Agenda and minutes

Minute of Meeting of 21 October 2022 for approval.  (Copy attached.)

MINUTE

          There had been circulated copies of the Minute of the Meeting held on 21 October 2022. 

DECISION

APPROVED the minute for signature by the Convener.

(Copy attached.)

2.0      LICENCES 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 7 October - 8 November 2022.

DECISION

NOTED.

Consider report by the Clerk seeking approval of the Board’s Financial and Functions Reports for 2021/22 for publication. (Copy attached.)

ANNUAL FINANCIAL AND FUNCTIONS REPORT

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 2021/22 contained in Appendices 1 and 2 of the report.  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. Mr Kirk further advised that as a result of the Covid-19 outbreak, Schedule 5 paragraph 4 of the Coronavirus (Scotland) Act 2020 timeframes for the preparation and publishing of annual finance and functions reports had been extended to allow Licensing Boards to prepare and publish their annual reports no later than 31 December 2022 due to the coronavirus pandemic.  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.  Covid-19 had impacted on the revenue of the Board, which was reflected in the number of Occasional licenses granted being significantly lower than previous years.

DECISION

(a)        APPROVED:-

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

(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.

Section 29:  Application for Variation of Premises Licence. Consider the following application for Variation of Premises Licence (applicants cited to attend.)  (Copies attached)

(a)     Partnership of George &                            Fleet Bar

Mairi Maltman                                              4 Masons Wynd

                                                                      Eyemouth

                                                                      TD14 5HG

          Amendments to licence and operating plan, which include the following :-

·            a change to the core On Sale Hours –

          Current On Sale Hours                              Proposed On Sale Hours

          12.30pm – 11.30pm Sun                           11.00am – 12 midnight Sun to Wed

          11.00am – 12 midnight Mon to Thurs       11.00am – 1.00am Thurs, Fri & Sat

          11.00am – 1.00am Fri & Sat

·            a change to the core Off Sale Hours –

          Current Off Sale Hours                              Proposed Off Sale Hours

          12.30pm – 10.00pm Sun                           10.00am – 10.00pm Sun to Sat

          11.00am – 10.00pm Mon to Sat

·            the addition of a seasonal variation at question 4 to read ‘Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day open until 1.00am or within any other Licensing Board Policy’;

·            the addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include conference facilities, both within and outwith core hours;

·            the addition to the permitted activities referred to in question 5 (column 4) of the Operating Plan, to include receptions (including weddings, funerals, birthdays, retirements etc); club or other group meetings; recorded music; live performance; dance facilities; indoor/outdoor sports and televised sport, outwith core hours; and

·            the addition of the terms/explanation at question 5(e) of the Operating Plan relating to the list of permitted activities (as to ‘Yes’ in column 4).

           Representations received:

   Police Scotland - none

   Licensing Standards Officer - none

   Health - none

   Other - none                                                 

LICENSING (SCOTLAND) ACT 2005:

4.1     Section 29: Application for a Variation of Premises Licence

Considered the following applications for Variation of Premises Licence:

          Partnership of George and Mairi Maltman                             Fleet Bar

                                                                                                4 Masons Wynd

                                                                                                EYEMOUTH

TD14 5HG

Amendments to licence and operating plan, which include the following :-

·                a change to the core On Sale Hours –

          Current On Sale Hours                              Proposed On Sale Hours

          12.30pm – 11.30pm Sun                           11.00am – 12 midnight Sun to Wed

          11.00am – 12 midnight Mon to Thurs       11.00am – 1.00am Thurs, Fri & Sat

          11.00am – 1.00am Fri & Sat

·                a change to the core Off Sale Hours –

          Current Off Sale Hours                              Proposed Off Sale Hours

          12.30pm – 10.00pm Sun                           10.00am – 10.00pm Sun to Sat

          11.00am – 10.00pm Mon to Sat

·                  the addition of a seasonal variation at question 4 to read ‘Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day open until 1.00am or within any other Licensing Board Policy’;

·                the addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include conference facilities, both within and outwith core hours;

·                the addition to the permitted activities referred to in question 5 (column 4) of the Operating Plan, to include receptions (including weddings, funerals, birthdays, retirements etc); club or other group meetings; recorded music; live performance; dance facilities; indoor/outdoor sports and televised sport, outwith core hours; and

·                the addition of the terms/explanation at question 5(e) of the Operating Plan relating to the list of permitted activities (as to ‘Yes’ in column 4).

 Representations received:

 Police Scotland - none

 Licensing Standards Officer - none

 Health - none

 Other - none                                                 

There had been circulated copies of applications for the variation of premises licence together with current and proposed Operating Plan.  Mr Wynne explained that the Applicants who were unable to attend, had apologised for their non attendance and were content for the application to be considered in their absence.  Mr Wynne went on to explain that the variation was to bring the operating plan up to date.  The variations were within policy and no objections had been received. Police Scotland had no comments.

DECISION

AGREED TO GRANT.