Agenda and minutes

Minute of Meeting of 22 June 2018 for approval.  (Copy attached.)

APPOINTMENT OF CONVENER

The Managing Solicitor welcomed everyone to the meeting of the Scottish Borders Licensing Board.  In the absence of Councillor Greenwell, Councillor Tatler proposed that Councillor Turnbull be appointed as Convener for the meeting.  This was seconded by Councillor Richards and unanimously agreed.

DECISION

AGREED that Councillor Turnbull be appointed Convener for this meeting.

The Minute of Meeting of 22 June 2018 had been circulated.

DECISION

APPROVED.

For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 14 June 2018 – 14 August 2018. 

DECISION

NOTED.

Consider report by Clerk to the Licensing Board for the period 1 April 2017 - 31 March 2018.  (Copy attached.) 

There had been circulated copies of a report by the Clerk to the Scottish Borders Licensing Board seeking approval of the Annual Functions Report and Annual Financial Report.  The report explained that, in terms of Section 9A and Section 9B respectively of the Licensing (Scotland) Act 2005, Licensing Boards were required to provide an Annual Functions Report and an Annual Financial Report.  The Board’s Annual Functions Report must include a statement explaining how the Board had regard to the licensing objectives and the Board’s Policy Statement in the exercise of its functions under the Act as well as a summary of decisions made by the Board and information about the number of licences held in the Board’s area.  The draft Scottish Borders Licensing Board Annual Functions Report 2017-2018 was attached as Appendix 1 to the report. The Financial Report must include statements of the relevant income received and relevant expenditure incurred by the Licensing Board during the financial year and an explanation of how these amounts were calculated.  The draft Scottish Borders Licensing Board Financial Report 2017-2018 was attached as Appendix 2 to the report.  Members were asked to note that the Licensing Board income could not be guaranteed in any financial year, this being dependent on the number of licensed premises which continued to operate, as the vast majority of Board income stemmed from annual Premises Licence fees.  In response to a question, further information about calculations within the Financial Report could not be given at the meeting.  It was therefore agreed to defer consideration of the Financial Report to the next meeting to enable clarification to be obtained.

DECISION

(a)         APPROVED Scottish Borders Licensing Board Functions Report 2017-2018 attached as Appendix 1 to the report; and

(b)         AGREED to defer to the next meeting consideration of the Scottish Borders Licensing Board Financial Report 2017-2018 attached as Appendix 2 to the report and to delay publication of the reports until after its approval.

4.1       Section 20: Application for Premises Licence. The Board considered the following application for Grant/Provisional Grant of Premises Licence:-

Lynn Ferguson                                                                    Denholm Post Office

                                                                                                1 Westside

                                                                                                Denholm

                                                                                                Nr HAWICK                                                                                                                                                                                                                                                   (Provisional)

            Licensed hours applied for:

            ON SALE                    OFF SALE

            None               Monday to Sunday

                                    10.00 a.m. – 8.00 p.m.

            Representations received:

            Police Scotland - none.

            Licensing Standards Officer - none.

            Health - none.

            Other - none.

There had been circulated copies of the application, proposed operating plan and floor plan.  The Licensing Standards and Enforcement Officer advised that the application was within policy and he had no concerns.  Ms Lynn Ferguson, applicant, was present and explained that she wished to increase footfall within the store by diversifying and expanding the range of goods offered.

DECISION

         GRANTED

4.2       Section 29:  Application for Variation of Premises Licences.  The Board considered the following applications for variation of Premises Licences:-

           Torwoodlee Golf Club                                          Torwoodlee Golf Club

                                                                                                         Edinburgh Road

                                                                                                         GALASHIELS

                                                                                                         TD1 2NE

                  Amendments to operating and layout plan:-

·      Changes to the existing On Sale core hours:-

          Current On Sale Hours                                     Proposed On Sale Hours

     Sun to Thurs 11.00am - 11.00pm                    Sun to Wed 11.00am – midnight

     Fri & Sat 11.00am - 1.00am                             Thurs, Fri & Sat 11.00am – 1.00am

·           addition of a seasonal variation to read ‘Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day until 1.00am or within any other agreed Licensing Board Policy’;

·           addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include conference facilities both during and outwith core licensed hours;

·           addition to the permitted activities referred to in question 5 (columns 2 & 3) of the Operating Plan, to include gaming during core licensed hours;

·           addition to the permitted activities referred to in question 5 (column 4 – outwith core hours) of the Operating Plan, to include receptions (including weddings, funerals, birthdays, retirements etc); club or other group meetings; and  recorded music;

·           a change to the explanation as to ‘Yes’ in column 4 (outwith core hours);

·           amend the explanation of any other activities in line with the removal of Members Club status; and

·           Update the existing Children and Young Persons statement in line with the

      removal of Members Club status.

·           Amendment to layout plan showing new entrance, toilet and locker room

      arrangement.

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

There had been circulated copies of the application, current and proposed operating plans and floor plan.  The Licensing Standards and Enforcement Officer advised that the application was within policy and he had no concerns about the proposals which effectively made the facilities and services at the club available to non-members.  Club representative, Mr Gordon Keddie, was in attendance and spoke in support of the application.  He explained that alcohol sales had decreased significantly over recent years.  The Club now wished to diversify and offer food and toilet facilities to non-members.  He added that the Southern Upland  ...  view the full minutes text for item 4.