Agenda and minutes

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

Minute of Meeting held on 25 October 2019 to be approved and signed by the Convener.  (Copy attached.)

The Minute of Meeting of 25 October 2019 had been circulated.

DECISION

APPROVED.

(Copies attached).

For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 10 October 2019 to 17 November 2019 and 18 November to 9 December 2019.

DECISION

NOTED.

(a)     Section 20:  Application for Premises Licence. Consider the following applications for Grant/Provisional Grant of Premises Licence:

 Milestone Garden and Leisure Ltd                          Greenhouse Café

                                                                           6 Buccleuch Street

                                                                           Melrose

                                                                           (Provisional)

        Proposed business activity - Ground floor café/restaurant premises adjacent to the main car park serving Melrose Abbey.  Alcohol would be generally but not exclusively sold to accompany meals and snacks for consumption within the premises and outdoor seated area.

Licensed hours applied for:

On Sale                                                                   Off Sale

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

          Thurs to Sat 11.00am – 1.00am

Sun – 11.00am to midnight

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

  Other - A Young.

There had been circulated copies of an application for provisional grant of premises licence, together with the proposed Operating Plan and layout plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to allow the premises to operate to serve alcoholic drinks and the core times applied for would allow flexibility for the sale of alcohol for occasional events.  The new premises had been developed recently and was operating successfully and the application would permit the sale of alcohol with meals.  There had been one representation received where the main concern was the proposed business trading hours until 1.00am.  The Convener welcomed the applicant’s representative Leanne Charlton who explained that the premises currently operated as a café/restaurant with a wide variety of meals and snacks available and alcohol would generally but not exclusively be served to accompany food.  Ms Charlton went on to explain that it was not intended to operate outside the hours or change the way the café was currently operating on a regular basis, but it would allow the opportunity for provision of alcohol with a meal. On an occasional basis the premises would host events and the core hours applied for will allow flexibility.  There was one representation received which registered very serious concerns to the application as it would result in more noise and activity of people and vehicles.  The Convener welcomed Ms A. Young who stated that the area would be in real danger of losing its unique charm and appeal for residents and visitors.  Ms Young advised that she had no objection to the sale of alcohol but had concerns with regard to the proposed late opening times which potentially would cause noise and disturbance in a relatively quiet area of the town in a residential part of the street.  The applicant reiterated that it was not the intention to remain open late every day but only on an occasional basis for special events.  After a full discussion by Members, the application was granted with no objections received from the Police or concerns received from other residents in the area.

DECISION

GRANTED.

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

Partnership of Luigi & Paolo Crolla                Bar Sport (formerly H20 and            The Italian Restaurant)

                                                                                      88  ...  view the full minutes text for item 4.

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”

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.”

Section 84A: Personal Licences.  (licenceholders cited to attend).

(a)         Hearing to consider report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland report attached).

(b)         Hearing to consider report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland report attached).

(a)       In the absence of the licenceholder, the Board continued consideration of a report of conduct inconsistent with licensing objectives received from Police Scotland.

(b)       The Board considered a report of conduct inconsistent with licensing objectives received from Police Scotland and following a hearing endorsed the licenceholder’s Personal Licence.

Private Section of Minute of meeting held on 25 October 2019 to be approved and signed by the Convener.  (Copy attached.)

The private Minute of Meeting of 20 October 2019 had been circulated.

DECISION

APPROVED.