Minute of the Meeting of the Quarterly Board of 23rd January, 1996
Sederunt : Councillor A. Boyd (Chairman), Councillors, R. Taylor, E. Torrance, G. Smith and J. Smith.
Attending : Mrs. K. McVey (Clerk to the Board), Ms. I. Townson (Depute Clerk to the Board), Mr. C. Tannock (Senior Building Control Officer), Mr. P. Todd (Acting District Environmental Health Officer), Chief Superintendent S. Hood and Sergeant A. Lawrence (Strathclyde Police) and Miss P. Lorimer (Board Administrator).
Apologies were submitted on behalf of Councillors D. Sneller, E. Ross and J. Kelly who were unable to attend the Board because of other commitments.
The Chairman welcomed Agents and members of the public to the January Quarterly Meeting of the Board and added that due to the reorganisation of local government, this would be the last, but one meeting of Cumnock & Doon Valley District Licensing Board. The Chairman then welcomed Councillor Robert Beattie, who has been appointed Chairman of the new East Ayrshire Licensing Board, to the meeting. Councillor Beattie thanked the Board for his invitation to attend.
Councillor Beattie then spoke of the importance of complying with the rules and regulations of a Licensing Board, which in turn leads the smooth running of the Board. He expressed his hopes that the new East Ayrshire Licensing Board will continue the good work after April.
The Board thanked Councillor Beattie.
The items of business where then introduced by the Depute Clerk to the Board.
Item 1 The Minutes of the Meeting held on 24th October, 1995, which had already been circulated, were confirmed and signed.
Item 3 Updated Reports. Mr. C. Tannock, Senior Building Control Officer, and Mr. P. Todd, Acting District Environmental Health Officer, updated the Board on the progress of works being carried out at the following premises:-
Cronberry Schoolhouse, Cronberry
Both Mr. Tannock and Mr. Todd advised the Board that these premises are satisfactory.
Burnton & Dalmellington Social Club
Neither Mr. Tannock nor Mr. Todd was able to gain access to this premises, but Mr. Tannock stated that, although external work has been carried out, he understands that little progress has been made internally. Mr. Tannock has written to Mr. Knox regarding this. The Depute Clerk advised that Board that the 2application for Declaration of Finality had not yet been lodged.
Jenny Tears, Cumnock
Both Mr. Tannock and Mr. Todd expressed their concern at the slow progress of works being carried out to these premises.
High Towers, Patna
Both Mr. Tannock and Mr. Todd advised the Board that these premises are satisfactory.
Councillor R. Taylor queried the name of Burnton & Dalmellington Social Club, pointing out that it is not a social club but a public house, and asking if the name was going to be changed. Mrs. McVey, Clerk to the Licensing Board said that she understood that the name was to be changed, but confirmed that the matter would be looked into.
The Chairman expressed her disappointment at the slow progress of works being carried out in certain premises and suggested that a time limit be placed on those premises where work was still outstanding. It was agreed by the Board that a formal report by the Planning and Environmental Health Departments be placed before the March Board with a view to further action being taken if works had not been completed.
Item 4 Minute of the Meeting held on 4th October, 1995 in respect of Big Ian’s, Muirkirk, enclosed. Noted.
Item 5 Scottish Licensed Trade Association - South West News. The News Sheet (circulated with the Board papers) which had been prepared by Mr. McMichael, was considered by the Board. The Chairman asked Mr. McMichael to speak on the News Sheet, which he did, stating that most Licensing Boards were now including the News Sheet with their Agenda. He thanked the Board for their interest in the News Sheet and hoped that the good working relationship he had with the Board would continue with the new Board.
Item 6 Applications - See Appendix I attached.
Item 7 There being no further business, the meeting ended at 11.10 a.m.
APPENDIX I
CUMNOCK & DOON VALLEY DISTRICT LICENSING BOARD
LICENSING (SCOTLAND) ACT, 1976, AS AMENDED
Renewal of Licence
Off-Sales
James Buchanan, Bellsbank Cafe,
6 Glenmount, 84 Merrick Drive,
Dalmellington. Dalmellington.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Co-op Wholesale Soc. Ltd., Margaret Rarity, 42 Dalvennan Avenue,
95 Morrison Street, 5 Doonside Avenue, Patna.
Glasgow. Patna.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Permanent Transfer of Licence
Public Houses
Mr. A.J. Dunn, Doon Tavern,
9/6 Logan Lea Terrace, 1 High Street,
Edinburgh. Dalmellington.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Hotels
Senga Campbell & Margaret McPheators, Auchinleck Arms Hotel,
Margaret McPheators 222 Main Street, Main Street,
Partners of & Trustees Auchinleck. Auchinleck.
for the Firm of
Auchinleck Arms Hotel,
Main Street,
Auchinleck.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Douglas Sivewright, Old Mill Inn,
2 Home Farm, 20/24 Mill Street,
Kinblethmont, Catrine.
by Arbroath
WITHDRAWN.
---------------------------------------------------------------------------------------------------------------------------
Alison Peebles, The Black Bull Hotel,
7 Sycamore Gardens, 1 Furness Road,
Blackwood, Muirkirk.
Kirkmuirhill,
Lanark.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Off-Sales
Nasir Khan, Gogy’s Mini Market,
22/30 St. Germain Street, 22/30 St. Germain Street,
Catrine. Catrine.
As the Board received conflicting information that Mr. Peter Pierotti was the Manager of Gogy’s Mini Market, Mr. Khan, the applicant, was cited to attend the Board Meeting to clarify the position with regards to the application. Mr. Anderson, Agent for the Applicant, gave an assurance that Mr. Khan is in fact the Manager of the premises, however Mr. Pierotti was considering buying the premises and was in the shop for a trial period. This was not the information that Mr. Pierotti had given to Sheriff Officers who had visited the premises in connection with another matter. Mr. Anderson explained that on the day the Sheriff Officers visited, Mr. Khan was absent from the premises and Mr. Pierotti told the Sheriff Officers that he was the Manager, which was not in fact correct. Mr. Anderson advised the Board that it was hoped that there would be a transfer of the licence to Mr. Pierotti at a future Board Meeting, but at the moment Mr. Khan remains the person responsible for the licence. Mr. Pierotti confirmed that this was in fact the case. Chief Superintentent Hood indicated she was satisfied by this explanation that Mr. Khan would be responsible for the licence.
The Board accepted the explanation given and granted the licence.
---------------------------------------------------------------------------------------------------------------------------
Caroline Keirs, Keirs Stores, (Seaview Stores)
87 Lane Crescent, Kerse Terrace,
Drongan. Rankinston.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Ahmad Iqbal, 8 McClymont Court,
1 Cairnban Court, Cumnock.
Carluke.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Gaming Machine Permits
Public Houses
Alice McConnachie, One Machine
Craighead Inn,
7/11 Glaisnock Street,
Cumnock.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
James Herbertson, One Machine
Swallow Inn,
Burnfoot,
Patna.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Hotels
Douglas Sivewright, One Machine
The Old Mill Inn,
20/24 Mill Street,
Catrine.
WITHDRAWN
---------------------------------------------------------------------------------------------------------------------------
Alison Peebles, One Machine
The Black Bull Hotel,
1 Furness Road,
Muirkirk.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Entertainment Bye-Law Consent
Public House
James Herbertson, Live Music & Organ Music
Swallow Inn,
Burnfoot,
Patna.
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Hotel
Alison Peebles, Live Music, Recorded Music,
The Black Bull Hotel, Juke Box, Musical Instruments,
1 Furness Road, Singers.
Muirkirk.
Strathclyde Police observed that the Board may wish to satisfy themselves on the type of “live music” applied for and the number of people attending. Mrs. Peebles advised the Board that live music had been applied for in the hope that the hotel could hold small social functions and supper dances and that the number of people attending would comply with safety regulations. Granted.
---------------------------------------------------------------------------------------------------------------------------
Children’s Certificate
William Buchanan, Stair Inn,
Stairholm, Stair,
Stair, by Mauchline.
by Mauchline.
Both Strathclyde Police and the Senior Building Control Officer drew the Boards attention to the fact that application had been made in respect of the whole premises and suggested that the Board consider restricting the application to that part of the premises set aside for the provision of table meals. Granted - to be restricted to the Dining Room area only.
---------------------------------------------------------------------------------------------------------------------------
Item for Noting
Section 35 Consent granted in respect of alterations.
Mrs.Ahmed, Cronberry Stop,
Cronberry Schoolhouse, Cronberry Schoolhouse,
Cronberry. Cronberry.
NOTED
---------------------------------------------------------------------------------------------------------------------------
Regular Extension of Permitted Hours (For One Year Only)
Public House
Douglas Aitken, The Boswell Arms,
Grove Cottage, 2 Coal Road,
10 Cowgate, Auchinleck.
Mauchline.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Robert Black, Brewery Bar,
34 St. Germain Street, St. Germain Street,
Catrine. Catrine.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Alice McConnachie, Craighead Inn,
18 Main Street, 7/11 Glaisnock Street,
Auchinleck. Cumnock.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Yvonne Alexander, The Welcome Bar,
2 Littlemill Road, 2 Littlemill Road,
Drongan. Drongan.
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Hugh Howat, Hollybush Inn,
Hollybush Inn, Hollybush,
Hollybush, by Ayr.
by Ayr.
Friday & Saturday 11pm - 1am
GRANTED
---------------------------------------------------------------------------------------------------------------------------
William Buchanan, Stair Inn,
Stairholm, Stair,
Stair, by Mauchline.
by Mauchline.
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm
GRANTED
---------------------------------------------------------------------------------------------------------------------------
James Herbertson, Swallow Inn,
Burnfoot, Burnfoot,
Patna. Patna.
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Hotel
Senga Campbell & Margaret McPheators, Auchinleck Arms Hotel,
Partners & Trustees of the Firm of Main Street,
Auchinleck Arms Hotel, Auchinleck.
Main Street,
Auchinleck.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
William Adams, The Old Mill Inn,
Mill Street, Mill Street,
Catrine. Catrine.
Monday to Saturday 11pm - Midnight
Sunday 11.30am - 12.30am & 2.30pm - 6.30pm
& 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Peter Conway, Dumfries Arms Hotel,
54 Glaisnock Street, 54 Glaisnock Street,
Cumnock. Cumnock.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 11am - 12.30pm & 2.30pm - 6.30pm
& 11pm - Midnight
Mr. Tannock, Senior Building Control Officer, was asked by Councillor Taylor if there was not an outstanding planning complaint relating to these premises. The Board was advised that there was an Enforcement Notice for the removal of concrete bollards at the rear of the hotel and that, despite his having written to Mr. Conway on several occasions, there had, to date, been no compliance. Councillor Taylor then asked the Clerk whether continued flauting of, for example, such planning law requirements, could not amount to someone no longer being a fit and proper person to hold a licence. The Clerk responded that this sort of issue is currently being addressed by COSLA and others, with consideration being given to a change in the legislation to provide a positive test for the fitness of licensees and stricter controls. At this time however, it was doubtful whether the Board had powers to take any action against the licensee on the grounds of the planning enforcement matter.
---------------------------------------------------------------------------------------------------------------------------
James Whiteside, The Crown Hotel,
11 The Castle, 11 The Castle,
New Cumnock. New Cumnock.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 11am - 12.30pm & 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Club
Colin Chisholm, Auchinleck Talbot F.C. Supporters
36 Dalgleish Avenue, Social Club,
Cumnock. Beechwood Avenue,
Auchinleck.
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
William Bryce, Cumnock Juniors F.C.
40 McCall Avenue, Supporters Club,
Cumnock. Townhead Street,
Cumnock.
Monday to Wednesday 11pm - Midnight
Thursday to Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Robert Wallace, Dalmellington Bowling Club,
4 Ayr Road, New Street,
Dalmellington. Dalmellington.
Friday & Saturday 11pm - Midnight
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Carol Gibson, Afton Lily Social Club,
60 Connel View, 12 Polquheys Road,
New Cumnock. New Cumnock.
Monday to Thursday 11pm - Midnight
Friday & Saturday 11pm - 1am
Sunday 2.30pm - 6.30pm & 11pm - Midnight
GRANTED
---------------------------------------------------------------------------------------------------------------------------
Matt McComb, Ochiltree Bowling Club,
35 Main Street, Kay Park,
Ochiltree. Mill Street,
Ochiltree.
Monday to Friday 11pm - Midnight
Saturday 10am - 11am & 11pm - Midnight
Sunday 10am - 12.30pm & 2.30pm - 6.30pm
& 11pm - Midnight
The Board noted that Mr. McComb had applied for an extension from 10 a.m. to 12.30 p.m. on Sundays. It not being the Board’s practice to grant extensions before 11 a.m. on Sundays, the Board refused the Sunday extension from 10 a.m. to 12.30 p.m. on Sundays, however granted from 11 a.m. to 12.30 p.m.
---------------------------------------------------------------------------------------------------------------------------
Provisional Grant of Licence
Public House
Robert Kyle, The Black Bull Hotel,
19 Barony Road, 5 Earl Grey Street,
Auchinleck. Mauchline.
Strathclyde Police advised the Board that they could offer no comments in this case, as Mr. Kyle had been unable to attend for interview. Mr. Tierney, Agent for the Applicant, apologised to the Board on behalf of Mr. Kyle explaining that, due to personal business commitments his client had been unable to attend for interview but submitted that Mr. Kyle was a well established business man in the area. The Chairman expressed her disappointment and reminded Mr. Kyle that he knows the rules and regulations of the Board and that he must co-operate with the Police. The Board then granted the licence, subject to Mr. Kyle undergoing a satisfactory interview with Strathclyde Police.
Councillor R. Taylor asked Mr. Kyle if he would be changing the name of the premises as it would no longer be an hotel. Mr. Tierney replied that consideration was being given to the name of the premises.
---------------------------------------------------------------------------------------------------------------------------