Scottish Borders Council

Agenda and 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 66 KB

Minute of Meeting held on 23 August to be approved and signed by the Convener.   (Copy attached.)

Minutes:

The Minute of Meeting of 23 August 2019 had been circulated.

 

DECISION

APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 309 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 July 2019 to 3 September 2019. 

 

DECISION

NOTED.

 

DECLARATION OF INTEREST

Councillor Richards declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the meeting during the discussion.

 

3.

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

Additional documents:

Minutes:

Section 29:  Application for Variation of Premises Licence. Considered the following application for variation of Premises Licence:

 

(i)     Peter Tyler                                                Denholm Meet

                                                                 Westside

                                                                 Denholm

             

Amendments to licence and operating plan, which include the following:

 

·          a change to the core On Sale Hours –

                      Current On Sale Hours                        Proposed On Sale Hours

                      12.30pm – 11.00pm Sun                      11.00am – 12 midnight Sun to Thurs

                      11.00am – 11.00pm Mon to Sat          11.00am – 1.00am Fri & Sat

      

·          the addition of core Off Sale Hours –

                      Current Off Sale Hours                        Proposed Off Sale Hours

                      None                                                     10.00am – 10.00pm Sun to Sat

      

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

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

·         the addition of appropriate explanation/terms at question 5(e) of the Operating Plan relating to the list of permitted activities (as to ‘Yes’ in column 4); and

·         the addition of appropriate explanation/terms at question 5(f) of the Operating Plan relating to any other activities.

 

       Representations received:

       Police Scotland - none.

       Licensing Standards Officer - none.

       Health - none.

       Other - none.

 

There had been circulated copies of an application for variation of existing Premises Licence, together with current and proposed Operating Plans.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to update the existing operating plan to include off sale hours to accommodate patrons who purchased wine when having a meal to take any open bottle home.  The premises would operate as a Café/Restaurant/Bistro with alcohol, generally but not exclusively, being sold to accompany food.  The Convener welcomed the applicant, Mr Tyler who explained that the change to the plan would give customers the opportunity to purchase a bottle of wine with their meal and take away any unfinished wine or to buy a bottle of wine to take away.  There were no representations and the application was granted.

 

DECISION

GRANTED.

 

        (ii)  Buccleuch Recreational Enterprises Ltd            Bowhill

                                                                                                Selkirk

 

  Amendment to operating plan and layout plan:

·      Change core hours to commence at 11.00am Sunday for on sale (currently 12.00noon); and 10.00am on Sunday for off sale (currently 12.00 noon).

·      Change terminal core hours for on sale to 12.00midnight Sunday to Wednesday and 1.00am Thursday to Saturday (currently 11.00pm each evening).

·      Change the terms of the seasonal variation in line with the Board’s policy over the festive period.

·      Change question 5 listed activities outwith core hours to include conference facilities, restaurant facilities, club or other group meetings, live performance, dance facilities, theatre, films, indoor and outdoor sports, and outdoor drinking facilities.

·      Change question 5 listed activities to include both within and outwith core hours receptions etc, recorded music and  ...  view the full minutes text for item 3.

4.

Private Business

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.”

 

5.

Licensing Scotland Act 2005:

Personal Licence Hearing

Section 84A: Hearing to consider review of Personal Licence on report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland notification attached.) (licence holder cited to attend.)

Minutes:

Section 84A: Hearing to consider review of Personal Licence on report of conduct inconsistent with licensing objectives received from Police Scotland.

In the absence of the applicant, the Board unanimously agreed to defer this item to the next meeting.

 

DECISION

DEFERRED to a future meeting.

 

6.

Minute

Private Section of Minute of meeting held on 23 August to be approved and signed by the Convener. (Copy attached.)

Minutes:

The private Minute of Meeting of 23 August 2019 had been circulated.

 

DECISION

APPROVED.

 

 

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Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800

Email:

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