Agenda and minutes

Minute of Meeting of 24 February 2023 to be approved and signed by the Convener. (Copy attached.)

MINUTE

          There had been circulated copies of the Minute of the Meeting held on 24 February 2023. 

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 13 February 2023 – 19 March 2023.

DECISION

NOTED.

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

Durty Brewing Limited                                             Durty Brewing

                                                                     4 Traquair Road

                                                                                    Innerleithen

                                                                                    EH44 6PD

                                                                                    (Provisional)

The premises is an existing ground floor commercial/retail/industrial building and the proposal is to create a new craft brewery and taproom to show case beers produced on site. The front of the building will form the primary public taproom space, including the bar area and toilet facilities.

A smaller second public area is intended for small events, private hires, private tasting sessions etc. The rear of the building houses the brewing equipment. There is a private outside space around the rear and the side of the building, which is enclosed by walls and fences and is accessed from the side and front of the building. The proposal being to sell alcohol on an On and Off-Sale basis.

        Licensed hours applied for:

        ON SALE                                                         OFF SALE

        Sun to Sat 11.00am to 10.00pm                      Sun to Sat 10.00am to 10.00pm

        Representations received:

Police Scotland - none.

Licensing Standards Enforcement Officer - none.

Health - none.

Other - none.

Section 20: Application for Grant/ Provisional Grant of Premises Licence

Consider the following application for Grant of Premises Licence

Durty Brewing Limited                                             Durty Brewing

                                                                     4 Traquair Road

                                                                                    Innerleithen

                                                                                    EH44 6PD

                                                                                    (Provisional)

The Clerk advised that due to the submission of an objection, the matter would be deferred to the next meeting.

DECISION

NOTED that the application had been deferred to the next meeting.

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

          Park Resorts Limited                                        Eyemouth Holiday Park

                                                                      (Driftwood Bar)

                                                                      Fort Road

                                                                      Eyemouth

                                                                       TD14 5BE

          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 – 12 midnight 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 "In accordance with Board Policy, Christmas Eve, Christmas Day, Boxing Day, New Year's Eve and New Year's Day until 1.00am. Also to include any other extensions as provided by the 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 and theatre, 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;

·     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); and

·    amend the wording of the children and young persons access at question 6. 

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

LICENSING (SCOTLAND) ACT 2005:

4.1     Section 29: Application for Variation of Premises Licence (Pages 27 - 44)

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

          Park Resorts Limited                                         Eyemouth Holiday Park

                                                                      (Driftwood Bar)

                                                                      Fort Road

                                                                      Eyemouth

                                                                      TD14 5BE

          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 – 12 midnight 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 "In accordance with Board Policy, Christmas Eve, Christmas Day, Boxing Day, New Year's Eve and New Year's Day until 1.00am. Also to include any other extensions as provided by the 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 and theatre, 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;

·     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); and

·    amend the wording of the children and young persons access at question 6. 

        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 Premises Licence together with the current operating plan and proposed operating plan.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the application referred to the Driftwood Bar within the Eyemouth Holiday Park and the application was to bring their operating plan up to date, as detailed above.  Mr Wynne referred specifically to the wording regarding children and young persons at question 6, and to the amendment to ensure that access and times referred to supervised children and Young Persons that were staying at the Holiday Park or were attending an event or dining.  

The Convener welcomed, Chloe Crawford, Legal Representative; Damon Gaunt, Complex Manager and Andrew Kemp, Licensing Manager to the meeting.  Miss Crawford explained that the premises had been licensed for some time and the proposed alterations were to update the operating plan to allow Breakfast Service, with no alcohol, within the Bar Area, extending the hours, activities, seasonal alterations and to amend the wording in connection to children and young persons.

DECISION

AGREED to Grant.

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

5.0       Section 84A - Review of Personal Licence

The Licensing Board noted that as the Licence Holders Legal representative was not available, the matter would be deferred to the next meeting.

6.0       MINUTE

The Board considered the Private Minute of the Meeting held on 24 February 2023.

Consideration of an application for review of Personal Licence following reports of conduct inconsistent with licensing objectives received from Police Scotland :-

(i)    letter from Police Scotland dated 19/01/2023; and

(ii)   letter from Police Scotland dated 17/03/2023.

(Licenceholder cited to attend.) (Copies attached.)

Private Section of Minute of meeting of 24 February 2023 for approval  (Copy attached.)