EAST AYRSHIRE LICENSING BOARD · 2014-09-02 · EAST AYRSHIRE LICENSING BOARD Minute of the meeting of East Ayrshire Licensing Board held on Tuesday 18 November 2008 at 10.45am SEDERUNT

EAST AYRSHIRE LICENSING BOARD

Minute of the meeting of East Ayrshire Licensing Board held on Tuesday 18 November 2008 at 10.45am

SEDERUNT : Councillor Buchanan, Councillor Campbell, Councillor H Coffey, Councillor

Dinwoodie, Councillor J McGhee, Councillor N McGhee, Councillor Ross and Councillor J Sutherland.

ATTENDING : Mr S McCall (Depute Clerk to the Licensing Board), Mr D McDowall

(Building Standards), Mr G Mair (Environmental Health), Mrs C McEwan and Mr I Hiles (Licensing Standards Officers), Mrs P Duncan and Ms S Gillies (Licensing Board Administrators).

Councillor Cree and Councillor Cuninghame were unable to attend the meeting due to other commitments. The Chair welcomed everyone to the meeting and introduced the first item of business.

1. SEDERUNT

Noted. 2. MINUTES OF MEETINGS

2.1 Minute of the Licensing Board meeting held on 23 September 2008 was approved and noted.

3. APPLICATIONS Consider applications received under the Licensing (Scotland) Act 2005, Licensing

(Scotland) Act, 1976, as amended and the Gambling Act, 2005 – Appendix I. There being no further business, the meeting ended at 12.10pm.

Appendix I LICENSING (SCOTLAND) ACT, 2005 PERSONAL LICENCE APPLICATIONS Applicant Representative John Duncan Kyle 215 Main Street Auchinleck Granted ---------------------------------------------------------------------------------------------------------------------------- James Rothwell Carmichael 4 Stellhead Avenue New Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- Thomas Anthony Cairns 5 Garden Street Galston The Depute Clerk advised that Mr Cairns had been convicted of a road traffic offence at Kilmarnock Sheriff Court on 17 July 2008 and was fined £400 and disqualified from driving for one year. As the offence was a relevant conviction in terms of the Licensing (Scotland) Act, 2005, the matter was brought to the Board’s attention. Mr Cairns appeared before the Board and explained that the conviction was a silly mistake on his part. He advised that the driving ban was to be reduced by three months due to him attending a Drink Driving Awareness Course. The Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- James Robert Dinning Carruthers Curdie Sturrock & Co Meiklemosside Farm 1 Howard Street Fenwick Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Linda Cairns Harper MacLeod 5 Garden Street 45 Gordon Street Galston Glasgow Granted

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---------------------------------------------------------------------------------------------------------------------------- Giri Raj Bhandari 84 Langside Avenue Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Arjon Bhandari 84 Langside Avenue Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Annette Helen Mitchell 1 The Holm Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- David Mitchell 1 The Holm Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- Evelyn Hill 13 Lainshaw Avenue Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Rita Mackin 4B Titwood Drive Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Lynne Margaret Mackin

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23 Kirkton Road Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Jean Gillies 33 Redding Avenue Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Marco Sinforiani 33 Waverley Avenue Kilmarnock Granted ---------------------------------------------------------------------------------------------------------------------------- Janet Kuzmak 1 Ladeside Road Kilmaurs Granted ---------------------------------------------------------------------------------------------------------------------------- Iftikhar Ahmed 37 Dippol Crescent Auchinleck Granted ---------------------------------------------------------------------------------------------------------------------------- David Harkness Yeats 8 Fisher Court Knockentiber Granted ---------------------------------------------------------------------------------------------------------------------------- Robert McKinstry 171 Carnshalloch Avenue Patna

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Granted ---------------------------------------------------------------------------------------------------------------------------- Morean Elizabeth Hamilton The Stables Liffnock Yard Hurlford Granted ---------------------------------------------------------------------------------------------------------------------------- Shabeena Ahmed 37 Dippol Crescent Auchinleck Granted ---------------------------------------------------------------------------------------------------------------------------- Omaira Ahmed 37 Dippol Crescent Auchinleck Granted ---------------------------------------------------------------------------------------------------------------------------- Rana Manan Ahmed Flat 22 St Germain Street Catrine Granted ---------------------------------------------------------------------------------------------------------------------------- William Wilson Alexander 149 Holmburn Road Netherthird Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- David McLean Hanlon 4 Park Terrace Lugar,

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Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- Nisar Ahmad Cronberry Schoolhouse Crobnberry Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- Julie Edgar 4 Brewland Street Galston Granted ---------------------------------------------------------------------------------------------------------------------------- John Foster Brown Little Hill Farm Cottage Hurlford Granted ---------------------------------------------------------------------------------------------------------------------------- The Depute Clerk advised that a request had been made from Mr Andrew Hunter, Solicitor, for the Board to consider the applications for premises licences in respect of premises at The Howard Arms, Kilmarnock, Bridges Bar, Crosshouse and The Kirkton Inn, Dalrymple at the start of business as he needed to be back in Glasgow prior to midday due to other commitments. The Board agreed. ---------------------------------------------------------------------------------------------------------------------------- PREMISES LICENCE APPLICATIONS Applicant Representative Premises Kirkmill Limited Harper MacLeod The Howard Arms 5/7 Glencairn Square Solicitors 5-7 Glencairn Square Kilmarnock The Ca’d’oro Kilmarnock 45 Gordon Street Glasgow The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00pm – Midnight 11.00am – 10.00pm

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Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: The premises will remain open until 2.00am on 24 December, 25 December, 26 December and 31 December each year, and 1 January and 2 January each year. Activities/Services to be Provided: Restaurant facilities and bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music and live performances will be permitted. Gaming, indoor/outdoor sports and televised sport will also be permitted. Activities such as darts, pool, charity/fund raising events, poker, disco, D.J., quiz nights and bingo will also be available. Outdoor drinking facilities will be available. Children and Young Persons: Children and young persons from 0yrs to 17yrs will be allowed entry to the lounge area, games area and beer garden of the premises for the purpose of a meal, to attend a private function and to view live televised sporting events of local and national interest, including football, athletics, rugby, boxing, horse racing and any other major events which customers wish to be involved. They will be permitted to enter the premises between the hours of 11.00am and 8.00pm unless attending a private function where they shall be permitted to remain on the premises until the termination of the function, but not later than the terminal core hour for that date. The Depute Clerk highlighted that the applicant intended to allow children within the premises to view live televised sporting events of local and national interest, including football, athletics, rugby, boxing, horse racing and any other major events which customers wished to be involved.

The Depute Clerk advised that these premises were inspected by Building Standards on 6 November 2008 and found to be satisfactory.

Addressing the occupant capacity of the premises, the Depute Clerk stated that Building Standards had calculated the occupant capacity as follows:- Applicants capacity:- 265 Total Building

Escape capacity:- 260 Public Bar 130m2

260 Total

Sanitary facilities:- Existing

The current sanitary provision provides for 150 Male customers and 45 Female customers

Sanitary facilities:- Required

174 (87 Male / 87 Female)

To accommodate 174 customers with a 50/50 split the female sanitary facilities are inadequate. There is an accessible toilet within this premise. To achieve this capacity requires additional accommodation as follows:-Female:- 1 wc and 2 whb’s

Total Sanitary facilities required to

174

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accommodate operating capacity

Trading Operating Capacity:-

260

Mr Hunter, Solicitor, appeared together with Mr Millar and accepted an occupant capacity of 260. Addressing children within the premises, Mr Hunter advised that it was intended to allow children access to the premises until 8pm for the purpose of having a meal, however on such occasions such as Scotland football games and Kilmarnock football games, the premises were too busy to offer food. It was still intended to permit children entry to the premises on these occasions, however no food would be available. Councillor Ross pointed out that what Mr Hunter had suggested was not what was detailed on the application. To clarify the matter Mr Hunter submitted that it was intended to allow children entry to the premises for the purpose of having a meal. When major sporting games were televised and the premises were busy, it was still intended to permit children entry to the premises only until 8pm, however no food could be provided. The Chair suggested that consideration of the application be continued to a future meeting of the Board to allow Mr Hunter to amend the section of the operating plan relating to children being permitted entry to the premises. Mr Hunter agreed to re-word question 6 of the operating plan. Consideration of the application was continued to a future meeting of the Board. ---------------------------------------------------------------------------------------------------------------------------- Belhaven Brewery Co Ltd. Bridges Bar Spott Road 1 Kilmarnock Road Dunbar Crosshouse East Lothian The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Monday – Wednesday 11.00pm – Midnight 11.00pm – 10.00pm Thursday – Sunday 11.00pm – 1.00am 11.0am – 10.00pm Seasonal Variations: No Activities/Services to be Provided: Bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music and live performances will be permitted. Gaming, indoor/outdoor sports and televised sports will also be permitted, together with activities such as quiz nights, dominoes, charity nights or similar social activities appropriate to the target market.

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Outdoor drinking facilities will be available. On the request to cater for an early morning funeral alcohol will be sold from 9.00am. Children and Young Persons: Children and young persons from 0yrs to 17yrs will be permitted to enter the premises only when accompanied by an adult and will be allowed to remain until 9.00pm. Children and young persons attending a private function in the lounge bar will be allowed to remain on the premises until the end of the event. Children and young persons will not be allowed to enter the public bar or games room. The Depute Clerk highlighted to Members that the applicants were requesting to open until 1am on Sundays, which was outwith the guidelines previously agreed by the Board and to open from 9am to cater for funerals. He reminded the Board of the decision taken previously to have a consistent approach to funerals by allowing a 10am opening subject to prior notification, by the licensee. The Depute Clerk also pointed out that the applicant intended to allow children and young persons access to the premises until 9pm each evening, however did not provided details of any facilities which would be provided.

The Depute Clerk advised that these premises were inspected by Building Standards on 22 October 2008 and the following matters identified:-

1. An emergency lighting test requires to be carried out. The Depute Clerk also advised that this matter would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.

Addressing the occupant capacity of the premises, the Depute Clerk advised that the applicant did not accept the figure proposed by Building Standards, which was calculated as follows:-

Applicants capacity:- 255 Total Building

Escape capacity:- 84 Lounge 42m²

48 Public bar 24m²

2 Games area 21m²

134 Total


The current sanitary provision provides for 150 male customers and 75 Female customers


116 (58 Male /58 Female)

To accommodate 116 customers with a 50/50 split the sanitary facilities are adequate. There is an accessible toilet within this premise.

Total Sanitary facilities required to accommodate operating capacity

116

9


134

Mr Hunter appeared on behalf of the applicants, together with Mr Howat and agreed to the amendment of the operating plan to show the premises opening from 10am to cater for funerals, subject to prior notification. He advised that the operating plan should also be amended to show that children would be permitted access to the premises until 9pm when food would be available. Addressing the occupant capacity, Mr Hunter advised that his clients had calculated the occupant capacity of the premises to be 255, being 197 based on the customer area and 58 for the beer garden area. Mr McDowall advised that the calculation had been based on the Building Standards (Scotland) Regulations and provided for 84 customers in the lounge, 48 in the public bar and 2 for the games area, as there was currently a pool table within this area. Mr Hunter asked if the occupant capacity could be raised to 157 if the pool table was removed from the games area. The Chair asked if the applicants intended to removed the pool table. As it was not intended to removed the table, the Board agreed that the occupant capacity should remain at 134. Mr Hunter accepted the occupant capacity of 134 and asked for an occupant capacity of 58 for the beer garden area. The Board agreed. On a point of clarification, Councillor Ross asked if children would be permitted entry to the premises only for the consumption of a meal. Mr Hunter stated that children would be permitted entry to the premises when food would be available, however there would be no requirement for the child to have a meal. Addressing the request to open until 1am on Sundays, Mr Hunter explained that the premises catered for shift workers from the local paper mill and Crosshouse hospital. As Sunday nights had become busier that Saturday nights, it was intended to provide entertainment such as Scottish folk music. Mr Hunter referred to a recent article in the Sunday Mail in which his clients featured regarding Scottish music. Mr Hunter suggested that a condition could be placed on the licence that the premises only open until 1am when such entertainment was to be provided. The Chair suggested that occasional extensions could be applied by the applicants to cater for such occasions. Councillor Campbell moved that the core hour be granted until midnight only on Sundays. The Board agreed unanimously. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence, as amended and set the occupant capacity at 134 and 58 in respect of the beer garden area. The Board also restricted the use of the outdoor drinking area to 9pm each evening, granted permission for the premises to open at 10am to cater for funerals, subject to prior notification and restricted the core hour on Sundays until midnight. ----------------------------------------------------------------------------------------------------------------------------

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MacKinnon Hotels & Inns Ltd. Harper MacLeod The Kirkton Inn 10 Princes Street Solicitors 1-3 Main Street Thurso The Ca’d’oro Dalrymple 45 Gordon Street Glasgow The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00am – Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: No Activities/Services to be Provided: The premises have 12 letting bedrooms. Conference/restaurant facilities and bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Gaming, indoor/outdoor sports and televised sport will be permitted, together with activities such as quiz nights, karaoke, Wii games nights and phychic nights. Outdoor drinking facilities will be available. Children and Young Persons: Children and young persons aged 0yrs – 17yrs will be allowed to enter all areas of the premises with the exception of the public/lounge bar, when accompanied by an adult for the purpose of having a meal, attending a function, or when resident on the premises. They will be allowed to remain on the premises until 9.00pm, unless resident when they are permitted to remain on the premises at all times. The Depute Clerk advised that these premises were inspected by Building Standards on 27 October 2008 and the following matters identified:-

1. Remove slip bolts at doors between dining area and corridor. 2. Ensure emergency light at dining area is operational. 3. The premises are currently closed to the general public.

The Depute Clerk advised that these matters would be intimated to the applicant and items 1-2 reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.

Addressing the occupant capacity of the premises, the Depute Clerk stated that Building Standards had calculated the occupant capacity as follows:-


Escape capacity:- 61 Public Bar/Lounge Area 30.48m²

20 Family Area 16.55m² (limited to 20 due to one common means of escape)

33 Dining/Breakfast area 33m²

44 Dining Area 44.06m²

11

7 Bedrooms

165 Total







105


165

The Depute Clerk advised that the applicant had accepted the occupant capacity of 165. On a point of clarification, the Depute Clerk advised that he had understood that there was a proposal to strike off the applicant company. Mr Hunter appeared before the Board on behalf of the applicants and advised that he was aware that his clients had handed back the keys of the premises to the landlords, however was not aware that there was a petition to wind them up. As the premises were currently closed, Mr Hunter proposed that the licence be granted and that an application to transfer the licence would be lodged in due course. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence, set the occupant capacity at 165 and restricted the use of the outdoor drinking area to 9pm each evening, ---------------------------------------------------------------------------------------------------------------------------- Costley Inns & Wine Bars Ltd. Black Hay The Cochrane Inn 4 Altantic Quay Solicitors 45 Main Road 70 York Street 45/47 Main Street Gathead Glasgow Prestwick The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00am - Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: No Activities/Services to be Provided: Restaurant facilities and bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Televised sport will be permitted. Outdoor

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drinking facilities will be available. In the event of a request to cater for a funeral the licensee will sell alcohol from 10.00am. Children and Young Persons: Children and young persons from 0yrs – 17 yrs will be permitted entry to the premises for the purpose of a meal and must vacate the premises no later than 11.00pm. They will also be permitted to enter the premises to attend a function and will be allowed to remain on the premises until the terminal hour of the function. Children and young persons must be accompanied by a responsible adult. The Depute Clerk advised that these premises were inspected by Building Standards on 21 October 2008 and found to be satisfactory.



Escape capacity:- 48 Restaurant 48m²

37 Restaurant 30m² (22.5m² restaurant and 7.5m² bar standing)

85 Total




78 (39 Male/ 39 Female)



78


85

The Depute Clerk explained that a letter had been received from the Agents for the applicants accepting an occupant capacity of 85. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence, set the occupant capacity at 85 and restricted the use of the outdoor drinking facilities to 9pm each evening. The Board also allowed the applicant to open at 10am to cater for funerals, subject to prior notification. ---------------------------------------------------------------------------------------------------------------------------- John Kyle Market Inn 215 Main Street 215 Main Street Auchinleck Auchinleck The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale

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Sunday – Monday 11.00am – Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: The premises will remain open for an additional hour from the terminal hour on 24 December, 25 December, 26 December, 31 December and 1 January each year. Activities/Services to be Provided: Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Gaming, indoor/outdoor sports and televised sport will also be permitted. Activities such as karaoke, race nights, quiz nights, pool and poker tournaments and live entertainment will also be permitted. Once every month the premises social club hold meetings outwith the core hours, however no alcohol will be sold. Children and Young Persons: Children and young persons from 10yrs to 17yrs will be permitted entry to the lounge area to the rear of the premises until 10.00pm to attend a private function. They will also be permitted entry for half an hour prior to the football bus leaving the premises. Children and young persons must be accompanied by an adult at all times. The Depute Clerk highlighted that the applicant intended to allow children and young persons aged 10 to 17 years access to the premises for half an hour prior to the football bus leaving the premises. The Depute Clerk advised that these premises were inspected by Building Standards on 24 October 2008 and the following matters identified:-

1. Directional signage required above both exit doors from bar / lounge area. The Depute Clerk advised that this matter would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.




3 Games Room 29.68m²

97 Total






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82


82

Mr Kyle appeared before the Board and explained that buses left from his premises, or from a point near to his premises, to travel to Celtic and Rangers football games and to Talbot Junior Football Club away games. He intended to allow children and young persons access to the premises for half an hour prior to the football buses leaving the premises. Councillor Campbell asked if Mr Kyle would be strict in keeping to the half hour prior to the football buses leaving. Mr Kyle confirmed that children and young persons would be permitted entry to the premises only for half an hour prior to buses leaving to travel to Celtic football games, Rangers football games and Talbot Junior Football Club away games. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity at 82. ---------------------------------------------------------------------------------------------------------------------------- John Timpany & Thomas Wilson Glens Bar & Lounge 17 Afton Road 116 Castle New Cumnock New Cumnock The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Sunday & Monday 11.00am – Midnight Tuesday, Wednesday & Thursday 3.00pm – Midnight Friday & Saturday 11.00am – 1.00am Seasonal Variations: The premises will remain open until 1.00am on 24 December and until 2.00am on 31 December each year. Activities/Services to be Provided: Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music will be available. Gaming, indoor/outdoor sports and televised sport will be permitted. Activities such as quiz nights, festive parties, karaoke, pool and darts nights, disco and D.J., will also be permitted. On occasion the premises may be used to cater for football meetings outwith the core hours, however alcohol will not be available. If requested to cater for funerals or weddings the premises will open from 11.00am. Children and Young Persons:

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Children and young persons aged between 5yrs and 17yrs will be permitted entry to the lounge area within the premises to attend a private function until 7.00pm. Children and young persons aged between 8yrs and 17yrs will also be permitted to enter the premises one hour prior to Glenafton Athletic Juniors Football Club Matches. Children and young persons must be accompanied by a responsible adult. The Depute Clerk highlighted that the applicant intended to allow children and young persons aged between 8 and 17 years entry to the premises for one hour prior to Glenafton Athletic Juniors Football Club Matches.

The Depute Clerk also advised that these premises were inspected by Building Standards on 27 October 2008 and the following matters identified:-

1. Remove slip bolts at rear exit doors. 2. Provide management statement regarding locks on final exit doors to front and rear. 3. Emergency lights at lounge bar and corridor are required to be operational.

The Depute Clerk advised that these matters would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.




60 Public bar 42.45m² (Restricted to 60 persons due to this area only having one suitable means of escape)

140 Total







93


140

Mr Timpany appeared before the Board and agreed to an occupant capacity of 140.

Addressing the issue regarding children and young persons aged between 8 and 17 years being permitted entry to the premises for one hour prior to Glenafton Athletic Juniors Football Club matches, Mr Timpany explained that there were limited facilities in New Cumnock that that this permission was sought to accommodate local parents taking their children to the football games.

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As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity 140. ---------------------------------------------------------------------------------------------------------------------------- Trust Inns Limited Andersons The Wellington Bar Blenheim House Solicitors 8 Wellington Street Ackhurst Park 125 West Regent Street Kilmarnock Foxhole Road Glasgow Chorley Lancashire The sale of alcohol will be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Monday – Wednesday 11.00am – Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Sunday 12.30pm – Midnight 12.30pm – 10.00pm Seasonal Variations: No Activities/Services to be Provided: Conference facilities will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music and live performances will be permitted. Gaming, indoor/outdoor sports and televised sport will also be permitted. Other permitted activities include, but are not limited to, live bands, singers, disco, dancing, D.J., cabaret, stand up and comedy, talent nights, open mic nights, karaoke, party nights, dinner dances, race/poker nights, tea dances, charity nights, magicians, fortune teller, psychic entertainers, wine and food tasting evening, promotional evenings and seasonal events. Children and Young Persons: Children and young persons will not be permitted to enter the premises. The Depute Clerk advised that these premises were inspected by Building Standards on 22 October 2008 and the following matters identified:-

1. Emergency Lighting bulbs to be replaced ; The Depute Clerk advised that this matter would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.



Escape capacity:- 38 Public bar 19m²

2 Darts Room

20 Games area drinking area 10m²

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2 Games area 20m²

62 Total

Sanitary facilities:- Existing The current sanitary provision provides for 75 male customers and 10 Female customers

Sanitary facilities:- Required 42 (21 Male /21 Female)

To accommodate 42 customers with a 50/50 split the female sanitary facilities are inadequate. There is no accessible toilet within this premise. To achieve this capacity requires additional accommodation as follows:-

Female:- 1 wc and 1 whb’s


42


60

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity at 60. ---------------------------------------------------------------------------------------------------------------------------- Alisdair & Deborah Hood Merchants Restaurant 12 Queen Street 12 Queen Street Kilmarnock Kilmarnock The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Monday – Sunday 11.00am – Midnight Seasonal Variations: The premises may close early on any day of the week/weekend, subject to customer demand. Activities/Services to be Provided: Conference/restaurant facilities will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music will be permitted. Conference facilities may be provided from 9.00am, however, no alcohol will be served outwith the core hours. Children and Young Persons: Children and young persons aged 0yrs to 15yrs will be permitted to enter the premises, when accompanied by an adult, for the purpose of a meal. Young persons aged 16yrs and 17yrs will be allowed to enter the premises without the need to be accompanied by an adult for the purpose of a meal, however they will not be served alcohol. Children and young persons will be allowed to remain on the premises until closing time.

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The Depute Clerk advised that these premises were inspected by Building Standards on 16 October 2008 and the following matters identified:-

1. Provide suitable emergency exit lighting and signage to 1st floor door leading to escape stair enclosure.

2. Upgrade signage to “running man” criteria from ground floor restaurant into stair enclosure and final exit door.

3. Provide “fire exit – keep clear” sign externally to exit from stair enclosure. 4. Doors of the stair enclosure (protected zone) require to be provided with intumescent

strips and smoke seals. Please also note that these doors should not be wedged open. 5. A test requires to be carried out on the emergency lighting system to ensure adequacy of

provision and operation. 6. A written management statement requires to be provided for the security bolts on the

exit door. 7. If it can be proven that the maximum travel distance from any point on the upper floor

to the door into the main escape stair enclosure is within 15m and given the low occupancy of the upper floor, then issues relative to the common escape stair may not need to be considered under this application.

Mr McDowall advised that item 7 had been checked prior to the Board meeting and was now in order. The Depute Clerk advised that the remaining items would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.



Escape capacity:- 60 Ground Floor restaurant 60m²

40 First Floor restaurant 40m²

100 Total




80-(40 Male / 40 Female)

To accommodate 80 customers with a 50/50 split the female sanitary facilities is inadequate. There is no accessible toilet within this premise. To achieve this capacity requires additional accommodation as follows:-



80


80

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As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity at 80. ---------------------------------------------------------------------------------------------------------------------------- Karen Okasha & Kam Jian Wong Peking House Restaurant 25 Wallace Street 25 Wallace Street Galston Galston The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Sunday – Wednesday 12 Midday – 12 Midnight Thursday – Saturday 12 Midday – 1.00am Seasonal Variations: The premises are currently closed on a Monday, Tuesday and Wednesday, however, this can change in response to customer demand. The restaurant is normally closed between 2.30pm and 5.00pm daily, however this can change according to customer demand for party bookings, office lunches etc., over the festive period. Activities/Services to be Provided: The premises operate as a Cantonese Restaurant. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music will be permitted. Children and Young Persons: Children will be permitted to enter the premises, when accompanied by an adult, for the purpose of a meal. Young persons will not require to be accompanied by an adult provided that they are responsible and mature and they will not be supplied with alcohol at any time. The Depute Clerk advised that these premises were inspected by Building Standards on 14 October 2008 and the following matters identified:-

1. The layout plans are inaccurate as the premise has an accessible toilet. 2. The emergency lighting was tested, the fitting at the toilet area was faulty 3. Copy of the Fire alarm detection system test and commissioning certificate to supplied.

The Depute Clerk advised that these items would be intimated to the applicant and items 2 and 3 reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.



Escape capacity:- 60 Restaurant

60 Total

20







60


60

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity at 60. ---------------------------------------------------------------------------------------------------------------------------- Anita Muhammed Zayka 23 Tinto Road 2 Lainshaw Street Bearsden Stewarton Glasgow The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Saturday – Thursday 4.30pm – Midnight Friday 12 Noon – Midnight Seasonal Variations: The premises currently close on a Monday, however this may change due to customer demand, or to cater for parties of the festive period. The premises may also close early on any day of the week subject to customer demand. Activities/Services to be Provided: The premises offer Indian cuisine. Recorded music and live performances will be permitted. Children and Young Persons: Children aged 0yrs – 15yrs will be permitted to enter the premises, when accompanied by a responsible adult, for the purpose of consuming a meal, and will be allowed to remain during the core hours. Young persons aged 16yrs – 17rs will be permitted to enter the premises without the need to be accompanied by an adult, but will not be supplied with alcohol.

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The Depute Clerk advised that these premises were inspected by Building Standards on 13 November 2008 and were found to be satisfactory.


Escape capacity:- 67 Ground Floor restaurant 67m2

67 Total




38 (19 Male /

19 Female)

To accommodate 38 customers with a 50/50 split the sanitary facilities is adequate. There is an accessible toilet within this premise.


38


38

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity 38. ---------------------------------------------------------------------------------------------------------------------------- New Cumnock Bowling Club New Cumnock Bowling Club 19 The Castle 19 The Castle New Cumnock New Cumnock The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Sunday – Wednesday 11.00am – Midnight Thursday – Saturday 11.00am – 1.00am Seasonal Variations: During the bowling season (April – September) the Club will operate between the core hours stated. During the non bowling season the premises are normally closed from Monday to Thursday except when catering for funerals, meetings, functions etc. Activities/Services to be Provided: Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Showing of films, gaming, indoor/outdoor sports and televised sport will be permitted. Children and Young Persons:

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Junior members will be permitted to enter the premises for the purpose of playing bowls. Children and young persons will also be permitted to enter the function hall within the club to attend a function, when accompanied by a responsible adult, and will be allowed to remain on the premises until the end of the function. The Depute Clerk advised that these premises were inspected by Building Standards on 27 October 2008 and the following matters identified:-

1. Slip bolts on doors from function suite to vestibule to be removed. 2. Supply management statement regarding locks on final exit doors. 3. Install external emergency lights at exit doors.



Escape capacity:- 315 Function Suite and lounge Bar

315 Total






93


140

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity 140. ---------------------------------------------------------------------------------------------------------------------------- Mauchline & District Lockharts Mauchline & District Kilmarnock Kilmarnock F C Supporters Solicitors F C Supporters Recreation & Recreation & Social Club 12 Beresford Terrace Social Club 8-12 Earl Grey Street Ayr 8-12 Earl Grey Street Mauchline Mauchline The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Sunday – Thursday 11.00am – Midnight

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Friday & Saturday 11.00am – 1.00am Seasonal Variations: No Activities/Services to be Provided: Bar meals will be provided. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Gaming and televised sport will be permitted. Activities such as bingo, shows, live bands, karaoke, games nights, fundraising nights, quiz and race nights, and sportsman’s dinners will also be permitted. Outdoor drinking facilities will be available. Children and Young Persons: Children and young persons aged 0yrs – 17yrs will be permitted to enter the function suite within the premises to attend a private function until 10.00pm when accompanied by an adult. The Depute Clerk advised that these premises were inspected by Building Standards on 24 October 2008 and the following matters identified:-

1. Emergency Lighting has still to be tested. 2. Escape signage required above lounge doors and above smoke control door in hall. 3. Emergency lighting required to toilets. 4. External lighting required at exit doors. 5. Fire exit keep clear sign required externally to function hall / stage exit door. 6. Management statement required for security bars / locks fitted to exit doors. 7. Exit gate from smoking area requires to be fitted with a new panic bar. The gate should

also open in direction of travel. 8. Smoke control door in ground floor hall should be kept closed. 9. Two urinals to first floor gents toilet not shown on layout plan.



Escape capacity:- 552 Ground lounge, games room and function hall

195 First Floor lounge, function hall and kitchen

747 Total






Total Sanitary facilities required to accommodate

160

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operating capacity


240

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity 240. ---------------------------------------------------------------------------------------------------------------------------- The 1011 Masonic Social Club The 1011 Masonic Social Club 104-108 Main Street 104-108 Main Street Auchinleck Auchinleck The sale of alcohol will be for consumption on the premises only. Licensing Hours Applied For: On-Sale Monday – Thursday 7.30pm – Midnight Friday 7.00pm – 1.00am Saturday 12 Midday – 1.00am Sunday 12 Midday – 11.00pm Seasonal Variations: The premises will remain open until 5.00am on the last Saturday in November each year to cater for the installation meeting of the lodge. The premises are open Monday to Thursday when Masonic meetings or business is taking place. The premises will open on a Sunday to cater for committee meetings or the occasional fundraising or charity event being held. Activities/Services to be Provided: Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances and dance facilities will be available. Gaming, indoor/outdoor sports and televised sports will be permitted. Other fundraising activities such as games nights, quiz nights and race nights will be permitted, as well as charity events such as concerts. Children and Young Persons: Children and young persons aged 5yrs – 17yrs will be permitted to enter the premises to attend a private function, however, must be accompanied and supervised by a responsible adult at all times. They will be restricted to the dance floor area within the premises and will not be permitted to approach the bar. The children’s xmas party will also be held within the premises each year at which time this restriction will not apply as the bar will be closed. The Depute Clerk hightlighed that the applicants were requesting to open until 5.00am on the last Saturday in November each year to cater for the installation meeting of the lodge.


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1. Doors at top and bottom of spiral staircase require to be fitted with panic bars. 2. Door at top of spiral staircase to be adjusted to ensure this opens properly. 3. Handrail over flight of spiral staircase requires to be upgraded. 4. Escape signage required throughout premises. 5. Emergency lighting requires to be upgraded throughout premises. 6. Emergency lighting required to male and female toilets. 7. Escape lighting required externally at rear exit. 8. Pathway to rear exit requires cleared of vegetation, and upgraded to a suitable surface

finish. 9. Layout plan should clearly show escape route from rear to place of safety. 10. Clarify designated ground floor toilet area as this is currently used as a drinks store. 11. A management statement is required for locks to exit doors. 12. All doors into hall require to be 60minute self-closing fire doors with intumescent strips

and smoke seals. 13. Area on ground floor designated as ‘under development’ requires Building Warrant

approval. The Depute Clerk advised that these matters would be intimated to the applicant and items 1-12 reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.


Escape capacity:- 234 First Floor lounge and kitchen

234 Total


Sanitary facilities:- Required 66

(33 Male / 33 Female)

To accommodate 66 customers with a 50/50 split the female sanitary facilities is inadequate. There is no accessible toilet within this premise. To achieve this capacity requires additional accommodation as follows:-



66

Trading Operating Capacity:- 100

Mr Johnston, Secretary of the 1011 Masonic Social Club, appeared before the Board and explained that the annual installation was the club’s main celebration and was a closed event. He stated that the function started at 5pm with the installation finishing at approximately 8pm. The hall would then require to be cleared and set up for a meal, which took some time, before progressing to the Harmony

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The Depute Clerk reminded the Board that similar requests had been granted by the Board in respect of other Masonic club premises, however these were in respect of installations which were being held on Fridays and which were starting at 7pm. Councillor N McGhee was agreeable to the late extension as it was a closed event with only members of the club attending. The Board agreed. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence and set the occupant capacity 100. The Depute Clerk reminded the applicant that the premises licence would not come into force until September 2009 and stressed that an occasional extension under the Licensing (Scotland) Act 1976 would require to be submitted to accommodate any extension beyond 1am prior to this date. ---------------------------------------------------------------------------------------------------------------------------- Jacqueline MacAulay Kilmaurs Convenience Store 8 Langmuir Avenue 5 Main Street Irvine Kilmaurs The premises are a licensed convenience store. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday –Sunday 10.00am – 10.00pm Opening hours may be reduced over the festive period subject to customer demand. The Depute Clerk advised that these premises were inspected by Building Standards on 14 October 2008 and the following matters identified:-

1. All surface mounted electrical cabling within the rear office should be run within trunking.

2. Emergency lighting could not be tested at time of visit 3. Circulation routes compromised by lemonade crates being stacked within the kitchen

and bread baskets on the floor adjacent to the rear office/kitchen doors 4. Single step within kitchen of approx 50mm requires to be highlighted 5. Inward opening door to the kitchen requires a handle on the inside to allow the door to

be opened from the kitchen side. 6. Rear office has no ventilation. i.e. No window or extract fan


As the application was in order and no objections or representations had been received, the Board agreed to grant the licence.

---------------------------------------------------------------------------------------------------------------------------- Co-operative Group Ltd. Tho & J W Barty Co-operative Group Ltd. New Century House Solicitors 10 Highpark Avenue Manchester 61 High Street New Cumnock

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Dunblane The premises are a licensed supermarket. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday – Sunday 10.00am – 10.00pm The Depute Clerk advised that these premises were inspected by Building Standards on 10 November 2008 and the following matters identified:-

1. Supply management statement regarding roller shutters at front and rear exit doors. 2. Insufficient emergency lights at store area. 3. Arrange a suitable time for Building Standards to view test of emergency lights. 4. No completion certificate has been applied for Building Warrant 08/00247/ALT

relating to internal alterations, infill door and install ramp access which was approved 23/06/08.


As the application was in order and no objections or representations had been received, the Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- Iceland Foods Limited DLA Piper Iceland Foods Limited Second Avenue Solicitors Fowlds Street Deeside Industrial Park 249 West George Street Kilmarnock Deeside Glasgow Flintshire The premises are a licensed supermarket. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday – Sunday 10.00am – 8.00pm The Depute Clerk advised that these premises were inspected by Building Standards on 7 November 2008 and the following matters identified:-

1. The emergency lighting test certificate required The Depute Clerk advised that this matter would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- Fahid Amin Key Store

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1 Latrin Place Unit 1 Logan Avenue Irvine Logan Cumnock The premises are a licensed convenience store. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday – Sunday 10.00am – 10.00pm The Depute Clerk advised that these premises were inspected by Building Standards on 7 November 2008 and the following matters identified:-

1. Two emergency light fittings to rear store area require to be repaired / new lamps fitted. 2. Management statement required for security devices on exit doors.


As the application was in order and no objections or representations had been received, the Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- Nisa Bellsbank Superstore Ltd. Carruthers Curdie Nicedays 62 Merrick Drive Solicitors 42-44 Dalvennan Avenue Dalmellington 1 Howard Street Patna Kilmarnock The premises are a licensed convenience store. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday – Sunday 10.00am – 10.00pm The Depute Clerk advised that these premises were inspected by Building Standards on 7 November 2008 and the following matters identified:-

1. Supply management statement regarding roller shutter to main entrance and slip bolts to rear exit door.

2. Install emergency light at store. The Depute Clerk advised that these matters would be intimated to the applicant and reported to Strathclyde Fire and Rescue Service who are the enforcing authority under the Fire (Scotland) Act 2005.

As the application was in order and no objections or representations had been received, the Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- Covesway Limited Brunton Miller Nisa Stores c/o Smith & Wallace & Co Solicitiors 6-10 Central Avenue 1 Simonsburn Road 22 Herbert Street Kilmarnock

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Kilmarnock Glasgow The premises are a licensed convenience store. The sale of alcohol will be for consumption off the premises only. Licensing Hours Applied For: Off-sale Monday – Sunday 10.00am – 10.00pm The Depute Clerk advised that these premises were inspected by Building Standards on 12 November 2008. During the survey the following issues were identified, which replicated issues highlighted during a survey in 2005:-

1) Rear exit doors, inward opening, are barred on the inside, with roller shutters on the outside lowered and snibbed from the inside. The metal bars and slipbolts should be removed during hours of operation, and roller shutters should be secured in the open position. If security is an issue, then suitable panic bars should be fitted, and outward opening doors.

2) Exit signage is restricted to ‘running man’ signs fixed to the final exit doors, with no signage to direct occupants towards these exits.

3) Inadequate emergency lighting within premise 4) Maintenance issues regarding a broken castiron soil vent pipe, missing gutters and

broken rhone pipes are still outstanding. 5) Works carried out under previous Building Warrants 03/0558 and 03/1012 have not

been certified as complete. 6) There has been hand painted ‘Fire Exit – Keep Clear’ signage above the exit doors at

the rear of the premises, but the paint has faded / peeled off and needs to be renewed. 7) The ceiling in the backshop storage areas is covered in asbestos warning notices, and it

is understood that proposals are in hand for the installation of suspended ceilings in these affected areas.

The Depute Clerk advised that a request had been made by the Agents for the applicant that consideration of the application be continued to a future meeting of the Board to allow time for the above matters to be addressed. The Board agreed. ---------------------------------------------------------------------------------------------------------------------------- Elizabeth Lyle Ballochmyle Inn 9 Pollocks Way 5 High Street Mauchline Mauchline The sale of alcohol shall be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00am – Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: The premises will remain open until 2.00am on 24 December and 31 December each year. Activities/Services to be Provided:

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Bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music and live performances will be available. Gaming and televised sport will be permitted. Activities such as themed party nights, karaoke, barbeques, football presentations, race nights, quiz nights, pool competitions and games days will also be permitted. In the event that a funeral is being catered for prior to 11.00am alcohol will be available from 10.00am. Outdoor drinking facilities will be available. Children and Young Persons: Children and young persons aged 0yrs – 17yrs will be permitted entry to the premises for the purpose of consuming a meal or attending a private function and will be allowed to remain on the premises until 10.00pm. All children and young persons must be accompanied by a responsible adult. Children will also be allowed entry to attend afternoon organised functions or events. An exception to this will be in the event of the pub football team playing at home, at which time children and young persons will be allowed within the premises one hour prior to kick off and 2 hours after the game for refreshments and buffet. The Depute Clerk advised that this application had been continued from a previous Board to allow the applicant to appear to address her request to allow children and young persons access to the premises.

Ms Lyle appeared before the Board to speak in support of the application.


1. Layout plan requires to be amended to show single door to front entrance opening in direction of travel.

2. Escape light and signage required to door leading from lounge to beer garden. 3. Escape signage required above public bar exit door. 4. Marquee to beer garden requires to be removed as this restricts means of escape. 5. Fire exit keep clear sign required outside beer garden exit. 6. Unable to test emergency lighting. 7. There is a current Building Warrant application for these premises (08/00179/ALT –

Alterations to Public House and form WC Facilities). The application is pending consideration and no works have been carried out in relation to this application.


Ms Lyle confirmed that the marquee had been removed from the beer garden.



Escape capacity:- 85 Public Bar 42m2

31

53 Lounge 26.5m2

138 Total





To accommodate 66 customers with a 50/50 split the sanitary facilities is inadequate for the ladies toilet accommodation. There is no accessible toilet within the premise. To achieve this capacity requires additional accommodation as follows:-

Female 1 wc’s and whb’s


66


100

Ms Lyle explained that she intended to allow children and young persons access to the premises for one hour prior to kick off and 2 hours after the end of the pub football team games when refreshments would be provided. She advised that the pub team played on Sundays, one or two times per month. As the application was in order and no objections or representations had been received, the Board agreed to grant the licence. ---------------------------------------------------------------------------------------------------------------------------- Lansmill (West) Limited Andersons Solicitors The Treehouse 100 Bath Street 125 West Regent Street Ground & First Floors Glasgow Glasgow 3 St Marnock Place Kilmarnock The sale of alcohol shall be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00am – 2.00am 11.00am – 10.00pm Thursday – Saturday 11.00am – 2.30am 11.00am – 10.00pm Seasonal Variations: No Activities/Services to be Provided: Conference/restaurant facilities and bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances, dance facilities, theatre, films, gaming, indoor/outdoor sports and televised sport will be permitted. Activities such as live bands, singers, disco and dancing, D.J., cabaret, stand up comedy, talent nights, open mic nights, karaoke, party night, dinner and dances, race nights, poker night, tea dances, children’s events, charity events, magicians, fortune teller, psychic entertainers,

32

wine and food tasting evenings, promotional events, seasonal events, bonus ball, football cards and darts will also be permitted. Children and Young Persons: Children and young persons aged 0yrs – 17yrs will be allowed to enter the premises during the core hours. Children under 14yrs will require to be accompanied by an adult. If children are attending an under 18 disco they will be allowed to enter without an adult if they are 14 and over. When an under 18 disco is taking place it will finish at 10.00pm and there would be a period of between 30 minutes and one hour where the premises would be checked to ensure there was no-one under the age of 18yrs remaining within that area of the premises. The premises would then re-open as a Club between 10.30pm and 11.00pm at which time there will be no access to under 18 year olds. This area can also be used as a function room and when in use as such, children and young persons would be allowed access until midnight. The Depute Clerk advised that these premises were inspected by Building Standards on 23 September 2008 and the following matters identified:-

1. The fire door accessing attic floor office accommodation requires to be fitted with intumescent strips/smoke seals and the self closing device should be in working order. The wall above the door should be sheeted/repaired in order to achieve 60 minutes fire resistance.

2. Gaps in the wall structure around the fire door leading from 1st floor bar area into stair enclosure should be suitably infilled and service penetrations made good to maintain fire resistance.

3. Intumescent strips/smoke seals should be reinstated to double leaf doors within the night club leading to all stair enclosures.

4. All fire doors within stair enclosures should be fitted with intumescent strips and smoke seals.

5. A management statement should be provided for the roller shutter at the nightclub entrance.

6. Certification requires to be provided to prove emergency exit lighting system is in working order and in accordance with BS 5266.



Applicants capacity:- 143 Ground Floor

384 First Floor

527 Total Building

Escape capacity:- 143 Ground Floor 71.5m2

440 First Floor 220m2

583 Total

Sanitary facilities:- Existing The current sanitary provision provides for:-

33

Ground Floor 150 Male customers and 65 Female customers

First Floor 450 Male customers and 165 Female customers


Ground Floor


First Floor 256 (128 Male/ 128

Female)

To accommodate 352 customers with a 50/50 split the sanitary facilities is adequate. There is an accessible toilet within both the ground and first floor areas.


352


527

The Depute Clerk advised that the Agent for the applicant had requested that the wording of the operating plan be amended to read :- If children are attending an under 18 youth event they will be allowed in without an adult if they are 14 years and over. The applicant will restrict this to the under 18 youth events. Access to under 18 youth events will be restricted to those of 12 years and upwards. Anyone who is 12 years to 14 years would have to be accompanied by an adult for such an event. Children and young persons under 18 years will not be allowed access to the club when it is in use as an 18 and over years club venue. In all other cases of access, children (15 years and under) should be accompanied by an adult but, as at present, 16 and 17 year olds (young persons) have access. Children will not require to be taking a meal in the coffee shop to have access there until 8pm and both children and young persons will be able to attend functions for the duration of a function without the necessity of taking a meal. Children attending a function will be accompanied by an adult. When the club area is in use as an under 18 youth event, that would cease at 10pm and there would be a period of between 30 minutes to one hour where the premises would be cleaned and checked to ensure there was no-one under the age of 18 remaining in the that area of the premises. The premises will then reopen as a club between 10.30pm and 11pm at which time there will be no access to under 18 year olds. This area can also be used as a function room and, when in use as such, children and young persons would be allowed access until midnight. In general for the remainder of the premises when not in use as a club, under 18 event or function room, children will be accompanied by an adult and children will be given access to the premises until 8pm which access refers to the coffee shop. Young persons will not require to be accompanied by an adult, as at present, and will have access until 10pm. Children and young persons will have access to all public parts of the premises but not behind the bars and other areas such as kitchen, office etc. The seasonal variations section was also to be amended to include - In terms of the operation of the premises, the club when operating as an 18 years and over venue it will open between 10pm and 11pm. The coffee shop will be open outwith the core hours but alcohol would not be served outwith the core hors. The club premises will only open earlier than 10pm when in use as a youth event venue or when there is a function on which is taking part in the entertainment section of the premises. As the application was in order and no objections or representations had been received, the Board accepted the amendments and agreed to grant the licence. The occupant capacity of the premises was set at 527.

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---------------------------------------------------------------------------------------------------------------------------- Lansmill (West) Limited Andersons Solicitors The Treehouse (Basement) 100 Bath Street 125 West Regent Street 3 St Marnock Place Glasgow Glasgow Kilmarnock The sale of alcohol shall be for consumption both on and off the premises. Licensing Hours Applied For: On-Sale Off-sale Sunday – Wednesday 11.00am – Midnight 11.00am – 10.00pm Thursday – Saturday 11.00am – 1.00am 11.00am – 10.00pm Seasonal Variations: No Activities/Services to be Provided: Conference/restaurant facilities and bar meals will be available. Social functions including weddings, funerals, birthdays, retirements etc., and club/group meetings will be catered for. Recorded music, live performances, dance facilities, theatre, films, gaming, indoor/outdoor sports and televised sport will be permitted. Activities such as live bands, singers, disco and dancing, D.J., cabaret, stand up comedy, talent nights, open mic nights, karaoke, party night, dinner and dances, race nights, poker night, tea dances, children’s events, charity events, magicians, fortune teller, psychic entertainers, wine and food tasting evenings, promotional events, seasonal events, bonus ball, football cards and darts will also be permitted. Children and Young Persons: Children aged 0yrs – 15yrs will be allowed to enter the premises during the core hours and will be allowed to remain on the premises until 8.00pm or until 10.00pm if consuming a meal, however, children under 14yrs will require to be accompanied by an adult. Young persons aged 16yrs and 17yrs will be permitted to remain on the premises until 10.00pm. The Depute Clerk advised that these premises were inspected by Building Standards on 23 September 2008 and the following matters identified:-

1. Bolts/locks should be removed from double leaf exit door from ground floor bar into stair enclosure.

2. All fire doors within stair enclosures should be fitted with intumescent strips and smoke seals.

3. Signage within the escape stair from lower ground floor should be upgraded to “running man” criteria.

4. The ceiling and wall structure within the ground floor stair enclosure should be made good and fire resistance maintained.

5. Certification requires to be provided to prove emergency exit lighting system is in working order and in accordance with BS 5266.



35


Escape capacity:- 356 Bar/Restaurant Area 178m2

356 Total




205 (102 Male/ 102 Female)

To accommodate 205 customers with a 50/50 split the sanitary facilities is inadequate for the ladies toilet accommodation. There is no accessible toilet within the basement.

Female 2 wc’s and 2 whb’s


205


309

The Depute Clerk advised that the Agent for the applicant had requested that the wording of the operating plan be amended to read :- In the public house area, children of 15 and under will be allowed in the premises when accompanied by an adult and for the purposes of a meal only all until 10pm. Young persons (16 and 17 years) will be allowed access as at present and until 10pm without the need to be accompanied by an adult or to have a meal all as at present. No alcohol would be served to young persons except within the very limited provisions of the Licensing (Scotland) Act 2005. In the event the public house area was used as a function room, being a function closed to general members of the public, children and young persons would be allowed entry to 12 midnight. As the application was in order and no objections or representations had been received, the Board accepted the amendments and agreed to grant the licence. The occupant capacity of the premises was set at 309. ---------------------------------------------------------------------------------------------------------------------------- APPLICATION FOR TRANSFER OF LICENCE PREMISES LICENCE Agnes Wood Whitelaw Crown Hotel 102 Main Street 152-154 Main Street Newmilns Newmilns Granted ---------------------------------------------------------------------------------------------------------------------------- Martin Kilbride Knockinlaw Stores 25 Macintyre Road 32A Knockinlaw Road Prestwick Kilmarnock

36

As no letter of consent to the transfer from the existing licensee had been received in respect of this application, the Board greed to continue consideration of the application to a future Board meeting. ---------------------------------------------------------------------------------------------------------------------------- Imran Nasim Binghams Convenience Store 36 Newark Drive 97A Glaisnock Street Glasgow Cumnock Granted ---------------------------------------------------------------------------------------------------------------------------- GAMBLING ACT 2005 APPLICATION FOR CLUB MACHINE PERMIT Loudoun Working Mens Bowling Club Loudoun Working Mens Bowling Club 71 Titchfield Street 71 Titchfield Street Galston Galston Up to 3 Category B4 Machines Granted APPLICATION FOR TRANSFER OF A PREMISES LICENCE Elizabeth Julie Williams Freddie Williams Bookmakers 2a Glaisnock Street 2 Glaisnock Street Cumnock Cumnock The Depute Clerk explained that in terms of article 12 of the Gambling Act 2005 (Premises Licence and Provisional Statement)(Scotland) Regulations 2007, an applicant must give notice of an application to transfer a premises licence to the relevant authorities detailed in Section 157 of the Act. As this process had not been followed by the applicant, the Board agreed to continue consideration of the application to a future Board meeting to allow the procedure to be followed. ---------------------------------------------------------------------------------------------------------------------------- Elizabeth Julie Williams Freddie Williams Bookmakers 2a Glaisnock Street 18 Well Road Cumnock Auchinleck The Depute Clerk explained that in terms of article 12 of the Gambling Act 2005 (Premises Licence and Provisional Statement)(Scotland) Regulations 2007, an applicant must give notice of an application to transfer a premises licence to the relevant authorities detailed in Section 157 of the Act. As this process had not been followed by the applicant, the Board agreed to continue consideration of the application to a future Board meeting to allow the procedure to be followed. ----------------------------------------------------------------------------------------------------------------------------

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Documents

EAST AYRSHIRE LICENSING BOARD · 2014-09-02 · EAST AYRSHIRE LICENSING BOARD Minute of the meeting of East Ayrshire Licensing Board held on Tuesday 18 November 2008 at 10.45am SEDERUNT