Agenda and minutes

Minute of Meeting of 21 February 2020 to be approved and signed by the Convener.  (Copy attached.)

CONVENER

The Convener opened the meeting and welcomed Members of the Licensing Board and members of the public to Scottish Borders Licensing Board’s open on-line meeting.  He explained the meeting was being held remotely in order to adhere to guidance on public meetings and social distancing currently in place due to the Covic-19 pandemic.

1.       Minute

The Minute of Meeting of 21 February 2020 had been circulated.

          DECISION

          APPROVED.

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

Paolo Crolla                                                                 Paolo’s Italian

                                                                      11 Market Street

                                                                      Galashiels

                                                                                       (Provisional)

Proposed business activity - Ground floor deli/restaurant premises in town centre location.  Alcohol will be generally but not exclusively sold to accompany meals and snacks for consumption on the premises.

Licensed hours applied for:

On Sale                                                                         Off Sale

                                                                                      Mon to Wed 11.00am to midnight    Mon to Sun 10.00am – 10.00pm

Thurs to Sat 11.00am – 1.00am

Sun – 11.00am to midnight

Representations received:

Police Scotland - attached.

Licensing Standards Officer - none

Health - none.

Other - none.

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

Paolo Crolla                                                                 Paolo’s Italian

                                                                                                11 Market Street

                                                                                                Galashiels                                         (Provisional)

Proposed business activity - Ground floor deli/restaurant premises in town centre location.  Alcohol will be generally but not exclusively sold to accompany meals and snacks for consumption on the premises.

Licensed hours applied for:

On Sale                                                                         Off Sale

Thurs to Sat 11.00am – 1.00am                                   Mon to Wed 11.00am to midnight   

Mon to Sun 10.00am – 10.00pm

          Representations received:

          Police Scotland – yes

          Licensing Standards Officer – none

          Health – none

          Other - none

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan and letter of representation from Police Scotland dated 18 March 2020.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the applicant already operated a successful business within the Town and these premises were to operate as a café/restaurant with alcohol served mainly by table service and mainly but not exclusively ancillary to food.  A carry out food service may also be offered.  Mr Wynne further advised that the application was within policy and no objections had been received.  There was a letter of representation dated 18 March 2020 from Police Scotland in terms of a previous conviction under the Civic Government (Scotland) Act 1982 section 7 in May 2017 which Mr Crolla had not disclosed.  The Convener welcomed Mr Crolla, Applicant who joined via Microsoft Teams.    Mr Crolla explained that he had not declared the conviction as it was part of his record and as such did not realise it would have to be completed on the application and he apologised for this error.  Following discussion, Members unanimously agreed to grant the Licence.

DECISION

GRANTED.

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

(i)       Co-operative Group Food Limited                                         Newtown Street

                                                                                                             Duns

·           Change trading name of the premises to Co-op.

        Amendment to Operating Plan:

·           Change current wording at question 5(f) to read:

The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provision of the Licensing (Scotland) Act 2005;

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

(ii)     Co-operative Group Food Limited                                         30 – 40 Dixons Yard

                                                                                                            Eyemouth

·           Change trading name of the premises to Co-op.

        Amendments to Operating Plan:

·           Include provision of recorded music outwith core hours and amend explanation to read:

   Recorded background music may be played within and outwith core hours;

·           Change current wording at question 5(f) to read:

The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provision of the Licensing (Scotland) Act 2005;

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

(b)   Section 29:  Application for Variation of Premises Licence.  Consider applications for Variation of Premises Licence:

(i)       Co-operative Group Food Limited                              Newtown Street

                                                                                                 Duns

(a)    Change trading name of the premises to Co-op.

        Amendment to Operating Plan:

·           Change current wording at question 5(f) to read:

The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provision of the Licensing (Scotland) Act 2005;

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

There had been circulated copies of an application to vary the premises license, together with the current Operating plan and the proposed Operating plan.  Mr Wynne, Licensing Standards Officer advised that the application included a change of trading name and the inclusion of alcohol in the home delivery service in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.  In conclusion, he advised that the application was within policy and no objections had been received.  The Convener welcomed Eilidih McGuire, legal representative of TLT Licensing.  Ms McGuire explained that the home delivery service including alcohol was operating in other stores across Scotland and was subject to a robust procedures and compliance with all legislation.  All drivers received mandatory training.

DECISION

GRANTED.  

(ii)     Co-operative Group Food Limited                                          30 – 40 Dixons Yard

                                                                                                            Eyemouth

(b)    Change trading name of the premises to Co-op.

        Amendments to Operating Plan:

·           Include provision of recorded music outwith core hours and amend explanation to read:

   Recorded background music may be played within and outwith core hours;

·     Change current wording at question 5(f) to read:

The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provision of the Licensing (Scotland) Act 2005;

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

There had been circulated copies of an application to vary the premises license, together with the current Operating plan and the proposed Operating plan.  Mr Wynne, Licensing Standards Officer advised that the application included a change of trading name, the inclusion of alcohol in the home delivery service in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005 and the introduction of recorded background music.  The application was within policy and no objections had been received.  The applicant’s legal agent, Ms McGuire, explained that the application was as the previous application above with the addition of recorded music to bring it in line with other premises licences held by the Co-op.

          DECISION

          GRANTED

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

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.”

3.         LICENSING SCOTLAND ACT 2005:  Section 84A: Personal Licence

The Board considered a report for revocation of Personal Licence on the grounds that the licence holder’s conduct was inconsistent with licensing objectives received from Police Scotland and following a hearing agreed to take no action in respect of the Personal Licence.

Consider Personal Licence hearing following report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland report and applicant’s legal agent submission attached.) (licenceholder cited to attend.)