Scottish Borders Council

Agenda and minutes

Venue: Via Microsoft Teams

Contact: Fiona Henderson Tel: 01835 826502  E-Mail:

Link: teamsliveevent

No. Item


Minute pdf icon PDF 67 KB

Minute of Meeting held on 22 January 2021 to be approved and signed by the Chairman.  (Copy attached.)


1.            Minute

The Minute of the Meeting of 22 January 2021 had been circulated.



APPROVED and signed by the Chairman.



Licences issued under Delegated Powers pdf icon PDF 54 KB

(Copy attached.)



There had been circulated copies of the Civic Government and Miscellaneous Licences issued under delegated powers between 1 January 2021 – 9 February 2021.






Licensing of Street Traders pdf icon PDF 2 MB

Hearing to consider application for Grant of Street Trader Licence in respect of Tweedvalley Foods Ltd, Shed C, Traquair Road, Innerleithen.  (Copy papers attached.)


Additional documents:



There had been circulated copies of an application for the grant of a Street Traders Licence in respect of Tweedvalley Foods Ltd operating from Traquair Road, Innerleithen together with letters of objection and Street Trader Conditions.


3.1       Mr Bain, Applicant and those objectors who had indicated that they wished to attend the meeting were present via Microsoft Teams and the Clerk confirmed that they were aware of the procedure for the meeting.


3.2       The Licensing Standards and Enforcement Officer, Mr. Wynne provided an overview of the application.  He advised that whilst a large catering van was currently stored on the site location, a much small catering unit (the size of an ice cream van) was to be used in relation to the street trader activity applied for.  Mr Wynne summarised the objections which had been received which included noise, smell, increased traffic, litter and the potential for an increase in crime.    


3.3       Police Scotland had no comments to make on the application.  In response to objectors raising the matter of potential increase of criminal activity, the Police advised that in the past 6 months there had been 2 break-ins in Innerleithen but nothing of significance.


3.4       On being invited to address the Committee, Mr Bain explained that he had been approached by locals to relieve the congestion on the High Street from bikes being left outside cafes etc.  His intention was to open a facility for Mountain bikers and families with bikes to purchase takeaway food.  He proposed to create a seating area with benches and an overflow car park where there would be bins and the area would be cleared of rubbish every day.


3.5       The Chairman referred to the written objections circulated prior to the meeting and Members confirmed that each one had been considered individually.  The Committee then heard from those objectors present at the meeting via Microsoft teams;-


Norman Cunningham advised that the majority of points raised in his objection had been addressed by the changes made by the Applicant.  Mr Cunningham felt that should the licence be granted, it would be the community who would have to monitor that the conditions were being adhered to.  Mr Cunningham was doubtful that the overflow car park would be utilised as the charge was £3/£4 and it tended to be very muddy.  Mr Cunningham went onto advise that the non-provision of toilets was a concern as CCTV footage in the town had revealed persons relieving themselves in the Co-op car park and other locations.  There was also concern about an increase in anti-social behaviour as the hours applied for terminated at 10 p.m.


Simon Rutherford had raised concerns about the site overlooking the residential properties on Traquair Road.  He felt that the hours (7a.m. – 10 p.m.) were excessive and queried how many days and on what days of the week the van would be operating.  Mr Rutherford was also concerned about the non-provision of toilets and raised concerns about the  ...  view the full minutes text for item 3.


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 exclude 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.”


3.            Private BUSINESS


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 they involved the likely disclosure of exempt information as defined in paragraph 14  of part 1 of Schedule 7A to the Act.





1.0       Minute

The Private section of the Minute of 22 January 2021 was approved. 




Private section of Minute of Meeting held on 22 January 2021 to be approved and signed by the Chairman.  (Copy attached.)



Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800


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