Agenda item

The Board was advised that this application had previously been refused. An appeal was lodged and in light of another judgement it was agreed that the Board would consider it anew.

The Board had before it a letter of representation from the Chief Constable, Police Scotland dated 22 December 2014, a representation dated 18 December 2014 from Tara-Erin Gilchrist, LSO, a letter of objection from NHS Grampian dated 19 December and 39 letters of objection and 3 representations in support of the application form members of the public.

Sergeant Flett advised the Board that Police Scotland were withdrawing their letter of representation. Diane Sande, LSO,  withdrew the LSO  representation to the application.

The Board heard from Jennifer  Butler, Chairperson of Ashley and Broomhill Community Council who spoke to its letter of objection; from Lynn Campbell on behalf of Mr Dawson, one of the objectors and from Heather Wilson, NHS Grampian.

Thereafter the Board heard from Mr Skinner, Advocate on behalf of the applicant. He said his  client was a well respected organisation whose primary function was to provide facilities to local communities. The proposed alcohol display area would account for less than 10% of the total sales area. It was his contention  that there was no evidence that granting this application would have an adverse effect on public health.

Councillor Cameron moved:-

to grant the application.

Councillor Yuill moved as an amendment:-

to refuse the application on the ground that it is inconsistent with the licensing objective of protecting and improving public health.

On a division there voted:- for the motion (5) – Councillors Cameron, Carle, Grant, Lawrence and Townson; for the amendment (2) – the Convener and Councillor Yuill.

The Board resolved:-

 to adopt the motion and grant the application subject to the following local condition:-

(1)       the installation of a CCTV system to the standard as set out in the Board’s Statement of Licensing Policy.