Agenda and minutes

Minute of Meeting held on 23 October 2020 to be approved and sign 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.

1.0            Minute

The Minute of Meeting of 23 October 2020 had been circulated.

              DECISION

              APPROVED.

(Copy attached.)

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 1 October – 9 November 2020.

DECISION

NOTED.

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

(i)     Morebattle Community Shop Ltd                      Morebattle Community Shop

                                                                       Main Street

                                                                      Morebattle

                                                                      (Provisional)

            The premises is a community owned general convenience store in the village, trading in a wide range of groceries, household goods and fresh consumables, with the proposal to sell alcohol on an Off-Sale basis only.

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none.

(ii)        TCB Hawick Ltd                                       53 High Street

                                                                       Hawick

                                                                      (Provisional)

        The premises is situated on the ground floor of a four storey terraced premises in the town centre. The premises is to operate as a convenience store trading in a wide range of food and non-food items, with the proposal to sell alcohol for Off-Sale consumption only.

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – Mr. A Bannerman.

LICENSING (SCOTLAND) ACT 2005:

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

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

                          attend). 

          (i)    Morebattle Community Shop Ltd        Morebattle Community Shop

                                                                                                  Main Street

                                                                                                  Morebattle

                                                                                                  (Provisional)

The premises is  a community owned general convenience store in the Village, trading in a wide range of groceries, household goods and fresh consumables, with the proposal to sell alcohol on an off sale basis only.

              Licensed hours applied for:

               On Sale                                                          Off Sale

              None                                                               Mon to Sun 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 the provisional grant of a premises licence together with the proposed Operating Plan and layout plan.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the Community Shop sell a wide range of goods and wanted to expand what was available to include alcohol.  The proposal was within Policy and there were no objections from Police Scotland and no representations.  The Convener welcomed Mr Murray, Manager who joined via Microsoft Teams. Mr Murray explained that he was joint Manager with his wife and the Community shop had been operational for 2 years, during which time the trade had increased considerably and he wanted to expand what was on offer to include alcohol.

              DECISION

GRANTED.

(ii)       TCB Hawick Ltd                                            53 High Street

                                                                      Hawick

                                                                      (Provisional)

The premises are situated on the ground floor of a four storey terraced premises in the town centre. The premises are to operate as a convenience store trading in a wide range of food and non-food items, with the proposal to sell alcohol for off sale consumption only.

               Licensed hours applied for:

        On Sale                                                         Off Sale

                None                                                              Mon to Sun 10.00am – 10.00pm

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other – Mr A Bannerman.

There had been circulated copies of an application for the provisional grant of a Premises Licence, together with the proposed Operating Plan, Layout Plan, A letter of objection from Mr Bannerman together with photographs of the exterior of the building submitted by the applicant’s agent had also been circulated.    Mr Wynne, Licensing Standards Officer explained that the premises would operate as a grocery convenience store and was within Policy.  An objection from Mr A Bannerman had been received raising concerns with regard to overprovision within central Hawick following approval of a premises licence for Aldi and Home Bargains.  Mr Bannerman stated that in his opinion the alcohol provision for a town the size of Hawick had been surpassed and no further licences should be granted.  Mr Bannerman was unable to attend the meeting.  Mr Wynne confirmed that there had been no representations or objections raised from Health or Police Scotland during the consultation.

The Convener welcomed Mr Johnson, applicant and Mr Niall Hassard, TLT Solicitors who joined via Microsoft Teams. Mr Hassard explained that the  ...  view the full minutes text for item 4.

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

(a)     Lidl Great Britain Ltd                                          Lidl Store

                                                                                       31-33 Shedden Park Road

                                                                                      Kelso

        Amendments to Operating Plan:

·           Capacity (Question 7) - an increase in the capacity of the alcohol display area from 45.28 m² to 57.29 m² (non-seasonal), with the seasonal variation increasing this area by 9.54 m² (no change) to 66.83 m² between 1 December each year and 2 January the following year.

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

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

              application for variation of Premises:

 Lidl Great Britain Ltd                                            Lidl Store

                                                                                    31-33 Shedden Park Road

                                                                                    Kelso                                                                 

               Amendment to Operating Plan:

Capacity (Question 7) - an increase in the capacity of the alcohol display area from 45.28 m² to 57.29 m² (non-seasonal), with the seasonal variation increasing this area by 9.54 m² (no change) to 66.83 m² between 1 December each year and 2 January the following year.

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

There had been circulated copies of an application for a variation of the premises licence together with the operating plan and layout plan.  Mr Wynne, Licensing Standards Officer explained that the Lidl in Kelso had recently been refurbished and the replacement shelving was a different size. As a result, the premises required to vary the existing Operating Plan, however, the proposed amendments were within Policy and no objections or representations had been received. 

The Convener welcomed Mr A Hunter, Harper Macleod Solicitors, who joined via Microsoft Teams. Mr Harper explained that the premises had undergone a substantial refurbishment which had resulted in the shelving being of a different size  It had resulted in an  increase of the alcohol provision from 4.2% to 5.3% There would be no change to the seasonal provision and was within the Board’s Policy. 

       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.”

SUMMARY OF PRIVATE BUSINESS

4.0       LICENSING SCOTLAND ACT 2005:  Section 36 and 84A

Premises Licence Review 

The Board considered an application from Police Scotland for the review of a Premises Licence.  The licenceholder and his representative were present via Microsoft Teams.  After hearing both parties, the Board agreed that a written warning be issued.

5.0       Personal Licence Review

The Board considered an application from Police Scotland for the review of a Personal Licence.  The licenceholder and his representative were present via Microsoft Teams.  After hearing both parties, the Board agreed that it was necessary with regard to the licensing objectives to endorse the Personal Licence.

6.0       Premises Licence Review 

The Board considered an application from Police Scotland for the review of a Premises Licence.  The licenceholder and his representative were present via Microsoft Teams.  After hearing both parties, the Board agreed to take no action.

7.0       Personal Licence Review

The Board considered an application from Police Scotland for the review of a Personal Licence.  The licenceholder and his representative were present via Microsoft Teams.  After hearing both parties, the Board agreed to take no action.

8.0       Minute

The Private section of the Minute of 23 October 2020 was approved. 

The meeting concluded at 12.30 p.m.

(a)     (i)   Section 36. Consider application for Review of Premises Licence received  

                from Police Scotland in respect of Marmions Brasserie, 5 Buccleuch Street,    

                Melrose.  (Copy application together with Licensing Standards and

                Enforcement Officer’s report attached) (applicant cited to attend.)

  (ii)  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)

(b)     (i)   Section 36. Consider application for Review of Premises Licence received    

                from Police Scotland in respect of Central Bar, 4 – 6 Northgate, Peebles. 

                (Copy application together with Licensing Standards and Enforcement

                Officer’s report attached) (applicant cited to attend.)

         (ii) 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)

Private Section of Minute held on 23 October 2020 for approval and signed by the Convener (Copy attached.)