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Hearing in relation to an application for a review of a premises licence in respect of the Ardview Inn, 67 Frederick Crescent, Port Ellen, Isle of Islay PA42 7BD.   The following papers are enclosed:-   Report by Depute ClerkÌý (pages 3-5)   Application for a review of a premises licence by Dr. Patrick McGrannÌý (pages 7-10)   Noise Logs x 10 covering the period 27/05/22 to 05/11/23Ìý (pages 11-32)   Letter dated 11/08/23 from Andy McClements, Environmental Health Officer to Angela Smith, Ardview InnÌý (pages 33-34)   Log of calls made to Police Scotland 101Ìý (pages 35-39)   Emails dated 12/08/22 to and from Islay Community CouncilÌý (pages 41 43)   Report by Licensing Standards Officer dated 24/10/23Ìý pages (45-46)   Letter dated 06/11/23 from Police ScotlandÌý (pages 47-48)   Statement by Andy McClements, Environmental Health Officer received 07/11/23Ìý (pages 49-53) Ìý

 

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 a zero tolerance policy. Dr McGrann disagreed that his complaints were selective and asked Mr McArthur what he meant by this. Mr McArthur explained that no-one else had any issues with the premises and he felt that some complaints were received when the premises were quiet then no complaints had been received when they were busy.

 

Mark Irvine enquired about the letter received from Police Scotland (Appendix 2) and asked Sergeant David Holmes, in visits to the premises, was he satisfied all complaints had been dealt with. Sergeant Holmes advised that no enforcement was required regarding the noise complaints as it related more to disruptive behaviour occasionally outside the premises. Environmental Services had dealt with the noise issues.

 

Dougie Philand asked Sergeant Holmes if the premises were a hotspot for this type of behaviour. Sergeant Holmes explained that, in general, more complaints were received about premises within built up areas and said that licence holders and premises managers could only do so much.

 

Dougie Philand asked Dr McGrann why he had not contacted the licence holder after being provided with the mobile phone number. Dr McGrann thought he had to liaise with the premises manager rather than the licence holder, which he did.

 

Jan Brown referred to the report from Environmental Services (Appendix 3) which mentioned a noise monitor that could be placed in Dr McGrann’s house and wondered if this had been carried out. Susan Mair advised that an Environmental Services Officer was unable to attend today’s hearing and it was a matter for the Board to decide whether they required further information in this regard prior to making a decision.

 

Jan Brown enquired if that was an option for Dr McGrann and had it been dealt with. Mr McArthur said they had installed a noise monitor in the premises previously but it did not record anything.

 

Dr McGrann stated that he wanted his log to stand but added that there had been significant improvements in the last year and was grateful for this.

 

Audrey Forest said that this was an unfortunate situation and referred to Mr McArthur’s mitigations and could not see what else he could do. She said that a licence holder cannot be held responsible for people passing the premises and reports from Police Scotland seemed to be very positive and therefore she would not like to see the licence change.

 

Mark Irvine said he echoed this as the licence holder and premises manager seemed very responsible and suggested that a noise monitoring device be installed which would benefit both parties.

 

Jan Brown agreed and said that the licence holder and premises manager had taken responsibility regarding the complaints and that the Licensing Standards Officer and Environmental Services would need to continue to monitor any future issues.

 

Dougie Philand had similar comments and said that as there were two offers of communication from Mr McArthur and Angela Small he thought this should be sufficient to resolve any issues.

 

Both Liz Mccabe and Graham Hardie agreed with the comments.

 

Luna Martin suggested that external CCTV be installed which would perhaps help matters going forward.

 

In summing up, the Chair advised that he was of the view that grounds for review of the licence had not been established and therefore it would not be appropriate for any further action to be taken.

 

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