Scottish Borders Council

Agenda and draft minutes

Venue: via Microsoft Teams

Contact: William Mohieddeen  Tel: 01835 826504; E-mail:  william.mohieddeen@scotborders.gov.uk

Link: Live stream link

Items
No. Item

1.

Minute pdf icon PDF 549 KB

Minute of Meeting held on 20 August 2021 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

There had been circulated copies of the Minute of the Meeting held on 20 August 2021.

DECISION

APPROVED the minute for signature by the Convener.

2.

Licences dealt with under Delegated Powers pdf icon PDF 390 KB

(i)            7 August – 16 September 2021 

(ii)           17 September – 14 October 2021

 

(Copy lists attached.)

Additional documents:

Minutes:

For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the periods 7 August – 16 September 2021 and 17 September – 14 October 2021.

 

DECISION

NOTED

3.

Chief Constable's Annual Report pdf icon PDF 1 MB

Consider report by Chief Constable, Police Scotland for the period 1 April 2020 - 31 March 2021.(Copy attached.)

Minutes:

There had been circulated copies of the Chief Constable – Police Service of Scotland report to the Licensing Board for the period 1 April 2020 to 31 March 2021 in accordance with Section 12(A) Licensing (Scotland) Act 2005.  The report summarised the work undertaken throughout this period.   The Scottish Borders Licensing Board area was policed by J Division and Chief Superintendent John McKenzie was the Local Police Commander who had responsibility for all day-to-day policing functions.  The Local Area Commander Chief Inspector Vincent Fisher was based at Galashiels and was responsible for performance management, community engagement, partnership working and the daily management of local personnel. Chief Inspector Fisher was supported by Inspector Jacqueline McGuigan who was also based at Galashiels. The Scottish Borders Licensing Boards were predominantly attended by Inspector McGuigan.  The report outlined the local policing priorities, description of Board area and information on the operation of the Licensing (Scotland) Act 2005.  In the Scottish Borders, there were 200 recorded incidents in licensed premises between 1 April 2020 and 31 March 2021, showing a major decrease from 341 recorded incidents in the previous period equating to a reduction of 41%. There continued to be a notable trend in thefts of alcohol from ‘off sales’ premises over the reporting year, which may be due to the impact that Covid-19 has had on society. Police Scotland carried out 696 recorded inspections of licensed premises in the Borders during the reporting year.  On Friday and Saturday evenings police officers are deployed on foot where other incidents permit, to aid with dispersal of licensed premises and reduce antisocial behaviour and violence related incidents between the hours of 2200-0400. The proactive use of exclusion orders and antisocial behaviour legislation continued to contribute to reducing repeat offending in licensed premises.  Police Scotland set up ‘Operation Talla’ in response to the Covid-19 pandemic, to ensure a consistent and measured approach being taken to implement restrictions throughout the country.  Lothian & Scottish Borders Licensing Department worked closely with Operation Talla, as well as Liquor & Civic Licensing Policy Unit to provide clear and consistent advice to operational officers, to enable them to support premises as they introduced special measures in their premises in response to restrictions.  The report also summarised the proposed activity for the year ahead which included the licensing officer to continue to work alongside partner agencies and LSO’s to provide pertinent advice and support to licence holders and their staff, Local Community Police Officers to undertake a dedicated night-time economy policing plan focussing on alcohol-related incidents, anti-social behaviour, violence, disorder and drugs misuse, and to engage with licensees to deliver any national campaigns including providing ‘bystander’ training to licence premise staff with a view to education to protect vulnerable persons within licensed premises and help tackle sexual violence connected to alcohol consumption.

 

DECISION

NOTED the report.

 

4.

Alcohol Profile Presentation pdf icon PDF 9 MB

Presentation by Susan Elliot of Alcohol & Drugs Partnership for Scottish Borders Area. (Copy attached)

Minutes:

There had been circulated copies of the Annual Alcohol Profile for 2021 and Susan Elliot of Alcohol & Drugs Partnership Support Team on behalf of the Scottish Borders Local Licensing Forum presented the findings, which had been impacted by the Covid-19 pandemic.  In February 2021, Public Health Scotland published findings from two studies commissioned to investigate the impact of Covid-19 pandemic and related restrictions on alcohol consumption in Scotland during its first few months.  The weekly alcohol sales data found that the pandemic and related restrictions were associated with a 6% reduction in total volume of pure alcohol sold per adult in Scotland.  There was a 28% increase per adult of off-trade sales however this did not fully replace the loss of on-trade sales as a consequence of lockdown restrictions.  There was evidence of stockpiling around the time on-trade premises were required to close across the UK however this should not be interpreted as large increases in total consumption.  The study also found a notable shift to later start times of drinking, and increased solitary drinking, impacting some sub-groups of the population more than others.  Despite the overall reduction in alcohol sales, weekly averages equated to 17.5 units per adult in Scotland, and 16.7 in England & Wales. This remained in excess of the UK Chief Medical Officers’ guideline of 14 units per week.  There were 446 licensed premises recorded in January 2021 compared to 450 in March 2019.  It was noted that of the 1009 recorded crimes of violence for the 2019-20 period, a total of 235 had the alcohol marker attached to the crime report and of that total 107 were in residential locations leaving 128 acts of violence in a public space where alcohol featured.  Health data showed a 49% reduction in alcohol-related attendances in emergency departments during 2020-21, which was as a direct result of the impact of the Covid-19 pandemic.  There was an increase in alcohol-related hospital stays for 2019-20 but this was lower than the Scottish average.  Similar to national trends over time, there was an increase in the rate of alcoholic liver disease in the Borders.  It was noted that new guidance developed by Alcohol Focus Scotland had been launched for Licensing Forums.  During discussion with Members, it was noted that alcohol-related deaths tended to be an outcome from long-term health effects related to alcohol and incidents including violence or deaths caused by drink-driving were not included in the alcohol specific death statistics.  Susan Elliot answered members’ questions and was thanked for the presentation.

 

DECISION

NOTED the presentation.

5.

Licensing (Scotland) Act 2005: pdf icon PDF 173 KB

Additional documents:

Minutes:

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

There had been received ten section 29 applications from Co-operative Group Food Limited and Mr Wynne explained that as many of the applications were requesting the same changes to the operating plan without objections they could be considered collectively.  Members considered applications (i) – (vi) which were requesting amendments to question 5(f) together, applications  (viii) to (x) which were requesting amendments to question 5(f) and background music together  and application vii) on its own as, , a letter of objection had been received.  The Chair confirmed with members that they had read the letter of objection received.

(i)      Co-operative Group Food Limited

        Co-op

        Station Yard

        Newtown St Boswells

        TD6 0PP

 

Amendment to question 5(f) (any other activities) of the operating plan to read:–

‘The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours. Home deliveries may be provided to customers. Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none 

 

(ii)     Co-operative Group Food Limited

        Co-op

        High Street

        Melrose

        TD6 9RU

 

                 Amendment to question 5(f) (any other activities) of the operating plan to read:–

                 ‘The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours. Home deliveries may be provided to customers. Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005’.

 

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none       

 

(iii)      Co-operative Group Food Limited

         Co-op

          Melrose Road

         Earlston

         TD4 6DL

                   

                 Amendment to question 5(f) (any other activities) of the operating plan to read:

                 ‘The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours. Home deliveries may be provided to customers. Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none       

 

(iv)         Co-operative Group Food Limited

            Co-op

            Peebles Road

            Innerleithen

            EH44 6QZ

           

Amendment to question 5(f) (any other activities) of the operating plan to read:–

‘The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours. Home deliveries may be provided to customers. Alcohol will only be delivered in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

          

(v)          Co-operative Group Food Limited

            Co-op

            34 High Street

            Coldstream

            TD12 4AS

       

  Amendment to question 5(f)  ...  view the full minutes text for item 5.

6.

Festive Season Extended Hours Policy pdf icon PDF 410 KB

Consider festive season policy on hours to be granted under delegated powers. (Copy attached.)           

Minutes:

6.1     There had been circulated copies of a briefing note which detailed proposed extensions for festive season opening hours.  Mr Wynne explained that most licenced premises include seasonal variations in the Operating Plans allowing a closing time up to 1.00am on Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day.  However the Festive season for 2021-22, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day were on Fridays and Saturdays with Boxing Day being on a Sunday.   In relation to Boxing Day, as in previous years, it was proposed to allow the premises who do not have this seasonal variation, to apply for an extension to their core hours up to the same terminal hour (1am) on this day and for those applications to be dealt with under delegated powers where no other objections or representations were received.  Where applications attract objections or representations, these would be referred to the Board for a decision as required by legislation.   In addition, it was proposed that the same policy be applied to events being catered for in unlicensed premises by way of Occasional Licences.

 

6.2       As in previous years and with regard to consistency, it was proposed that nightclub premises be allowed to apply for extensions to their existing hours on Boxing Day allowing them to trade to their usual core weekend hours. This preserved the normal weekend time differential between specific late night venues and other licensed premises.  Any extended hours applications for Boxing Day could be dealt with under delegated powers only where no objections or representations were received.  In a case of an application attracting objections or representations, it would be referred to the Board for a decision as required by legislation.  Any applications for a terminal hour other than for the days or late times stated above would be referred to the Board for a decision on their own individual merits.
DECISION
AGREED that:-

 

(a)          In relation to Boxing Day, premises who do not have the seasonal variation, be allowed to apply for an extension to their core hours up to the same terminal hour (1am) on this day;

 

(b)           that the same policy be applied to events being catered for in unlicensed premises by way of Occasional Licences;

 

(c)          Night Club premises be allowed to apply for extensions to their existing hours on Boxing Day allowing them to trade to their usual core weekend hours;

 

(d)          Authority to grant the above Licence be delegated to Licensing Officers; and 

 

(e)          Any applications for a terminal hour other than for the days or late times stated above would be referred to the Board for a decision on their own individual merits.

 

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:

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.

 

8.

Licensing Scotland Act 2005: Section 84 - Review of Personal Licence - Conduct Inconsistent with the Licensing Objectives

Consider letter received from Police Scotland.  (Copy attached and applicant cited to attend.)

Minutes:

The Board considered a report for revocation of Personal Licence on the grounds that the licence holder’s conduct was inconsistent with licensing objectives.

9.

Minute

Private Minute of Meeting held on 20 August 2021 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

The Board considered the Private Minute of the Meeting held on 20 August 2021.

 

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Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

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