.
Both parties were given the opportunity to sum up.
Mr Cochrane stated that the locality should be the whole of Muirkirk as Smallburn was not a separate part of the village.
Mr Lawrie reminded the Board that these premises already held a public house licence and closed in October, 1995 and stated that if the premises were needed in the village then they would never have closed.
Mr McMichael referred to the proposed investment of £80,000-00 and stressed that it would require £80,00-00 just to being the premises to an acceptable standard.
Ms Ferrie submitted that these premises had held a licence before October 1995 and had closed because they had not been run properly, however no other licensed premises suffered when the licence was in operation. She stated that it was not the Board’s function to protect trade but to look at the fact that a young company was willing to invest money into the community.
The Board adjourned to consider the application.
On returning the Board found established :-
That the locality required to be regarded as the whole of Muirkirk, including Smallburn. This was the finding of the Board on a show of hands by four votes to three.
Having regard to a locality including all of Muirkirk, the Board found that there were seven licensed premises, including three public houses of one hotel capable of offering similar facilities to the application premises.
Councillor Macrae moved that the licence be refused on the grounds of over provision. This was seconded by Councillor Smith.
Councillor Doyle moved that the licence be granted and this was seconded by Councillor Brailsford.
The application was put to the vote by a show of hands and refused by a majority of four votes to three.
59 Ms Ferrie asked for a Statement of Reasons, which the Clerk undertook to forward to her, and a Section 14 Direction, which was refused.
60
EAST AYRSHIRE LICENSING BOARD
Minute of the Adjourned Meeting of the Quarterly Board on 14th October, 1997
Sederunt : Councillors J Boyd, R Brailsford, D Coffey, W Doyle, D Macrae, J Kelly and G Smith
Attending : Mrs K McVey (Clerk to the Board), Ms I Townson (Depute Clerk to the Board), Mr W Gilchrist and J Crawford (Community Services), Divisional Commander Campbell and Sergeant Coubrough (Strathclyde Police “R” Division), Superintendent Thomson and Sergeant Hercus (Strathclyde Police “U” Division), Ms J McLatchie (Trainee Solicitor) and Mrs P Duncan (Senior Administrator)
Apologies were submitted on behalf of Councillors R Beattie, A Campbell, J Carmichael, A McIntyre and R Taylor who were unable to attend the Board.
As Councillor Beattie was unable to attend the Board and nominations were called for Chair. Councillor Kelly nominated Councillor Boyd and this was seconded by Councillor Smith.
Councillor Boyd took the Chair and introduced the items of business.
Item 1 Consider applications received under the Licensing (Scotland) Act, 1976 as amended, and the Betting and Gaming Acts - See Appendix I attached.
Item 2 There being no further competent business, the meeting ended at 3.15pm. 61
APPENDIX I
RENEWAL OF LICENCE
Public House
Coleen Mitchell Loudoun Arms 69 Main Street 69 Main Street Galston Newmilns
Granted ------
GRANT OF BETTING OFFICE LICENCE
William Hill (Caledonian) Ltd 5-6 Nelson Street 19/20 West Preston Street Kilmarnock Edinburgh
Granted ------
GRANT OF NEW LICENCE
Hotel
Jane McBlane Hallhouse Hotel 41 Glasgow Road Main Road Stewarton Fenwick
Withdrawn ------