AGENDAI'IEMNo, 10 247

ARGYLL AND BUTE COUNCIL COUNCIL MEETING CORPORATE AND LEGAL SERVICES 17& December 1998

BYELAWS TO PROHJBIT THE CONSUMPTION OF ALCOHOL WITHIN DESIGNATED PLACES IN

1. SUMMARY

1.1 The purpose of this report is to seek Members approval to make byelaws to prohibit the consumption of alcohol within designated areas of the places listed below: -

Bute and Cowal Dunoon Rothesay

Helenqburnh arid Lomond Arrochar Cardross Duck Bay - Arden Garelochhead Helensburgh Kilcreggan RhU Rosneath

Mid Arpvll, Kintyre and Islay Lochgilphead Port Ellen

Oban, Lorn and the Isles

2. RECOMMENDATTON

2.1 That no exemption, other than 6pm un 31" December to 6am on lStJanuary, for any particular event be included in the byelaws. z 2.2 That Members resolve to make byelaws to prohibit the consumption of alcohol within designated areas of the places referred to in paragraph 1 above in accordance with the proposed byelaws attached hereto.

2.3 That the Head of Legal Services be authorised to initiate the formal procedure, in terms of the Local Government () Act 1973, to have the byelaws confirmed by the Secretary of State. 25 0

2.4 That the Head of Legal Services be authorised to constitute a group, consisting of one Member from each of the four Area Committees and appropriate officials of the Council and Strathclyde Police, in order to promote public awareness of the introduction of the byelaws.

2.5 That a Sub-Committee consisting of the Chairman and Vice Chairman of the Policy and Resources Committee and the Chairmen of each of the Area Committees be established for the purpose of revoking the 1997 byelaws and dealing with any associated matters.

3. BACKGROUND

3.1 Members will recall their decision on 13'" March 1997 to introduce byelaws to prohibit the consumption of alcohol within designated areas of Dunoon, ;. Lochgilphead, Oban, Port Ellen on Islay and Rothesay (the 1997 byelaws). These were confirmed by the Secretary of State and came into effect on 7* July 1997.

3.2 The 1997 byelaws have been generally regarded as a great success with the police reporting a much friendlier and less intimidating atmosphere on the streets where they apply. In light of this and support from local Community Councils and Strathclyde Police the Helensburgh and Lomond Area Committee have recommended that byelaws be made for 8 designated areas within their area and the Mid Argyll, Kintyre and Islay Area Committee have recornmended that byelaws be made for Campbeltow n.

3.3 Members may recall that at the time they made the 1997 byelaws they were informed that the designated areas would be kept under review by Strathclyde Police in order to determine if any of the areas required to be extended. As part of the process of preparing new byelaws the police have been consulted in this regard and have recommended that the designated areas for Oban and Rothesay be extended. These recommendations have been accepted by the appropriate Area Committees. a 3.4 The Council's existing byelaws contain an exemption from 6pm on 31" to 6am on lSt January in order to take into account Hogmany/New Year celebrations. The Scottish Office takes the view that it would be unreasonable to expect the police to enforce the byelaws on such occasion. It is therefore recommended, in paragraph 2.1 above. that a similar exemption be included in the new byelaws.

3.5 Publication of the byelaws, as confirmed, is of considerable importance since due publication must be made if the byelaws are to become operative. It is therefore recommended to constitute a group, as specified in paragraph 2.4 above, in order to consider ways of promoting public awareness of the introduction of the byelaws especially for the new areas and the areas which are to be extended.

3.6 The Scottish Office has advised that it would be preferable, for administration purposes, to have one composite set of byelaws rather than two independent sets. It is therefore recommended, in paragraph 2.5 above to appoint a Sub-Committee to make the necessary arrangements to revoke the 1997 byelaws in the event of the new byelaws being confirmed by the Secretary of State.

3.7 In order to become legally effective the byelaws must be made by the Council and confirmed by the Secretary of State in accordance with Sections 201, 202 and 203 of

2 the Local Government (Scotland) Act 1973, as amended by Section 110 of the Civic Government (Scotland) Act 1982. The main features of the procedure are as follows:-

(a) At least one month before application is made for confirmation of the byelaws, notice must be given in a newspaper circulating within the area where the byelaws are to have effect, stating where the byelaws may be inspected and that the Council intend to apply €or confirmation of the byelaws after that time. The notice must advise the public of the right to object to the byelaws within one month of the date of the notice, and the notice must state that the objection should be sent to the Secretary of State.

A copy of the byelaws must be deposited during this period at the offices of the Council and must be made available for inspection there by the public.

The Secretary of State may, if objections are made and not withdrawn, at his discretion, order that a Public Local Inquiry should be held to hear the case for and against the byelaws. The Secretary of State may direct that the Inquiry should be held by a Sheriff. If a Public Local Inquiry is held, the Secretary of State must take into account the findings of such Inquiry before deciding whether or not to confirm the byelaws.

After the byelaws have been confirmed, notice that the byelaws have been confirmed must be published, by the Council, in a newspaper circulating within the area where the byelaws are tu have effect.

A copy of the byelaws, as confirmed, must be printed and deposited at the Council offices and must be available for inspection there by the public without payment.

4.

4.1 If Members approve the proposed byelaws then the procedure to have the byelaws confirmed by the Secretary of State will be initiated as soon as possible. It will then be a matter for the Secretary of State to consider any objections which are received and to determine if appropriate, the date on which the byelaws will become legally effective.

4.2 If the Secretary of State confirms the byelaws then the Sub-Committee appointed in terms of paragraph 2.5 above will make arrangements to have the existing byelaws revoked so that there is one composite set.

5. IMPLICATIONS

Legal: If the byelaws are confirmed by the Secretary of State then it will be a criminal offence, punishable by a fine not exceeding 2500, to consume alcohol within any of the designated areas specified in the byelaws.

Policy:

Financial: Initially costs of advertisements in local newspapers and latterly cost of erecting one or more signs adjacent to the areas subject to the byelaws estimate 22 - 3,000. Personnel : None

Equal Opportunity: None

Susan Mair Head of Legal Services

For further information contact: Mr P Westcott Tel: 01546 604279

4 253 THE ARGYLL AND BUTE COUNCIL

BYELAWS PROEURITING THE CONSUMPTION OF ALCOHOLtIC DNNK IN DESIGNATED PLACES

THE ARGYLL AND BUTE COUNCIL (hereinafter referred to as "the Council") in esercise of the powers conferred upon it by sections 201, 202 and 203 of the Local Government (Scothd) Act 1973, and of all other powers enabling it in that behalf, hereby makes the following byelaws: -

Interpretation and Applicatioii

In these byelaws, unless the context otherwise requires -

"alcoholic liquor", "licensed canteen", "licensed premises" arid "registered club" have the 5me meaning as in the Licensing (Scotland) Act 1976;

"designated place" means any place to which the public have access within the areas specified in the Schedule 10 these byelaws;

"heel he'' means that part of the footpath furthest away from the roadway.

These byelaws shall not apply -

(a) on 31 December, from 6pm until the end of that day; and

(h) on 1 January, until 6am.

* Offence

2 Subject to paragraphs (2) and (3) of this byelaw, any person who consumes alcoholic liquor in a designated place shall be guiity of an offence and liable on su~nmaryconviction to a fine not exceeding level 2 on the standard scale.

_. L (2) It shall not be an offence against these byelaws to do anything in any designated place which is a licensed canteen, licensed premises or a registered club.

(3) It shall not be atl offence against thesc byehws to do anything in my designated place in respect of which there is in operatioii

an occasional licence in terms of section 33(.1) or (2) of the Licensing (Scotland) Act 1976; or

an occasional permission in terms of section 34(1) of that Act

(luring any period whcn nlcofio!ic lii~uorii~ny bc sold lhcre by vifliic of Lhat licence or, ;IS the cme tnay be, permission aiid for 15 minutes after the expiry of stich peiiocl. Presumutions

3 (1) This byelaw applies for the purposes of any trial for an offence against these byelaw

(2) Any liquid found in a container shall, subject to thc provisioiis of this byelaw, he presumed to conform to the description of the liquid on the container.

(3) A container which is found to contain -

(a) no liquid; or

(b) insufficient liquid to perrnit analysis

shall, subject to the provisions of'this byelaw, be presumed to have contained at thc time of the alleged offence liquid which conformed to the rlcscription of the liquid on the container. * (4) A person shall not be erititled to lead evidence for the purposc of rebutting 7. presumption mentioned in paragraphs (2) or (3) above unless, not less than 7 days before the date of the trini. he has given notice to the prosecutor of his intention to do so.

Public Notices of Effect

4 (1) The Council shall erect one or ftiore signs at, or reasonably adjacent to, each designated placc for the purpose of giving notice of the effect of tlic byelaws.

(2) It shall be no defence in proceedings against a person for an offence under these byelaws that the Council failed to comply with paragraph (1) of this byelaw.

U 255

SCHEDULE

I3IJTE ANI) UOWAL

DUNOON

At1 of the public area within that part of the town of Dunoon. including the pier coloured in red. sho\\-n \vitliin the line delineated in red on the plan marked ”Plan A” annexed to and forming part of these Byelaws arid bouiided as follows: -Coiiiinencing at a point on the mean Ioic water springs line (her-eiriafter referred to as the “PVILWS line“) directly in line with the heel line of the northeast pa\.ement at Queens Street, there tuni s~~iitliwest~~~arctsthcn southwards then iwstit-ards and then joLltl1 southwestwards arid continue along thc MLWS ‘line relative to the East Bay and West Bay to il point on tlie MLWS line directly opposite a point 011 the heel line of the west footpath at Bull~sood l

ROT ME S A Y

.\I1 ot the pirblic area witliiri that part of tlic tokvn of Iiotliesay, including the piers and poiitooiis coloured in red, sho\vii within the lint. cte!iiiealect iii rccl on tlie plan marked “Plan B” ,iiirie\cd to oiid fnrminp part of thcse 13yelnws ;iud twrlrrrlccl ;is follows.- Corii~ncncingat the south 2 west corner of the jonction of l-ligh Street and an open piece of ground and at the heel line of the footpath oii tliu east side of High Street turri south aid coiitiiiue along the heel lint of tlle east footpath at High Street to Ipoint directly in line with the heel line of the south southe~stfootpatli at Stuart Street. there turn west soutliwestwards then westwards and colltinue along the lice1 line of the south southeast and south footpaths at said street and in a straight line across King Street, respectively, to a point 011 tlie heel line of the west footpath at King Street, there turn north northwestwards and continue along the heel line of the west footpath at said street to the south corner of the junction with Queen Street, there turn westwards and continue along the heel line of the south footpath at said street and in a straiplit line across Ladeside Street to a point on tlie heel line of the southwest footpath at Ladeside Street, there turii north north~vestwardsand continue along the heel line of the southwest footpath at said street to the sotitti corner of thc junction with Bridgend Street, there turn northwestwards and continiic in a straight line across Rridgend Street to a point 011 the heel I ine of t 11 e no ith wes t fo ot pat li at B 1, id ge I 1d Street , t 11 er e turn 11o it1I cnstw ards then no ith north e astw ard s and thcn north iioi~tliwestwardsand continric along the hecl linc of tlie iiortliwest rind \vest nnrth\vesl footpaths at said street aiid then in a straight line across Montague Street arid along the heel line OF the west southwest footpath at the Gallowgate to the northwest corner of the junction with Argyll Street, there turn northwestwards and continiie along the heel line of the southwest footpath at Argyll Street to tlie soritli perimeter of tlie curtilage of tlie Pavilion Hall. there turn weshvards and theii northwards and cotitinue along the south aid west perimeters of the curtilage of said hall. respectively, and then iii a straight line to a point on the heel line of north footpath at McKiiilay Street, there tiirn eastwards and continue along the heel line of the north footpath at said street and then in a straight line across AI-gyII Sheet tu a point on the seaward side of Argyll Street, thcre turn gencrally soutlbeastwards. then east southeastws,nrds. then suuthwards then eastwards atid then northcastwards and continue along tlw seaward side of Argytl Street, the Esplanade. Albert Place anti East Princes Street, and in doing so the perimeters of the piers aiid pontoons shown coloured iii red on tlie said “Plan B”, respectively, to a point directly opposite a point on the heel line of the southeast footpath at East Princes Street, there turn southeastwards and continue in a straight Iine across East Princes Street to a point on the heel line of the southeast footpath at East Princes Street, there turn southwestwards theu southwards and continue along the heel line of the southeast and east footpaths at East Princes Street and Bishop Street and then in a straight line across Castle Street to a point on the heel line of the south southwest footpath at Castle Street, there turn west northwestwards then westwards and continue nloiig the heel line of the south southwest aiid soutli footpaths at Cnslte Street. respectively, to the noi-thcnst corner of an open piece of grouiict, tlierc turn southwards theri westwards and continue aloiig the east and south edges of said piece of‘ ground returniiig to the southwest coriier of the junction of High Street and an open piece of ground.

HELENSBURGH AND LOMOND ARROCHAR

All of the public area within that part of the settlement of Arrochar. including tlie Pier coloured in red, shown within the line delineated in red on the plan niarlted “Plan C” mnesed to and forming part of tliese Byelaw and bouiided as follows: - Commeucing at a point on tlic ineaii low water spring line (hereinafter refei-recl to as the “MLWS ‘‘ lino) directly opposite ;I point 011 the iiorthwest cdge of thc Railway Track lying to the south of Arrocliar. there turn south southeastwards ,ind coiitiiiuc in a straight I iiie to a point oii the noitliwest cdge of’ said track, there turn generally norrheastwards and continuc along the northwest edge ol‘said track to a point directly in line with the heel line of the north northwest footpath at the A83(T) Road. there turn generally west southwestwards and continue along tlie north northwest footpath of said road, then the iiortli northwest and west northwest edges of a11 access road encircling the Arrochar Outdoor Centre and then along the north northwest edge of the AX3(T) Road to a point directly in line with the south soditvest edge of a track, there turn north 257

3

!iorthn estnfards and coiitjiiue in a straight line to the south southwest edge of said [rack. there tun1 wst nc~rrhwvestwards.tlieii north northwestwards arid then generally northwards and contirlue along the generd southwest and wcst edges of said track to a point directly in line with the south perilneter of the curtilage of Glenloin Caravan Park, there turn west northweshvards arid continue in a straight line to :I point 011 the heel line of the northwest footpath at the A83(T) Road. there turn generally not-th nc~r-rhwestwardsand continue along the heel line of tlie north west footpath at said road then along the jotIt11, east and north perimeters of the curtilage of the garase and then alonz the northeast edge of said road to a point directly in line with the southeast edge of Loin k\'ater. there turn genernll! north northeastwards and continue along the getieral southeast edge of said water to a point dii-ectl!. in line with the north nortlierist edge (-IF an access road, there turn \vest nc7rtli\\..est~~~ar.ds,tlien southn.t.stwards, then generally westwards and theii south southwestwxds and continue along tlie no[-th northeast, iiorthwest, north atid west nortliwest edges cif said access road. respectively, to a * point on rht: northwest edge of the A83(T) Road, there turn southwesm.ards and continue along the northwest edge of said road to a point directly opposite a point on the MLWS line, there turn southeasmards and continue in a straight line to a point on the MLWS line. there turn north northeasnvards, then generally east southeastwards and then generally south sout1in:estwards and continue along the MLWS line (and where there is a break therein continue in a straight line to the nest point tliereoii), returning to a point on the MLWS line directly opposite a point on the northwest edye of the railway track.

All of the public area within that part of the scttlement 0.f Cardross shown within the line delineated in red 011 Clit: plan marked ".Plan 0'' annexed to and forming part of these Byelaws and bounded as follo\yj: - Coinniencing at a point on the mean low water spring line (hereinafter referred to as the "ML\\'S" line) directly opposite a point on the heel line of the northeast footpath at the A814 Road, as it approaches Cardross from tlie east, there turn generally northwestwards and continue along the ML\VS line (and where there is a break therein continue in a straight line to the nest point thereon), to a point directly in line with the west edge of a track? there tLirn northwards and continue aIong the [vest edge of said track to a point on a path leading to the A8 14 Road, there turn iiurth northeastwards and continue dung said path and then in n straight linc acro~sthe AY I4 Road to a point 011 the heel line of the northeast footpath at said road, there turn sotitlieastwards and continue along the heel line of the nonheast footpath at said road to the northwest pcrimetcr of the curtilagc of Geilstoti Hall, there turn north northeastwards and coiitinue along tlie said perimeter to a point on the medium filium of tlie GeiIston Burn, there turn generally northwards aid continue along the medium filium of said bum to a point directly opposite a point on the northwest edge of Barrs Road,.there turn east southeasnvards and continue in a straight line to 3 poiiit on the northwest edge of Barrs Road, there turn north northeastwards and then generally eastlvards and continue along the northwest and north edges of said road, respectively, to a point on the north ed~geofa track running through Cardross Golf Course. there turn generally eastwards then sorrtheastwards and continue aloii_e the north and southcast edges of said trac.k to a point OII die east edge of Cnrnan tIo;icl, there turn southw;irds and tlieii wurh\\.estwards and continue along tlic cast aiic1 suiillrenst edges of' said r-and, respectively, to a point directly opposite a point on tlie southeast edge of tlie I-uad Icading to the property known as Craigend. there turn southcastwards aid cotitinue in II straight line to a point on the southeast edge of said road. there turn southwestwards and continue along the southeast edge of said road to a point on the heel line of the northeast footpath at the A814 Road, as it approaches Cardross from the east, there rilrn southeastwards and continue along the heel line of said footpath to a point directly opposite a point on the MLWS line. there turn soiitliwest\\.;lrds a!id continue in a straight line returning to a point on the MLWS line. 258

DUCK BAY - ARDEN

All oftlie public area within that part of the settleinclit of Arden. including the jetties coloured in red, shown within the linc deli~~eatediii red oii the plan marked irI’laii E” annexed to and forming part of tlicse Byclaws mid bouiided as follo\vs: Coinii~encIngat a poiiit 011 tlie west south\\-estcdge of the A82 Road and on the bouiidar>- line between Argyll and Bute and Councils, there turn generally north iiorthwestwards and contin tie along thc west south\vest and southwest edges of the said road to a point directly in line with the entrance to Loch Lomoiid Castle Lodges. there turn generally iiortheastwards and continue in a straight line to a point on the shore line of Loch Loiiiond, there turn generally southeastwards and continue along tlie said shore fine to the point where it meets the boundary line between the said Councils, there turn geiierally southwestwards and continue along said boundary line returning tu a point 011 the west southwest edge of the A82 Road.

G AKELOCHEIE AD

All of the public area I\ ithin that part of the settlement of Carelochhead sho\rn within the line delineated iri red oti tlie plan marked “Plan F“ annexed to and forming part of these Byelaws and bounded as follows: - Conitiiencing at n point 011 the nieaii low water springs tine (hereinafter referred to as the “MLWS” line) directly opposite a point on the west southwest edge of the AS 14 Road, as it approaches Gareloclihead from the south, there turn noithwards then generally westwards and then southwards and continue along the MLWS 1i1ie to a point directly opposite a point on the west edge of the I3833 Road, there turn westwards and continue in a straight line to a point on the west edge of said road, there turn iior-thwards then north eastwards and then generally northwards and continue along the west and north west edges of the H833 Road and then the general \vest edge of Whistlefield Road, respectively. to tlie southwest corner of the at Whistlefieid, there turn eastwards and continue in a straight line to a point on the southeast corner of said roundabout. there turn generally southeastwards and continue along the general southwest edge of the AS 14 Road to the northwest corner of the roundabout at Faslane, there turn southwards and continue in a straight 1 ine to the southeast corner of said roundabout, there turn westl5,ards and conthue in a straight line to the southwest corner of said roundabout, there turn generally iiortliwestwards, then westwards atid then north northwestwards and continue aloi’lg the southwest, south and west soutliwest edges of said road, respectively, to a point directly opposite a point on the MLWS line, theturn westwards and coiitinue in ii straiglit line returning to a point on tlie MLWS line.

HELENSBURGH - RHU

All of the public area u.ithin that part of the town of Helensburgh and settlement of Rliu, including the pontoons coloured in red, shown within the line delineated iii red on the plan marked “Plan G“ annexd to and forming part of these Byelaws and bounded as follows: - Commencing at a point on the mean low water springs line (hereinafter referred to as “the MLWS” line) directly in line with tlic southeast edge of Moore Drive, therc turn generally noi-thwestwards and continue along the MLWS line (and where there is a break thereiii continue to the next point thereon), to a point directly in line with the iiorthwest edge of a single track road at ArducIl (Rliu), there turn east northeastwards nd continue iii a straight line to a point oii the iiorthwest edge of said road, there turn genetally northenstwards and continue along the geiieral nortli~vestedge of said road to a point directly in line with the southnest edge of the railway track, there turn generally southeastwards and continue along the southwest edge of said railway track to a point directly III line with the west nonti\.test perimeter 01‘ the dwellinghouses situated at Blackhill Drive. there turn iiortli northeastwards, then north north westwards and contiiiuc along tlie west northwest and southwest perimeters of said dwellinghouses. 5 r-espccti\.el>.,10 ;i point on the nortlwest pcriiiictcr OF tlic dwulliiigliouses siluntcd at Kellnedy Drive. ~Iici~turn twth nurtlieasnvards aiid tlicii oxt soutliunstwards ;Ind continue along the nortIi\vest and iiorrli iiortlieast periineters of said dwcllingliciuseu. respectivcly. and thcn continue east south rtIi\\.estperimeters of said dwellinghouses, respectively. to a point on the east edze of Drumfork Burn. there turn generally south southwestwards aiid coiitinue along the east edge of riic said burn to n point iii line with tire general north peiiiiieler of the dwellinghouses l‘onning pan of the hi!-hliiicliael Estate, thew t.\iix generally east.wnrds and continue along said perimerei- to x point 011 [lie norrhenst perimeter of said d~\.ellitipliotises.ihei-c turn southeastwards aid cootitiue along said pcr-itneter to a point on the gencral sotitli southwest perilneter of said clweIling[inuses, llrere turn LTCI~CKIIIJ. soiitIiwcst\~ai~tlsand contillire nloiig said pcriiiieter to ;i point oii the liccl line of the north noi-tlie;ist footpath at tlie ASI4 J

KILCREG GAN

,411 of die public area within that part of the settlement of KiIcreSgan. including the Pier coloured in recl. sliown withiii the line delineatcd ill red on the plan [narked “Plan H”annexed to and forming part c~fthese Byelaws aiid bounded as follows: - Comniencing at n point on the mean low water springs line (,hereinalter referred to as the “MLWS line”) directly clpposite :I point on the northeast edge of Fort Road, there turn generally westwards and then northwestwards and continue along the MLWS line to a point directly in line with the heel line of the north northwest footpath at School Road, there turn northeastwaids arid continue in a straight line to a point on the heel line of the northeast footpath :it Barber Road, there turn geiierally south southeastwards and then generally eastwards arid continue long the heel line of the northeast and general north footpath at Barber Road to a ‘point directly L>ppositca poiiit on the soutlieast edge of’ Rosiieatli lioad. there turn southeastwards and continue in ;I straight line to a point 011 the soutlicnst edge oC said roncl, tiiere turn generally sonthwestwtirds and ioiitiiriic nlorig the southeast edge of said I-ond to n point diwctly iii linc with the riorrtieast perinleter c)f the cuitilage of the gar;ige, there turn sc~iithe:istrvards and continue in a straight lirie to a point on [lie northwest edge of Fort Road, there turn nortl~eamvnr~lstlien southeashvards and continue along the northwest and iiortheast edges of said road, respectively, to a point directly opposite a point on the ltiLWS line, there turn south\vestwards and continue in a straight line returning to a point 011 the \ILi\..’S line.

ROSNEATI-I

Ill cif tlic public arca kvithin that pnrt of tlic settieimiit d Rostieatli, inclriding the pontoons coloured in rcti. ~IIOWII within the !in, delincatcd in red oti the Plati iiiiirked “Plari I” aiincxed to and forming \?;lit of tliesc Byelaws and bo\indctl as follows: - Coninieiicing at n point 011 11ic tne;rti low watcr springs line (Iiereir-taftcr referred to as tlie “MLWS line”) dirrctiy opposite a point on tlie heel line of [lie southwest footpath at Rosneath Road, :is it approaches Ihneath from the south. there turn west s~iitlr\\estwartlsand coiitiniie in a straight line to a point on tlic liecl line of the soiithivest footpath at Rosneath Road, there turn north not-tliwcst\vards and continire along the heel line of the sonthwest footpath at said road to a point 011 tlie south southeast edge of a track, there turn west south >.\est\\nrcls and tlieii generally northwards and contintic riloiig [lie soiitli southeast and gciicral wcst 260

6 edges of said track, respectively, to a point directly in line with the north west edre of c the Clachan Burn, there turii geiierally ~iortl~eastwardsand continue along the general northwest edge of said burn to the point wliere il meets the west perimeter of the curtilage of the property know as Kilarden. there turn north noi-tiiwestwards and coiitinue in a straight line to a point 011 the noith west edge of the Stroul Burn, there turn generally east northeastwards and continue along tlie general northwest edge of said burn and then ill a smight line to a point oti the MLWS line. there turn generally southeast~~wdsand then south soiithwestwards and continue along the MLWS line returniiig to a point on tlie MLWS line directly opposite a point on the heel line of the southn.est footpath at Rosneath Road.

MID ARGYLL. KIKTYKE AND ISLAY CAILIPBELTOWN

All of the public area wittiin that part of the tonn of Carnpbcltown shown within the line delineated it1 red on the plan marked “Plan J” annexed to and forming part of there Byclans and bounded ;IS follows: - Commencing at a point on the medim fdiuln of the Kilkerran Burn directly in line with the mean low water springs line (hereinafter referred to as the “MLWS line”) and opposite Kilkerran Cemetery, there tiirii generally south southwesh~ardsand then generally wesh$ards and coiitinitr along the medium filiuin of said burn and then along the north side of Crosshill Loch. respectivel>. and then continue westwards in a straight line to a point 011 the southwest edge of a track. there turn north tiorthwestwards and then northwards and continue atong the southwest and \iest cdges of said track. respectively. to a point oti the southwest edse of a path, there turn generally northwestwards and continiie along tlie southwest edgc of said path and then along the north iiortheasl edge of’ an access road to a point on the east edge of said road. there turn northwards and continue along the east edge of said road and then in tl straight line to a point ott tlie heel line of the north iiorthLiest footpath at Wliitchburn Road, there turn east northeashvards and continue along the heel line of the north northwest footpath at Wliitcliburn Road to a point on the west southwest edge of Doctor’s Road. there turn north northwestwards, then northenshvards, then northwards and then east northeastwards and continue along the west southwest, north northwest, west and north northwest edges of said road. respectively, to a point on the west northwest edge of a path leading to Hillside Road, there turn north northeastwards and then northeastwards and continue along the west northwest and north northwest e edges of said path. respectively, and thcti continue northeastwards in a straight line to a point on the southwest perilneter of the curtilage of Snipcfield Iiidustrial Estate , there turn nortltwestwards and then noi-th northeastwards and continue along the southwest and northwest perimeters of the curtilage of said estate, respectively, and then continue north northeastwards in a straight heto a point on the heel line of the northeast footpath at Tarbert Road, there turn south southeashvards and continue along the IieeI line of the northeast footpath at said road to a point on the north edge of Balegreggan Road. there turn generally eastwards and continue along the north edge of said road to the end thereof and- continue in a straight line to a point on the medium filiuni of the Askornill Burn, there turn southeastwards and then generally southwards and continue along the medium filiiirn of said burn and then in a straight line to a point on the MLLVS line, there turn generally southwestwards. then gcnerally west nortliwestwards, then generally southwestwards and then generally south southeastwards aid conLinue along the MLWS line (and wherc there IS a break therein continue along the me:in high water sptiiigs line to the next point 011 the MLWS line), returning to a poiiit nn the medium filititii of the Kilkerran Burn directly in line with MLWS line and opposite Kilkerran Ceinetery. 261

7

LOCHGILPHEAD

All of the public area within that part of the towii of Lochgilpliead sho\ui ivithin the line delirieared iii red on the plan marked "Plan K" annexed to and forming part of tlirse Byelaws and bounded as follon:s: - Conitnencing at the southeast corner of the junction of \Ianse Brae and Loshnell Street and at the heel line of the northeast footpath at Lochnell Street. there turn south sasnvards then south southeastwards and continue along the heel line of the northeast and east southeasr pavements at Lochnell Street and Cossack Street, respectively. to a point on [lie northwest face of an archway, there turn west southwestwards then southwesnvards then north \\.esni.nrds then uTestwards and then southwards and continue along the notrh\i.est face of said nrch\\.n>.. and in doing so crossing in a straight line Cossack Street, the noithw~stface of a lvaII, a boundar!~ fence and the west face of a wall. to a point directly opposite 3 point on the medium tlliurii of the Cuilarstich Burn, there turn westwards and continue in a straight line to a point 011 the @ medium tilium of said burn, there turn nortliwards tlieli iiorth\\;esti\;ards and then noi-thwsrds and continue aloiip the inediuiii filiuni of said burn to a point directly in line with the south perimeter of the curtilage of Lochgilpliead Caravan Park, there turn east southeast\\.ards and continue in a straight line to a point on the heel line of the northwest footpath at Lorne Street. there turn north nortlienst~varcisand continue along the heel line of the nortliwest footpath at said street and at the end thereof turn north northwestwards and continue in a straight line to a point oil tlie medium filiiim of said burn. tlicrc turn northeastwards then eastwards and continue along the niediiiin filittin of said burn 10 a point directly in line with the east face of a wall bounding Argyll and Bute Council Offices, tlierc turn soutliwards then northwestwards and then soiitiiwards and continuc along the east, iiorrlitnst niirl east faces of said wall, respectively, to a point on the heel linc of the north footpath at Oban Road. there turn east northeastwards and continue dong the heel line of the north footpath at said road to a point directly in line with the heel line of the east northeast footpath at Brodie Crescent, there turn south southeastwards and continue in a straight line across Oban Road and along the heel line of the east northeast footpath at Brodie Crescent to the northeast corner of the junction with Sinclair Drive, there turn east southeastwards then eastwards and continue along the heel line of the north noi-theast and north footpaths at Sinclair Drive. respectively, to the north northwest corner of the junction with Dewar Avenue, there turn southeastwards then southwards and then southwestwards and continue in a straight line across 13ewar Avenue and then along the heel line of the east and southeast footpaths at Dcwar Avenue. and in doing so crossing in n straight line the acct'ss road to Rowan Park, respectively, to tlie southeast corner of the junction with Union Street. there turn southeastwards and continue along the heel line of the northeast footpath at Union Street and then in a straight line across Manse Brae. to a point on the heel line of the southeast footpath at Manse Brae, there turn southwesnvards and continue along the heel line of the southeast footpath at said brae returning to the southeast corner of the junction of said brae and Lochnel I Street. - ._.-

PORT ELLEN

All of the public area within that part of tlie settle~iientof Port Ellen shown within the line delineated iii rdon thc plan marked "Plan L" annexed to and forming part of tlicsc Bycla\vs and bounded as follows: - Commencing at a point on the mean IOQ water springs line (hereinafter refcrred to as the "1ILWS line") directly opposite a point on the heel line of the north northwest footpath at Frederick Crescent. there turn north northwestwards and contirw iri a straight line to a point on the heel line of the north northwest footpath at Frederick Crescent, there turn east nort1ieastw;irds then east southeastwards and continue along tlie heel line of tlie north northwest and northeast fooIpatlis at said crescent, respectively, to the northwest corncr of the junction with Manscfield 2 62

Road, there turn northeastwards and continue generally along the northwest edge of Mansefield Road to the southwest corner of the junction with tlie Back Street, there turn southeastwards and continue in a straight line across Mansefield Road to the southeast corner of the junction with Back Street, there turn southwestwards and continue along the southeast edge of Marisefield Road to tlie southeast corner of the junction with Frederick Crescent, there turn southcashvards, south southeastwards and thcn generally south southwestwards and continuc along the heel Iine of the northeast and east footpaths at said crescent, and in doing so crossing in a straight line Lennox Street, and the southeast edge of Frederick Crescent, respectively, to a point directly opposite a point on the MLWS line. there turn northwestwards and continue in a straight line to a point on the MLWS line, there turn generally northwards and continue along the MLWS line returning to a point on the MLWS line directIy opposite a point on the heel hie of the north northwest footpath at Fredcrick Crescent.

OBAIG’, LORN AND THE ISLES OUAN

All of the public area within that part of the town of Oban shown within the line delineated in red on the plan marked “Plan M” annexed to and forming part of these Byelaws and bounded as follows: - Commencing at the south corner of the junction of Locliavullin Road and Glenshellach Road turn westwards and continue in a straight line to a point 011 the west edge of GlenshelIach Road, there turn north northwestwards and contiriuc along tlie west edge of said road atid then in a straight linc to a point on the northwest edge of Glenshellach Terrace, there turn east northcastwards and continue along the tiorthwest edge of said terrace to the west corner of the junction with Dunuraun Road, there turn not-rhwesl and continuc along the southwest edge of said road to a point directly in line with tlie west edge of a footpath leading to Alnia Ciescent, there turn northwards and continue iii a straight line across Crannaig-a-Mhinster road and then along the west edge of said footpath to a point 011 the southwest edge of Alma Crescent, there turn generally northwestwards and then west southwestwards and continue along the southwest edge of Alnia Crescent and the south southwest edge of Gallanach Road and then along the southeast edge of said road to a point directly in line with an extension of the line of the southwest face of a seawall which lies to the northeast of land now or formerly owned by the Trustees of Oban Sailing Club and runs southwestwards towards Gallanach Road and then turn northwestwards and coiitinue ill a straight line across Gallanach Road and Dungallan Parks and then along the line of tlie southwest face of the said scawall to a poriit on tlic mean low water springs line (licreinafkr refcrred la as tlie “MLWS line”), there turn gencrally north eastwards and Ihcn generally southeastwards and continue along the MLWS line and then the mean high water springs line (hereinafter referred to as the “MHWS line”) to a point on the seaward edge of the Railway Quay, there turn generally north northeastwards and then generaIly northeastwards and continue along the seaward edges of said quay and the MHWS line to a point on the north face of the sea wall at Station Square, there turn east northeastwards and then generally northwards and continue along the north face of said wall and then the MLWS line, respectively, to a point on the southeast edge of the Worth Pier, there turn southwestwards then north northwestwards and then north eastwards and continue along the seaward edges of the said pier to a point directly in line with the MLWS line, there turn generally north northwestwards and continue along the MLWS line to a point directly in line with tlic north t‘dgc of the Dog Stone, there turn eastwards and continue in ii straight line to a point or1 the east edge of a track leading to Dunollie House, thcre turn south southwestwards then southeastwards then eastwards and then south southwestwards and continue along the east, northeast, north, and southeast edges of said track, respectively, to a point directly in line with the northwest edge of Bayview road, there turn generaliy east southeastwards and continue in a straight he,then along the northwest and southeast edges at Bayview Road then along the 263

9

general south perimeter of the dwellinghouses situated at Bayview Road and Lisinore Crescent and then in a straight line to a point on tlie south southeast edge of a footpath at Dalrigh, there turn west southwestwards then south southwestwards and then north eastwards and continue along the south southeast, southeast and

north northwest edges of said footpath, respectively, to a point on the north northwest edge of an access roadkar park at Burnbank, there turn east southeastwards and continue along tlie north northeast edge of said access roadkar park and then in a straight Iine across BreadaIbane Street to a point on the north east edge of Albert Lane, there turn south southeastwards and continue along the northeast cdge of said lane to the north east corner of the junction with Albert Road, there turn northeastwards and continue along the north west edge of said road and then in a straight line across Dalriach Road to the north corner of thc junction with Park Terrace, there turn eastwards and continue along the north edgc of said terrace and then in a straight line across Ardconnei Koad e to a point 011 the east edge of Ardconnel Road, there turn south southwestwards and continue along the southeast edge of said road to the north corner of the junction with Laurel Road, there turn northeastwards arid continue along the northwest edge of said road to the southwest corner of the junction with Duncraggan Road, there turn eastwards and continue eastwards in a straight line across Laurel Road to a point 011 the southeast edge of Duncraggan Road, there turn south southwestwards and continue along the south east edge of said road to the east corner of the junction with ArdconneI Road, there turn eastwards and continue dong the north edge of said road to a point opposite a point on the southeast edge of Rockfield Road, thcrc turn south southeastwards and continue iii a straight line across Rockfield Road to a point on the southeast edge of said road, there turn southwestwards then south south westwards and continue along the south soutlteast and southeast edges of said road, rcspectively, to the corncr of the junction with Starbrae, there turn south southwestwards and continue along the southeast edge of Starbrae to the east corner of the junction with Back Combie Street, there turn generalIy south southeastwards then southwestwards and continue along the east northeast and south southeast edges of said street, respectively, to the south corner of the junction with Cotnbie Street, there turn south southeastwards and continue along the heel line of the northeast footpath at said street to the north corner of the junction with Coinbie Lane, there turn southwestwards and continue in a straight line across Glencruiten Road to a point on the southwest edge of Glencruiten Road, there turn north northwestwards and continue along the southwest edge of said road then turii soulhwaids and continue along tlie east edge of Soroba Road to a point directly iii line with the south edgc of Soroba Lane, there turn westwards and continue in a straight line across Soroba Road and then along the south edge of Soroba Lane to the south corner of the junction with Locliavullin Road, Ihci c turn southwestwards then west southwestwards then southwards then westwards then northwards and then eastwards and continue along the southeast, south southeast, east, south, west and south edges of Lochavulliii Road, respectively, returning to the south corner of the junction of Lochavullin Road and Glenshellach Road.

'I'HIS IS THE SCHEDULE REFERRED TO IN THE FOREGOING BYELAWS

DATED 264 ! 266

N

,’’THIS IS “l’laii E” REFERRED ‘€0IN THE SCHEDULE TO THE FOREGOING RYELAWS /’

271, A %-

/ THIS IS 273

’$\ i

\ i