Agenda and minutes

Minute of Meeting of 18 November 2022 for approval.  (Copy attached.)

          MINUTE

          There had been circulated copies of the Minute of the Meeting held on 18 November 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 2 November - 2 December 2022.

DECISION

NOTED.

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

(i)         Lidl Great Britain Ltd                                 Lidl Supermarket

                                                                                    Tweedbank Industrial Estate

                                                                                    Tweedbank Drive

                                                                                    Tweedbank

                                                                                    TD1 3RS

                                                                                    (Provisional)

Proposed business activity - The premises will trade as a Lidl Supermarket within a new section of the Tweedbank Industrial Estate, off Tweedbank Drive at the Melrose roundabout. The Lidl premises will provide / offer for sale alcohol together with general groceries; meat; poultry; dairy; fresh fruit and vegetables; and frozen and chilled goods and other seasonal goods, household products and newspapers. The premises will offer a service to the local and wider area. The proposal is to sell alcohol on an Off Sale basis only.

        Licensed hours applied for:

        ON SALE                                                         OFF SALE

        N/A                                                                   Sun to Sat 10.00am – 10.00pm

        Representations received:

Police Scotland - none.

Licensing Standards Enforcement Officer - none.

Health - none.

Other - none.

(ii)       Runningburn Premier Events Venue       Runningburn Premier Events

                                                                                    Runningburn Farm

                                                                                    Stichill, Kelso

                                                                                    TD5 7TE

                                                                                    (Provisional)

         Proposed business activity - The premises are a detached purpose built modern barn/events venue set within a rural setting. The premises consists of an entrance porch, function room, stage area, cloakrooms, toilets, storeroom, bar area, kitchen and office. There is also a small lawn area to the front and rear. The proposal is to sell alcohol on an On and Off Sale basis.

        Licensed hours applied for:

        ON SALE                                                         OFF SALE

        Sun to Wed 11.00am – 12.00midnight            Sun to Sat 10.00am – 10.00pm

        Thurs to Sat 11.00am – 1.00am

        Representations received:

Police Scotland - none.

Licensing Standards Enforcement Officer - none.

Health - none.

Other - none.

Section 20: Application for Premises Licence

Consider the following applications for Grant/Provisional Grant of Premises Licence

            (i)         Lidl Great Britain Ltd                                 Lidl Supermarket

                                                                                Tweedbank Industrial Estate

                                                                                Tweedbank Drive

                                                                                Tweedbank

                                                                                TD1 3RS

                                                                                (Provisional)

Amendments to Operating Plan to include the following:-

·    Q.5(c) - the removal of gaming as a permitted activity.

·    Q.5(c) - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include outdoor drinking facilities as an activity during and out with core hours (for enclosed beer garden area).

·    Q.5 (f) any other activities – The addition of deliveries and takeaways (which may include alcohol, with food).

·    Q.6 – Amend the wording of the children and young person’s access to read the following: -

6(b) - children and young person’s will be allowed access to the premises provided they are accompanied by a responsible adult who is there for the purpose of consuming a meal or attending a pre-arranged private function; and

6(d) - permit children and young person’s access until 10pm Sunday to Saturday (currently 10pm Sunday to Thursday and 9pm Friday and Saturday).

Representations received

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

There had been circulated copies of an application for the grant of a premises license together with proposed Operating Plan, proposed layout plan and provisional site location plan.  Mr Wynne explained that the variations were within policy and no objections had been received. Police Scotland had no comments.

The Convener welcomed Mr Andrew Hunter, Agent and Emma Black, Lidl Supermarket to the meeting via Microsoft Teams.  Mr Hunter explained that the Lidl store would be located within Tweedbank and alcohol sales would represent 5.4% of regular trading with a small increase during the Festive Season to 6.4%.  A number of letters of support had been received from residents and the Community Council.

DECISION

AGREED TO GRANT.

(ii)       Runningburn Premier Events Venue         Runningburn Premier Events

                                                                               Runningburn Farm

                                                                               Stichill, Kelso

                                                                               D5 7TE

                                                                               (Provisional)

Proposed business activity - The premises were a detached purpose built modern barn/events venue set within a rural setting. The premises consisted of an entrance porch, function room, stage area, cloakrooms, toilets, storeroom, bar area, kitchen and office. There was also a small lawn area to the front and rear. The proposal was to sell alcohol on an On and Off Sale basis.

 Licensed hours applied for:

ON SALE                                                         OFF SALE

Sun to Wed 11.00am – 12.00midnight            Sun to Sat 10.00am – 10.00pm

Thurs to Sat 11.00am – 1.00am

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 premises license together with proposed Operating Plan, layout plan and site plan.  Mr Wynne explained that the Events Manager was very experienced in running events and had previously organised the Highland Show and Border Union Show.  The premises had previously operated with Occasional Licences without concerns.  ...  view the full minutes text for item 4.

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

(i)             GalkotGhumti Ltd /                                   The Braw Bear

The Braw Bear Ltd                                      112 High Street

                                                                      Galashiels

                                                                      TD1 1SQ

                                                                      (To be known as the ‘1953

                                                                      Bar & Restaurant’)

        Amendments to Operating Plan to include the following:-

·       Q.5(c) - the removal of gaming as a permitted activity.

·       Q.5(c) - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include outdoor drinking facilities as an activity during and out with core hours (for enclosed beer garden area).

·       Q.5 (f) any other activities – The addition of deliveries and takeaways (which may include alcohol, with food).

·       Q.6 – Amend the wording of the children and young person’s access to read the following: -

6(b) - children and young person’s will be allowed access to the premises provided they are accompanied by a responsible adult who is there for the purpose of consuming a meal or attending a pre-arranged private function; and

6(d) - permit children and young person’s access until 10pm Sunday to Saturday (currently 10pm Sunday to Thursday and 9pm Friday and Saturday).

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

(ii)           Lodge St James BURA No. 424               Lodge St James BURA No. 424

                                                                      8 Union Street

                                                                      Hawick

                                                                      TD9 9LF

        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 – 8.00pm Sun                                 11.00am – 12 mid Sun to Wed

           6.00pm – 11.00pm Mon & Wed                    11.00am – 1.00am Thurs, Fri & Sat

           6.00pm to 12 midnight Tues, Thurs & Fri

           11.00am – 12 midnight Sat

·    a change to the core Off Sale Hours –

·         amend the 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; theatre; films; indoor/outdoor sports and televised sport both within and outwith core hours;

·         the addition to the permitted activities referred to in question 5 (columns 2 & 3) of the Operating Plan, to include gaming, within 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 and dance facilities, 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

Section 29: Application for a Variation of Premises Licence

Considered the following applications for Variation of Premises Licence:

  (i)       GalkotGhumti Ltd /                                  The Braw Bear

 The Braw Bear Ltd                                    112 High Street

                                                               Galashiels

                                                               TD1 1SQ

                                                               (To be known as the 1953

                                                                      Bar & Restaurant’)

Amendments to Operating Plan to include the following:-

·     Q.5(c) - the removal of gaming as a permitted activity.

·     Q.5(c) - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include outdoor drinking facilities as an activity during and out with core hours (for enclosed beer garden area).

·     Q.5 (f) any other activities – The addition of deliveries and takeaways (which may include alcohol, with food).

·     Q.6 – Amend the wording of the children and young person’s access to read the following: -

6(b) - children and young person’s will be allowed access to the premises provided they are accompanied by a responsible adult who is there for the purpose of consuming a meal or attending a pre-arranged private function; and

6(d) - permit children and young person’s access until 10pm Sunday to Saturday (currently 10pm Sunday to Thursday and 9pm Friday and Saturday).

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

There had been circulated copies of an application for the variation of a premises license together with proposed Operating Plan and current operating plan.  Mr Wynne explained that the premises wished to include an outside area and update their operating plan.  The applicant was an experienced license holder and owned other licensed premises.   The application was within policy and no objections had been received. Police Scotland had no comments.

The Convener welcomed Mr MacDonald, Agent to the meeting via Microsoft Teams who reiterated the reasons for the application as outlined by Mr Wynne.

DECISION

AGREED TO GRANT.

(ii)       Lodge St James BURA No. 424                            Lodge St James BURA No. 424

                                                                            8 Union Street

                                                                            Hawick

                                                                            TD9 9LF

            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 – 8.00pm Sun                                 11.00am – 12 mid Sun to Wed

           6.00pm – 11.00pm Mon & Wed                    11.00am – 1.00am Thurs, Fri & Sat

           6.00pm to 12 midnight Tues, Thurs & Fri

           11.00am – 12 midnight Sat

·   a change to the core Off Sale Hours –

 ·   amend the 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; theatre; films; indoor/outdoor sports and televised sport both within and outwith core hours;

·      the addition to the permitted activities referred to in question 5 (columns 2 & 3) of the Operating Plan, to include gaming, within core hours;

·      the addition to the permitted activities referred to in  ...  view the full minutes text for item 5.

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

            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.

Summary of Private Business

5.         LICENSING SCOTLAND ACT 2005:

            Section 36(4): Application for Review of Premises Licence

The Board considered a request from Mr Wynne, Licensing Standards and Enforcement Officer to review a premises licences under Terms of Section 14 of the Licensing Scotland Act 2005.  After consideration the Committee agreed action to be taken.

Section 36(4): Application for Review of Premises Licence. Consider application submitted by the Licensing Standards & Enforcement Officer (licenceholder cited to attend.) (Copy attached.)