Scottish Borders Council

Agenda and minutes

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

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

Link: teamsliveevent

Items
No. Item

1.

Order of Business

Minutes:

The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

 

2.

Minute pdf icon PDF 89 KB

Minute of Meeting held on 31 July 2020 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

Minute

The Minute of Meeting of 31 July 2020 had been circulated.

 

              DECISION

              APPROVED.

 

3.

Licences dealt with under Delegated Powers pdf icon PDF 92 KB

(i)           6 February – 9 March 2020

(ii)          10 March – 31 March 2020

(iii)        1 April – 30 April 2020

(iv)        1 May – 31 May 2020

(v)         1 June – 30 June 2020

(vi)        1 July – 31 July 2020

(vii)       1 August – 31 August 2020

 

(Copy attached.)

Additional documents:

Minutes:

LICENCES DEALT WITH UNDER DELEGATED POWERS

2.0            For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the period 6 February to 31 August 2020.

 

DECISION

NOTED.

 

4.

Police Scotland Annual Report

Consider Chief Constable’s report to the Scottish Borders Licensing Board for the period from 1 April 2019 to 31 March 2020.  (Copy to follow.)

 

Minutes:

                POLICE SCOTLAND ANNUAL REPORT  

The Licensing Team Leader advised that consideration of the Police Report had been deferred until the next meeting.

 

          DECISION

          NOTED.

 

5.

Licensing (Scotland) Act 2005:

6.

Section 20: Application for Premises Licence pdf icon PDF 152 KB

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

 

(i)       Mosspaul Holdings Ltd                                       Mosspaul Inn

                                                                      Teviothead

                                                                      Hawick

                                                                      (Provisional)

       

        Proposed business activity - A single room office space on the ground floor of the former Mosspaul Inn to operate as a distribution point for online and telephone orders of predominately specialist wines and spirits.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        N/A                                                                        Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – representation/objection attached.

 

 

(ii)   Punjabi Grill Ltd                                                   39-41 High Street

                                                                      Hawick

                                                                      (Provisional)

       

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

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

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

        Thurs to Sat 11.00am – 1.00am

         

Representations received:

Police Scotland - none.

Licensing Standards Officer - none

Health - none.

Other – representations/objections 1 - 2 and SBC Environmental Health - attached

 

(iii) Tweed Valley Distilling Co Ltd                           6 Caley Cottages

                                                                      Peebles

                                                                      (Provisional)

       

        Proposed business activity – end terraced cottage to be used as a dispatch point only for remote sales (internet and telephone) of the company’s alcohol products.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - attached

Licensing Standards Officer - none

Health – none

Other – none

 

 

(iv)  Bloodline Spirits Ltd                                           Unit 9

                                                                      Southpark Industrial Estate

                                                                      Peebles

                                                                      (Provisional)

       

        Proposed business activity – single storey industrial unit within a small industrial estate predominantly a commercial distillery producing craft gin.  Distillery tours, talks and demonstrations will be offered with tasting sessions.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        Mon to Sun 11.00am – 10.0pm                            Mon to Sun 10.00am – 10.00pm

       

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representation/objection attached

 

 

(v)   Oxton Community Development LtdOxton Community Shop

                                                                            Station Road

                                                                            Oxton

                                                                            (Provisional)

 

        Proposed business activity - Village convenience store (portacabin) with off sale alcohol provision situated adjacent to Village/Community Hall in Station Road, Oxton. Alcohol sales capacity 1.2m x 0.4m.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - attached

Licensing Standards Officer - none

Health – none

Other - none

 

Additional documents:

Minutes:

LICENSING (SCOTLAND) ACT 2005:

                 (a)     Section 20:  Application for Variation of Premises Licence. Consider the    

                          following application for Provisional Grant of Premises Licence (applicant cited to 

                          attend). 

 

          (i)    Mosspaul Holdings Ltd                        Mosspaul Inn

                                                                                                  Teviothead

                                                                                                  Hawick                                              (Provisional)

 

Proposed business activity - Asingle room office space on the ground floor of the former Mosspaul Inn to operate as a distribution point for online and telephone orders of predominately specialist wines and spirits.

 

               Licensed hours applied for:

               On Sale                                                          Off Sale

              N/A                                                                  Mon to Sun 10.00am – 10.00pm

                        

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – representation/objection attached.

                                                                      

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 objection dated 18 March 2020.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the proposed business activity would be held within the former Mosspaul Inn and would be a distribution point for the sale of specialist wines and spirits and was within policy.  The Clerk confirmed that Members had read the letter of objection.  There were no objections from Police Scotland.  The Convener welcomed Mr Barker, Applicant who joined via Microsoft Teams. Mr Barker explained that the business was on-line sales of specialist whisky and he would be using Amazon as the main distributor.  Mr Barker explained that the access was owned by Mosspaul Inn and that the objecting Neighbour had a right of  access to his property and that there would be one courier van visiting the property at any one time.    The objector was not present.  Following discussion, Members unanimously agreed to grant the Licence.

 

              DECISION

GRANTED.

 

          DECLARATION OF INTEREST

Councillor Paterson declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Meeting during the discussion.

 

 

(ii)                Punjabi Grill Ltd                                     39-41 High Street

                                                                                Hawick

                                                                                (Provisional)

       

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

 

Licensed hours applied for:

On Sale                                                           Off Sale

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

Thurs to Sat 11.00am – 1.00am

                                                                            

Representations received:

Police Scotland - none.

Licensing Standards Officer - none

Health - none.

   Other – representations/objections 1 - 3 and SBC Environmental Health – attached

 

 

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan, Layout Plan and letters of objection.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the proposed business activity was a Bistro-Restaurant where wine would be sold in the lounge bar and with meals and was within policy.  There were no representations from Police Scotland although there had been letters of objection submitted from Neighbours and Environmental Health.  The Clerk confirmed that Members had read the letters of objection and advised that the  ...  view the full minutes text for item 6.

7.

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:

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.”

 

 

SUMMARY OF PRIVATE BUSINESS

 

 

 

5.         LICENSING SCOTLAND ACT 2005:  Section 72: Grant of Personal Licence

The Board considered an application for the grant of a Personal Licence.  The Applicant was present via Microsoft Teams.   After hearing both parties, the Committee agreed that the application be refused.

 

6.         LICENSING SCOTLAND ACT 2005:  Section 84A: Revocation of Personal Licence

The Board considered a request dated 9 September 2020 from Police Scotland for the revocation of a Personal Licence.  The Applicant and his representative were present via Microsoft Teams.  After hearing both parties, the Committee agreed that no action be taken at the present the application be refused.

 

At the conclusion of the Private Business, the Board moved back in to Public Business.

 

8.

Section 29: Application for Variation of Premises Licence pdf icon PDF 120 KB

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

 

(i)        Co-operative Group Food Limited                    Co-op

                                                                       Jewellers Wynd

                                                                                      38 High Street

                                                                                      Jedburgh

 

        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)      WM Morrison Supermarkets PLC       Mart Street

                                                                                         Hawick

 

        Amendment to Operating Plan:

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

               Products other than alcohol will be sold and ancillary consumer services provided (including a customer café) during all or part of the period between 06:00 and 24:00 hours each day, subject to customer demand and other statutory consents where these are required. A home delivery shopping service and a click and collect service may be operated from the store.

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

 

(iii)          Punch Partnership Ltd   Besom Inn

                                                                                        75-77 High Street

                                                                                         Coldstream

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours:

Bar meals; receptions; club meetings; recorded music; live performance; dance; gaming; indoor/outdoor sport; tv sport

  • Include outside drinking during and outwith core hours
  • Ament further information – activities for breakfast may commence before core hours but not before 8.00am and column 4 activities (outwith core hours) will be ancillary
  • Amend question 6(e) to children and young persons will be allowed access to the dining areas, toilets, outside areas and the function room
  • Addition of outside drinking areas
  • Addition of carry out food facility

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

 

 

(iv)          Verdant Leisure 2 Ltd     Scoutscroft Holiday Centre

                                                                                        St Abbs Road

                                                                                         Coldingham

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours: bar meals; receptions; live performance;

and gaming outwith core hours

  • Amend seasonal variation: the premises may take advantage of any general extension granted by the Board in terms of its Policy
  • Include Off Sale capacity of 10m²
  • Addition of shop within main building and reconfiguration of unlicensed Family Entertainment Centre
  • Change description of premises to: detached holiday complex in a small busy rural village comprising of 2 public bars – one with external patio area, both with attached lounges, one restaurant area and a small shop

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representations/objections 1-14 attached

 

Additional documents:

Minutes:

PUBLIC BUSINESS

 

7.      Section 29:  Applications for Variation of Premises Licence.

 

(ii)             Punch Partnership Ltd                                           Besom Inn

                                                                                                75-77 High Street

                                                                                                Coldstream

 

Amendments to Operating Plan and Layout Plan:

·       Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)

·      Include following activities outwith core hours:

Bar meals; receptions; club meetings; recorded music; live performance; dance; gaming; indoor/outdoor sport; tv sport

·      Include outside drinking during and outwith core hours

·      Ament further information – activities for breakfast may commence before core hours but not before 8.00am and column 4 activities (outwith core hours) will be ancillary

·      Amend question 6(e) to children and young persons will be allowed access to the dining areas, toilets, outside areas and the function room

·      Addition of outside drinking areas

·      Addition of carry out food facility

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

 

There had been circulated copies of an application for variation of Premises Licence, together with current and proposed Operating Plans.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence to bring it up to date following a recent re-furbishment and it was within policy.  There were no representations and Mr McDougal, solicitor from TLT representing the applicant provided an overview of the basis for the application.  Following a brief discussion members were content that the application be granted.

 

DECISION

GRANTED

 

(iii)      Verdant Leisure 2 Ltd                                    Scoutscroft Holiday Park

                                                                                        St Abbs Road

                                                                                         Coldingham

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours: bar meals; receptions; live performance; and gaming outwith core hours
  • Amend seasonal variation: the premises may take advantage of any general extension granted by the Board in terms of its Policy
  • Include Off Sale capacity of 10m²
  • Addition of shop within main building and reconfiguration of unlicensed Family Entertainment Centre
  • Change description of premises to: detached holiday complex in a small busy rural village comprising of 2 public bars – one with external patio area, both with attached lounges, one restaurant area and a small shop

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representations/objections 1-14 attached

 

There had been circulated copies of an application for variation of Premises Licence, together with current and proposed Operating Plans.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence to bring it up to date to include On Sales and Off Sales and was within policy.  The Clerk confirmed that the Board had read the letters of objection received.

The Convener welcomed via Microsoft Teams, Mr McDougall - TLT Solicitor, Karen Hampshire – Holiday Park Manager, Mr McKie, Legal Agent, Anderson Strathern representing Kay Barnes and Kay Barnes - Resident and objector. 

 

Mr McDougall explained that the holiday park consisted of  ...  view the full minutes text for item 8.

9.

Licensing (Scotland) Act 2005:

9a

Section 72

Consider application for Grant of Personal Licence following objection from Police Scotland.  (Copy application together with Police Scotland report attached) (applicant cited to attend)

 

10.

Declarations of Interest

11.

Section 84A

Consider application for review of Personal Licence following report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland report attached) (licenceholder cited to attend)

 

12.

Minute

Private Section of Minute of meeting of 31 July 2020 for approval  (Copy attached.)

 

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Scottish Borders Council

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