Scottish Borders Council

Agenda and draft minutes

Venue: Committee Rooms 2 and 3, Council Headquarters, Newtown St Boswells

Contact: Eileen Graham Tele: 01835 826585  E-mail:  eegraham@scotborders.gov.uk

Items
No. Item

1.

Minute pdf icon PDF 86 KB

Minute of Meeting held on 21 June 2019 to be approved and signed by the Convener.  (Copy attached).

Minutes:

The Minute of Meeting of 21 June 2019 had been circulated.

 

DECISION

APPROVED.

 

2.

Licences dealt with under Delegated Powers pdf icon PDF 99 KB

(Copies attached).

Minutes:

For Members’ information there had been circulated copies of a list of licences dealt with under delegated powers for the period 12 June 2019 to 8 July 2019. 

 

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 2018 - 31 March 2019. (Copy attached).

 

Minutes:

There had been circulated copies of a report by the Chief Constable – Police Service of Scotland, Mr Iain Livingstone for the period 1 April 2018 to 31 March 2019 in accordance with Section 12(A) Licensing (Scotland) Act 2005.  The report summarised the work undertaken throughout this period which included the introduction of the Minimum Unit Pricing of Alcohol in Scotland and the work that would be undertaken through the Evaluation Advisory Group to assess the impact of this legislation.  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 Stuart Reid, supported by Jackie McGuigan, were based at Galashiels and were responsible for performance management, community engagement, partnership working and the daily management of local personnel.  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 345 recorded incidents in licensed premises between this period which was an increase of 113 on the previous year.  The ongoing joint Police Council initiative on the prevention of the sale or supply of alcohol to children and young people by advertising on the local SBC website and posters at larger events.  The crackdown of fake driving licences by visits to local premises and the tackling of serious and organised crime.  The report also summarised the proposed activity for the year ahead which included underage drinking in the Borders.  Chief Inspector Reid advised that the report fully acknowledged the many active local partnerships that provided continued support, to enable Police Scotland and partners to drive improvement in licensing.

 

DECISION

NOTED.

 

4.

Statement of Gambling Principles 2019 - 2022 pdf icon PDF 130 KB

Consider report by the Clerk.  (Copy attached).

 

Additional documents:

Minutes:

With reference to paragraph 3 of Minute of 22 March 2019, there had been circulated copies of a report by the Clerk to the Licensing Board to advise Members of the responses received to the recent consultation on the draft Statement of Principles in terms of the Gambling Act 2005 for the period 31 January 2019 to 30 January 2022.  The report set out the proposed way forward which required licensing authorities to publish a Statement of Principles proposed to be applied by the Board in exercising its functions under the Act, for a three year period.  Following consultation on the draft Statement, eight responses were received and these were detailed in the copy of the consultation which appeared at Appendix 1 to the report.  The Managing Solicitor reported that taking the responses into account, the points raised were either already contained within the Board’s draft Statement or were outwith the Board’s control and therefore it was considered that no changes were required to the draft Statement of Principles which appeared at Appendix 2 to the report.  The Board agreed to approve and adopt the report.

 

DECISION:

 

(a)          APPROVED the draft Statement of Principles and adopt it as the Statement of Principles for the period 31 January 2019 to 30 January 2022; and

 

(b)          INSTRUCTED the Clerk to the Licensing Board to take all the necessary steps to publish the statement

 

5.

Licensing (Scotland) Act 2005: pdf icon PDF 2 MB

(i)    Section 20:  Application for Premises Licence. Consider the following application for Provisional Grant of Premises Licence (applicant cited to attend).  (Copies attached).

 

(a)     Kelso Gin Company                              Harestanes Tower

                                                                       Harestanes, Ancrum

                                                                       Jedburgh

                                                                       (Provisional)

        Licensed hours applied for:

On Sale                                                            Off Sale

        None                                                                 Sunday to Saturday 10.00am – 10.00pm        

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

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

 

        (a)     Jedburgh Golf Club                                 Jedburgh Golf Club

                                                                          Dunion Road

                                                                          Jedburgh

                                                                                     

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

 

·     change to core On Sale Hours:

                   Current On Sale Hours                              Proposed On Sale Hours

                   12.00noon – 11.00pm Sun                        11.00am – 12.00midnight Sun to Wed

                   11.00am – 11.00pm Mon to Thurs            11.00am – 1.00am Thurs, Fri & Sat

                   11.00am – 1.00am Fri & Sat

 

·     change to core Off Sale Hours:

                   Current Off Sale Hours                             Proposed Off Sale Hours

                   12.30pm – 10.00pm Sun                           11.00am – 10.00pm Sun to Sat

                   11.00am – 10.00pm Mon to Sat                                  

 

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

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

·     addition to permitted activities referred to in question 5 (column 4) of the Operating Plan, to include bar meals, receptions (including weddings, funerals, birthdays, retirements etc), recorded music, live performance and televised sport, outwith core hours;

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

·     change terms/explanation at question 5(f) of the Operating Plan relating to any other activities.

 

     Representations received:

     Police Scotland - none.

     Licensing Standards Officer - none.

     Health - none.

     Other - none.

 

        (b)     Mansefield Pubs (LIC) Ltd                      1905 (former Red Lion)

                                                                          Crawford Street

                                                                          Kelso

                                                                                     

            Amendments to premises licence, operating plan and layout plan, to include the following:

 

·     change to the core On Sale Hours:

                      Current On Sale Hours                              Proposed On Sale Hours

                      11.00am – 12.00midnight Mon to Thurs    11.00am – 12.00midnight Sun to Wed

                      11.00am - 1.00am Fri & Sat                      11.00am - 1.00am Thurs to Sat

                      12.00noon – 12.00midnight Sun

 

·     change to the core Off Sale Hours:

                      Current Off Sale Hours                             Proposed Off Sale Hours

                      11.00am - 10.00pm Mon to Sat                 11.00am - 10.00pm Sun to Sat

                      12.00noon - 10.00pm Sun                                           

 

·     addition of the following wording to the current seasonal variation - ‘In addition, any other general or occasional extension allowed in respect of the Board’s Policy’;

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

·     addition to permitted activities referred to in question 5 (column 4) of  ...  view the full agenda text for item 5.

Additional documents:

Minutes:

(i)    Section 20:  Application for Premises Licence. Consider the following application for Provisional Grant of Premises Licence

 

(a)     Kelso Gin Company                                 Harestanes Tower

                                                                          Harestanes, Ancrum

                                                                          Jedburgh

                                                                          (Provisional)

        Licensed hours applied for:

On Sale                                                            Off Sale

        None                                                                 Sunday to Saturday 10.00am – 10.00pm

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of an application for provisional premises licence, together with the operating plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to accommodate for the remote sale of alcohol dictated and dispatched from a licensed premises.  To operate as a distribution point for online and telephone orders of predominantly own label gin based products with direct sales to the public accommodated at the premises on occasions.  The premises were a small ground floor single room unit housing a micro distillery producing gin in various flavours and adjoined the Harestanes Visitor Centre.  The Convener welcomed the applicant Mr Oliver Drake and representative Mr Andrew Crowe who advised that Kelso Gin was a small company and they looked for the company to move forward and grow organically.  Members welcomed this additional venture to the local area and wished the company every success.

 

DECISION

GRANTED.

 

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

 

        (a)     Jedburgh Golf Club                                 Jedburgh Golf Club

                                                                          Dunion Road

                                                                          Jedburgh

                                                                                     

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

 

·     change to core On Sale Hours:

                   Current On Sale Hours                              Proposed On Sale Hours

                   12.00noon – 11.00pm Sun                        11.00am – 12.00midnight Sun to Wed

                   11.00am – 11.00pm Mon to Thurs            11.00am – 1.00am Thurs, Fri & Sat

                   11.00am – 1.00am Fri & Sat

 

·     change to core Off Sale Hours:

                   Current Off Sale Hours                             Proposed Off Sale Hours

                   12.30pm – 10.00pm Sun                           11.00am – 10.00pm Sun to Sat

                   11.00am – 10.00pm Mon to Sat                                  

 

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

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

·     addition to permitted activities referred to in question 5 (column 4) of the Operating Plan, to include bar meals, receptions (including weddings, funerals, birthdays, retirements etc), recorded music, live performance and televised sport, outwith core hours;

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

·     change terms/explanation at question 5(f) of the Operating Plan relating to any other activities.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of an application for provisional premises licence, together with the current and amended operating plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that  ...  view the full minutes text for item 5.

6.

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:

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.”

 

7.

Minute

Consider private Section of Minute of Meeting held on 21 June 2019 to be approved and signed by the Convener.  (Copy attached).

 

Minutes:

The private Minute of Meeting of 21 June 2019 had been circulated.

 

DECISION

APPROVED.

 

8.

Licensing Scotland Act 2005: Section 72 - Applications for Grant/Renewal of Personal Licence

 

(i)       Hearing to consider Grant application following confirmation from Police Scotland of conviction for a relevant offence – H Rowe.  (Copy application and Police Scotland notification attached).

 

(ii)      Hearing to consider Renewal application following confirmation from Police Scotland of conviction for a relevant offence – P Allan.  (Copy application and Police Scotland notification attached).

 

Minutes:

(i)         The Board agreed that the application for a Personal Licence submitted by H. Rowe be deferred to the next meeting.

 

(ii)        The Board granted an application for a Personal Licence submitted by P. Allan.

 

9.

Urgent Business

Minutes:

The Committee considered an urgent item of private business.

 

 

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