Agenda and minutes

Minute of Meeting of 18 March 2022 to be approved and signed by the Convener.  (Copy to follow.)

1.         MINUTE

There had been circulated copies of the Minute of the Meeting held on 18 March 2022.

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 9 March 2022 – 12 April 2022.

DECISION

NOTED.

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

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

Stow Community Trust                                               Stow Station House

                                                                                    37-39 Station Road

                                                                                    Stow

                                                                                    Galashiels TD1 2SQ

                                                                                    Provisional

        Proposed business activity - The premises are the restored stationmasters house at Stow Railway Station.  It is a detached building within the car park of the station and adjacent to the platform.  The premises are on a single level and comprise of a meeting room, snug bar, restaurant/café with a small bar area, kitchen, toilets and storage areas with a small outside patio area to the side of the building. The proposal being to sell alcohol on an On and Off Sale basis.

        Licensed hours applied for:

On Sale                                                               Off Sale

        Sun to Wed 11.00am – 12.00midnight               Mon to Sun 10.00am - 10.00pm

        Thurs to Sun  11.00am – 1.00am

        Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

LICENSING (SCOTLAND) ACT 2005:

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

(a)        Stow Community Trust                                    Stow Station House

37   – 39 Station Road

                                                                                    Stow                                                                                                                                        Galashiels TD1 2SQ                                                                                                               Provisional

            Licensed hours applied for:

            On Sale                                                         Off Sale

Sun to Wed 11.00am – 12.00midnight           Mon to Sun 10.00am - 10.00pm

Thurs to Sun 11.00am – 1.00am

Representations received:

Police Scotland - none.

Licensing Standards Officer - 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 were the restored station masters house at Stow Railway Station, which was a detached building within the car park of the station and adjacent to the platform, although there was no access to the railway.  The premises were on a single level and comprised of a meeting room, snug bar, and restaurant/café with a small bar area, kitchen, toilets and storage areas with a small outside patio area to the side of the building.  The proposal was to sell alcohol on an On and \off sale basis.  The application was within policy and no objections had been received. Police Scotland had no comments.

The convener welcomed Grace Murray, applicant, who joined the meeting via Microsoft Teams.   Mrs Murray explained that the purpose of restoring the building was to create a facility for Community use and a Centre for the Village to draw people in.   The Hub held 9 e-bikes for use by the general public and there were a number of walking routes in the vicinity.

            DECISION

            GRANTED.

Consider extension of licensing hours. (Copy letter attached.)

QUEENS PLATINUM JUBILEE

4.         There had been circulated copies of a letter from the Licensing Standards and Enforcement Officer requesting the Board consider extending the Licensing hours over the Queens Platinum Jubilee Holiday week-end on 2 – 5 June 2022.  It was anticipated that that some licensed premises within the Scottish Borders may apply for extended hours to their current premise licence.  In terms of Section 67 of the Licensing (Scotland) Act 2005, the Board may determine that it was appropriate to grant a general extension of licensed hours for the Platinum Jubilee Holiday Weekend. This extension would apply from Thursday 2nd to Sunday 5th June 2022 inclusive and would allow an extension of the terminal hour for the sale of alcohol during that period until 1.00am and would apply only to On-Sale and not to Off-Sales of alcohol.  There would be no general extensions beyond this (1.00am) although any applications for extended hours outwit the general extension would be considered on a case-by-case basis.

There was no need for licensees to apply for the general extension to 1.00am and On-Sales premises could utilise these hours to the extent they considered appropriate.  It was noted that whilst most licensed premises within the Scottish Borders had licensing hours until 1.00am on Thursday, Friday and Saturday nights, they did not have these hours on a Sunday night (12 midnight) and there would be no requirement for the submission of extended hours applications to the Board.

DECISION

AGREED to grant a general extension of licensed hours for the Platinum Jubilee Holiday Weekend to apply from Thursday, 2 to Sunday 5 June 2022 to allow an extension of the terminal hour for the sale of alcohol during that period until 1.00 a.m.

CHAIRMAN’S REMARKS

This being the final meeting before the Elections, the Chairman thanked Councillors Brown, Paterson and Turnbull, who were not standing for Election for their contribution to the Licensing Board over the past five years.

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”

PRIVATE BUSINESS

            DECISION

            AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 14 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

6.    SECTION 84A – REVIEW OF PERSONAL LICENCE

       Further consideration of an application for review of Personal Licence following report of conduct inconsistent with licensing objectives received from Police Scotland.

7.    SECTION 36 – REVIEW OF PREMISES LICENCE

       Further consideration of an application for the review of Premises Licence following reports of conduct inconsistent with licensing objectives from the Principal Regulatory Services Officer.

8.    MINUTE

            The Board considered the Private Minute of the Meeting held on 18 March 2022.

Further consideration of an application for review of Personal Licence following report of conduct inconsistent with licensing objectives received from Police Scotland :-

(i)      original letter from Police Scotland dated 29/06/2021; and

(ii)     update letter from Police Scotland dated 06/04/2022.

(Licenceholder cited to attend.) (Copies attached.)

Consider application for review of Premises Licence following reports of conduct inconsistent with licensing objectives :-

(i)     original report by Principal Regulatory Services Officer;

(ii)    additional / update report by Principal Regulatory Services Officer;           

(iii)   report by Licensing Standards and Enforcement Officer; and

(iv)   affidavit from Premises Licence Holder.

  (Licenceholder cited to attend.) (Copies attached.)

Private Section of Minute of meeting of 18 April 2022 for approval  (Copy to follow.)