Agenda and minutes

          APPOINTMENT OF CONVENER

          The Board considered the appointment of Convener.  Councillor Weatherston, seconded by Councillor Small, moved that Councillor Richards be elected.  Councillor Sinclair, seconded by Councillor Brown, moved that Councillor Marshall Douglas be appointed.  Following a secret ballot Members voted as follows:-

         Councillor Richards - 3 votes

         Councillor Douglas - 5 votes

         Councillor Douglas was duly elected.

DECISION

AGREED that Councillor Douglas be appointed as Convener of the Scottish Borders Licensing Board.

Minute of Meeting of 22 April 2022 for approval.  (Copy attached.)

2.0      MINUTE

There had been circulated copies of the Minute of the Meeting held on 22 April 2022.  Councillor Weatherston advised that he had been present at the meeting and sought an amendment to the Minute to reflect this.

DECISION

APPROVED the minute for signature by the Convener, subject to the inclusion of Councillor Weatherston in the attendance.

(a)          13 April – 16 May 2022

(b)          17 May – 14 June 2022

(Copy attached.)

2.0      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 13 April – 14 June 2022.

DECISION

NOTED.

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

The Trimontium Trust                                                The Trimontium Museum

                                                                                    The Ormiston Buildings

                                                                                    Market Square

                                                                                    Melrose TD6 9BN

                                                                                    Provisional

Proposed business activity - The premises are the retail shop area contained within the Trimontium Museum/Visitor Centre in Melrose Town Centre. The proposal being to sell alcohol on an Off-Sale basis only.

Licensed hours applied for:

On Sale                                                                       Off Sale

N/A  Mon to Sun 10.00am - 10.00pm

Representations received:

Police Scotland - none.

Licensing Standards Enforcement Officer - none.

Health - none.

Other - none.

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

  The Trimontium Trust                                               The Trimontium Museum

                                                                                    The Ormiston Buildings

                                                                                    Market Square

                                                                                    Melrose TD6 9BN

                                                                                    Provisional

Proposed business activity - The premises are the retail shop area contained within the Trimontium Museum/Visitor Centre in Melrose Town Centre. The proposal being to sell alcohol on an Off-Sale basis only.

Licensed hours applied for:

On Sale                                                                       Off Sale

N/A  Mon to Sun 10.00am - 10.00pm

Representations received:

Police Scotland - none.

Licensing Standards Enforcement 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 application referred to the shop within the Trimontium Museum.  The proposal was to sell alcohol on an on sale basis.  The application was within policy and no objections had been received. Police Scotland had no comments.

          The Convener welcomed Kay Callander, who joined the meeting via Microsoft Teams.  Ms Callander explained that the Museum wished to sell a Trimontium gin in the shop and to progress to wine from Shropshire in the future.  In response to a question, Ms Callander confirmed that there would be no consumption of the alcohol on the premises. 

DECISION

AGREED TO GRANT.

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

James McDevitt (Heart of Duns)                                                        Volunteer Hall

                                                                                                            Langtongate

                                                                                                            Duns TD11 3AF

Friday 15 July 2022                                                                (5pm to 7.15pm – On Sale)

Representations received:

Police Scotland – copy attached.

Licensing Standards Enforcement Officer – copy attached.

Health – copy attached.

Other - none.

Section 56: Application for Occasional Licence

Considered the following application for Grant of an Occasional Licence.

James McDevitt (Heart of Duns)                                            Volunteer Hall

                                                                                                Langtongate

                                                                                                Duns TD11 3AF

Friday 15 July 2022                                                         (5pm to 7.15pm – On Sale)

Representations received:

Police Scotland – copy attached.

Licensing Standards Enforcement Officer – copy attached.

Health – copy attached.

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.   Also circulated were letters of objection from Mr Wynne, Licensing Standards and Enforcement Officer, Police Scotland and Health.

Mr Wynne advised that the objections received were in terms of the licensing objective ‘protecting children from harm’.  Mr Wynne advised that all the objectors considered the event to be a child centred event and the sale of alcohol to be inappropriate.  Mr Wynne went onto explain that the applicant (Mr McDevitt) was a trustee of the voluntary group ‘A Heart for Duns’ and on their behalf had applied for an occasional licence for the hours 1700 hrs till 1915 hrs on Friday 15th July 2022 to provide the sale of alcohol at a film showing within the Volunteer Hall, Duns.  The film to be screened was likely to be the Walt Disney animated film ‘Encanto’ (or similar) and was targeted at a children/young person audience estimated at 50 children and 10 young persons.  Scottish Borders Licensing Board statement of policy stated under the ‘protecting children from harm’ objective:

“ The board accepts many fund raising and community events benefit from granting of an occasional licence but would expect any organisation considering applying, to take into account whether or not it is appropriate to have the sale of alcohol forming a normal part of the event with particular regard to the Protecting Children from harm objective. This should be particularly considered for child centred events, related to school, youth or sporting organisations”.

          A similar application was received from Mr McDevitt for a film evening on 11th March 2022, when the format of the film evening consisted of a film around 1700 hrs aimed at a young person/child audience followed by another film around 1900 hrs aimed at a more adult/young persons audience.  Mr Scott, Licensing Standards and Enforcement Officer was consulted on the application and whilst the application did not state the films being shown he found that the early film was the Walt Disney animated production ‘Encanto’ with an estimated 50 children within the audience.  Mr Scott considered this a child centred event and as such had concerns about the suitability of the sale of alcohol at the earlier film.  He contacted the applicant and gave advice regarding child centred events and the Licensing Boards policy regarding them and the applicant had agreed to amend the application for a licence to commence at 7.15pm, to allow the sale of alcohol at the later film only. 

          Mr McDevitt applied again for an occasional  ...  view the full minutes text for item 6.

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

            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

5.0  SECTION 72 – APPLICATION FOR GRANT OF PERSONAL LICENCE

        DECISION

        Agreed that the application for the grant of a Personal Licence be refused.

6.0  MINUTE

            The Board considered the Private Minute of the Meeting held on 22 April 2022.

Consider application for Grant of Personal Licence (applicant cited to attend). (Copy application and notification of relevant offence from Police Scotland attached.)

Private Section of Minute of meeting of 22 April 2022 for approval  (Copy attached.)