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Summary Sheet attached – Item 5(b)

Dougie Philand joins the meeting.

 

Susan Mair, Depute Clerk advised that an objection dated 12/02/24 had been received from Harper Macleod, Solicitors on behalf of Brendan and Alison Walsh, Glenforsa Hotel, Salen, by Aros, Isle of Mull, PA72 6JW. No-one was present from Harper Macleod but Brendan and Alison Walsh were in attendance.

 

Archie MacIver, Solicitor, Glasgow attended with India Radford, on behalf of the applicant. Mr MacIver advised that his client moved to the area 2 years ago and ran a high end café and farm shop which showcased local produce and they now wanted to include alcohol. There are breakfast and lunch offerings with dinner mainly comprising pizza, etc. There was a camp site nearby and his client was hoping to attract more visitors and tourists. He stated that the terminal hour for on-sales had been reduced from midnight to 11.00pm. He advised that his client would be happy to abide by the Board’s Policy for the external area. They intended to operate seasonally, that is, between Easter and 31^st October and, outwith this period, they would operate dependent on demand. He added that live performances would be on an occasional basis.

 

The objector, Brendan Walsh said that he and his wife had been running their hotel since 2003. They had purchased the premises from a failed business and turned it into a thriving part of the local community, employing local people and contributing to the local economy. They were now faced with this application in direct competition, with outdoor events and restaurant facilities. He advised that they had not been given notice of the planning application. Mr Walsh wondered why the applicant wanted to create their business so close to an existing hotel establishment as it would have a devastating effect on their business. It would also add more noise and light issues to the area.

 

Mr MacIver confirmed he had no questions at this stage.

 

Raymond Park, Licensing Standards Officer referred to the seasonal variation which was outwith the Board’s Policy but, other than that, he had no issues with the application.

 

The Chair asked the applicant if the premises was a restaurant rather than a café as indicated on the website. Mr MacIver said it was a farm shop and café. India Radford stated that the information on the website was out of date and the enterprise had changed.

 

Liz McCabe thought it odd that a café opened so late but Mr MacIver said that later opening hours were commonplace and very much in line with other cafes and farm shops.

 

Jan Brown asked Mr MacIver what was the proposal for the business. Mr MacIver said it was to provide a valuable facility for locals and tourists and to experience local produce. It would complement other businesses and his client did not intend to compete with these businesses. Jan Brown enquired about the ethos of the business. Mr MacIver explained that it was an opportunity to have meals and drinks which included a retail element and that the business plan was based on other farm shops up and down the country. Jan Brown referred to televised sports and Ms Radford said that this was based on research as in summer months there would be Olympics; tennis and other sports available and emphasised that it would be more family focused. Mr MacIver added that if an activity was not stated on the operating plan, then the licence holder would be unable to carry out the activity and therefore this had been included to keep his client’s options open but it would not be a regular occurrence.

 

The Chair thought in some respects, the application was similar to a pub. Mr MacIver gave his assurance that the premises was a cafe and not a pub and it was within the scope of the legislation.

 

Mr Park advised that the Licensing (Scotland) Act 2005 did not define different types of licences as had been the case under the previous 1976 Licensing Act. The manner in which a premises is to be operated is detailed in the operating plan.

 

Paul Kennedy was not aware of the location and asked if there were any other licensed premises within the vicinity. Mr Park advised that there were three premises in Salen and the Glenforsa Hotel which was some miles away. Paul Kennedy thought that this would prove to be a positive premises in the area and was offering something different from the hotel.

 

Jan Brown asked what the capacity was and Mr MacIver replied 60.

 

Mr Walsh asked that, if premises serve alcohol after 6.00pm, is it not classed as a bar. Mr Park advised that there was nothing stated in the Licensing (Scotland) Act 2005 which required it to be classed as a bar.

 

Mr MacIver stated he had no questions for the Licensing Standards Officer.

 

On summing up, Mr Walsh said that the services, apart from the farm shop, were already being provided by his establishment and with the café ÌýÌýoffering fine dining this would severely impact on his business as well as creating noise and light pollution. Mr Walsh said that he had no objections to the farm shop, only the café.

 

Mr MacIver said he had already explained televised sports and the term café and that live entertainment would be a local guitarist which would only be on an occasional basis. He stated that it was not the role of the Licensing Board to consider business viability or success as the objection was largely based on the effect it would have on the objector’s business. The premises would create choices for locals and tourists and would offer more trade to both premises.

 

The Chair asked both parties if they had received a fair hearing and they replied yes. He said he had no issues regarding overprovision and therefore moved to grant the application as applied for subject to the conditions suggested by the Licensing Standards Officer and with a terminal hour of 11.00pm for on-sales.

 

With no-one else bring otherwise minded, this became the decision of the Board.

 

Paul Kennedy leaves the meeting.