Scottish Borders Council

Agenda and minutes

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

Contact: Fiona Henderson Tel:01835 826502  E-mail:  fhenderson@scotborders.gov.uk

Link: teamsliveevent

Items
No. Item

1.

Minute pdf icon PDF 124 KB

Minute of Meeting of 18 September 2020 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

CONVENER

The Convener opened the meeting and welcomed Members of the Licensing Board and members of the public to Scottish Borders Licensing Board’s open on-line meeting.  He explained the meeting was being held remotely in order to adhere to guidance on public meetings and social distancing currently in place due to the Covic-19 pandemic.

 

1.0            Minute

The Minute of Meeting of 18 September 2020 had been circulated.

 

              DECISION

              APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 183 KB

(Copy attached.)

Minutes:

LICENCES DEALT WITH UNDER DELEGATED POWERS

2.0            For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the period 1 – 30 September 2020.

 

DECISION

NOTED.

 

3.

Police Scotland Annual Report pdf icon PDF 645 KB

Consider Chief Constable’s report to the Scottish Borders Licensing Board for the period from 1 April 2019 to 31 March 2020.  (Copy attached.)

 

Minutes:

3.0            POLICE SCOTLAND ANNUAL REPORT

There had been circulated copies of a report by the Chief Constable – Police Service of Scotland, Mr Iain Livingstone for the period 1 April 2019 to 31 March 2020 in accordance with Section 12(A) Licensing (Scotland) Act 2005.  The report summarised the work undertaken throughout this period.  The Scottish Borders Licensing Board area was policed by J Division and Chief Superintendent John McKenzie was the Local Police Commander who had responsibility for all day to day policing functions.  The Local Area Commander Chief Inspector Stuart Reid, supported by Jacqueline McGuigan, were based at Galashiels and were responsible for performance management, community engagement, partnership working and the daily management of local personnel.  The report outlined the local policing priorities, description of Board area and information on the operation of the Licensing (Scotland) Act 2005.  In the Scottish Borders, there were 341 recorded incidents in licensed premises between this period which was a slight decrease of 1.15% on the previous year.  There continued to be a notable trend in thefts of alcohol from ‘off sales’ premises over the reporting year, which may be due to the introduction of minimum pricing.  Police Scotland carried out 1389 recorded inspections of licensed premises in the Borders during the reporting year.  On Friday and Saturday evenings police officers are deployed on foot where other incidents permit, to aid with dispersal of licensed premises and reduce antisocial behaviour and violence related incidents between the hours of 2200-0400.  The proactive use of exclusion orders and antisocial behaviour legislation continued to contribute hugely to reducing repeat offending in licensed premises and the ongoing joint Police Council initiative on the prevention of the sale or supply of alcohol to children and young people by advertising on the local SBC website and posters at larger events.  The crackdown of fake driving licences by visits to local premises and the tackling of serious and organised crime.  The report also summarised the proposed activity for the year ahead which included additional staff support, an increase in Licensee Premises being checked and more often, focussing even more on prevention and Police Licensing Officer tasking front line police officers on a weekly basis through a local tasking process and providing additional training to younger in service officers.  Inspector McGuigan advised that the report fully acknowledged the many active local partnerships that provided continued support, to enable Police Scotland and partners to drive improvement in licensing and answered Members questions.

 

DECISION

NOTED.

 

4.

Section 20: Application for Premises Licence pdf icon PDF 166 KB

Consider the following application for Grant/Provisional Grant of Premises Licence (applicant cited to attend.)(Copies attached.)

 

(i)     Section 20:  Applications for Premises Licence. Consider the following applications for Provisional Grant of Premises Licence (applicant cited to attend.)  (Copies attached).

 

        Catryna Reid                                                        Tartan and Tweed

                                                                       33 High Street

                                                                      Jedburgh

                                                                      (Provisional)

       

        The premises are a ground floor retail unit located on High Street, Jedburgh and consist of a public retail area, storage area and staff toilet. The premises operate as a clothing and gift shop selling a range of products and produce which in the main is of Scottish Origin, with the proposal to include a small range of ales, wines and spirits for sale on an off-sale basis only.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none.

 

Additional documents:

Minutes:

           LICENSING (SCOTLAND) ACT 2005:

                 (a)     Section 20:  Application for Variation of Premises Licence. Consider the    

                          following application for Provisional Grant of Premises Licence (applicant cited to 

                          attend). 

 

          (i)    Catryna Reid                                          Tartan and Tweed

                                                                                                  33 High Street

                                                                                                  JEDBURGH

                                                                                                  (Provisional)

 

Proposed business activity – Ground floor retail unit located on High Street, Jedburgh and consisting of a public retail area, storage areas and staff toilet.  The premises operated as a clothing and gift shop selling a range of products and produce in the main of Scottish origin. 

 

               Licensed hours applied for:

               On Sale                                                          Off Sale

              None                                                               Mon to Sun 10.00am – 10.00pm

                        

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – none

                                                                      

There had been circulated copies of an application for the provisional grant of a premises licence together with the proposed Operating Plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the proposed business activity would include the sale of a small range of ales, wines and spirits for sale on an off-sales basis only. The proposal was within policy and there were no objections from Police Scotland and no representations.  The Convener welcomed Mrs Reid, Applicant who joined via Microsoft Teams. Mrs Reid explained that the business had been running for 3 years and sold Scottish sourced gifts and the application would allow the sale of Scottish gins, ales and whiskey.  Following discussion, Members unanimously agreed to grant the Licence.

 

              DECISION

GRANTED.

 

5.

Section 29: Application for Variation of Premises Licence pdf icon PDF 395 KB

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

 

Innerleithen Golf Club                                                Leithen Road

                                                                                       Innerleithen

 

        Amendments to Operating Plan:

  • Change on sale core hours to Sunday to Wednesday 11.00am – 12.00midnight and Thursday to Saturday 11.00am – 1.00am

(currently Sunday to Thursday 11.00am – 11.00pm, Friday and Saturday 11.00am – 12.00midnight)

  • Change off sale core hours to 10.00am – 10.00pm Monday to Sunday

(currently Monday to Saturday 11.00am – 10.00pm and Sunday 12.00noon – 10.00pm)

  • Include seasonal variations – Christmas Eve, Christmas Day, Boxing Day, New Years Eve and New Years Day to 1.00am or within Board policy.
  • Include during and outwith core hours provision of: conference activities; music; live performances; dance facilities; theatre; films; outdoor drinking facilities.

Include outwith core hours provision of: restaurant facilities; club or group meetings; bar meals; receptions; televised sport

Change wording to explain the above outwith core hours

  • Removal of members club status as defined in the terms of Section 125 of the Licensing (Scotland) Act 2005 and the Licensing (Clubs) Regulations 2007

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

 

 

Additional documents:

Minutes:

(b)     Section 29:  Application for Variation of Premises Licence.  Consider          

              application for Variation of Premises Licence:

 

(i)     Innerleithen Golf Club                                              Leithen Road

                                                                                             Innerleithen

 

Amendment to Operating Plan:

·        Change on sale core hours to Sunday to Wednesday 11.00am – 12.00midnight and Thursday to Saturday 11.00am – 1.00am (currently Sunday to Thursday 11.00am – 11.00pm, Friday and Saturday 11.00am – 12.00midnight)

·        Change off sale core hours to 10.00am – 10.00pm Monday to Sunday (currently Monday to Saturday 11.00am – 10.00pm and Sunday 12.00noon – 10.00pm)

·        Include seasonal variations – Christmas Eve, Christmas Day, Boxing Day, New Years Eve and New Years Day to 1.00am or within Board policy.

·        Include during and outwith core hours provision of: conference activities; music; live performances; dance facilities; theatre; films; outdoor drinking facilities. Include outwith core hours provision of: restaurant facilities; club or group meetings; bar meals; receptions; televised sport Change wording to explain the above outwith core hours

·        Removal of members club status as defined in the terms of Section 125 of the Licensing (Scotland) Act 2005 and the Licensing (Clubs) Regulations 2007 Representations received: Police Scotland - none. Licensing Standards Officer - none. Health - none. Other - none.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none. Other - none.

 

There had been circulated copies of an application for variation of Premises Licence, together with current and proposed Operating Plans.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to bring the licence up to date and to allow access to the general public and passing trade, which at present had to be turned away.  The Venue was well run and the application was within policy.  There were no representations or objections from Police Scotland.  Although cited to attend, there were no representatives from Innerleithen Golf Club present and following discussion, Members unanimously agreed to grant the Licence.

 

DECISION

GRANTED

 

6.

Section 56: Application for Occasional Licence pdf icon PDF 587 KB

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

Additional documents:

Minutes:

(c)     Section 56:  Application for Occasional Licence.  Consider     

              application for Occasional Licence:

 

(i)             JD Wetherspoon (Scot) Ltd                      The Bourtree

                                                                                    9- 22 October and

                                                                                  23 October – 5 November 

                                                                                   Various times in external area in

                                                                                    carpark at rear of premises

 

Representations received:

Police Scotland - none

Licensing Standards Officer - attached

Health - none

Other – none

 

There had been circulated copies of an application for the grant of occasional licences in respect of 9 – 22 October and 23 October – 5 November.  As the date had passed for the 9 – 22 October, only the application in respect of 23 October – 5 November was considered.  There had been circulated copies of a letter dated 8 October 2020 from the Licensing Standards Officer.  Mr Tunnah explained that the application referred to had been made by the applicant to licence an outdoor area within the car park at the Bourtree Place premises in Hawick.  Mr Tunnah went on to explain that due to the COVID19 pandemic, the Scottish Government had temporary restrictions in place regarding the on-sale and consumption of alcohol.  The temporary restrictions which were in place until 26 October 2020 limited the sale and consumption to outdoor areas only at licensed premises with a terminal hour of 10.00 p.m. The premises had an extensive external area forming part of the current licensed footprint adjoining their premises close to the remote area car park, detailed in the application.  The surrounding area had a mix of residential and commercial properties in the vicinity and there had been noise complaints linked to the premises in the past.  The Licensee had recently used an area in the car park without the benefit of an occasional licence and presumably by way of the off-sale facility in the premises licence which had led to complaints regarding noise, nuisance and disturbance.  Mr Tunnah further explained that there were very few licensed premises operating in the Hawick area during the period that the temporary restrictions were in place, and as such it was likely that the current external area would be in high demand with this extra area, if granted adding to that footfall with the likelihood that noise, nuisance and disturbance may result in the vicinity.  Mr Tunnah requested that, should the Board be minded to grant the application that the following condition be applied to the Licence under the Licensing Objective: Preventing Public Nuisance - to minimise the risk of disturbance or disorder in the vicinity:-

 

·                Adequate and appropriate SIA stewarding be in place at the external areas throughout the licensed hours with a view to lessoning the risk of noise, nuisance and disturbance and to assist with the orderly dispersal prior to the terminal hour of 10.00 p.m. and to ensure compliance with any terms and conditions set out in the temporary regulations connected to COVID 19.

 

The Convener welcomed Mr McSporran, Area Manager and Frank Collins, Brunton Miller Solicitors who joined via Microsoft Teams. Mr McSporran explained that he was  ...  view the full minutes text for item 6.

7.

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 (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”

Minutes:

PRIVATE BUSINESS

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.”

 

 

SUMMARY OF PRIVATE BUSINESS

 

 

5.0       LICENSING SCOTLAND ACT 2005:  Section 36: Review of Premises Licence

The Board considered a request dated 9 September 2020 from Police Scotland for the revocation of a Personal Licence.  The Applicant and his representative were present via Microsoft Teams.  After hearing both parties, the Committee agreed that no action be taken at the present time.

 

6.0       Minute

The Private section of the Minute of 18 September 2020 was approved. 

 

 

 

 

The meeting concluded at 11 a.m.

 

8.

Declaration of Interest

9.

Licensing (Scotland) ACT 2005: Section 36(1) - Review of Premises Licence

10.

Minute

Private Minute of meeting held on 18 September 2020 to be approved and signed by the Convener.  (Copy attached.)

 

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