Scottish Borders Council

Agenda and minutes

Venue: via Microsoft Teams

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

Link: teamsliveevent

Items
No. Item

1.

Minute pdf icon PDF 71 KB

Minute of Meeting held on 19 February 2021 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 19 February 2021.

 

              DECISION

              APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 54 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 10 February 2021 to 16 March 2021.

 

DECISION

NOTED.

 

3.

Order of Business

Minutes:

ORDER OF BUSINESS

The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

 

4.

Section 20: Application for Premises Licence pdf icon PDF 149 KB

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

 

(i)     John Faichney                                                     Apples for Jam

                                                                                      High Street

                                                                                      Earlston

                                                                                      Provisional

 

         Ground floor café/ bistro premises located in Earlston town centre.

 

        Licensed hours applied for:

        On Sale                                                                 Off Sale

        Mon to Sun 11.00am to midnight                          Mon to Sun 10.00am - 10.00pm

         

Representations received:

Police Scotland – none.

Licensing Standards Officer - none.

Health - none.

Other - neighbour representation.

 

(ii)          Simon Rutherford                                     Chestnut Lodge (Office)

                                                                       Chirnside Station

                                                                      Chirnside

                                                                      Duns

                                                                      Provisional

            The premises is a single room office/unit in the garden ground of Chestnut Lodge. The proposal is to use the office/unit as a distribution and storage point for online and telephone orders relating to the small-scale production of compounded Craft Spirits, mainly naturally flavoured gins.

 

        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:

Section 20:  Application for Provisional Grant/Grant of Premises Licence. Consider     the following applications for Provisional Grant/Grant of Premises Licence (applicants cited to attend.)  (Copies attached).

 

(a)  Simon Rutherford                                            Chestnut Lodge (Office)

               Chirnside Station

               Chirnside

               Duns                                                         

               Provisional

The premises is a single room office/unit in the garden ground of Chestnut Lodge. The proposal was to use the office/unit as a distribution and storage point for online and telephone orders relating to the small-scale production of compounded Craft Spirits, mainly naturally flavoured gins.

 

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 and layout plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the office, which was to be used as a distribution and storage point was situated within the garden of the applicant’s home address.  The distribution point was to be used for online and telephone orders relating to the small scale production of compounded Craft Spirits and required to be licensed.  No objections had been raised.

 

The Convener welcomed Mr Rutherford, Applicant to the meeting via Microsoft Teams.  Mr Rutherford re-iterated what Mr Tunnah had advised.

 

DECISION

GRANTED.

 

 

(b)   John Faichney                                                 Apples for Jam

                                                                      High Street

                                                                      Earlston

                                                                      Provisional

 

     Ground floor café/ bistro premises located in Earlston town centre.

     Licensed hours applied for:

 

     On Sale                                                                    Off Sale

     Mon to Sun 11.00am to midnight                             Mon to Sun 10.00am - 10.00pm

      

    

     Representations received:

     Police Scotland – none.

     Licensing Standards Officer - none.

     Health - none.

     Other - neighbour representation.

                     

There had been circulated copies of an application for the provisional grant of a premises licence together with the proposed Operating Plan and layout plan.  Representations had been received from a neighbour and these had been circulated.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the premises was an established business having previously operated as a café and was situated next to the chip shop on Earlston High Street.  The application was to allow beers and wines to be served with light lunches and in order to operate as a bistro on specified evenings during the week.  The core hours applied for 11 a.m. – 12 midnight were to allow flexibility in the operating of the café.  The Applicant had initially requested a licence for bring your own bottle, however Mr Tunnah advised that the applicant would have more control with specified hours.  Police Scotland had no objections.  Mr Tunnah further explained that there had been one objection from a neighbour whose house was situated above and to the side of the café premises.

 

The Convener welcomed Mr and Mrs Faichney, Applicants and Miss Claire Falconer, Objector to the meeting via Microsoft Teams.  Mr Faichney advised that the café in Earlston was one of two businesses they operated within the  ...  view the full minutes text for item 4.

5.

Section 29: Application for Variation of Premises Licence pdf icon PDF 136 KB

Consider application for Variation of Premises Licence (applicant cited to attend.) (Copies attached.)

 

(i)        Naureen Ashiq                                                 Keystore Lauder

                                                                                    4/6 Market Place

                                                                                    Lauder

 

        Amendment to operating and layout plans:-

  • Increase in alcohol display capacity from 10.018 metres square to 15.45 metres square.

 

        Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

        Other - none.

 

Minutes:

Section 29:  Application for Variation of Premises Licence. Consider the following application for Variation of Premises Licence (applicant cited to attend.)  (Copies attached)

 

(a)  Naureen Ashiq                                            Keystore Lauder

                                                                                    4/6 Market Place

                                                                                    Lauder

 

        Amendment to operating and layout plans:-

·  Increase in alcohol display capacity from 10.018 metres square to 15.45 metres square.

 

        Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

        Other - none.

 

There had been circulated copies of an application for the variation of premises licence.    Mr Tunnah, Licensing Standards and Enforcement Officer explained that the variation was a result of a refurbishment of the premises and extension of the alcohol display.  There were no objections.

 

The Convener welcomed Mr Ashiq and his representative Mr Millar to the meeting via Microsoft Teams.  Mr Millar confirmed that there had been extensive re-furbishment of the premises to modernise and accommodate changes in demand with increased the chiller cabinets and alcohol display. 

 

DECISION

GRANTED.

 

6.

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 33 

Transfer of Premises Licence  

The Board considered information from Police Scotland in respect of the transfer of the Premises Licence.  The licence holder was present via Microsoft Teams.  After hearing both parties, the Board agreed that the transfer be granted.

 

6.0     LICENSING SCOTLAND ACT 2005:  Section 36(4) 

Review of Premises Licence

The Board considered a request from Mr Tunnah, Licensing Standards and Enforcement Officer to review premises licences under Terms of Section 14 of the Licensing Scotland Act 2005.  After consideration the Committee agreed action to be taken in respect of each Premises.

7.

Section 33: Application for Transfer of Premises Licence

 Consider the following application for Transfer of Premises Licence (applicant cited to attend*.)   (Copies attached).

 

 

Partnership of Robert and Yvonne                       Stag’s Head Bar

       Telfer toMcCanogg Limited*                               13 Drumlanrig Square

                                                                       Hawick         

        Representations received:

 Police Scotland - copy attached.

 Licensing Standards Officer - none.

 Other - none.

 

 

8.

Section 36(4): Application for Review of Premises Licence.

Consider applications submitted by the Licensing Standards Officer (licenceholders cited to attend. (Copy attached.)

 

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