Scottish Borders Council

Agenda and minutes

Venue: Committee Rooms 2 and 3

Contact: Eileen Graham tel: 01835 826585  e-mail:  egraham@scotborders.gov.uk

Items
No. Item

CHAIRMAN

The Chairman reminded Members to have their Policy Statement with them at all times.

 

 

1.

Minute pdf icon PDF 80 KB

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.

 

2.

Licences dealt with under Delegated Powers pdf icon 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.

 

3.

Licensing (Scotland) Act 2005: pdf icon 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.

4.

Section 37: Review of Premises Licences pdf icon 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.

 

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