Agenda and minutes
PDF 156 KBVenue: Committee Rooms 2 and 3, Council Headquarters, Newtown St Boswells
Contact: Eileen Graham Tele: 01835 826585 E-mail: eegraham@scotborders.gov.uk
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Minute of Meeting of Meeting held on 20 September 2019 to be approved and signed by the Convener. (Copy attached). Minutes: The Minute of Meeting of 20 September 2019 had been circulated.
DECISION APPROVED.
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Licences dealt with under Delegated Powers (Copies attached). Minutes: For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 4 September 2019 to 9 October 2019.
DECISION NOTED.
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Licensing (Scotland) Act 2005: (i) Section 20: Application for Premises Licence. Consider the following applications for Provisional Grant of Premises Licence (applicants cited to attend.) (Copies attached).
(a) Scott Hunter 40 Bridge Street Kelso (Provisional)
Proposed business activity – ground floor bistro/restaurant/coffee shop with table service of drinks provided by on sale facility. No off sale requested. Licensed hours applied for:
On Sale Off Sale Sun to Thurs – 11.00am to 12 midnight None Fri & Sat – 11.00am to 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
(b) Whitbread Group plc *Premier Inn Borders Gateway Tweedbank Drive Tweedbank (Provisional)
Proposed business activity – three storey hotel with accommodation, food and beverage area and association facilities. Restaurant will be open to the general public.
Licensed hours applied for: On Sale Off Sale Sun to Thurs – 11.00am to 12 midnight Monday to Sun – 10.00am – 10.00pm Fri & Sat – 11.00am to 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
*Note: layout plans are available for inspection in the licensing unit prior to the meeting or will be on display at the meeting
(ii) Section 29: Applications for Variation of Premises Licence. Consider the following applications for Variation of Premises Licence (applicants cited to attend.) (Copies attached).
(a) Hawick Rugby Ltd Hawick RFC Clubrooms Mansfield Park Mansfield Road Hawick
Amendments to 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 Wed 11.00am – 11.00pm Mon to Thurs 11.00am – 1.00am Thurs, Fri & Sat 11.00am – 1.00am Fri & Sat · a change to the core Off Sale Hours – Current Off Sale Hours Proposed Off Sale Hours 12.30pm – 10.00pm Sun 11.00am – 10.00pm Sun to Sat 11.00am – 10.00pm Mon to Sat · the addition to the permitted activities referred to in question 5 (column 4) of the Operating Plan, to include restaurant facilities, bar meals, club or other groups meetings etc, recorded music, live performance, dance facilities, theatre, films, indoor/outdoor sports and televised sport, outwith core hours; and · a change to the terms/explanation 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.
(b) Selkirk RFC Selkirk RFC Philiphaugh Ettrickhaugh Road Selkirk
Amendment to Operating Plan and layout plan as follows: · Change on and off sale core hours to commence at 11.00am Monday to Sunday (currently 5.00pm Monday to Thursday, 11.00am Friday and Saturday and 12.30pm Sunday). · Change terminal core hours for on sale to 12.00midnight Sunday to Wednesday and 1.00am Thursday to Saturday (currently 11.00pm Sunday to Thursday and 1.00am Friday and Saturday). · Change the terms of the seasonal variation in line with the Board’s Policy over the festive period. · Change question 5 listed activities to ... view the full agenda text for item 3. Additional documents:
Minutes: (i) Section 20: Application for Premises Licence. Consider the following application for Provisional Grant of Premises Licence:
(a) Scott Hunter 40 Bridge Street Kelso (Provisional)
Proposed business activity – ground floor bistro/restaurant/coffee shop with table service of drinks provided by on sale facility. No off sale requested. Licensed hours applied for:
On Sale Off Sale Sun to Thurs – 11.00am to 12 midnight None Fri & Sat – 11.00am to 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
There had been circulated copies of an application for provisional grant of premises licence, together with the proposed Operating Plan and layout plan. Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to allow the premises to operate as a bistro/restaurant/coffee shop with alcoholic drinks to be served by table service within the core hours. The Convener welcomed the applicant Mr Scott Hunter who explained that he presently owned the butcher shop and this application was an expansion of his existing business to open a café/bistro/restaurant next to his butcher shop which he considered would be an asset to the town. Members welcomed this proposal which was in a prime location in Kelso. There were no representations and the application was granted.
DECISION GRANTED
(b) Whitbread Group plc Premier Inn Borders Gateway Tweedbank Drive Tweedbank (Provisional)
Proposed business activity – three storey hotel with accommodation, food and beverage area and associated facilities. Restaurant would be open to the general public. Licensed hours applied for:
On Sale Off Sale Sun to Thurs – 11.00am to 12 midnight Monday to Sun – 10.00am – 10.00pm Fri & Sat – 11.00am to 1.00am
Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.
There had been circulated copies of an application for provisional grant of premises licence, together with the proposed Operating Plan. The layout plans had been available for inspection in the licensing unit prior to the meeting and was on display at the meeting. Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was for a proposed development of a Premier Inn in Tweedbank which was a standard hotel licence for accommodation, food and beverage area with associated facilities. The restaurant would also be open to the general public. In accordance with the Board’s policy, the application also proposed for the extension of on sale core hours until 1.00am on Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day. The Convener welcomed Mr Grunert, representative for Whitbread plc, who advised that the proposed development was adjacent to Tweedbank Industrial Estate and would act as a gateway to the Borders and was near to the railway station. The establishment would comprise of a 71 bed unit, with the core hours within the Board’s policy. There would be very limited display areas for alcohol and would not provide an off sale facility other than for those ... view the full minutes text for item 3. |
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Festive Season Extended Hours Policy Consider festive season policy hours to be granted under delegated powers.
Minutes: 4.1 There were circulated at the meeting copies of a briefing paper regarding a proposed Festive Season Extended Hours policy. Mr Tunnah, the Licensing Standards and Enforcement Officer explained that the vast majority of licensed premises in the Scottish Borders had a seasonal variation included in their Operating Plans allowing a terminal hour of 1 a.m. on Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day. As in previous years, it would therefore seem appropriate to allow the premises which did not have this seasonal variation to apply for an extension to their core hours up to the same terminal hour on those days and for those applications to be dealt with under delegated powers, where no other objections or representations were received. If objections or representations were received the applications would be referred to the Board for a decision as required by the 2005 Act. It would also seem appropriate that the same policy be applied to events being catered for in unlicensed premises by way of Occasional Licences.
4.2 With regard to Night Clubs/Late Hours Premises, as in previous years and for consistency it was suggested that it would be appropriate to allow Night Clubs to apply for extensions to their existing hours on the days stated above allowing them to trade to their usual core weekend hours. This preserved the normal weekend time differential between specific late night venues and other licensed premises. Again any extended hours applications for the days stated would be dealt with under delegated powers where no other objections or representations had been received. Where objections and representations were received the applications would be referred to the Board for a decision as required by the 2005 Act. Any applications in respect of any premises for a terminal hour later than the days and times stated above would be referred to the Board for a decision on their own individual merits.
DECISION AGREED:-
(a) applications be granted under delegated powers by officers, for an extension to their core hours up to the terminal hour of 1 a.m. on the five festive dates (24, 25, 26 and 31 December 2019 and 1 January 2020) for those premises that do not have a seasonal variation in their current Operating Plan;
(b) applications in respect of Night Clubs/Late Hours premises be granted under delegated powers by officers, for an extension to their existing hours to their usual core weekend hours on the five festive dates (24, 25, 26 and 31 December 2019 and 1 January 2020); and
(c) as required by the Licensing (Scotland) Act 2005, where there were any representations or objections to such applications, they would require to be referred to the Board for a decision.
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Private Business 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.”
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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 a future meeting.
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Minute Private Section of Minute of Meeting held on 20 September 2019 to be approved and signed by the Convener. (Copy attached). Minutes: The private Minute of Meeting of 20 September 2019 had been circulated.
DECISION APPROVED.
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