Agenda and minutes
PDF 148 KBVenue: COMMITTEE ROOMS 2/3, COUNCIL HEADQUARTERS, NEWTOWN ST BOSWELLS
Contact: Fiona Henderson 01835 826502 Email: fhenderson@scotborders.gov.uk
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Minute of Meeting of 17 November 2017 for approval. (Copy attached.) Minutes:
1.0 MINUTE 1.1 The Minute of Meeting of 17 November 2017 had been circulated.
DECISION APPROVED.
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Licences dealt with under Delegated Powers (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 9 November 2017 – 1 December 2017.
DECISION NOTED.
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Section 20: Application for Premises Licence Consider the following application for Grant/Provisional Grant of Premises Licence (applicants cited to attend.)(Copies attached.)
Pearsons of Duns Ltd The Cheeklaw Centre Station Road Duns (Provisional)
Licensed Hours applied for: ON SALE OFF SALE Sunday to Thursday Monday to Sunday 11.00am – 12.00midnight 10.00am – 10.00pm Friday and Saturday 11.00am – 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other – I Sanderson. Additional documents:
Minutes: 3.0 LICENSING (SCOTLAND) ACT 2005: 3.1 Section 20: Application for Premises Licence. The Board considered the following application for Provisional Premises Licence:-
Pearsons of Duns Ltd The Cheeklaw Centre Station Road Duns
Licensed Hours applied for:
ON SALE OFF SALE Sunday to Thursday Monday to Sunday 11.00am – 12.00midnight 10.00am – 10.00pm Friday and Saturday 11.00am – 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other – I Sanderson.
There had been circulated copies of the Application and proposed operating plan together with letter of objection from a neighbour. The Licensing Standards and Enforcement Officer advised that there were various aspects to the applicant’s business including a Garden Centre and Café. The application was to allow alcohol to be served with food in the café and in the giftware section. The objection submitted was in respect of the policy hours applied for and Mr Tunnah advised that Mr Pearson had no intention of operating these on a regular basis but wanted the flexibility to do use them occasionally for special events in the year.
Mr Sanderson the objector was not present.
Marion Young, Manager and Michael Doyle, Accountant were present. Mr Doyle explained that the application would permit the business to offer alcohol within the giftware section of the Garden Centre and along with food in the 44 cover café which operated between 10 a.m. and 4.30 p.m. The additional later hours would allow one-off events to be held i.e. summer barbeques, Christmas Nights.
The Board noted the concerns rose in the objection, however, having heard the proposals regarding how the business would operate did not consider there were any issues in relation to the licensing objectives.
DECISION GRANTED.
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Section 29: Application for Variation of Premises Licence Consider the following application for Variation of Premises Licence (applicants cited to attend.) (Copies attached.)
Tempest Brewing Co Ltd Block 11 Units 1 & 2 Tweedbank Industrial Estate Galashiels TD1 3RS
Amendments to Premises Licence, Operating and Layout Plan:
· Amend description of premises to include on sale provision of alcohol · Addition of on sale core hours (currently none) - Monday to Sunday 11.00am -10.00pm · Addition of bar meals, club or other group meetings, etc, recorded music and live performance during core licensed hours with supporting information relating to how the premises operates · Amend the explanation of any other activities in line with the removal of Members Club status · Addition of children and young persons statement · Amendment to layout plan to include tap room/on sale area
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other – none. Additional documents:
Minutes: Section 29: Application for Variation of Premises Licence. The Board considered the following application for Variation of Premises Licence:-
Tempest Brewing Co Ltd Block 11 Units 1 & 2 Tweedbank Industrial Estate GALASHIELS TD1 3RS
Amendments to Premises Licence, Operating and Layout Plan: · Amend description of premises to include on sale provision of alcohol · Addition of on sale core hours (currently none) - Monday to Sunday 11.00am -10.00pm · Addition of bar meals, club or other group meetings, etc, recorded music and live performance during core licensed hours with supporting information relating to how the premises operates · Amend the explanation of any other activities in line with the removal of Members Club status · Addition of children and young persons statement · Amendment to layout plan to include tap room/on sale 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 and proposed operating and layout plans. The Licensing Standards and Enforcement Officer advised that the application would allow on sale activities to be carried out and accommodate brewery visits and specialist evenings and emphasised there was no intention to operate as a pub type premise.
Ms Ayrton, was present to represent the applicant and explained that the application was an extension to the Business plan and was in line with other distillery operations throughout the country.
DECISION GRANTED.
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Section 37: Review of Premises Licences Consider review of Premises Licences by the Board for breach of mandatory condition 10 – failure to pay annual fee (licence holders cited to attend). (Copy report attached.) Additional documents: Minutes: 4.0 SECTION 37: REVIEW OF PREMISES LICENCES 4.1 With reference to paragraph 4 of the Minute of 17 November 2017, there had been circulated copies of a report by the Clerk to the Licensing Board on Non Payment of Premises Licence Annual Fees 2017/18. The report explained that the Board had agreed to hold a Review Hearing in respect of the Premises detailed in Appendix A and B to the report. The grounds of the request were that Mandatory Condition 10 of Schedule 3 of the Act – failure to pay the annual fee as required by regulation made under terms of Section 136 of the Act had been breached. The annual fee for all premises fell due on 1 October 2017 and a reminder letter was issued to the licence holders in September 2017. To date no payment had been made by any of the Premises listed in Appendix A and B. The premises listed in Appendix A paid the previous year’s annual fee (or in part). The premises listed in Appendix B had been suspended due to non-payment of the previous year’s annual fees. Following discussion the Board agreed the action to be taken against each Premise listed in Appendices A and B of the report.
DECISION
(i) Grantshouse Inn, Grantshouse TD11 3RW The Licensing Standards and Enforcement Officer advised that the premises were no longer trading and the Premises Licence had been surrendered.
DECISION NOTED.
(ii) Costcutter, Market Place, Eyemouth TD14 5HE The Licensing Standards and Enforcement Officer advised that he had been unable to make contact with the Premises Licence Holder, despite numerous attempts and the business did not appear to be trading.
DECISION AGREED that the premises licence be suspended with immediate effect pending payment of outstanding fees.
(iii) County Hotel, High Street, Selkirk TD7 4LT The Licensing Standards and Enforcement Officer advised that the fee had now been paid.
DECISION (a) NOTED that outstanding fee had been paid.
(b) AGREED that a written warning be issued.
(iv) Fletchers, Hillside Terrace, Selkirk TD7 4BZ The Licensing Standards and Enforcement Officer advised that the premises were still trading, he had discussed the matter with the licence holder who was aware of the position and had been cited to attend.
DECISION AGREED that the premises licence be suspended with immediate effect pending payment of outstanding fees.
(v) Grapevine, Now Your Talking, 2 Douglas Bridge, Galashiels TD1 1BH The Licensing Standards and Enforcement Officer advised that the fee had now been paid.
DECISION (a) NOTED that outstanding fee had been paid.
(b) AGREED that a written warning be issued.
(vi) Melrose Cricket Club, Huntlyburn, Melrose TD6 9BP The Licensing Standards and Enforcement Officer advised that the club had surrendered their Premises Licence.
DECISION NOTED.
(vii) Turnbulls, 8 High Street, Galashiels TD1 1SD The Licensing Standards and Enforcement Officer advised that the business had ceased trading, he had not made contact with the licence holder and all correspondence regarding non-payment had been ... view the full minutes text for item 5. |