EAST AYRSHIRE LICENSING BOARD
Minute of the Quarterly Meeting of East Ayrshire Licensing Board held on Tuesday 15 January 2008 at 10.30am
SEDERUNT : Councillor J Buchanan, Councillor J Campbell, Councillor H Coffey, Councillor G Cree, Councillor R Cuninghame, Councillor E Dinwoodie, Councillor J McGhee, Councillor N McGhee, Councillor H Ross and Councillor J Sutherland
ATTENDING : Mr D Mitchell (Clerk to the Licensing Board), Mr S McCall (Depute Clerk to the Licensing Board), Mr D McDowall (Building Standards), Chief Superintendent H Cormack and Sergeant A Kelly (Strathclyde Police), Mrs P Duncan and Ms S Gillies (Licensing Board Administrators).
The Chair welcomed everyone to the first meeting of the Board in 2008 and introduced the first item of business.
1. SEDERUNT
Noted.
2. MINUTES OF MEETINGS
2.1 The Minute of the Quarterly Meeting of the Board held on 9 October 2007 was approved and noted.
2.2 The Minute of a Special Meeting of the Board held on 21 November 2007 was approved and noted.
2.3 The Minute of a Special Meeting of the Board held on 27 November 2007 was approved and noted.
2.4 Matters arising from previous Minutes.
Referring to the Minute of the Quarterly Meeting of the Board on 9 October 2007 the Clerk reminded the Board that the Statement of Reasons to suspend the licence in respect of Ice Nightclub, 1 West George Street, Kilmarnock had been issued and that the suspension had taken effect from 24 October 2007. He advised that the licensee had completed the outstanding work to install the wet floor within the premises to the satisfaction of Building Control by 26 October and had therefore only closed for 2 days. He further advised that the licensee, Barry Conroy, had contacted him on return after the Christmas break to advise that the premises were closing due to lack of trade.
1 3. ITEMS FOR NOTING
Consent granted in terms of Section 35 of the Act
Loudounhill Inn, Darvel
Noted
Finalisation of Provisional Grant
Zayka, 2 Lainshaw Street, Stewarton Kilmaurs Convenience Store, 5 Main Street, Kilmaurs Bridgend Inn, 34-36 Afton Bridgend, New Cumnock
Noted
4. STRATHCLYDE POLICE UPDATE
Chief Superintendent Cormack reported that since the last quarterly meeting of the Board in October 2007 Strathclyde Police had continued to closely supervise licensed premises in the East Ayrshire area, with a total of 2040 visits being carried out to licensed premises by officers during the period. He advised that the majority of premises had operated in a satisfactory manner and those that had given cause for concern continued to be monitored and supported where necessary. He stated that since October 2007, 113 people had been reported to the Procurator Fiscal for drinking in public. Of these 53 were under 18 years of age.
Chief Superintendent Cormack advised that Strathclyde Police continued to focus their attention on the problem of underage drinking and reported that the Bottle Marking Initiative continued to be successful in the detection of people acting as agents. He confirmed that since the October Board Strathclyde Police had reported to the Procurator Fiscal 6 people for acting as agents in the purchase of alcohol for people under 18 years of age, 8 people for selling alcohol to people under 18 years of age and 1 person under 18 years of age for purchasing alcohol. Additionally, 2 people were reported for behaving in a riotous or disorderly manner and refusing to quit licensed premises.
Chief Superintendent Cormack reminded the Board that from December last year Strathclyde police had been authorised to carry out test purchasing of alcohol within licensed premises in Ayrshire. He confirmed that all licence holders were advised in writing by Strathclyde Police of the provisions within the legislation and that it may provide a valuable tool in the fight against underage drinking. Since then Strathclyde Police has carried out 19 intelligence led test purchases in off sales within East Ayrshire, with all but two premises passing the test. He advised that the two premises that failed the initial test passed a subsequent test purchase and that it was the intention of Strathclyde Police to expand the scheme to all licensed premises in the near future.
Chief Superintendent Cormack took the opportunity to inform the Board of a successful designated driver initiative jointly staffed by the Ayrshire Licensing Department and Road Policing officers over the festive period. The aim of the initiative, which was funded in partnership with Ayrshire Drug and Alcohol Team, was to reduce the instances of drink driving by patrons attending Christmas functions within licensed premises. Chief Superintendent Cormack confirmed that 13 licensed
2 premises within East Ayrshire participated by providing free soft drinks and displaying posters and other promotional materials for the national drink driving campaign.
Chief Superintendent Cormack concluded by reminding the Board that in November 2007 legislation within the Security Industries Act 2001 required all door stewards within licensed premises to be appropriately trained before being licensed by the S.I.A. He advised that a joint initiative between Strathclyde Police and the S.I.A. would take place in the coming months and all relevant licensed premises would be visited to ensure compliance.
Councillor Cree requested information on what happened to youngsters under the age of eighteen who were found to be in the possession of alcohol. Chief Superintendent Cormack advised that youngsters under the age of sixteen years were reported to the Childrens Panel and that youngsters over the age of sixteen were reported to the Procurator Fiscal. The outcome was a matter for the Childrens Panel or the Procurator Fiscal.
Councillor Cree asked if this was a deterrent to youngsters or if there were re- offenders. Chief Superintendent Cormack stated that this was a deterrent to many offenders, however there were occasional re-offenders.
5. DISABILITY EQUALITY SCHEME
The Clerk reminded Members of the Board’s Disability Equality Scheme, which was approved on 12 June 2007 and to their requirement to review the implementation of the scheme annually. He then presented to the Board for consideration and approval, the first annual report – Appendix I.
The Board agreed to approve the first annual report and authorised the Clerk to the Board to issue a copy to the Equality and Human Rights Commission and also to proceed with its publication.
6. APPLICATIONS
Applications considered under the Licensing (Scotland) Act, 1976, as amended and the Gambling Act, 2005- Appendix II.
7. SECTION 31 COMPLAINT
The Board had a short adjournment at 11.35am and reconvened at Midday.
Councillor Dinwoodie left the meeting due to other business commitments.
The Clerk reminded the Board that they should consider both the renewal of the licence continued from page 2 of the Agenda and the Section 31 complaint. Although the objection to the renewal and the complaint were based on the same matters, two separate decisions were required to be made.
As there were no preliminary matters, the letter of objection was circulated to Board Members and the hearing proceeded in accordance with the agreed procedure for hearings.
3 Chief Superintendent Cormack submitted that the Chief Constable objected to the application for renewal of licence by Anwar Rafiq in respect of premises known as Bonnyton Stores, 86A Bonnyton Road, Kilmarnock on the grounds that the licence holder is no longer a fit and proper person to be the holder of a licence. In support of the objection, Chief Superintendent Cormack reported:-
At about 5pm on Friday 12 October 2007 the licence holder, Anwar Rafiq and his wife, Fozia Rafiq, were charged with contravention of the Licensing (Scotland) Act 1976, Section 60(1) whereby his wife allegedly sold a quantity of alcohol to a 16 year old youth.
At about 7.20pm on Friday 26 October 2007 the licence holder was charged with contravention of the Licensing (Scotland) Act 1976, Section 60(1) whereby he allegedly sold a quantity of alcohol to three under age youths aged 16 and 17 years.
Mr Rafiq appeared before the Board and stated that the allegations were falsely put forward, adding that some outlets in the area sold cheap alcohol and that some youngsters were drunk before reaching his premises. Referring to the incident on 12 October, Mr Rafiq submitted that he had not been within the premises at the time of sale but on returning had been advised that his wife had sold alcohol to a person under the age of eighteen. On making enquiries Mr Rafiq stated that his wife had advised that she had sold the alcohol to an older person who may have passed it on to the youngster.
With reference to the incident on 26 October Mr Rafiq submitted that around 7.20pm three youngsters had entered the shop in halloween costumes. He stated that they were going to a house party and, in his opinion looked over eighteen years of age.
Mr Rafiq advised that he was 42 years of age and had 20 years experience in the licensed trade, 5 of those years being within the applicant premises. He stated that he was a responsible licensee who did not approve of or encourage under age sales of alcohol.
Mr Raif stressed that the business was his livelihood, that the incidents were out of character and that there would be no repeat of the incidents.
Chief Superintendent Cormack had no questions for Mr Rafiq.
Councillor J McGhee asked if Mr Rafiq kept a refusals book and adhered to the Board’s Voluntary Code of Practice for off-sales premises. Mr Rafiq confirmed that he did keep a refusals book within the premises and adhered to the Board’s Code of Practice. He also complied with the bottle marking initiative.
The Clerk asked what steps Mr Rafiq, or his staff, would take where they were unsure of a customer’s age.
Mr Rafiq stated that where there was any doubt as to a customer’s age only photographic identification would be accepted, eg. a passport or driving licence and that if the customer had no identification there would be no sale.
The Clerk asked if Mr Rafiq could clarify the position with regard to the under age sale made by his wife on 12 October.
4 Mr Rafiq stated that his wife had advised that she had made the sale to a person over the age of eighteen years who may have passed the alcohol on to someone under the age of eighteen.
As the matters were sub judice, Chief Superintendent Cormack was unable to comment further on the incidents.
There being no further questions, both parties were given the opportunity to sum up.
Chief Superintendent Cormack submitted that his officers had spoken with the licence holder regarding the incidents and that appropriate action taken by Strathclyde Police had reduced concerns in the area
Mr Rafiq stated that he had undertaken 2 successful test purchases and that he displayed posters within his premises drawing customers’ attention to the fact that if no identification was provided, no sale of alcohol could take place. He advised that his refusals book was up to date and that he would make sure such incidents as those reported were not repeated.
Mr Rafiq concluded that his regular customers were older and bought groceries as well as alcohol and stressed that the shop sales would suffer if the licence was suspended.
The Clerk asked Chief Superintendent Cormack to confirm when test purchasing had been carried out in Mr Rafiq’s premises.
Chief Superintendent Cormack confirmed that Mr Rafiq had undertaken two successful test purchases, one on 14 December and one on 27 December 2007.
There being no further questions, the Board adjourned to consider the submissions.
Upon returning the Chair moved that the licence be renewed, which the Board agreed unanimously.
In respect of the Section 31 complaint, the Chair expressed his concern with regard to the incidents reported and stated that the Board actively worked with Strathclyde Police to prevent incidents of this nature. He then moved that the licence be suspended for one month, which was seconded by Councillor Ross.
Councillor John McGhee reminded Members that Mr Rafiq had undergone two successful test purchases and had showed signs of improvement and moved that the licence be suspended for 2 weeks.
The motion was put to the vote and the licence was suspended for 2 weeks by a majority of seven votes to two.
The Chair stressed that Mr Rafiq should be aware of the seriousness of the incidents reported and that the Board may not be so lenient should there be any future reports of a similar nature by Strathclyde Police.
There being no further business, the meeting ended at 12.30pm.
5
Appendix I
EAST AYRSHIRE LICENSING BOARD
DISABILITY DISCRIMINATION ACT 1995
THE DISABILITY DISCRIMINATION(PUBLIC AUTHORITIES)(STATUTORY DUTIES)(SCOTLAND) REGULATIONS 2005
DISABILITY EQUALITY SCHEME – 1ST ANNUAL REPORT JANUARY 2008
6
EAST AYRSHIRE LICENSING BOARD
DISABILITY DISCRIMINATION ACT 1995
THE DISABILITY DISCRIMINATION (PUBLIC AUTHORITIES)(STATUTORY DUTIES)(SCOTLAND) REGULATIONS 2005
DISABILITY EQUALITY SCHEME – 1ST ANNUAL REPORT JANUARY 2008
1. Introduction
1.1 East Ayrshire Licensing Board (“the Board”) is the Board constituted for the local government area of East Ayrshire in terms of the Licensing (Scotland) Act 2005 and also the Licensing (Scotland) Act 1976. The Board is responsible for the administration of liquor licensing and has various other duties in relation to gambling.
1.2 In terms of the Disability Discrimination Act 1995, as amended by the Disability Discrimination Act 2005, the Board has been placed under a general duty when carrying out its functions to have due regard to the need to:-
• eliminate discrimination that is unlawful under the Act; • eliminate harassment of disabled persons that is related to their disabilities; • promote equality of opportunity between disabled persons and other person; • take steps to take account of disabled persons disabilities, even where that involves treating disabled persons more favourably than other persons; • promote positive attitudes towards disabled persons; and • encourage participation by disabled persons in public life.
1.3 In terms of the Disability Discrimination (Public Authorities)(Statutory Duties)(Scotland) Regulations 2005 the Board was placed under a specific duty to prepare and publish a Disability Equality Scheme by 4 December 2006. Although East Ayrshire Licensing Board initially approved a scheme on 9 January 2007, it became necessary to revise the terms of same and accordingly the Boards fully compliant Scheme was finally approved on 12 June 2007.
1.4 A further obligation which has been placed on the Board by virtue of the legislation is the publication of an annual report on the scheme which is required to contain a summary of:- • the steps it has taken to fulfil it’s Disability Equality Duty as detailed within the scheme’s Action Plan; • the results of the information gathering it has carried out; and • the use it has made of the information gathered.
Although the Board’s annual report is required to cover a period of one year from the date of the initial requirement to publish, in light of the circumstances detailed in paragraph 1.3 above, this first annual report effectively only covers a period of six months.
7 1.5 It must also be emphasised that all employees involved with the operation of the East Ayrshire Licensing Board are employed by East Ayrshire Council. Accordingly, the training of such employees in connection with the duties under the equalities legislation will be dealt with under the Council’s Equality Schemes. In relation to Licensing Board members, equality issues formed part of the training provided to them in their capacity as councillors following their election and again is a matter for the Council’s Equality Schemes.
2. The Action Plan
2.1 The Action Plan included in the Boards Disability Equality Scheme included a number of measures which were proposed by the Board for meeting its general and specific duties to promote disability equality but confirmed that, in large part, would be carried out as part of the Council’s corporate measures. However, there were a range of specific actions which the Board undertook to implement in order during 2007/2008 to promote disability equality. The various specific actions and the current status of each are detailed within the table below:-
ACTION CURRENT STATUS Review the scheme annually and report to Implemented by virtue of this report the Board members As part of the annual review process, to have Will be implemented during 2008 and will the scheme considered on an ongoing basis accordingly be included in the annual report in meetings of the East Ayrshire Disability due in December 2008 Forum To request that the Local Licensing Forum Implemented as this issue will appear as a consider the issue of disability equality when standing item at all meetings of the East carrying out it’s functions Ayrshire Licensing Forum Initiate the process to ensure that The Board’s statement of Licensing Policy consideration of the Board’s statements of was approved and issued by the Board by 30 licensing policy are subject to consideration November 2007. A copy of the Board’s and discussion within the East Ayrshire statement has been issued to the Disability Disability Forum Forum Ensure that the East Ayrshire Licensing Forum considers the issue of the promotion Implemented as this issue will appear as a of disability equality in its review of the standing item at all meetings of the Forum Board’s discharge of it’s statutory functions The Scheme will be published and a copy issued to all members of the Board as well as Implemented all staff involved in the administration of the Board The Scheme will be published in the Licensing Board pages of the East Ayrshire Implemented Council website Copies of the Scheme will be made available to members of the public on request Implemented
2.2 In addition to the above specific actions the Board has continued to issue equalities questionnaires to all those persons submitting applications to the Board for the various types of permissions it deals with under the existing legislation. It must however be noted that, despite these efforts, the submission rate for the equalities questionnaire is relatively low and an examination of all returns discloses that no returning applicants describe themselves as disabled.
2.3 A further consideration of the current equalities questionnaire would suggest that a review of the format of same may now be required in an effort to provide for the
8 provision of an enhanced level of information on equalities issues generally. This will be implemented and reported on in the Board’s next annual report.
2.4 As can be seen from the table above the various actions which the Board undertook to implement in terms of the Scheme have broadly been fully implemented and accordingly the Board are meeting the targets detailed within the Scheme.
2.5 As indicated above the Board’s statement of Licensing Policy in terms of the Licensing (Scotland) Act 2005 was adopted and published by 30 November 2007. Within that statement the following provision was included in that:-
“The Board will at all times have due regard to The Disability Discrimination Act 1995 or any subsequent and similar legislation and the need to eliminate unlawful discrimination and to promote equality of opportunity. The Board has adopted a Disability Equality Scheme and Action Plan under the` 1995 Act which is subject to review every three years”
3. Conclusions
3.1 As detailed above East Ayrshire Licensing Board has carried out the various actions as outlined within the Action Plan within the Scheme. However, it must be emphasised once again that this report effectively only covers a period of six months and accordingly must be regarded as a report detailing the Board’s initial steps in the implementation of its general duty.
3.2 Accordingly, it would be intended that the Board simply continue with the ongoing implementation of the various relevant aspects of the Action Plan which, together with an effort to obtain an enhanced level of information from applicants will form the basis of the next annual report which will be due in December 2008.
Councillor Jim Buchanan David Mitchell Chair of the Licensing Board Clerk to the Licensing Board
9 Appendix II
RENEWAL OF LICENCE
Public House
Andrew Filson The Loch Doon 18 High Street 18 High Street Dalmellington Dalmellington
Granted ------
Mohammed Tahir Shimla Tandoori 18 Sprinkell Gate 5 Kilmaurs Road Maxwell Park Crosshouse Glasgow Kilmarnock
The Clerk advised that comments had been received from Building Control in respect of this application, however recommended that consideration of the application be continued to page 4 of the Agenda to be considered together with the application for Permanent Transfer of Licence. The Board agreed. ------
Jack D Stirling Paris Match 30 Oswald Court 7-9 Princes Street Ayr Kilmarnock
Granted ------
The Partnership of Oakhouse Leisure John Brodie The Gate 3 The Square 18 Runnells View 26 The Foregate Cumnock Auchinleck Kilmarnock
Granted ------
Hotel
Senga Campbell Railway Hotel Afton View 232 Main Street Rigg Road Auchinleck Cumnock
Granted ------
10 Oxford Hotels & Inns Management Ltd.Karen McMillan The Portmann Hotel Regus House 1 Beith Road 42 Portland Road Admirals Park Lugton Kilmarnock Victory Way Crossways Dartford
David McDowall, Building Standards Manager, reported on a number of outstanding matters identified at the premises in relation to public safety, namely:-
1. Electrics exposed in cupboard under stairs to be repaired. 2. Storage of goods under stairs to be limited and door to be kept locked. 3. Emergency lighting to be provided to toilets. 4. Smoke seals and intumescent strips to be provided to double doors to dining room/protected zone and double leave doors to toilets. 5. Exit signage to kitchen corridor at exit from dining room indicating final exit to rear and relocated emergency light to bar at foot of stair to indicate direction of rear exit from first floor. 6. Exit at kitchen and various corridors to be kept clear. 7. Clarify repair to ceiling of disabled wc and service penetrations and to maintain fire resistance. 8. Remove sign at dead end corridor. 9. Provide 30 minutes fire resistance to hatch in staff cloakroom. 10. Door to 2nd floor to be upgraded to 30 minutes SCFD, keep locked, clear 2nd floor and sheet rear of stair enclosure to provide 30 minutes fire resistance. 11. Running man signs throughout first floor required. 12. Test certificates for fire alarm and detection system and emergency lighting required.
Mr McDowall advised that all outstanding matters identified with regard to fire safety had been passed to Strathclyde Fire & Rescue for their attention.
Mr Reid Hamilton, Solicitor, appeared together with Mr Cassidy, Director of Scotia Inns & Hotels Ltd. Mr Hamilton explained that Scotia Inns & Hotels Ltd. intended to take over the operation of the premises shortly and had submitted an application to transfer the licence.
Mr Hamilton advised that a complete file, which would address all the concerns with regard to fire safety, had been passed to Mr McDowall for inspection.
In respect of the matters outlined by Mr McDowall, Mr Hamilton stated that items numbered 1, 3, 5, 6, 8, 11 and 12 had been completed and that a joiner was attending at the premises on the day of the Board Meeting to attend to items numbered 2, 4, 9 and 10. With regard to item numbered 7, Mr Hamilton explained that the pull cord within the disabled toilets had become detached, breaking the plaster seal on the ceiling. This area was to be re-skimmed and painted.
Mr Hamilton proposed that his clients contact Building Control to arrange a suitable time for a further inspection to be carried out.
The Board agreed to renew the licence, subject to a satisfactory inspection being carried out by Building Control. ------
11 Entertainment
Partnership of Oakhouse Leisure John Brodie Parkers 3 The Square 18 Runnells View 28 The Foregate Cumnock Auchinleck Kilmarnock
Granted ------
Kilmarnock Leisure Centre Trust David Carey The Galleon Centre 99 Titchfield Street 2 Hunter Road 99 Titchfield Street Kilmarnock Ardrossan Kilmarnock
Councillor Ross and Councillor Cree declared a non financial interest and withdrew from considering the application.
The Board agreed to renew the licence. ------
Caledonian Heritable Ltd Marlene Coleman Top Break 147 Club 4 Hope Street 1 Armour Wynd 3 New Street Edinburgh Dalmellington Stewarton
Granted ------
Off-Sales
Nisa Bellsbank Superstore Ltd Agnes Lesley McDonald News Plus 62 Merrick Drive 56 Craiglea Crescent 8 Main Street Dalmellington Dalmellington Dalmellington
Granted ------
Mohammed Akram Meeloo Superstores 13 Torridon Avenue 59/61 West Main Street Dumbreck Darvel Glasgow
Granted ------
Sukhjinder Kaur Lifestyle 28B Bank Street 92 Titchfield Street Irvine Galston
Granted ------
12 Anwar Rafiq Bonnyton Stores 48 Tiree Place 86A Bonnyton Road Newton Mearns Bonnyton Glasgow Kilmarnock
The Clerk advised that Strathclyde Police had objected to the renewal of this licence on the grounds that the applicant was no longer a fit and proper person to be the holder of a licence. He further advised that a complaint in respect of Section 31 of the Licensing (Scotland) Act, 1976 had also been received from Strathclyde Police on the same grounds.
The Clerk advised that, in agreement with the licensee, consideration of the application for renewal of the licence would be continued to the end of business to be considered together with the Section 31 complaint. ------
Tesco Stores Ltd Phillip Arthur Haggis Tesco Stores PO Box 400, Cirrus Building 29 Ryat Drive 112 Glasgow Road Shire Park, Welwyn Garden City Newton Mearns Kilmarnock Hertfordshire Glasgow
Granted ------
Angelo & Giovanni Bordone Giovanni Bordone Mayfair Café 3 Innellan Drive 3 Innellan Drive 3 Innellan Drive Kilmarnock Kilmarnock Kilmarnock
Granted ------
The Firm of Angelo Bordone Giovanni Bordone Bordone's 3 Innelan Drive 3 Innelan Drive 51B MacPhail Drive Kilmarnock Kilmarnock Kilmarnock
Granted ------
James Burns J & G News 15 Four Acres Drive 4 Townend Kilmaurs Kilmaurs
Granted ------
Thomas Johnstone T Johnstone & Son 57 Holmhead Road 23D Pagan Walk Cumnock Muirkirk
Granted ------
13 Robert Bell Bob's Beers 2 Stratholm Terrace 36 Main Street Newmilns Newmilns
Granted ------
Nisa Bellsbank Superstore Ltd Korena McCreath Costcutter 62 Merrick Drive 18 Hill Crescent 42/44 Dalvennan Avenue Dalmellington Dalmellington Patna
Granted ------
CONFIRMATION OF TRANSFER
Public House
Caledonia Taverns (Osprey) Ltd. Barry McNab Arena 150 Aldersgate Street c/o 17 Fowlds Street 17 Fowlds Street London Kilmarnock Kilmarnock
Granted ------
Off-Sales
Iceland Foods Ltd. Joanne Ruggeri Iceland Foods Ltd. Second Avenue 15 Dundas Walk 15 Fowlds Street Deeside Industrial Park Kilmarnock Kilmarnock Deeside Clwyd
Granted ------
Tesco Stores Ltd. Scott Honeyman Tesco PO Box 400 14 Bellvue Road 2 Fowlds Street Cirrus Building C Alloa Kilmarnock Shire Park Welwyn Garden City Hertfordshire
Granted ------
Marks & Spencer plc. Kathleen Finnie Marks & Spencer Waterside House 32 Gilmour Wynd 72 King Street 35 North Wharf Road Stevenston Kilmarnock London
Granted ------
14 Co-operative Group (CWS) Ltd. Barbara Beck 24 Main Street Robert Owen House 12 Bridge Street Muirkirk 87 Bath Street Muirkirk Glasgow
Granted ------
PERMANENT TRANSFER OF LICENCE
Public House
Mohammed Tahir Shimla Tandoori 18 Sprinkell Gate 5 Kilmaurs Road Maxwell Park Crosshouse Glasgow Kilmarnock
David McDowall, Building Standards Manager, reported on a number of outstanding matters identified at the premises in relation to public safety, namely:-
1. Electrical cables exposed on ceiling of bar area. 2. Management Statement required clearly detailing locking devices on all final exit doors and gates. 3. Insufficient signage on 2nd escape route. 4. Remove wall lights from ladies wc. 5. Renew emergency light in bar above kitchen access door. 6. Exposed cables behind kitchen pantry door to be housed in suitable trunking. 7. Corgi Engineer to inspect gas fire, chimney and gas supply and provide certification. 8. Provide copy of maintenance certificate for fire alarm system. 9. External gutters and downpipes to be replaced and connected where damaged and missing. 10. A protective barrier must be provided at rear elevation between road and building where the difference in height is greater than 600mm. 11. External surfaces to 2nd escape route must be clear and safe to avoid any trip hazards. 12. Check and repair all damaged and missing soffit boards. 13. Remove and make safe exposed electrical cables at side/front entrance.
Mr Tahir appeared before the Board and advised that most of the outstanding work had been completed, with the exception of some of the exterior work, which would be completed by the end of the day.
The Chair referred to the inspection of the gas fire, chimney and gas supply and asked if an inspection had been carried out by a Corgi registered engineer.
Mr Tahir stated that the gas fire was not used and that the gas supply had been turned off.
The Clerk sought clarification as to whether the gas fire had only recently stopped being used or whether it had never been used. Mr Tahir advised that he had inspected the gas fire, decided not to use it and had turned the gas supply off. Mr Tahir undertook to obtain the relevant certificate from a Corgi registered engineer.
The Clerk asked Mr Tahir how long it would take to have all the outstanding works completed. Mr Tahir felt that 1/2 weeks would be sufficient time to have the works completed.
15 The Board agreed to transfer the licence, subject to a satisfactory inspection being carried out by Building Control within 2/3 weeks. ------
John Gourlay Whitehorse Inn 22 Barbieston Road 22 Barbieston Road Dalrymple Dalrymple Granted ------
Pauline Douglas Loudoun Arms 2 Morris Crescent 16 Cheapside Street Hurlford Kilmarnock
Granted ------
Stonemuir Ltd. Maretta Sheach Titchfield Tavern 16/18 Titchfield Street 38 St Maurs Crescent 16-18 Titchfield Street Kilmarnock Kilmarnock Kilmarnock
Granted ------
Suburban Taverns Ltd. Marion Ross Weston Tavern 232 Dumbarton Road 47 Eastpark Drive 27 Main Street Glasgow Kilmaurs Kilmaurs
Granted ------
Glen Vorlich Leisure Ltd. George Vinas The Wheatsheaf Inn 21 Hinton Avenue c/o Lindsays 29 Main Street Hounslow 151 West George Street Kilmaurs Middlesex Glasgow
Granted ------
Janet Smith Empire Bar 90 Pagan Walk 3-7 Glasgow Road Muirkirk Muirkirk
Granted ------
Hotels
Mackinnon Hotels & Inns Ltd. Hamish MacKinnon Kirkton Inn 10 Princes Street 1 Main Street 1 Main Street Thurso Dalrymple Dalrymple
Granted ------
16 Grandiose Investments Ltd. Nigel Underwood The Turf Hotel 40 Rockwell Court 12 Rockwood House 50/52 West Main Street The Gateway Gravel Hill Road Darvel Watford Yate, Bristol
Granted ------
Shafiq Choudhry Maxwood Hotel 2 Barrmill Road 10/12 Maxwood Road Galston Galston
Granted ------
Whitbread Restaurants Ltd. Nicola Ann Watt The Cotton Mill c/o Brunton Miller c/o Brunton Miller Moorfield Roundabout 22 Herbert Street 22 Herbert Street Kilmarnock Glasgow Glasgow
Granted ------
Julcla Ltd. Julie Harrigan The Turf Hotel 51 Eday Crescent 51 Eday Crescent 30 Main Street Kilmarnock Kilmarnock Kilmaurs
Granted ------
Restaurant
Ken & Jo Restaurant Ltd. Kin Hung Cheung 2 Burns Way 2 Burns Way 16 Titchfield Street Kilmarnock Kilmarnock Kilmarnock
Granted ------
Off-Sales
Botterills Convenience Stores Cherrie Laird Spar Store Block 9 20 Lanehead Terrace 69 Glaisnock Street South Avenue New Cumnock Cumnock Blantyre Industrial Estate High Blantyre
Granted ------
Feroz Shah 121 Fleurs Avenue 1A Goatfoot Road Glasgow Galston
Granted
17 ------
Alan Paterson Pricewise Stores 88 Wilson Street 61 Riccarton Road Ayr Hurlford
Granted ------
Botterills Convenience Stores Angela Watters Spar Store Block 9 34 Livingston Court 26 Dean Street South Avenue Kilmarnock Kilmarnock Blantyre Industrial Estate High Blantyre
Granted ------
Botterills Convenience Stores Annmarie Paton Spar Store Block 9 27 Underwood Place 55 MacPhail Drive South Avenue Kilmarnock Kilmarnock Blantyre Industrial Estate High Blantyre
Granted ------
Ali Khan 61/63 Whatriggs Road 24 Colwood Place Kilmarnock Parkhouse Glasgow
Granted ------
Nisar Ahmad Woodstock Stores The Schoolhouse 18 West Woodstock Street Cronberry, Cumnock Kilmarnock ------
Afzal Bashir Hughfield Store 42 Herries Road 1 Hughfield Road Glasgow Mauchline
Granted ------
Botterills Convenience Stores Sharon McClounie Spar Store Block 9 Craig An Dhu 57-59 Afton Bridgend South Avenue Afton Road New Cumnock Blantyre Industrial Estate New Cumnock High Blantyre
Granted ------
18
Mohammad Yasin Food & Wine Cellar 17 Bolivar Terrace 17 High Street Glasgow Stewarton
Mr Hamilton appeared on behalf of the applicant and explained that the sale of this property had not yet concluded. Mr Hamilton hoped that Mr Yasin would have contractual right to occupy the premises by the date set for the Board’s adjourned meeting on 5 February and asked that consideration of the application be continued to that date.
As there was other business to be considered at an Adjourned meeting, the Board agree to continue consideration of the application until 5 February. ------
CHILDRENS CERTIFICATE
Public House
Jack D Stirling Paris Match 30 Oswald Court 7-9 Princes Street Ayr Kilmarnock
Seated Area at Bar
As this application was for the renewal of an existing Childrens Certificate and the application was in order, the Board agreed to grant the licence. ------
The Partnership of Oakhouse Leisure The Gate 3 The Square 26 The Foregate Cumnock Kilmarnock
Lounge
As this application was for the renewal of an existing Childrens Certificate and the application was in order, the Board agreed to grant the licence. ------
Hotel
Senga Campbell Railway Hotel Afton View 232 Main Street Rigg Road Auchinleck Cumnock
Lounge, Dining Room and Function Area
As this application was for the renewal of an existing Childrens Certificate and the application was in order, the Board agreed to grant the licence. ------
19 Oxford Hotels & Inns Management Ltd. The Portmann Hotel Regus House 42 Portland Road Admirals Park, Victory Way Kilmarnock Crossways, Dartford
Top right hand corner in Bar/Diner, Function Room & Beer Garden
As this application was for the renewal of an existing Childrens Certificate and the application was in order, the Board agreed to grant the licence. ------
ENTERTAINMENT BYE-LAW CONSENT
Public House
Tay Limited The Box House The Knowe 1 New Bridge Street 42 Auchinleck Road Cumnock Cumnock
Upstairs Function Hall : Foam Parties
The Clerk advised that the applicants had been cited to appear before the Board to explain how foam parties operated.
Mr Scott Giraldis appeared on behalf of the applicants and explained that a protective mat was placed on the floor and foam was sprayed on to the mat from a machine. He submitted that the company who provided the equipment for the foam parties were fully insured and that the events would be properly stewarded with first aiders present. All drinks would be decanted into plastic glasses for the event.
The Board agreed to grant the licence. ------
John Gourlay White Horse Inn 22 Barbieston Road 22 Barbieston Road Dalrymple Dalrymple
Bar Lounge : Background Music, Dominoes, Karaoke, Bands, Quiz, Sky T.V.
Granted ------
Morag Dawson The Smugglers Inn 57 Kilwinning Road 79 High Street Stewarton Stewarton
Main Bar Area : Live Bands
Granted ------
20 REGULAR EXTENSION OF PERMITTED HOURS
Public House
Douglas Aitken Boswell Arms 13 Darnlaw View 2 Coal Road Auchinleck Auchinleck
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Olive Winning Brewery Bar 36 St Germain Street 32 St Germain Street Catrine Catrine
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Elizabeth Robson Craighead Inn 16 Herdston Place 7-11 Glaisnock Street Cumnock Cumnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Trustcare Properties Ltd T.C.'s Eclipse House 18 Glaisnock Street Lugar Industrial Estate Cumnock Cumnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
21 L & H Partners Doon Tavern c/o 1 High Street 1 High Street Dalmellington Dalmellington
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Andrew Filson (Provisional) The Loch Doon 18 High Street 18 High Street Dalmellington Dalmellington
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Albert Anderson Black Bull 26 West Main Street 24 West Main Street Darvel Darvel
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Thomas Stewart The Horseshoe Inn 81 West Main Street 79-81 West Main Street Darvel Darvel
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
The Fongs Property Poachers Rest 17 Riccarton Road 17 Riccarton Road Hurlford Hurlford
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
22 Catherine Aitken The New Murray Bar 2 Munro Avenue 30 Central Avenue Kilmarnock Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Loudoun Arms Limited Loudoun Arms 28 Marina Road 16 Cheapside Street Prestwick Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Kirkmill Ltd The Howard Arms 5-7 Glencairn Square 5-7 Glencairn Square Kilmarnock Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Costley & Costley Hoteliers Ltd The Cochrane Inn Lochgreen House Main Road Monktonhill Road Gatehead Troon Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Lynn Clark Peanutz Lounge Bar 31 Blair Avenue 24a Nelson Street Hurlford Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
23 Elizabeth Lyle The Ballochmyle Inn 5 Pollocks Way 5 High Street Mauchline Mauchline
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
David Birrell Stair Inn c/o Stair Inn Stair Stair, By Mauchline By Mauchline
Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Christine Lowe Crown Bar 21 Riverside Gardens 77 Main Street Cronberry Muirkirk Cumnock
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Muirkirk Caravan Park 2004 Ltd Muirkirk Caravan Park Club 101 Conniscliffe Road Muirkirk Caravan Park Darlington Furnace Road County Durham Muirkirk
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Marion McKenna Leitch The Loudoun Arms 10 Brown Street 69 Main Street Stewarton Newmilns
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted
24 ------
The Green Shutters Ochiltree Ltd The Green Shutters 90 Main Street 90 Main Street Ochiltree Ochiltree
Sunday - Thursday 11pm – Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
The Clerk reminded the Board that these premises were granted a public house licence in June 2007. As the application had attracted objections at that time, the regular extensions were granted only for Friday and Saturdays until 1am and Sunday afternoons between 2.30pm and 6.30pm, for a six month period to allow the premises to be monitored. The Clerk advised that no complaints had been received since the granting of the licence.
In the absence of any objections or representations, the Board agreed to grant the extensions as sought. ------
Morag Dawson The Smugglers Inn 57 Kilwinning Road 79 High Street Stewarton Stewarton
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Hotel
Nicola Jane Campbell Dumfries Arms Hotel 24 Glenshamrock Drive 54 Glaisnock Street Auchinleck Cumnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 11am - 12.30pm 2.30pm - 6.30pm Granted ------
John Goudie & Sarah Carruthers Mercat Hotel 23 Barrhill Road 40-42 The Square Cumnock Cumnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 11am - 12.30pm 2.30pm - 6.30pm Granted ------
25 Morton Inns Ltd Broomhill Hotel Countdown House 57A London Road 33 Townhead Kilmarnock Kilmarnock
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Oxford Hotels & Inns Management Ltd. The Portmann Hotel Regus House 42 Portland Road Admirals Park Kilmarnock Victory Way Crossways Dartford
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Partnership of Bryan & Andrew Lynn & Barbara Love The Crown Hotel c/o The Crown Hotel 152-154 Main Street 152-154 Main Street Newmilns Newmilns
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 11.30am – 12.30pm & 2.30pm - 6.30pm Granted ------
Restaurant
Kwok Hey Liu Jade Flower Restaurant 40 Bute Road 12 Glaisnock Street Cumnock Cumnock
Monday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
26 Riverside Restaurants Ltd Little Chef 15 Whitcomb Street Bellfield Interchange London Bellfield, Kilmarnock
Sunday 2.30pm - 6.30pm
Granted ------Entertainment
Gala Leisure Ltd Gala Club New Castle House 74 Portland Street Castle Boulevard Kilmarnock Nottingham
Saturday 11pm - Midnight Sunday 2.30pm - 6.30pm
Granted ------
The Kilmarnock Football Club Limited Kilmarnock Football Club - Park Suite Rugby Park Rugby Park Rugby Road Rugby Road Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday to Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
John Lawrie Big Break Snooker Club 10 Gilmour Street 50-52 Titchfield Street Stewarton First Floor Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Kilmarnock Leisure Centre Trust The Galleon Centre 99 Titchfield Street 99 Titchfield Street Kilmarnock Kilmarnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
27
John Schaffer Pyramid Snooker Club 5 Howard Park Drive 12A West Langlands Street Kilmarnock Kilmarnock
Sunday to Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 11am – 12.30pm & 2.30pm - 6.30pm
Granted ------
Registered Clubs
Morton Wright Auchinleck Talbot FC Supporters Social Club 102 Main Street Beechwood Park Auchinleck Auchinleck
Sunday to Thursday 11pm - Midnight Friday and Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
James Littlejohn Cumnock Juniors FC Social Club 46 Holmhead Road Townhead Street Cumnock Cumnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
James Walker Darvel Masonic Club 2C West Campbell Street 37 West Donnington Street Newmilns Darvel
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
28 Leslie Brown Crosshouse Bowling Club 51 Hunter Road Busbie View Crosshouse Crosshouse Kilmarnock Kilmarnock
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
William Barnaby Kilmarnock Rugby Football Club Towerhill Lodge Queens Drive 29A Crosshouse Road Kilmarnock Kilmaurs
Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
Craig Montgomery Kay Park Bowling Club 75 Barclay Drive Strawberrybank Road Kilmarnock Kilmarnock
Sunday - Friday 11pm - Midnight Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
James Sharpe 1398 Masonic Social Club 9 Fenwick Road 22 Main Street Kilmaurs Kilmaurs
Sunday - Wednesday 11pm - Midnight Thursday - Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
James Gibson New Cumnock Working Men's Club 8 Westland Drive 103 Afton Bridgend New Cumnock New Cumnock
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
29
Margaret Steele Afton Lily Social Club 32 Loch View 12 Polquheys Road New Cumnock New Cumnock
Sunday to Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
John Kilpatrick Stewarton Bowling Club 25 High Street 1B Dunlop Street Stewarton Stewarton
Sunday - Thursday 11pm - Midnight Friday & Saturday 11pm - 1am Sunday 2.30pm - 6.30pm
Granted ------
PROVISIONAL GRANT OF LICENCE – 26(2)
Off-Sales
Alan Gillespie c/o Mackintosh & Wylie Meiklewood Road/Amlaird Road 23 The Foregate Kilmarnock Kilmarnock
Mr Fullarton, Solicitor, appeared before the Board, together with Alan Gillespie.
Mr Fullarton submitted that these premises were new premises to be constructed and would form part of a development which would include other shops. He explained that the development area was a former shopping centre which had been demolished. His client had tendered for the contract for the new development, had been successful and planning consent had been granted.
Mr Fullarton submitted the applicant had considerable experience in the licensed trade and had previously owned 17 licensed stores. He then moved that the licence be granted.
The Clerk referred to the plan of the area which had been prepared to showing a 300m and a 500m radius from the application premises and advised that there were no licensed premises within either a 300m or 500m radius.
In the absence of any objections, the Board agree to grant the provisional licence. ------
30 PROVISIONAL GRANT OF LICENCE – 26(1)
Public House (with Sunday opening)
James Whiteside Bridgend Inn 21 Mansfield Heights 32-36 Afton Bridgend New Cumnock New Cumnock
The Clerk explained that this application had been submitted to allow the applicant to extend the existing licensed premises into a derelict building next to the premises.
As Mr Whiteside was not present, nor was he represented, the Board agreed to continue consideration of the application to the adjourned meeting on 5 February. ------
GRANT OF LICENCE
Off-Sales
Wine & Dine Philippe Bebin 42 Barnweil Drive 42 Barnweil Drive 42 Barnweil Drive Hurlford Hurlford Hurlford
The Clerk explained that a licence could only be granted to an individual or a company/partnership. He then sought clarification as to who would hold the licence.
Mr Bebin appeared before the Board and confirmed that the licence should be held in his name, trading as Wine & Dine. Mr Bebin continued that Wine & Dine were a catering company and that the licence was sought to allow him to apply for occasional licenses to provide alcohol. He stressed that no alcohol would be sold from the premises.
The Board agreed to grant the licence subject to the condition that no alcohol would be sold directly or stored within the premises.
------
S H Waqas Trader (UK) Ltd. Sajid Hussain St Enoch News c/o Carruthers Curdie c/o Carruthers Curdie 9 Burns Mall Sturrock & Co Sturrock & Co Kilmarnock 1 Howard Street 1 Howard Street Kilmarnock Kilmarnock
Mr Hamilton appeared on behalf of the applicants and asked if consideration of the application could be continued to the Board’s adjourned meeting on 5 February. He explained that an error had been made in the application submitted to the Board and that the company who were entitled to occupy the premises were S H Waqas Trader Ltd. Mr Hamilton submitted that, on the assumption that the Board would agree to continue consideration of the application, he had re-advertised the application to comply with the statutory timescales, showing the correct applicant company.
The Board agreed to continue consideration of the application to the adjourned meeting on 5 February. ------
31 Muhammad Anees News Buster 169 Kings Heath Avenue 25 Titchfield Street Glasgow Kilmarnock
Mr Anees appeared before the Board to speak in support of the application.
The Clerk advised Members that no objections to the application or representations had been received.
Mr Anees submitted that the premises currently operated from 7am until 10pm and that he had recently passed a certificated licensing course, but awaited his certificate.
The Clerk explained the Board’s Voluntary Code of Practice for off-sales premises and asked if Mr Anees would be willing to sign up to the code. Mr Anees confirmed that he would be willing to sign up to the Voluntary Code.
The Clerk directed the Board to a plan which had been prepared showing the number of licences premises in a 300m and a 500m radius.
The Board adjourned to consider the application.
Upon returning the Chair stated that having considered over provision, he moved that the licence be granted. This was seconded by Councillor Campbell.
The licence was granted unanimously.
The Clerk reminded Mr Anee to forward a copy of the training certificate to his office once obtained and undertook to forward details on the Voluntary Code of Practice to Mr Anees. ------
32