Agenda and minutes

Apologies were intimated from Amanda Hampsey and Paul Kennedy.

It was noted that there were no declarations of interest.

Susan Mair, Depute Clerk advised that this was a hearing to consider a request for a review of the premises licence in respect of the Ardview Inn received from Dr P.J McGrann, Frederick Street, Port Ellen, Islay, PA42 7BD (Appendix 1), who was in attendance. The licence holder for the premises is Eilean Properties Limited, the sole director of which is Archie McArthur who was in attendance and accompanied by his son, Grant McArthur and the designated premises manager, Angela Small. Stuart Anderson, who resided across the road from the premises, was also in attendance.

Dr McGrann advised that there had been numerous emails between Eric Dearie, Licensing Standards Officer and himself and he wished to achieve a resolution regarding the issues. Dr McGrann advised that he had welcomed the re-opening of the premises and disagreed that he was a serial complainer. He said that he had a meeting with Archie McArthur regarding noise issues on 28^th May 2022 but there had been no dialogue since then and although sound proofing was installed, it was inadequate. He said that he had never been challenging and was always polite and courteous and he did not instigate any sound test. He advised that he had visited the premises to discuss his concerns but he was then barred because it was alleged that he was disruptive to staff and customers, an allegation that he completely refuted. Dr McGrann confirmed he sent 3 letters to the owners after that but received only one reply and was not aware of any Police visits. He said that there had been continuous noise coming from the hand driers and jukebox and basic tests had been undertaken by two Environmental Services Officers which showed a sense of vibration had become more acute. Dr McGrann added that the majority of the time the premises ran satisfactorily.

Stuart Anderson advised that he had the same issues and had provided video and photographic evidence but he understood that this could not be made available. Mr Anderson said that the premises were trying to attract a younger clientele which he had no problem with, although Archie McArthur had told him that he would only be permitting persons 21 years and over, but he sought the right to have some privacy in his own home. He said there had been incidents whereby patrons had urinated outside the premises and brawls had taken place and he felt that the premises were not being properly managed. He added that there was never any Police presence and that he only asked for some common courtesy.

Angela Small referred to the matter regarding 21 year olds and stated that the premises had always permitted adults aged 18 years and over. Ms Small asked Mr Anderson when the photographic evidence was from and he replied a few months ago.

Grant McArthur referred to the issues raised by Dr McGrann and said that it appeared the premises were not expected to hold any type of entertainment. Mr McArthur advised that the noise from the hand driers had been addressed with the installation of new ones and he could not prevent the door from banging due to windy conditions. He said that quiz nights were held regularly for local charities and patrons emanating from the premises was difficult to monitor along with the mess outside but the cleaners did try to keep on top of this as did the staff. When they took over the premises he had provided Dr McGrann with his mobile number and told him to contact him if he had any issues. He advised that Dr McGrann had started recording noise levels immediately and thought this was strange. If Dr McGrann had any major concerns he wondered why he did not contact the premises manager but instead he would enter the premises demanding that the music be turned down and as a result was barred from the premises. He added that a noise management plan was already in place; live entertainment was only held once a month and a door steward was employed to manage the internal and external areas.

Archie McArthur said that some of the issues noted by Dr McGrann were simply not correct. Mr McArthur advised that he had been a licence holder for over 25 years and he had considerable experience of running licensed premises. He said that Dr McGrann was kept informed of the progress and sound proofing was installed at Dr McGrann’s request. He thought that the conversion from one property to three had not been carried out correctly as it did not comply with building standards’ requirements, hence the issues with noise and vibration. He said that he may install CCTV in the future and look into getting a ‘soft close’ front door. He thought that Dr McGrann’s complaints seemed to be selective regarding the times when he made the complaints.

It was noted that there had been a considerable amount of Police visits to the premises. Angela Small advised that she was not aware of the byelaws for the external area and once notified, the area was no longer used. Ms Small said that the jukebox was turned off in the area next to Dr McGrann’s house and any live entertainment was held at the furthest point within the premises from his house. Police Scotland regularly drove by the premises and occasionally entered to request the music be turned down. She added that they have a refusals book and are extremely strict on underage drinking.

Archie McArthur advised that it was a small community where 90% of patrons, who take the distillery tours, visit the local bars and hotels on a regular basis.

Dr McGrann said that Archie McArthur mentioned numerous conjectures and asked him what they were. Mr McArthur explained that they cannot be held responsible for what happens outwith the premises and reiterated that they employed an extra member of staff as a door steward which, in his opinion, was not required as they operated  ...  view the full minutes text for item 3.