Agenda and minutes

Minute of Meeting of held on 19 November 2021 for approval.  (Copy attached.)

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 Covid-19 pandemic.

1.         MINUTE

There had been circulated copies of the Minute of the Meeting held on 19 November 2021.

DECISION

APPROVED the minute for signature by the Convener.

(Copy attached.)

1.         LICENSES DEALT WITH UNDER DELEGATED POWERS

For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the period 11 November – 6 December 2021.

DECISION

NOTED.

Reconsider report by the Clerk seeking approval of the Board’s Financial and Functions Reports for 2020/21 for publication. (Copy attached.)

ANNUAL FINANCIAL AND FUNCTIONS REPORT

With reference to paragraph 3 of the Minute of 19 November 2021, there had been re-circulated copies of the Annual Financial and Functions Report.  Members had sought clarification on the Board Members payment of £3164 detailed under other direct costs contained in Appendix 2 to the report.  Mr Kirk explained that the amount equated to an allocation of 30 hrs per Member for attendance at Board Meetings.

DECISION

(a)          NOTED the information.

(b)          AGREED to authorise the Clerk to the Board to proceed with the publication of the Annual Functions Report and Annual Financial Report.

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

Kibrea Khan                                                                Sultaans Contemporary Indian

                                                                                    Restaurant

                                                                                    4 Station Buildings

                                                                                    Dovemount Place

                                                                                    Hawick TD9 7AA

                                                                                    Provisional

Licensed hours applied for:

On Sale                                                                      Off Sale

Sun to Thurs11.00am – 12.00midnight                      Mon to Sun 11.00am - 10.00pm

Fri & Sat   11.00am – 1.00am

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

Section 20: Application for Premises Licence.  Consider the following application for Grant/Provisional Grant of Premises Licence.

Kibrea Khan                                                                Sultaans Contemporary Indian

                                                                                    Restaurant

                                                                                    4 Station Buildings

                                                                                    Dovemount Place

                                                                                    Hawick TD9 7AA

                                                                                    Provisional

Licensed hours applied for:

On Sale                                                                      Off Sale

Sun to Thurs11.00am – 12.00midnight                      Mon to Sun 11.00am - 10.00pm

Fri & Sat   11.00am – 1.00am

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

There had been circulated copies of an application for the grant of a provisional premises license together with the proposed Operating Plan and Layout Plan. Mr Michael Wynne, Licensing Standards and Enforcement Officer advised that the premises had previously been an Indian restaurant which was under new management.  The application was within policy and no objections had been received. Police Scotland had no comments.

The convener welcomed Mr Khan to the meeting via Microsoft Teams.   Mr Khan explained that the premises was operating as an Indian restaurant and he wished to offer alcohol to accompany meals.

DECISION

AGREED to grant.

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

(i)      Sainsbury’s SL Limited                                      Sainsbury’s Store

                                                                      Commercial Road

                                                                      Hawick

                                                                      TD9 7AW

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include restaurant facilities, recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, eg dry cleaners, shoe repair facilities.

The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

        Other – none

(ii)   Sainsbury’s SL Limited                                       Sainsbury’s Store

                                                                      Pinnaclehill Industrial Estate

                                                                      Kelso

                                                                             TD5 8AW

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

            ‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm. The restaurant/café may open from 7am to provide breakfasts etc’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a  ...  view the full agenda text for item 6.

Section 29: Application for Variation of Premises Licence.  Consider the following applications for Variation of Premises Licence.

There had been received three section 29 applications from Sainsbury’s SL Limited and Mr Wynne explained that as all of the applications were requesting the same changes to the operating plan without objections they could be considered collectively. 

Mr Kirk advised that Niall Hassard, Legal Director TLT was unable to attend the meeting due to a meeting conflict and had submitted a written statement which had been circulated to the Board prior to the meeting.  The statement explained that during a recent review of 100+ premises licences for all the Scottish supermarket and local convenience stores, it became apparent that, over time, whether through grandfather rights or organic growth of the estate the core premises licence permissions varied significantly between Boards and moreover some stores’ licences even varied within the same Board area.  Sainbury’s were therefore seeking to vary all Sainsbury’s licences and to future proof elsewhere e.g. to ensure the ever-growing delivery business had been picked up within the operating plan.  The application for variation  amended the description for continuity with other stores; added recorded music and live performance (to cover those ad hoc seasonal activities); identified general retail may occur outwith licensed hours but not normally before 7am or post 11pm; confirmed the position around home deliveries in line with the 2005 Act and the wording of other activities was widened to capture activities which may happen in some stores from time to time e.g. sampling or product launches.  There was no change to the alcohol provision and the variations were simply to address ancillary matters covered by the licence.

(i)      Sainsbury’s SL Limited                                      Sainsbury’s Store

                                                                      Commercial Road

                                                                      Hawick

                                                                      TD9 7AW

            Amendments to the Operating Plan to include the following:-

·      Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include restaurant facilities, recorded music and live performances both within and outwith core hours;

·        Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·           Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, e.g. dry cleaners, shoe repair facilities.

The premises  ...  view the full minutes text for item 6.