Scottish Borders Council

Agenda and draft minutes

Venue: Committee Rooms 2 and 3, Council Headquarters, Newtown St Boswells

Contact: Eileen Graham Tele: 01835 826585  E-mail:  eegraham@scotborders.gov.uk

Items
No. Item

1.

Minute pdf icon PDF 69 KB

Minute of Meeting held on 18 January 2019 to be approved and signed by the Convener.  (Copy attached).

Minutes:

The Minute of Meeting of 18 January 2019 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 9 January 2019 to 12 February 2019. 

 

DECISION

NOTED.

 

3.

Licensing (Scotland) Act 2005: pdf icon PDF 2 MB

Additional documents:

Minutes:

Section 20:  Application for Variation of Premises Licence

3.1       The Board considered the following application for Provisional Grant of Premises Licence:-

        

(a)    Pauline Archibald                                                      The Hub on the High Street

                                                                                            33 High Street

                                                                                            Innerleithen

                                                                                              

 

       Licensed hours applied for:

       On Sale                                                                          Off Sale

       None                                                                               Sunday to Saturday

                                                                                               10.00am – 10.00pm

 

 

Representations received:

Police Scotland - yes.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

3.2       There had been circulated copies of the application together with proposed Operating Plan and layout plan for a Provisional Grant of Premises Licence.  A representation dated 23 January 2019 had been received from Police Scotland.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was for the premises to operate as a gift shop selling a range of products and produce which in the main would be of local origin and would include a range of ales, wines and spirits.  The premises would operate as an information point within the retail area and would be available for local and tourist information. 

 

3.3       Inspector J. McGuigan for Police Scotland referred to the Police representation requested in terms of Section 22(1)(b)(iii) that the Board consider it appropriate applying and make it an additional condition that there was CCTV covering the whole of the alcohol area.

 

3.4       The applicant, Pauline Archibald and the proposed Designated Premises Manager, Carmel Walsh were in attendance.  Ms Archibald provided an overview of how the new business would operate and advised that a brand new CCTV and alarm system was being installed at the premises that day. 

 

DECISION

GRANTED.

 

 

4.

Section 29: Application for Variation of Premises Licence pdf icon PDF 1 MB

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

 

(a)   Peebles Hydro Limited                                     Peebles Hydro Hotel

                                                                          Innerleithen Road

                                                                          Peebles

                                                                        

        Amendments to operating plan and layout plan to show Bike Zone, Distillery and Gin School to be sited on the lower ground floor.

 

                   Representations received:

                   Police Scotland - none.

                   Licensing Standards Officer - none.

                   Health - none.

                   Other - none.

 

Additional documents:

Minutes:

4.1       The Board considered the following application for Variation of Premises Licence:-

 

(a)       Peebles Hydro Limited                                              Peebles Hydro Hotel

                                                                                               Innerleithen Road

                                                                                               Peebles

                                                                                              

Amendments to operating plan and layout plan for the addition of a Bike Zone, Distillery and Gin School to be sited on the lower ground floor.

 

          Representations received:

         Police Scotland - none.

         Licensing Standards Officer - none.

         Health - none.

         Other - none.

 

4.2       There had been circulated copies of the application together with current and proposed Operating and Layout Plans for a variation of existing Premises Licence.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to change the existing Operating Licence to include that brewing would be carried out in the brewery building where various craft ales were produced.  Distilling and the associated Gin School would take place adjacent to a new Bike Zone on the lower ground floor of the main hotel building. 

 

4.3       Andrew Williams, Solicitor and Sandra Dawson, on behalf of the Hotel were in attendance.  Mr Williams explained that the brewing and distillery operation had been successful and the proposal was to move the distillery with associated Gin School into the main hotel building.  Refurbishments would be required to include the distillery and Gin School in the main part of the building and the relevant permissions had already been granted. 

 

DECISION

GRANTED.

 

 

5.

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”

Minutes:

Before proceeding with the private business, the following motion should be approved:

 

“That under Section 50A(4) of the Local Government (Scotland) 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.”

 

 

6.

Licensing (Scotland) Act 2005:

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

Minutes:

(a)   Section 72 – Applications for Grant of Personal Licence.  Hearings to consider applications following notification from the Chief Constable of conviction(s) for relevant offences.

 

(i)     T Moore

REFUSED on the grounds that the applicant was not considered fit and proper with regard to the licensing objective preventing crime and disorder.

 

(ii)    M Biggar

GRANTED.

 

(b)    Section 84A – Conduct inconsistent with the licensing objectives.  Hearings to consider Personal Licences following reports received from the Chief Constable requesting revocation.

 

(i)     J Hume

AGREED to take no action on the grounds that there was insufficient information that the licence holder was no longer fit and proper.

 

(ii)    H Khan

AGREED to revoke the Personal Licence on the grounds that the licence holder can no longer be considered fit and proper due to the nature of convictions against him since the licence was issued.

 

 

 

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