Scottish Borders Council

Agenda and minutes

Venue: COMMITTEE ROOMS 2 AND 3, COUNCIL HEADQUARTERS, NEWTOWN ST BOSWELLS

Items
No. Item

1.

Minute pdf icon PDF 61 KB

Minute of Meeting of 19 January 2018 for approval.  (Copy attached.)

Minutes:

1.0       MINUTE

1.1       The Minute of Meeting of 19 January 2018 had been circulated.

 

            DECISION

            APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 85 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 8 February 2018 – 13 March 2018.  

 

            DECISION

            NOTED.

 

3.

Licensing (Scotland) Act 2005:

4.

Section 20: Application for Premises Licence pdf icon PDF 1 MB

Consider the following application for Grant/Provisional Grant of Premises Licence (applicants cited to attend.)(Copies attached.)

 

T J Morris Limited                                                    Home Bargains

                                                                                    Stirling Street

                                                                                    Galashiels

                                                                                    (Provisional)

 

 

Licensed hours applied for:

ON SALE                                                                    OFF SALE

None                                                                           Monday to Sunday

10.00 a.m. – 10.00 p.m.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

Layout plan will be on display at the meeting or alternatively is available to view in the Licensing Unit, Council Headquarters during office hours.

 

Additional documents:

Minutes:

3.1       Section 20:  Application for Premises Licence. The Board considered the      

           following application for the Grant of a Provisional Premises Licence:-

 

                  T J Morris Limited                                                               Home Bargains 

                                                                                               Stirling Street  

                                                                                               Galashiels 

                                                                                                

  Licensed hours applied for:                                     

  On Sale

  None            

 

Off Sale

Monday to Sunday

10 a.m. – 10 p.m.

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

           

              There had been circulated copies of the Application and proposed operating plan.     

            There were no objections and the Licensing Standards and Enforcement Officer advised that the premises had held a licence throughout its history. 

 

            Mr David Crank, DWF, Solicitors and Melissa MacLeod, the applicant’s Area Manager were present.  Mr Crank advised that Home Bargains currently had 80 stores throughout Scotland and operated as a general grocer supplying a wide range of products including bakery, clothes, garden supplies and some alcohol.  He advised that his clients current licensed premises were situated in Channel Street, Galashiels and they planned to move into the new, larger premises in Stirling Street, Galashiels where parking provision would be provided for its customers and 15 new members of staff would be employed.  With regard to the alcohol, which was limited to beer, lager, wine and Christmas gift packs, there were measures in place to control its sale, such as age restriction prompt at the till, staff being trained initially and then continually re-trained.  There was always a Manager on duty and a check-out manned continually.  It was anticipated that construction work on the new premises would be completed by the end of April and following the shop fitting would be fully operational in summer 2018.

 

            DECISION

            GRANTED.

 

5.

Section 29: Application for Variation of Premises Licence pdf icon PDF 830 KB

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

 

(i)       Aldi Stores Limited                                        Aldi

                                                                         King Street

                                                                         Galashiels

                                                                        

Amendments to operating plan and layout plan*:

·           Increase in capacity from 24.75 square metres to 29.0067 square metres

·           Removal of seasonal variation

 

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

       

*Layout plan will be on display at the meeting or alternatively is available to view in the Licensing Unit, Council Headquarters during office hours.

 

(ii)      Stobo Castle Health Spa Ltd                        Stobo Castle Health Spa

                                                                                   Stobo

                                                                                   

          Amendments to operating plan:

·                 Change Core Hours

 

PROPOSED ON SALE                                    CURRENT ON SALE

11.00am – 12.00midnight Sunday        12.30pm – 11.00pm Sunday

11.00am – 12.00midnight Mon to Wed 11.00am – 11.00pm Mon to Wed

11.00am – 1.00am Thurs to Sat                       11.00am – 11.00pm Thurs to Sat

 

PROPOSED OFF SALE                                  CURRENT OFF SALE

11.00am – 10.00pm Sunday                 12.30pm – 10.00pm

 

· Change seasonal demand to YES with explanation as per Licensing Board Policy  

·  Addition of activities within and outwith core hours: conference facilities; bar  

  meals; receptions etc; club or other group meetings; and televised sports

·  Include restaurant facilities and recorded music outwith core hours

· Addition of activities within core hours: live performance; theatre; films; and gaming

·  Change explanation in respect of outwith core hours entries in column 4

·  Change explanation at 5(f) regarding other activities

·  Change terms of children and young persons access

 

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other – none.

 

(iii)     Lidl UK GmbH                                                   Lidl UK GmbH

                                                                                      31-33 Sheddon Park Road

                                                                                      Kelso

                                                                                     

  Amendments to operating plan and layout plan*:

·                     the inclusion of a seasonal variation to allow for an increased capacity

of alcohol display for the period 1 December each year until 2 January of the following year; and 

·                      increase in the capacity of alcohol display area from 41.80m2 to 45.28m2 (non-seasonal), with the seasonal variation to increase this area to 54.82m2 between 1 December each year and 2 January the following year.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

*Layout plan will be on display at the meeting or alternatively is available to view in the Licensing Unit, Council Headquarters during office hours.

 

 

 

Additional documents:

Minutes:

4.1     Section 29:  Application for Variation of Premises Licence. The Board

          considered the following applications for Variation of Premises Licence:-

 

            Aldi Stores Limited                                                           Aldi Stores

            King Street

            Galashiels  

                                                                                                                                                          Amendments to Operating Plan and Layout Plan, to include an increase in capacity   

           from 24.75 square metres to 29.0067 square metres and removal of seasonal

           variation.

 

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 as a result of re-fitting the shop, the area of alcohol had increased slightly and the variation for the Festive Period was to be removed.

 

Mr Niall Hazzard, TLT Solicitors accompanied by the applicant’s Area Manager were present.  Mr Hazzard explained that Aldi Stores Limited had undertaken a nationwide refurbishment of its stores and the new shelving configuration had resulted in an increase in alcohol capacity. 

 

DECISION

GRANTED.

 

4.2        Stobo Castle Health Spa Ltd                                          Stobo Castle Health Spa

                                                                                               Stobo 

                                                                                               Galashiels  

                                                                                              

                                                                       

              Amendments to Operating Plan to amend core hours.

 

                  There had been circulated copies of the Application, current operating plan and proposed operating plan.  The Licensing Standards and Enforcement Officer advised that the operating plan had not been updated for some considerable time and the amendments were all within the Board’s Policy.

 

                  Mr Elliot Winyard, the Designated Premises Manager was present and explained that the business had evolved over the last few years and the changes to the existing Operating Plan would allow scope for more flexible operation.

 

                    DECISION

                    GRANTED.

 

4.3       Lidl UK GmbH                                                                   Lidl UK GmbH

                                                                                               31-33 Shedden Park Road 

                                                                                               Kelso

                                                                                              

                  Amendments to Operating Plan and Layout Plan to include seasonal variation to allow for an increased capacity of alcohol display for the period 1 December each year until 2 January of the following year; increase capacity of alcohol display area from 41.80m2 to 45.28m2  (non-seasonal), with the seasonal variation to increase this area to 54.82m2        between 1 December each year and 2 January the following year.

 

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 a small increase, which was within policy.

 

                  Ms Tracey Broomfield, the applicant’s local representative and Mr Andrew Hunter, Solicitor were present.  Mr Hunter explained that the increase was in relation to how the alcohol would be displayed all year round and the inclusion of the seasonal variation to increase the alcohol between 1 December each year and 2 January the following year. He stated that the increase would equate to only 4.2% of the overall floor space in comparison to the current 3.9% currently and there were 5 personal licence holders employed on the premises with the result that there had been no concerns regarding alcohol sales  ...  view the full minutes text for item 5.

6.

Section 56: Application for Occasional Licence pdf icon PDF 3 MB

Consider application for Occasional Licence (applicant cited to attend.)  (Copies attached.)

 

Malcolm Cooper                                                         WG Sports Complex

                                                                                      (Former Auld Baths)

                                                                                      Bath Street              

                                                                                      Hawick

                                                                                     

Saturday 14 April 2018, 11.00am – 9.00pm – Orange March.                     

 

Representations received:

                   Police Scotland - attached

                   Licensing Standards Officer - attached.

                   Health - none.

                   Other - none.

 

Additional documents:

Minutes:

5.3       Section 56:  Application for Occasional Licence.

 

            Malcolm Cooper                                                         WG Sports Complex

                                                                                                            (Former Auld Baths)

                                                                                                            Bath Street

                                                                                                            Hawick

 

            The Board were advised that the application for an Occasional Licence on Saturday, 14 April 2018 between the hours of 11.00am and 9.00pm for an Orange March had been withdrawn

 

DECISION

NOTED.         

7.

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”

8.

Minute

Private Section of Minute of meeting of 19th January 2018 for approval  (Copy attached.)

 

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