Agenda and minutes
Venue: Committee Rooms 2 and 3
Contact: Eileen Graham tel: 01835 826585 e-mail: egraham@scotborders.gov.uk
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CHAIRMAN The Chairman reminded Members to have their Policy Statement with them at all times.
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Minute of Meeting of held on 16 November 2018 to be approved and signed by the Convener. (Copy attached). Minutes: The Minute of Meeting of 16 November 2018 had been circulated.
DECISION APPROVED.
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Licences dealt with under Delegated Powers PDF 85 KB (Copy attached.) Minutes: For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 6 November 2018 to 4 December 2018.
DECISION NOTED.
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Licensing (Scotland) Act 2005: PDF 2 MB Additional documents:
Minutes: 3.1 Section 20: Applications for Variation of Premises Licence The Board considered the following application for variation of Grant/Provisional Grant of Premises Licences:-
(a) Bojangles Wedding Ltd Netherbyres House Eyemouth (Provisional) Licensed hours applied for: On Sale Off Sale Sunday to Wednesday 11.00am – 12.00midnight None Thursday to Saturday 11.00am – 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
There had been circulated copies of the Application and operating plan. The Licensing Standards and Enforcement Officer advised that the application was for a provisional Premises Licence to use the premises for weddings and corporate events. Alistair MacDonald, legal agent for the applicant and Michael Morgan the owner of the premises were present and explained that the recent care home Netherbyres House had been converted into a family home and should the Premises Licence be granted they would be able to offer the premises for weddings and corporate events.
DECISION GRANTED.
(b) Martin Baird Butchers Ltd Martin Baird Butchers Ltd 2-4 Market Square Melrose (Provisional) Licensed hours applied for: On Sale Off Sale None Monday to Sunday 10.00am – 8.00pm
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
There had been circulated copies of the Application and operating plan. The Licensing Standards and Enforcement Officer advised that the application was for a provisional Premises Licence to introduce the sale of a range of alcohol in the butcher shop. The applicant, Mr. Baird was present and explained that, if granted, there would be a small supply of wines and spirits for sale to complement the produce he currently sells.
DECISION GRANTED.
(c) Cater Leisure Services Ltd Refresh Cafe Wilton Lodge Park Hawick (Provisional) Licensed hours applied for: On Sale Off Sale Monday to Sunday 11.00am – 11.00pm None
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
There had been circulated copies of the Application and operating plan. The Licensing Standards and Enforcement Officer advised that the application was for a provisional Premises Licence to offer the sale of a range of alcohol within the new café/restaurant at Wilton Park in Hawick. Julie Maguire, legal agent for the applicant and Ms Taylor, the manageress were present and explained that the café type premises in the Wilton Lodge Park offered a wide range of hot and cold meals, snacks, and if granted, to offer the sale of alcohol and cater for events on the premises within the core hours. Children would be allowed access when accompanied by an appropriate adult for the purposes of dining or partaking snacks or beverages or attending a pre-arranged private function.
DECISION GRANTED.
(d) Chun Kui Kwan Market Kitchen 52 Horsemarket Kelso (Provisional) Licensed hours applied for: On Sale Off Sale Monday to Sunday 11.00am – 12.00midnight None Friday and Saturday 11.00
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other ... view the full minutes text for item 3. |
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Section 37: Review of Premises Licences PDF 93 KB Additional documents: Minutes: The Board carried out a review of the following Premises Licences on the basis that each of them was in breach of a condition to which the licences were subject namely Mandatory condition 10 of Schedule 3 to the Act, failure to pay the annual fee as required by regulation made under the terms of Section 136 of the Act.
(a) Allan Ramsay Hotel, Carlops The Licensing Standards and Enforcement Officer advised that the business had ceased trading and the Premises Licence had now been paid. A letter had been received from Mrs Ramsay explaining the reason for the delay in making payment and asked if the matter could be dealt with in her absence.
DECISION (a) NOTED that the outstanding fee had been paid.
(b) AGREED that a written warning be hand delivered.
(b) Glentress Hotel, Innerleithen Road, Peebles The Licensing Standards and Enforcement Officer advised that the fee had been paid and the premises had ceased trading. A representative, Mr Bony, was present who explained that the hotel was being sold. As Mr Bony was in attendance the Board were content that a verbal warning be given and Mr Bony acknowledged the warning accordingly.
DECISION NOTED that the outstanding fee had been paid.
(c) Craw Inn, Auchencrow The Licensing Standards and Enforcement Officer advised that the fee had been paid and there had been no other communication. There was no one present at the meeting and it was agreed that a warning letter would be hand delivered to assess the situation.
DECISION (a) NOTED that the outstanding fee had been paid.
(b) AGREED that a written warning be hand delivered.
(d) Cross Keys, Greenlaw The Licensing Standards and Enforcement Officer advised that the fee was still outstanding but the premises had appeared to have stopped trading with no response to any communication.
DECISION AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(e) Naba Tandoori, 8-10 Market Place, Eyemouth The Licensing Standards and Enforcement Officer advised the fee is still outstanding with no response to any communication and the premises were still trading.
DECISION AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(f) Heatherlie House Hotel, Heatherlie Park, Selkirk The Licensing Standards and Enforcement Officer advised the fees from this year and last year were still outstanding and the premises had ceased trading.
DECISION AGREED that the Premises Licence be revoked with immediate effect.
(g) New Happy Gathering Chinese, 31 West Port, Selkirk The Licensing Standards and Enforcement Officer advised the fee was still outstanding. Mr Zheng was present and explained that there had been a misunderstanding and would pay the fee today.
DECISION AGREED (a) to accept the payment of the fee today; and
(b) that a written warning be issued with a view to ensuring that Mr Zheng fully understood the importance of paying the annual fee and the consequences of failing to do so.
(h) Selkirk ... view the full minutes text for item 4. |