Minute of the Meeting of the Quarterly Board of 11th June, 1996
Sederunt : Councillors R. Beattie, J. Boyd, R. Brailsford, J. Carmichael, W. Doyle, D. Macrae, E. Ross and G. Smith.
Attending : Mrs. K. McVey (Clerk to the Board), Ms. I. Townson (Depute Clerk to the Board), Mr. R. Griffiths (Building Control Manager), Mr. J. Crawford (Head of Protective Services), Chief Superintendent Papworth, Sergeant F. Galloway and Ms. C. Dunn (Strathclyde Police “U” Division), Chief Superintendent S. Hood and Sergeant A. Lawrence (Strathclyde Police “R” Division), Mrs. P. Duncan (Senior Administrator) and Mrs. C. McEwan (Licensing Board Administrator).
Apologies were submitted on behalf of Councillors A. Campbell, D. Coffey, A. McIntyre and R. Taylor who were unable to attend the Board because of other commitments.
There being no Chairman, the Clerk to the Board assumed the Chair. The Clerk to the Licensing Board welcomed everyone to the first meeting of East Ayrshire Licensing Board and introduced the first item of business.
Item 1 The Clerk called for nominations for Chairman. Councillor R. Beattie was nominated by Councillor W. Doyle and this was seconded by Councillor Macrae. As there were no other nominations, Councillor Beattie took the Chair.
Councillor Beattie thanked the Members of the Board for his appointment. He advised that East Ayrshire Licensing Board, as a new Board, has had to consider how best to deal with various applications and that it has been decided that Occasional Licences, Permissions and Extensions, Section 35 Applications, Temporary Transfers and Applications for Declaration of Finality should all be dealt with by the Clerk to the Board, under delegated powers.
The Chairman also spoke with regards to the harmonisation of the former Cumnock & Doon Valley District Licensing Board and Kilmarnock & Loudoun District Licensing Board guidelines. He advised that, due to the backlog with the Secretary of State’s office regarding these matters, the Board will continue to use the two separate guidelines for the time being.
The Chairman stated that he hopes that all applicants will find the East Ayrshire Licensing Board to be a fair, but firm Board, which will be user friendly.
Item 2 The Minutes of the Meetings of Cumnock & Doon Valley District Council dated 19th March, 1996 and of Kilmarnock & Loudoun District Council dated 20th March, 1996 were approved and noted.
Item 3 The Minute of the inaugural Meeting of East Ayrshire Licensing Board held on 28th November, 1995 and the Minute of the Meeting of the Board on 27th February, 1996 were approved and noted.
Item 4 The Minute of the Meeting of East Ayrshire Licensing Board, Training Seminar held in 9th May, 1996 was approved and noted.
Item 5 Scottish Licensed Trade Association - Newsletter. Councillor Beattie invited Mr. Morgan of the Scottish Licensed Trade Association to speak. Mr. Morgan thanked Councillor Beattie and advised that he would continue to give information to the members of the Licensed Trade Association within the area. He thanked the Members of the Board and expressed that he hoped that the good working relations he had with former Boards would continue with East Ayrshire Licensing Board. He advised the Board that the Scottish Licensed Trade Association were preparing a further newsletter, which would be issued in June.
Item 6 The Chairman reported on the meetings which he had with Divisional Commanders Hood and Papworth on 3rd April, 1996 and with Mr. Morgan of the Scottish Licensed Trade Association on 15th May, 1996 and added that he thought that these meetings were helpful as they gave an opportunity to discuss various problems, such as drinking in public places. He stated that he would welcome any such informal meetings in the future.
Item 7 The Chairman intimated that, despite having been advised by letter and by telephone, licensees were not submitting licences and other supporting documentation in connection with their applications. He proposed that any applicant in that position should be given forty eight hours to produce such licence to the Clerk. He also proposed that in future any applications without supporting documentation would not be considered by the Board. This was agreed by the Board.
The Clerk to the Board advised that there had been no comments from Strathclyde Fire Brigade nor Strathclyde Police “R” Division in respect of the applications.
Applications - See Appendix I attached.
Item 8 There being no other competent business, the meeting ended at 12.05 p.m.
APPENDIX I
EAST AYRSHIRE LICENSING BOARD
LICENSING (SCOTLAND) ACT, 1976, AS AMENDED
RENEWAL OF LICENCE
Public House
Anne McFarlane Railway Inn
48 Maxwood Road 26-28 East Main Street
Galston Darvel
Building Control commented in respect of this application that there was a bolt on the rear fire exit door which required to be removed. They also pointed out that mechanical ventilation should be provided in toilets and that the emergency lighting unit at the rear exit required to be repaired. These had all been intimated to the applicant.
The Chairman proposed that two months be given for all repairs to be carried out and the outcome reported back to the Board. This was agreed by the Board.
Granted.
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Patricia Wallace Standalane Tavern
96 Titchfield Street 94 Titchfield Street
Galston Galston
Building Control commented in respect of this application that the emergency lighting unit at the front entrance to the lounge bar was faulty and that this had been intimated to the applicant. The Chairman proposed two months be given for this repair to be carried out and the outcome reported back to the Board. This was agreed by the Board.
Granted
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Lorimer Headley The Burlington
6 McLelland Drive Braefoot
Kilmarnock Kilmarnock
Granted
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Ramon Tognini Route 66
Alton House 19 Fowlds Street
Bankhead Kilmarnock
Galston
Granted
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Matthew Brown Mack’s Bar
26 Inchmurrin Drive 51 Grange Street
Wardneuk Kilmarnock
Kilmarnock
Building Control commented on this application that a table required to be removed which was blocking a fire exit route and that this had been intimated to the applicant. The Chairman pointed out that the premises should be checked to ensure the table had been removed. This was agreed by the Board.
Granted.
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Charles Davidson Wheatsheaf Inn
29 Main Street 29 Main Street
Kilmaurs Kilmaurs
Building Control commented on this application that bolts required to be removed from the rear exit fire door and that this had been intimated to the applicant. The Chairman submitted that the premises should be checked to ensure the bolts had been removed and reported back to the Board. This was agreed by the Board.
Granted.
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Anna Frizzle Crown Bar
77 Main Street 77 Main Street
Muirkirk Muirkirk
Environmental Health updated the Board in respect of these premises and reported that a number of contraventions issued following the last inspection had virtually all been completed, with a couple of minor matters in hand.
Granted.
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James Herbertson Swallow Inn
Burnfoot Burnfoot
Patna Patna
Environmental Health updated the Board in respect of these premises and reported that following an inspection on 30th May, 1996, the premises were found to be of a good standard and accordingly they had no comments to make.
Granted.
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Hotel
Derek Robertson Castle Hotel
51 Castle 51 Castle
New Cumnock New Cumnock
Environmental Health updated the Board in respect of these premises advising that the premises currently gave no cause for concern. Most of the contraventions found at the last inspection has received effective remedial action. They reported that ongoing refurbishment is taking place with the refitting of the kitchen in its final stages. The premises are clean and accordingly they would have no objections to the granting of the application.
Granted.
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Restaurant
Fuk Loi Lau Jade Flower Restaurant
14 Glaisnock Street 14 Glaisnock Street
Cumnock Cumnock
Environmental Health advised the Board that a number of matters required attention at the last inspection, mainly in the kitchen relating to food practices and food hygiene. These have now been remedied and therefore they would have no adverse comments.
Councillor Beattie noted that the licence was still awaited in this case and gave forty eight hours for this to be submitted to the Clerk.
Granted.
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Kin Hung Cheung Beijing Cantonese Restaurant
3 Machrie Road Upper Floor
Kilmarnock 16 Titchfield Street
Kilmarnock
Granted
Brightreasons Restaurants Ltd. Pizzaland
Bakers House 106 Titchfield Street
25 Bakers Road Kilmarnock
Uxbridge
Middlesex.
Paul Graham
107 Castleview
Dundonald
Kilmarnock
Granted
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Yuet Wan Lau Oriental Palace
4 Golfloan 39 High Street
Stewarton Stewarton
Granted
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Off-Sales
Co-operative Wholesale Society Ltd. 25/27 Church Street
95 Morrison Street Auchinleck
Glasgow
John Wilson
9 Netherwood Park
Deans
Livingstone
Granted
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Alexander Gillespie 14 Kilmarnock Road
8 Firth Road Crosshouse
Barassie
Troon
Granted
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Lorna Graham Spar Foodmarket
1A Main Street 1 Main Street
Dalmellington Dalmellington
Granted
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David Boyd Boyds Licensed Grocers
18 Campbell Street 27 East Main Street
Darvel Darvel
Granted
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Thea Patrick Patrick’s (Spar)
Westmont 19/21 Glencraig Street
78 Dundonald Road Drongan
Kilmarnock
Granted
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William Mair 3 Brewland Street
26 Brewland Street Galston
Galston
Granted
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David Hannah 14 College Wynd
3 Failford Road Kilmarnock
Kilmarnock
Granted
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Tesco Stores Ltd Tesco Store
Tesco House Fowlds Street
Delamare Road Kilmarnock
Cheshunt
Waltham Cross
Herts
Paul Wilson
3 May Terrace
Giffnock
Glasgow
Granted
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Joginder Birk RAJ Superstores
157 North Hyde Court 30 Main Street
Middlesex Ochiltree
Granted
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PERMANENT TRANSFER OF LICENCE
Public House
Andrew Wright The Volunteer Arms
64 Lomond Crescent 1/3 Bridge Street
Beith Catrine
Granted
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David Cowan Craigmark
3 Meadowpark Drive Burnton
Ayr Dalmellington
Granted
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Cloud Nine Public House Ltd. Cloud Nine
7 York Street Merrick Drive
Ayr Dalmellington
Thomas Halpin
2 The Crescent
31 Monkton Road
Prestwick
Granted
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John Steele Hollybush Inn
19A Annbank Road Hollybush
Mossblown by Ayr
Granted
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Edwina Beveridge The Thack Inn
2 Tower Place 2 Galston Road
Ayr Road Hurlford
Kilmarnock
Granted
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John Walker & Sons Ltd Reception Hall
18/20 Hill Street John Walker & Sons Ltd
Kilmarnock Hill Street
Kilmarnock
James Ewart
The Beeches
Crosshands
by Mauchline
Granted
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Andrew Scott The Burns Tavern
18-20 Titchfield Street 18-20 Titchfield Street
Galston Galston
Granted
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Owen Leitch Blacks Bar
1 Willie Ross Place 16 Dean Lane
Kilmarnock Kilmarnock
Granted
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Nina Stewart Bonnet Bar
Xanadu 12/14 Brown Street
Benslie Village Stewarton
by Kilwinning
Granted
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Hotel
Mercury Management (Scotland) Ltd Dumfries Arms Hotel
t/a Dumfries Arms Hotel 54 Glaisnock Street
Maritime House Cumnock
8 The Shore
Leith
Edinburgh
Elizabeth Megson
37 Mauchline Road
Auchinleck
Granted
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Derek Rose Laurieland Hotel
c/o RVL Ltd 82 Irvine Road
The Court Crosshouse
Riverview
Forres
Moray
Strathclyde Police “U” Division commented in respect of this application stating that they had no objections but commenting to the Board that Mr. Rose had previous convictions relating to the Food Stafety Act, 1990.
Mr. Wilson, Solicitor, of Messrs. James Guthrie & Co. representing Mr. Rose, submitted to the Board that Mr. Rose has been in the licensed trade for approximately twenty years and that these were the only convictions he ever had. He advised that Mr. Rose intents to upgrade the kitchen area of these premises in consultation with the Environmental Health Department. He also stated that his client would agree to the Environmental Health Department monitoring the premises thereafter.
Mr. Crawford of the Environmental Health Department indicated that his department would agree to rigourous monotoring in these circumstances.
Councillor Boyd then asked Mr. Crawford of the Environmental Health Department what was meant by rigourous monitoring.
Mr. Crawford explained that prosecutions were not taken lightly in these circumstances and that it would be his Department’s policy to monitor these premises with close interest. Advice and training would also be offered to the licensee in such circumstances.
Mr. Wilson agreed that such advice and training would be taken up by his client.
The Board agreed to grant the application.
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Entertainment
Big Beat Group Ltd Expo
29 Otago Street 1 West George Street
Glasgow Kilmarnock
Cameron Grant
221/D Faifley Road
Faifley
Clydebank
Granted - subject to licence being produced within forty eight hours.
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Restaurant
Kashmir Kaur Sangha 14 Ayr Road
10 Auchinleck Road Cumnock
Cumnock
The Clerk to the Board pointed out that no consent had been received in respect of this application.
Mr. Hunter of Messrs. R.D. Hunter & Co., Agent for the applicant, stated that he understood that consent had been posted to the Clerk by the present licence holder. Mr. Hunter undertook to investigate what had happened in relation to the consent and licence, and assured the Board these would be produced.
Granted - subject to consent and licence being produced within forty eight hours.
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Pizza Hut (UK) Ltd Pizza Hut
1 Imperial Place Glencairn Retail Park
Elstree Way Kilmarnock
Borehamwood
Herts
Scott McEwan
14 Citadel Way
Troon
Granted
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Brightreasons Restaurants Pizzaland
Bakers House 106/110 Titchfield Street
25 Bakers Road Kilmarnock
Uxbridge
Middlesex
Pauld Graham
107 Castleview
Dundonald
Kilmarnock
Granted
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Lakhvir Singh The Jewel in the Crown
18 St. Marys Road Portland Street
Bishopbriggs Kilmarnock
Granted
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Lachat Irene Chez Jules
53 Fullarton Street 12 Queen Street
Kilmarnock Kilmarnock
Granted
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Refreshment
Avon Brice Talking Point (Units 7 & 8)
60 Yorke Place 120 Glasgow Road
Kilmarnock Kilmarnock
Granted
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Off-Sales
Dr. Vaseem Mirza Catrine Mini Market
278 North Dryburgh Road 69/71 Sorn Street
Wishaw Catrine
Granted
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Somerfield Stores Ltd Somerfield
Somerfield House Townhead Street
Hawkfield Business Park Cumnock
Whitchurch Lane
Bristol
Stephen Cunningham
53 Flinders Place
Westwood
East Kilbride
Granted
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Margaret Dunlop Fenwick General Store
21 Kirkton Road 77 Main Road
Fenwick Fenwick
Granted
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Safeway Stores plc Presto
t/a Presto 20 Burns Precinct
6 Millington Road Kilmarnock
Hayes
Middlesex
David Mullen
27 Kelburne Square
Pennyburn
Kilwinning
Granted
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Iceland Frozen Foods plc Iceland Frozen Foods plc
Second Avenue Fowlds Street
Deeside Industrial Park Kilmarnock
Deeside
Clwyd
Angela Dean
11 Lairdweir
Ardrossan
Granted
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City Petroleum Ltd Glencairn Filling Station
Mercury House Low Glencairn Street
Hanger Green Kilmarnock
London
Clark Gorman
39 Cathkin Place
Whitehart Park
Kilwinning
Granted
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Tariq Sultan 2 Central Avenue
18 Craigie Road Shortlees
Riccarton
Farqir Riaz
3 Broomhill Road East
Shortlees
The Clerk pointed out to the Board that only one name could competently appear on the licence. Mr. Sultan, the applicant, stated that this had been an error and that Farqir Riaz’s name should be omitted from the application.
Granted, under deletion of the name Farqir Riaz.
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Co-operative Wholesale Society Ltd 21 Main Street
95 Morrison Street Stewarton
Glasgow
Alastair Travers
27 Morville Crescent
Kilwinning
Granted.
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Rajinder Kaur Kang RAJ Superstores
18 Carsgailoch Avenue 30 Main Street
Cumnock Ochiltree
Granted.
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GAMING MACHINE PERMIT
Mr. Griffiths of Building Control pointed out that inspections have revealed that in some premises Gaming Machines are being placed in front of fire exits. He urged applicants to ensure that fire exits are kept clear at all times and that cables from Gaming Machines are not stretched across floors.
Public House
Andrew Wright Two Machines
The Volunteer Arms
1/3 Bridge Street
Catrine
Granted.
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Patricia Wallace Two Machines
Standalane Tavern
94 Titchfield Street
Galston
Granted.
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Lorimer Headley One Machine
The Burlington,
Braefoot
Kilmarnock
Granted.
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Thomas Wilson One Machine
The Shortlee Bar
30 Central Avenue
Kilmarnock
Granted.
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Owen Leitch One Machine
Blacks Bar
16 Dean Lane
Kilmarnock
Granted.
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Iain Gray One Machine
Black’s Bar
16 Dean Lane
Kilmarnock
Granted.
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David Little One Machine
The Hunting Lodge
14-16 Glencairn Square
Kilmarnock
Granted.
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Fast Eddies Two Machines
30A Grange Street
Kilmarnock
Granted.
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William Wilson Two Machines
The Wee Thack
53 Grange Street
Kilmarnock
Granted.
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Nina Stewart Two Machines
Bonnet Bar
12/14 Brown Street
Stewarton
Granted.
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Hotel
Derek Rose One Machine
Laurieland Hotel
82 Irvine Road
Crosshouse
Granted.
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J. Dodd One Machine
The Crown Hotel
154 Main Street
Newmilns
Granted.
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Late Application
The Board agreed to consider this application which had been omitted from the Agenda issued.
Andrew Scott One Machine
The Burns Tavern
18-20 Titchfield Street
Galston
Granted.
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CHILDREN’S CERTIFICATE
Public House
Patricia Wallace Lounge Bar & Beer Garden only
Standalane Tavern
94 Titchfield Street
Galston
Granted.
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Lorimer Headley Whole Premises
The Burlington
Braefoot
Kilmarnock
Granted.
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Ramon Tognini Whole Premises
Route 66
19 Fowlds Street
Kilmarnock
Granted.
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ENTERTAINMENT BYE-LAW CONSENT
Andrew Wright Solo Singers, Karaoke, Theme Nights,
The Volunteer Arms AWP Machines, Recorded Music, Juke
1/3 Bridge Street Box.
Catrine
Environmental Health commented on this application stating that they would have no objections to the granting of this licence, subject to the applicant imposing suitable controls to prevent any noise nuisance to adjacent and nearby domestic properties. Mr. Williams, Solicitor, who appeared on behalf of the applicant assured the Board that this would be carried out.
The Chairman asked Mr. Williams if he could clarify what was meant by “theme nights” in the application. Mr. Williams stated that it was the policy of other Boards to receive applications to refer to “theme nights” to cover karaoke etc. but on checking with his client would ask the Board to delete theme nights from the application.
The Board agreed to this and granted the licence.
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Andrew Scott Juke Box, Music System, Occasional
The Burns Tavern Live Music
18-20 Titchfield Street
Galston
Granted.
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ITEMS FOR NOTING
Application for Section 58 to apply received by :-
Marion McLauchlin 6/8 Rigg Street
6 Rigg Street Stewarton
Stewarton
Noted
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Provisional Grant of Public House Licence declared final :-
Loudoun Castle Park Ltd. The Coach House
31 Melville Street Loudoun Castle Park
Edinburgh Galston
Noted.
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REGULAR EXTENSION OF PERMITTED HOURS - For one year only
Public Houses
Andrew Wright The Volunteer Arms
64 Lomond Crescent 1/3 Bridge Street
Beith Catrine
Thursday to Saturday 11pm - 1am
The Clerk advised the Board that the application as received was defective in that it did not cover all of the hours required or intended by the applicant.
Mr. Williams, Agent for the applicant, then asked the Board if they would allow him to alter the application to include the existing hours, together with the Thursday to Saturday extension applied for. As both extensions had been duly advertised and no objections were received, the Board considered no prejudice would result and agreed to grant the licence, as amended, for the hours :-
Monday to Wednesday 11pm to Midnight
Thursday to Saturday 11pm to 1am
Sunday 2.30pm to 6.30pm and 11pm to Midnight
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David Finlayson The Gateside Inn
Gateside Inn Coalhall
Coalhall by Ayr
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Anne Gallacher Glenmuir Arms
51 Arran Drive Logan Avenue
Auchinleck Logan
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Vivien Kyle The Sun Inn
19 Barony Road 23-25 The Square
Auchinleck Cumnock
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Marion Bunten Thistle Inn
22 Glaisnock Road 22 Glaisnock Road
Cumnock Cumnock
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Susan Filson Craigmark Store
Burnton Road Burnton Road
Dalmellington Dalmellington
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Allan Dunn Doon Tavern
1 High Street 1 High Street
Dalmellington Dalmellington
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Thomas Halpin Cloud Nine
7 York Street Merrick Drive
Ayr Dalmellington
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted
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Elizabeth Hyslop Black Bull,
24 West Main Street Darvel
Darvel
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Thomas Stewart The Horseshoe Inn
81 West Main Street 79/81 West Main Street
Darvel Darvel
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Sunday 2.30pm - 6.30pm (beer garden)
Granted.
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Loudoun Castle Park Ltd Coach House
31 Melville Street Loudoun Castle Park
Edinburgh Galston
Sunday 2.30pm - 6.30pm
Granted.
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Patricia Wallace Standalane Tavern
96 Titchfield Street 94 Titchfield Street
Galston Galston
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Helen Menzies The Poachers Rest
17 Riccarton Road 17 Riccarton Road
Hurlford Hurlford
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Bass Taverns Ltd. Charleston
t/a Tennants Taverns 1 Dunbar Drive
289 Bath Street New Farm Loch
Glasgow Kilmarnock
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Friday & Saturday 11pm - 2am (function suite)
Granted.
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David Little Hunting Lodge
23 Holehouse Road 14/16 Glencairn Square
Kilmarnock Kilmarnock
Monday to Saturday 11pm - Midnight
Friday & Saturday Midnight - 2am (only in respect of functions)
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Kyleport Ltd. The Crown Inn
25 High Glencairn Street 25 High Glencairn Street
Kilmarnock Kilmarnock
Monday to Saturday 9am - 11am and 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Friday & Saturday Midnight - 2am (function suite only)
Granted existing hours only - no morning extension on Monday to Saturday from 9am to 11am.
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Alan Brown 4b John Finnie Street
5/7 Links Road Kilmarnock
Prestwick
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Raven Leisure David Mackie Nelsons
4 Nelson Street 6 Nelson Street 4 Nelson Street
Kilmarnock Kilmarnock Kilmarnock
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Antonio Campagha Riccarton Inn
184 Whatriggs Road Kilmarnock
Kilmarnock
Monday to Saturday 9am - 11am and 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Eagle Taverns Ltd. Thomas Robertson Jock Tamsons
Anchor House F1/1 23 Gauze Street 16 Titchfield Street
7 Incle Street Paisley Kilmarnock
Paisley
Monday to Saturday 8am - 11am and 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted
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Robert Kyle The Black Bull
19 Barony Road 5 Earl Grey Street
Auchinleck Mauchline
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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James Campbell The Empire Bar
3/7 Glasgow Road 3/7 Glasgow Road
Muirkirk Muirkirk
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Hugh Clarke Bridgend Inn
Barony View 34 Afton Bridgend
Station Road New Cumnock
Ochiltree
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Bir Bal Properties Ltd Miss A. Holman Hillside Inn
70 Salisbury Road Afton Country House Glenafton Park
Birmingham Afton Road Afton Road
New Cumnock New Cumnock
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm
Granted.
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William Proctor Carskeoch House
Carskeoch House Caravan Park Patna
Patna
Monday, Tuesday, Thursday & Sunday 11pm - Midnight
Wednesday, Friday & Saturday 11pm - 1am
Granted.
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James Reid 79 High Street
79 High Street Stewarton
Stewarton
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 2am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Marion McLauchlin 6/8 Rigg Street
6 Rigg Street Stewarton
Stewarton
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Hotel
Robert Stevenson Royal Hotel
Changue Farm 1 Glaisnock Street
Cumnock Cumnock
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Andrew Morris Eglinton Hotel
50 Main Street 50 Main Street
Dalmellington Dalmellington
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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Robert Murray The Turf Hotel
11 Planetree Place Main Street
Johnstone Castle Kilmaurs
Johnstone
Monday to Friday 11pm - Midnight
Saturday 11pm - 11.45pm
Sunday 2.30pm - 6.30pm
Granted.
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John Dodd Crown Hotel
152 Main Street 154 Main Street
Newmilns Newmilns
Monday to Saturday 11pm - Midnight
Friday & Saturday Midnight - 2am (in respect of functions)
Sunday 2.30pm - 6.30pm and 11pm - Midnight
The Chairman asked for clarification in respect of this application as to whether the premises had a function room, as their current hours did not include an extension to 2am on Fridays and Saturdays.
Mr. Morgan of the Scottish Licensed Trade Association, spoke on behalf of the applicant and advised the Board that an error had been made in this application. The application should have been made for the hours :-
Monday to Thursday 11pm to Midnight
Friday and Saturday 11pm to 1am
Sunday 11.30am to 12.30pm and 2.30pm to 6.30pm and 11pm to Midnight
The Board allowed the application to be amended, and agreed to grant the licence.
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Norah Boyd Riverdoon Hotel
66 Main Street 66 Main Street
Patna Patna
Monday to Wednesday 10am - 11am and 11pm - Midnight
Thursday to Saturday 10am - 11am and 11pm - 1am
Sunday 10am - 12.30pm and 2.30pm - 6.30pm
and 11pm - 1am
Councillor Smith pointed out to the Board that this application was not in fact in line with the exising hours currently held by the applicant.
After consideration, the Board refused to grant the extensions applied for, but agreed to grant renewal of the existing hours held, which are :-
Monday to Wednesday 11pm to Midnight
Thursday to Saturday 11pm to 1am
Sunday 11am to 12.30pm and 2.30pm to 6.30pm and 11pm to Midnight
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Restaurant
Pizza Hut (UK) Ltd John Mackle Pizza Hut
1 Imperial Place 4 Pottery Place Glencairn Retail Park
Elstree Way Kilmarnock Kilmarnock
Borehamwood
Herts
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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Club
George Gemmell Auchinleck Bowling Club
32 Ballochmyle Avenue 7 Market Place
Auchinleck Auchinleck
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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James Cross Catrine Bowling Club
10 Fourfields 44 St. Cuthbert Street
Catrine Catrine
Friday & Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm
Granted.
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Robin Hunter Cumnock Rugby Football Club
28 Kings Drive Broomfield House
Cumnock Auchinleck Road
Cumnock
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm
Granted.
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May Wood Glaisnock Valley Bowling Club
12 Craigens Road Ryderston Drive
Cumnock Cumnock
Monday to Friday 11pm - Midnight
Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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James Anderson Netherthird & Craigens W.M. Club
45 Blackfaulds Road Ryderson Drive
Netherthird Netherthird
Cumnock Cumnock
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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Alex Gormanley 433 Social Club
68 Dalharco Avenue 54 Main Street
Patna Dalmellington
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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Thomas Richmond Loudoun Gowf Club
27 Belvedere View Galston
Galston
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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Mark Colman Kirkstyle
10 Annanhill Mews Little Bellsland Road
Irvine Road Kilmarnock
Kilmarnock
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm
Granted.
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Joseph Scoular Glenfield Bowling Club
24 Cromdale Road Queens Drive
Kilmarnock Kilmarnock
Monday to Thursday 11pm - Midnight
Friday 11pm - 1am
Saturday 9am - 11am and 11pm - Midnight
Sunday 9am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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William Holland Mauchline Bowling Club
92 Jean Armour Drive Rankine Drive
Mauchline Mauchline
Friday & Saturday 11pm - 1am
Sunday 11am - 12.30pm and 2.30pm - 6.30pm
and 11pm - Midnight
Granted.
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James Fitzsimmons Royal British Legion
22 Douglas Brown Avenue Ochiltree, Stair & District Branch
Ochiltree 90 Main Street
Ochitree
Monday to Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm and 11pm - Midnight
Granted.
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GRANT OF BOOKMAKERS PERMIT
Cornelius Hillan
170 Holmburn Road
Cumnock
The Clerk advised the Board that a copy of the newspaper advertisement had not been received in respect of this application, and therefore the application was not competent. The Board did not consider the application.
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GRANT OF BETTING OFFICE LICENCE
Coral (Scotland) Ltd. 1 Earl Grey Street
Mauchline
James Darroch
23 Kittiwake Drive
Ayton
Washington
Tyne & Wear
Granted, subject to the surrender of the existing licence.
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GRANT OF BINGO LICENCE
Gala Leisure Ltd Gala Club
New Castle House Portland Street/West George Street
Castle Boulevard Kilmarnock
Nottingham
Ms. Cullen, Solicitor for the applicant, requested that the Board adjourn consideration of this application due to the fact that the planning application in respect of this development would not be considered by the Development Services Committee until 4th July, 1996.
The Board agreed to hold an Adjourned Meeting in respect of this application, to be held on 15th August, 1996 at 10.00 a.m. within the Council Chambers, East Ayrshire Council Headquarters, London Road, Kilmarnock.
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PROVISIONAL GRANT OF A LICENCE
Entertainment
Artful Dodger Properties Ltd M. Wren Artful Dodger Properties Ltd
5/9 St. Marnock Place 2 Baird Place 5/9 St. Marnock Place
Kilmarnock Kilmarnock Kilmarnock
The Clerk produced a map showing the licensed premises within Kilmarnock and the application site.
Strathclyde Police “U” Division, commented that if this application was granted the Board should attach the following conditions to the licence :-
1. The sale and supply of alcoholic liquor shall at all times be ancillary to the entertainment provided which shall be dancing to live bands and piano music.
2. The licence holder shall not alter the nature of this entertainment nor provide additional entertainment without the prior authority of the Licensing Board.
A plan showing all licensed premises in the Kilmarnock area was circulated to the Board Members.
Mr. Thompson, on behalf of the applicant, submitted to the Board that the Provisional Grant of an Entertainment Licence had been granted for these premises in 1989 and that this was simply a renewal.
Councillor Smith pointed out this was an application for fresh grant and asked Mr. Thompson why the 1989 licence fell. Mr. Thompson explained to the Board that he had experienced difficulties with the development, but he was confident the project would now proceed.
Looking at the map provided showing licensed premises in the Kilmarnock area, Councillor Carmichael asked Mr. Thompson if he thought that the area was already well served with entertainment. Mr. Thompson advised that the service which would be provided would be different from that of the surrounding premises as food would also be provided. He added that the conversion of this building would create jobs in the area and provide a good service.
The Board adjourned to consider the application. Upon return the of the Board, Councillor Beattie moved to grant the provisional licence. Councillor Beattie stated that a further provisional licence in respect of these premises could not be relied upon, and the affirmation and declaration of finality should proceed within the year.
Granted.
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David MacKenzie 26 The Foregate
21 The Paddock Kilmarnock
Perceton
Irvine
The applicant was not present, or represented, at the Board The Clerk advised the Board that a Section 23 Certificate had not been received in this case, therefore the application could not be considered.
Not considered.
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GRANT OF A LICENCE
Off-Sales
Angela Mitchell The Village Store
30 Coronation Road 84 Mill O’Shield Road
Drongan Drongan
A plan showing the licensed premises in Drongan was produced to the Board by the Clerk. The Clerk advised the Board that an objection had been received in respect of this application and the applicant confirmed that she had received a copy of the letter of objection, and agreed it was competent. The objector was not present or represented. The letter of objection was then circulated to the Board Members.
Mrs. Mitchell spoke in support of her application. She pointed out that there are currently two shops in the same street operating off-sales facilities, one of which is the objector’s premises. One premises opens from 9am to 5pm and objector’s premises opens from 5pm to 9pm and from 5pm to 10pm on weekends. She stated that she would propose to open from 9am to 10pm all week. She also advised that she also hoped to offer a wider range of drinks, specialise in wines, and offer a greater choice.
Councillor Boyd asked Mrs. Mitchell if she proposed only to sell wines. Mrs. Mitchell replied that she hoped to have a full range of stock, including beers and spirits in addition to wines. Councillor Brailsford asked Mrs. Mitchell if she had any expertise in wines, to which she replied no.
Councillor Boyd referred to the letter of objection and asked Mrs. Mitchell if she thought that another licensed premises would lead to over provision in Drongan. Mrs. Mitchell pointed out that there were currently three off-sales, two clubs and one public house in Drongan, which she did not consider to be too many licensed premises for the Drongan area. She also pointed out that one of the off-sales premises was closed at present due to fire damage.
Councillor Beattie asked Mrs. Mitchell if she had anything to add in support of her application. Mrs. Mitchell added that the hours which she would be open would be different to that of the other off-sales premises in Drongan.
The Board adjourned to consider the application. On returning Councillor Beattie pointed out that clubs are not included when considering over provision, and moved to grant the licence.
The Board agreed unanimously to grant the licence.
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Kuwait Petroleum (GB) Ltd Lynn MacKenzie Kuwait Petroleum (GB) Ltd
Burgan House 13 Leadhills Road 165 Riccarton Road
The Causeway Bellfield Kilmarnock
Staines Kilmarnock
Middlesex
A plan showing the licensed premises in Kilmarnock was produced to the Board by the Clerk. Strathclyde Police “U” Division commented in respect of this application. They pointed out that the Board may wish to bear in mind that the Traffic Standing Committee of the Association of Chief Police Officers in Scotland is concerned that from a road safety point of view, the exposure of drivers purchasing fuel to the convenient display and easy availability of alcohol at petrol stations, may lead to the temptation to drink and then to drive.
Ms. Grassie, Solicitor, appeared on behalf of the applicant. She pointed out there were approximately two hundred and eighty forecourt licences in force in England and Wales and that there was no evidence to support that selling alcohol in petrol stations encourages people to drink and drive. She added that many supermarkets had off-sales facilities and that people take cars to supermarkets and yet this was not considered to encourage drinking and driving.
Ms. Grassie advised that her client’s company was a large company with many years experience. She pointed out that the outlet would operate as a convenience store and a wide selection of goods, as well as alcohol, would be stocked.
Ms. Grassie submitted that the applicant company was a well established U.K. subsidiary of an international company with considerable experience in licensing They are a responsible company who provide substantial training to all staff. The company also proposed that, to alleviate concerns, they would prominently display notices on drinking and driving and provide a counter service only for the sale of alcohol. It was also proposed that all liquor would be secured by a locked door or grille outside permitted hours and that no single bottles or cans would be sold.
The application was put to the vote and granted on a majority of five votes to two.
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Asif Nasir 4 Glasgow Road
117 Maxwell Drive Muirkirk.
Glasgow
A plan showing the licensed premises in Muirkirk was produced to the Board by the Clerk. The Clerk advised the Board that objections and a petition had been received in respect of this application. Ms. Howell, Solicitor for the applicant advised that no letters of objection had been received by her client.
The Clerk questioned the objectors to ascertain whether the objections had been properly served on the applicant. A letter of objection by Mr. Lawrie of the Central Bar had been received, but it was established that no attempt to serve a copy on the applicant had been made.
Mr. Higgins, on behalf of Muirkirk Community Council, objector, stated that he had posted his letter of objection by recorded delivery. The recorded delivery envelope and slips were produced to the Board. The letter of objection had been returned to him by the Post Office marked “not called for”. It was noted that the recorded delivery letter would have been timeously served on the applicant, and had been directed to the proper address. The Clerk advised the Board that in terms of Section 13(2) of the Licensing (Scotland) Act, 1976, the Board are empowered to postpone the consideration of an objection if the objector has, through inadvertence or misadventure, failed to comply with any of the preliminary requirements of the Act.
The Clerk advised the Board that a petition from householders in Main Street, Muirkirk had been received, objecting on the grounds of over provision to the grant of an off-sales licence for these premises. It was established that this petition had not been served on the applicant. The Clerk advised the petitioners were not present. The Board asked to examine the petition, and a copy was provided to the applicant’s Solicitor.
The Board agreed to consider the letter of objection by the Community Council, and the petition, at an adjourned meeting of the Board after the applicant and his Solicitor had an opportunity to consider the terms of the objections. The letter of objection by Mr. Lawrie was not accepted for consideration by the Board.
There being no further business, the meeting concluded at 11.55 a.m.
EAST AYRSHIRE LICENSING BOARD
Adjourned Meeting of the Quarterly Board of 11th June, 1996, held on 11th June, 1996 at 12.15 p.m.
Sederunt : Councillor R. Beattie (Chairman), Councillors J. Boyd, J. Carmichael, W. Doyle, D. Macrae, E. Ross and G. Smith
Attending : Mrs. K. McVey (Clerk to the Board), Ms. I. Townson (Depute Clerk to the Board), Mr. R. Griffiths (Building Control Manager), Mr. J. Crawford (Head of Protective Services), Chief Superintendent Papworth, Sergeant F. Galloway and Ms. C. Dunn (Strathclyde Police “U” Division), Chief Superintendent S. Hood and Sergeant A. Lawrence (Strathclyde Police “R” Division), Mrs. P. Duncan (Senior Administrator) and Mrs. C. McEwan (Licensing Board Administrator”).
Apologies were submitted on behalf of Councillors A. Campbell, D. Coffey, A. McIntyre and R. Taylor who were unable to attend the Board because of other commitments.
Item 1 The Board resumed consideration of an application for off-sales licence by Asif Nasir, 117 Maxwell Drive, Glasgow, in respect of premises at 4 Glasgow Road, Muirkirk, the applicant’s Solicitor having had an opportunity to examine the objection letter and petition. The Clerk produced a plan of Muirkirk showing the licensed premises within Muirkirk and this was examined by the applicant’s Agent. The Hearing Procedure was explained by the Clerk.
Ms. Howell submitted to the Board that she would deal firstly with the question of over provision. She accepted there is a Co-operative store in Main Street, Muirkirk which has an off-sales licence, and a shop with an off-sales licence located in a housing scheme, approximately half a mile from the application site. The Co-op is open from 9.00 a.m. to 5.00 p.m. Mr. Ali, who has the off-sale in the housing estate, is open from 9.00 a.m. to 9.00 p.m. The applicant intends to operate from 9.00 a.m. to 10.00 p.m. Apart from the two off-sales premises, there are three pubs and one hotel. Ms. Howell accepted these premises could operate off-sales provisions in terms of their licence, but this was part of their basic service.
The applicant intended to sell alcohol and groceries as a mini market, and would be providing a different type of service from that of the Co-operative. In relation to the petition, Ms. Howell submitted there was no way of judging who the parties are and the circumstances in which the names were gathered together, and invited the Board to disregard the petition. Finally, Ms. Howell submitted that she could not comment on the population figures of 1,800 quoted in the Community Council letter of objection, as she did not know whether this figure was accurate or not. In her submission, her client would provide a service different to that provided by other premises in Muirkirk.
Mr. Higgins, on behalf of the Community Council, did not have any questions of the applicant. He then submitted that he considered Muirkirk to be well provided for with off-sales facilities available from 8.00 a.m. to 9.00 p.m. at night. He submitted that the Co-operative was an upmarket store, with a wide selection of wines and spirits. He reminded the Board that the population of the village of Muirkirk was depleted, and continued to decline since the closure of the pits, and that the village was well served by the existing outlets.
The Board then questioned the applicant and the objector. Councillor Smith noted that, counting the public houses and hotel licence, as well as the off-sales facility, there was six licensed premises in Muirkirk and a declining population. He asked Ms. Howell whether she thought that the grant of another off-sales licence would lead to over provision within the village. Ms. Howell replied that her client’s premises would be different from that of the existing licensed premises, as groceries would be sold as well as alcohol. In her view, the off-sales service offered by the pubs and hotel was ancillary to their basic trade.
Both parties were given the opportunity to sum up, and the Board retired to consider its decision. After ten minutes, the Board returned and voted unanimously by show of hands to refuse the application. A Section 14 Direction was requested by the applicant’s Solicitor, which was refused.
The meeting ended at 12.40 p.m.