Scottish Borders Council

Agenda and minutes

Venue: Committee Rooms 2 and 3, Council Headquarters, Newtown St Boswells

Contact: Fiona Henderson Tel: 01835 826502  E-mail:  eegraham@scotborders.gov.uk

Link: teamsliveevent

Items
No. Item

1.

Minute pdf icon PDF 94 KB

Minute of Meeting of 20 November 2020 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 20 November 2020

 

              DECISION

              APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 56 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 November 2020 - 7 December 2020.

 

DECISION

NOTED.

 

3.

Annual Financial and Functions Report pdf icon PDF 103 KB

Consider report by the Clerk seeking approval of the Board’s Financial and Functions Reports for 2019/20 for publication .  (Copy attached.)

Additional documents:

Minutes:

3.0         SCOTTISH BORDERS LICENSING BOARD FUNCTIONS AND FINANCIAL REPORTS 2019/20

There had been circulated copies of a report by the Clerk to the Licensing Board to seek approval from the Board of the Annual Functions Report and Annual Financial Reports for 2019/20.  The Managing Solicitor (Property and Licensing), Mr Kirk advised Members that Licensing Boards were required to provide an Annual Functions Report which must include a statement explaining how the Board has had regard to the licensing objectives and its Policy Statement in the exercise of its functions in terms of Section 9A of the Licensing (Scotland) Act 2005 as well as a summary of decisions made by the Board and information on the number of licenses (including occasional licences) held in the Board’s area.  As a result of the Covid-19 outbreak, Schedule 5 Paragraph 4 of the Coronavirus (Scotland) Act 2020 extended the timeframe for the preparation and publishing of annual finance and functions reports and allowed Licensing Boards to prepare and publish their annual reports no later than 31 December 2020 due to the coronavirus pandemic.   Mr Kirk advised that the Annual Financial Report included a statement explaining how the Board has had regard to the licensing objectives and the Board’s Policy Statement in the exercise of its functions under the Act as well the amount of relevant income received by the Board; the amount of relevant expenditure incurred and an explanation on how the amounts in the statement were calculated.  Members were asked to note that the Board’s income would not be guaranteed in any financial year, expenditure would fluctuate and additional costs incurred in this financial year was due to additional work carried out by legal and licensing staff in reviewing the Board’s Statement of Gambling Principles as required by the Gambling Act 2005 and the requirement for renewal of Personal Licenses.  The Board’s income and expenditure would be kept under review on a regular basis.  The Clerk answered Members questions.

 

 

DECISION

(a)    APPROVED

 

(i)    the Annual Functions Report set out in Appendix 1 to the report

 

(ii)  The annual Financial Report set out in Appendix 2 to the report

 

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

 

4.

Licensing (Scotland) Act 2005:

5.

Section 20: Application for Premises Licence pdf icon PDF 258 KB

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

 

        Dean Mark Butchers                                           4 Chapel Street

                                                                      Eyemouth

                                                                       

       

            Ground floor retail shop premises situated just off Eyemouth Town Centre, comprising front shop area with refrigerated counter separating public from serving area.  Rear shop preparation area with cool room, storage areas etc, all accessed from rear enclosed yard.

 

        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:

                 (a)     Section 20:  Application for Premises Licence. Consider the    

                 following application for Provisional Grant of Premises Licence (applicant cited to attend). 

 

          (i)    Dean Mark Butchers                             4 Chapel Street

                                                                                                  Eyemouth

                                                                                                  (Provisional)

 

The premises are a ground floor retail shop situated just off Eyemouth Town Centre comprising front shop area with refrigerated counter separating public from serving area.  Rear shop preparation area with cool room, storage areas etc. accessed from enclosed rear yard.

 

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 application was to allow the Butcher to sell craft Beer and Wines.  Mr Tunnah further advised that the premises had been licensed with the previous owner.  There were no objections or representations.

 

The Convener welcomed Mrs Yvonne Sinclair to the meeting via Microsoft Teams.  Mrs Sinclair explained that the application was to allow a range of craft wines and beers which complimented the business and were not available elsewhere to be sold.  The business had diversified in recent months and now also offered a range of local cheese. In response to a question about protecting children, Mrs Sinclair explained that the alcohol was displayed behind the counter and could not be accessed by the public. 

 

DECISION

GRANTED.

 

6.

Section 29: Applications for Variation of Premises Licence pdf icon PDF 129 KB

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

 

(i)       Selkirk Conservative Club                                 Selkirk Conservative Club

                                                                                      Ettrick Terrace

                                                                                       Selkirk

                                                                                      TD7 4LE

 

      Amendments to Operating Plan:

 

  • Change core hours (On Sale) to terminate at 12.00midnight Sunday to Wednesday (Currently 11.00pm)
  • Change core hours (On Sale and Off Sale) to commence at 11.00am on Sunday (Currently 12.30pm)
  • At Section 5 listed activities change No to Yes in Columns 2, 3 and 4 for conference facilities, restaurant facilities, bar meals and films.  Change No to Yes in Column 4 for recorded music, live performance, dance facilities, films, indoor/outdoor sports and televised sport
  • Change the wording of explanation in relation to Yes at Column 4
  • Change the wording at 5(f) Other Activities
  • Change the times children and young persons permitted for certain activities

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

(ii)    Mohammed Meer                                              Saffron Restaurant

                                                                      68 High Street

                                                                      Innerleithen

 

      Amendments to Operating Plan:

  • Change on sale core hours: Monday to Sunday 11.00am - 12.00midnight (currently Monday to Sunday 4.00pm - 11.00pm)
  • Include off sale core hours: Monday to Sunday 10.00am - 10.00pm

(currently no off sale facility)

  • Change the wording at Question 5(f) to delete the final sentence stating there will be no off sale alcohol provision.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

Additional documents:

Minutes:

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

              applications for variation of Premises:

 

(i)            Selkirk Conservative Club                                     Selkirk Conservative Club                                                                         Ettrick Terrace

                                                                                  Selkirk                                                                                                                                     

Amendments to Operating Plan:

 

·         Change core hours (On Sale) to terminate at 12.00midnight Sunday to Wednesday (Currently 11.00pm)

·         Change core hours (On Sale and Off Sale) to commence at 11.00am on Sunday (Currently 12.30pm)

·         At Section 5 listed activities change No to Yes in Columns 2, 3 and 4 for conference facilities, restaurant facilities, bar meals and films.  Change No to Yes in Column 4 for recorded music, live performance, dance facilities, films, indoor/outdoor sports and televised sport

·         Change the wording of explanation in relation to Yes at Column 4

·         Change the wording at 5(f) Other Activities

·         Change the times children and young persons permitted for certain activities

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of an application for a variation of the premises licence together with the current and proposed operating plans.  Mr Tunnah, Licensing Standards and Enforcement Officer highlighted that the application was for a variation to the current Licence and was an opportunity to make various alterations, update the Licence and allow the Club to supply meals to their Members which was particularly important during the current situation depending on the level of restrictions at any one time.   There were no objections or representations.

 

The Convener welcomed Mr Scott who joined via Microsoft Teams. Mr Scott confirmed that the Club planned to offer meals to the Club Members to enhance what was on offer to its members.

 

DECISION

GRANTED.

MEMBERS

Councillor Tatler left the meeting.

 

(ii)        Mohammed Meer                           Saffron Restaurant

                                                                      68 High Street

                                                                      Innerleithen

 

Amendments to Operating Plan:

·         Change on sale core hours: Monday to Sunday 11.00am - 12.00midnight (currently Monday to Sunday 4.00pm - 11.00pm)

·         Include off sale core hours: Monday to Sunday 10.00am - 10.00pm

(currently no off sale facility)

·         Change the wording at Question 5(f) to delete the final sentence stating there will be no off sale alcohol provision.

 

Representations received:

Police Scotland - none.

    Licensing Standards Officer - none.

    Health - none.

       Other - none.

There had been circulated copies of an application for a variation of the premises licence together with the current and proposed operating plans. Mr Tunnah, Licensing Standards and Enforcement Officer explained that the application was to vary the core hours and permit off sales to enable the provision of alcohol with takeaway food which was within policy.  There were no objections or representations. Members sought clarification in terms of the sale of alcohol with takeaway after 10 p.m. and Mr Tunnah confirmed that alcohol could not be sold after 10 p.m. 

 

The Convener welcomed Mr Meer, who joined via Microsoft Teams. Mr Meer confirmed that due to his restaurant being closed he was selling takeaway and there was a small demand to purchase beer with the takeaway.

 

            DECISION

            GRANTED.

 

7.

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

 

4.0            Minute

The Private section of the Minute of 20 November 2020 was approved. 

 

 

 

8.

Minute

Private Section of Minute of meeting held on 20 November 2020 to be approved and sign by the Convener.  (Copy attached.)

9.

Any other items previously circulated

10.

Any other items which the Convener decides are Urgent

 

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Scottish Borders Council

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Tel: 0300 100 1800

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