Scottish Borders Council

Agenda and minutes

Venue: COMMITTEE ROOM 2/3, COUNCIL HEADQUARTERS, NEWTOWN ST BOSWELLS

Contact: Fiona Henderson 01835 826502  Email: Fhenderson@scotborders.gov.uk

Items
No. Item

1.

Minute pdf icon PDF 67 KB

Minute of Meeting held on 20 October 2017 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

1.0       MINUTE

1.1       The Minute of Meeting of 20 October 2017 had been circulated.

 

            DECISION

            APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 91 KB

(Copy attached.)

Minutes:

2.0       LICENCES DEALT WITH UNDER DELEGATED POWERS

2.1                   For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 12 October - 8 November 2017.  

 

            DECISION

            NOTED.

 

3.

Section 29: Application for Variation of Premises Licence pdf icon PDF 1 MB

Consider applications for Variation of Premises Licence (applicants cited to attend.) (Copies attached.)

 

 

(i)      Simon Rutherford                                           Rutherfords Micropub

                                                                                    38 The Square

                                                                                    Kelso

 

Amendment to Operating Plan-

Changes to existing on sale core hours

Current On Sale                                                          Proposed On Sale

Sun to Sat  11.00 a.m. – 10.00 p.m.                           Sun to Sat 11.00 a.m. – midnight

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

 

 

(ii)        Partnership of                                               Tavern Bar

            Cameron Crombie and Anne Mark            High Street

                                                                                    Eyemouth

 

Amendments to Operating Plan and Layout Plan -

Changes to existing core hours

Current Sunday On Sale                                         Proposed Sunday On Sale

12.30pm to 11.30pm                                                11.00am to midnight

Current Off Sale (Monday to Sunday)                       Proposed Off Sale (Monday to Sunday)

12.30pm to 10.00pm                                               11.00am to 10.00pm

Change seasonal demand explanation as per Licensing Board policy  

Addition of activities outwith core hours: restaurant, bar meals, receptions, club or group meetings, recorded music, indoor/outdoor sports and televised sports

Include outdoor drinking facilities within and outwith core hours

Change explanation in respect of outwith core hours entries

Change terms of children and young persons access to all public areas

Change layout plan to include defined outdoor drinking area

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

 

Additional documents:

Minutes:

3.0       LICENSING (SCOTLAND) ACT 2005:

           3.1                   Section 29:  Application for Variation of Premises Licence. The Board considered the following applications for Variation of Premises Licence:-

 

                  (i)    Simon Rutherford                                        Rutherfords Micropub

                                                                                               38 The Square 

                                                                                               Kelso

                                                                                                

                       

            Amendments to Operating Plan -

           Changes to existing on sale core hours

Current On Sale                                                          Proposed On Sale

Sun to Sat 11.00am to 10.00pm                                 Sun to Sat 11.00am to midnight

                                                                                    

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

           

            There had been circulated copies of the Application, current operating plan and proposed operating plan.  The Licensing Standards and Enforcement Officer advised that the application was for an extension to operating hours to offer flexibility, although the owner did not intend to operate these hours seven days per week. 

 

            Mr Rutherford was present at the meeting and explained that the micropub operated until 10 p.m. seven days a week, however he wanted the flexibility to be open later in the summer months and when events were held in the town.  He reiterated that it was not his intention to open until midnight seven days per week.

 

            DECISION

            GRANTED.

 

3.2             (ii)    Partnership of

                  Cameron Crombie and Anne Mark            Tavern Bar

                                                                                       High Street

                                                                                       Eyemouth

 

            Amendments to Operating Plan and Layout Plan -

Changes to existing core hours

            Current Sunday On Sale                                Proposed Sunday On Sale

12.30pm to 11.30pm                                       11.00am to midnight

Current Off Sale (Monday to Sunday)              Proposed Off Sale (Monday to Sunday)

12.30pm to 10.00pm                                       11.00am to 10.00pm

Change seasonal demand explanation as per Licensing Board policy  

Addition of activities outwith core hours: restaurant, bar meals, receptions, club or group meetings, recorded music, indoor/outdoor sports and televised sports

Include outdoor drinking facilities within and outwith core hours

Change explanation in respect of outwith core hours entries

Change terms of children and young persons access to all public areas

Change layout plan to include defined outdoor drinking area

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

                       

            There had been circulated copies of the Application, current Operating Plan, proposed Operating Plan and proposed layout plan.  The Licensing Standards and Enforcement Officer advised that the business had recently been taken over by new management and the Operating plan required to be updated. The proposed amendments were within Board Policy and raised no concerns.

 

                  The Clerk to the Board advised that the applicants were unable to attend the meeting and had asked that the application be considered in their absence.

 

DECISION

GRANTED.

 

4.

Section 37: Review of Premises Licences. pdf icon PDF 42 KB

Consider review of Premises Licences by the Board for breach of mandatory Condition 10 – non payment of annual fee.  (List attached.)

Minutes:

4.0       SECTION 37: REVIEW OF PREMISES LICENCES

4.1       There had been circulated copies of a list of unpaid annual premises fees in 2017/18.  The Board were advised that a reminder letter had been sent to all licensed premises required to pay their annual premises fees advising that the fee was due and the methods of payment available.   A further letter was sent to those who failed to pay by the due date advising them that the fee remained unpaid and that the matter would be brought to the Licensing Board, resulting in a number of fees being paid and an updated list was circulated at the meeting.  The Board were of the opinion that a firm stance required to be taken as premises required to pay this on an annual basis as a condition of Premises Licence and many of the premises listed were well established and continued to trade.  Following considerable discussion, it was agreed that there had been ample opportunity to pay the fees outstanding and the Board requested that under Section 37, should the fees remain unpaid, those premises licences would be reviewed at the next meeting.

 

DECISION

AGREED that under Section 37 of the Licensing (Scotland) Act 2005 should annual fees remain unpaid for any Premises Licence, a review hearing would  take place in respect of those premises at the Licensing Board on the 15 December 2017.

5.

Any other items which the Convener decides are Urgent

Minutes:

5.0       URGENT BUSINESS

5.1       Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman  was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed.

 

6.0       ANNUAL JOINT BOARD/LOCAL LICENSING FORUM

6.1       The Board were reminded that the Annual Joint Board and Local Licensing Forum meeting was scheduled to be held on Wednesday, 6 December 2017 and encouraged to attend.

 

            DECISION

            NOTED. 

 

7.0       VALEDICTORY

7.1       The Chairman thanked PC Lackenby for all his work with the Licensing Board and wished him luck as he took up his new post with Police Scotland.

 

6.

Items likely to be Taken in Private

Before proceeding with the private business, the following motion should be approved:

 

“That under Section 50A(4) of the Local Government 9Scotland) Act 1973 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act”

Minutes:

          PRIVATE BUSINESS

8.0       DECISION           

            AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 14 of Part I of Schedule 7A to the Act.

 

 

SUMMARY OF PRIVATE BUSINESS

 

9.0       Minute   

            The Private Minute of the Meeting held on 20 October 2017 was approved.

 

 

 

 

      

The meeting concluded at 10.15 a.m.

 

7.

Minute

Private Section of Minute of meeting held on 20 October 2017 to be approved and signed by the Convener.  (Copy attached.)

 

CONTACT US

Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800

Email:

For more Contact Details