Agenda item

Consider applications for Extended Hours (applicant cited to attend) (Copies attached):

 

(i)   Greene King Retailing Limited                                     County Hotel

                                                                                                35 High Street

                                                                                                Peebles

                                                                                               

                                                                                                Saturday 24 June 2017 8.00a.m.– 11.00a.m

Saturday 1 July 2017     8.00a.m.- 11.00a.m

Saturday 8 July 0217     8.00a.m - 11.00a.m

 

 

Representation received:

Police Scotland – copy attached

Licensing Standards Officer – copy attached

Other – applicant’s response to Police and LSO objections 

 

 

(ii)   Selkirk Conservative Club                                            Selkirk Conservative Club

                                                                                                Ettrick Terrace

                                                                                                Selkirk

 

                                                                                                Saturday 24 June 2017 8.00a.m.– 11.00a.m

Saturday 1 July 2017     8.00a.m.- 11.00a.m

Saturday 8 July 0217     8.00a.m - 11.00a.m

 

Representations received:

Police Scotland – copy attached

Licensing Standards Officer – copy attached Other – none

 

 

(iii)  The Waverley Bar Limited                                            Waverley Bar

                                                                                                78 High Street

                                                                                                Hawick

 

                                                                                                Saturday 24 June 2017 8.00a.m.– 10.00a.m

Saturday 1 July 2017     8.00a.m.- 10.00a.m

Saturday 8 July 0217     8.00a.m - 10.00a.m

 

Representations received:

Police Scotland – copies attached

Licensing Standards Officer – copy attached

Other – applicant’s response to Police and LSO objections

(d)    Section 68:  The Board considered the following applications for Extended Hours:-

 

(i)    Greene King Retailing Limited                    County Hotel

                                                                     35 High Street

                                                                     Peebles

                                                                     Saturday 24 June 2017  8.00am - 11.00am

                                                                     Saturday 1 July 2017     8.00am - 11.00am

                                                                     Saturday 8 July 2017     8.00am - 11.00am

 

There had been circulated copies of a letter dated 12 May 2017 from Mr I Tunnah, Licensing Standards and Enforcement Officer.  Mr Tunnah objected to the granting of the requested extensions on the following grounds (a) the hours applied for were outwith the Licensing Boards current policy statement, the premises currently operated with core hours for the On Sale of Alcohol commencing at 11 a.m. and terminating at 1 a.m. on the dates applied for.  The Licensing Board Policy stated at section 7.3, ‘the Board would not normally grant applications for more than 14 hours in any 24 hour period’.  To grant the application would create a trading period for On sales of 17 hours on each of the dates applied for (b) the reason for extending the hours was to accommodate the viewing of the British Lions Test matches being played in New Zealand which had a kick off time of 8.35 a.m. UK time and there was no indication in the application to indicate the reason being anything other than to allow the consumption of alcohol while viewing the rugby, the applicant claimed that the sale of alcohol would be ancillary to the purchase of a breakfast, however it is difficult to see how this could be the case for the duration of the rugby match (c) there was no indication that access would be restricted, other than the requirement to purchase a  breakfast which would obviously allow anyone whether interested in rugby or not to commence the consumption of alcohol at a time when no other premises in the Borders area are permitted. 

 

There had been circulated copies of a letter dated 16 May 2017 from Police Scotland.  In terms of Section 69(2) of the Licensing (Scotland) Act 2005, Police Scotland objected to the application on the following grounds (a) the premises was not affiliated to any rugby club and the premises would be open with no restriction, allowing anyone to attend and consume alcohol for any purpose (b) If granted, the commencement would increase the core hours from 14 to 16 hours that day, which would be outwith guidelines contained within the Licensing Board’s Statement of Licensing Policy 2013-2016 (c) this would set a precedent  which other licensed premises in Scottish Borders would be likely to seek to replicate.(d) any extension to the operating hours for the applicant premises, or any other premises enjoying similar licensed hours, would increase the likelihood of over consumption that often ends with crime and disorder.  

 

There had been circulated copies of a letter from Peter Orr, Designated Premises Manager of the County Hotel, Peebles addressing the concerns of Police Scotland and the Licensing Standards and Enforcement Officer and seeking to justify why the Board should consider granting the applications because the screening of the British Lions test matches should be considered a nationally significant event.  Mr Orr was present at the meeting and spoke to his written submission during which he withdrew the application for 24 June under explanation it clashed with the Peebles Beltane Saturday.

 

There followed debate relating to the nature of the event, the relevant parts of the Board’s Policy Statement  cited in the objections and how appropriate it was to consider that the consumption of alcohol was essential to the enjoyment of patrons watching a televised sporting event.

 

VOTE

Councillor Weatherston, seconded by Councillor Richards moved that the application be refused on the grounds that the application did not meet the licensing objectives as stated in the objections.

 

Councillor Paterson moved as an amendment that the application be granted.  There was no seconder and the motion was carried.

 

DECISION

REFUSED.

 

Councillor Paterson requested that his dissent be recorded for the Minute.

 

                     (ii) Selkirk Conservative Club                            Selkirk Conservative Club

                                                                                                Ettrick Terrace

                                                                                                Selkirk

 

                                                                      Saturday 24 June 2017 8.00am -  11.00am

                                                                      Saturday 1 July 2017    8.00am - 11.00am

                                                                      Saturday 8 July 2017   8.00am - 11.00am

 

 

There had been circulated copies of a letter dated 6 June 2017 from Mr I Tunnah, Licensing Standards and Enforcement Officer.  Mr Tunnah objected to the granting of the requested extensions on the following grounds (a) the hours applied for were outwith the Licensing Boards current policy statement, the premises currently operated with core hours for the On Sale of Alcohol commencing at 11 a.m. and terminating at 1 a.m. on the dates applied for.  The Licensing Board Policy stated at section 7.3, ‘the Board would not normally grant applications for more than 14 hours in any 24 hour period’.  To grant the application would create a trading period for On sales of 17 hours on each of the dates applied for (b) the reason for extending the hours was to accommodate the viewing of the British Lions Test matches being played in New Zealand which had a kick off time of 8.35 a.m. UK time and there was no indication in the application to indicate the reason being anything other than to allow the consumption of alcohol while viewing the rugby, although the applicant stated that breakfast was to be served at half time.  If granted the licence would have to obvious effect of allowing anyone whether interested in rugby or not to commence the consumption of alcohol at a time when no other premise in the Boards area were permitted.

 

There had been circulated copies of a letter dated 6 June 2017 from Police Scotland.  In terms of Section 69(2) of the Licensing (Scotland) Act 2005, Police Scotland objected to the application on the following grounds (a) the premises did not appear to be affiliated to any rugby club and the premises would be open with no restriction, allowing members and bone fide guests to attend and consume alcohol for any purpose. (b) If granted, the commencement would increase the core hours from 14 to 17 hours that day, which would be outwith guidelines contained within the Licensing Board’s Statement of Licensing Policy 2013-2016 (c) this would set a precedent  which other licensed premises in Scottish Borders would be likely to seek to replicate.(d) any extension to the operating hours for the applicant premises, or any other premises enjoying similar licensed hours, would increase the likelihood of over consumption that often ends with crime and disorder.  

 

There had been circulated copies of a letter from Selkirk Conservative Club  addressing the concerns of Police Scotland and the Licensing Standards and Enforcement Officer and seeking to justify why the Board should consider granting the applications because the screening of the British Lions test matches should be considered a nationally significant event which only occurred every 4 years.  The Club did not intend to open in a free for all and the event would be a ticketed event for members and bone a fide guests only.  The written submission further explained that SCC had operated a tightly managed ‘Zero Tolerance’ approach to any issues of bad behaviour for many years.  Members were  reminded that this not only applied to club premises , but also to any members’ conduct outwith the club.

 

Mr James Terras was present representing Selkirk Conservative Club. He spoke in support of his written submission in particular the Club’s long standing links to the RBS Six Nations through Members of the local Rugby Football Club. He stated his opinion that the application was materially different to that of an open public house and stressed that the premises would only be accessible by Members and guests.  Having considered the objections, the Club was also willing to close early on the dates applied for in order to comply with the 14 hour trading period.

 

Members asked questions and debated the merits of the application in relation to the licensing objectives and their Policy Statement.

 

VOTE

Councillor Paterson, seconded by Councillor Weatherston moved as a motion that the application be granted.

Councillor Scott, seconded by Councillor Brown moved as an amendment that the application be refused.

 

 

On a show of hands Members voted as follows:-

Motion    -           2 votes

Amendment -     4 votes

 

                     The amendment was accordingly carried.

 

                     DECISION

                     REFUSED.

 

                   (iii)  The Waverley Bar Limited                            Waverley Bar

                                                                             78 High Street

                                                                             Hawick

                                                                             Saturday 24 June 2017 8.00am - 10.00am

                                                                             Saturday 1 July 2017     8.00am - 10.00am

                                                                             Saturday 8 July 2017     8.00am - 10.00am

 

      

 

There had been circulated copies of a letter dated 16 May 2017 from Police Scotland.  In terms of Section 69(2) of the Licensing (Scotland) Act 2005, Police Scotland objected to the application on the following grounds (a) the premises did not appear to be affiliated to any rugby club and the premises would be open with no restriction, allowing anyone to attend and consume alcohol for any purpose. (b) If granted, the commencement would increase the core hours from 14 to 17 hours that day, which would be outwith guidelines contained within the Licensing Board’s Statement of Licensing Policy 2013-2016 (c) this would set a precedent  which other licensed premises in Scottish Borders would be likely to seek to replicate (d) any extension to the operating hours for the applicant premises, or any other premises enjoying similar licensed hours, would increase the likelihood of over consumption that often ends with crime and disorder.  

 

There had been circulated copies of a letter dated 12 May 2017 from Mr I Tunnah, Licensing Standards and Enforcement Officer.  Mr Tunnah objected to the granting of the requested extensions on the following grounds (a) the hours applied for were outwith the Licensing Boards current policy statement, the premises currently operated with core hours for the On Sale of Alcohol commencing at 11 a.m. and terminating at 1 a.m. on the dates applied for.  The Licensing Board Policy stated at section 7.3, ‘the Board would not normally grant applications for more than 14 hours in any 24 hour period’.  To grant the application would create a trading period for On sales of 17 hours on each of the dates applied for (b) the reason for extending the hours was to accommodate the viewing of the British Lions Test matches being played in New Zealand which had a kick off time of 8.35 a.m. UK time and there was no indication in the application to indicate the reason being anything other than to allow the consumption of alcohol while viewing the rugby, the applicant claimed that the sale of alcohol would be ancillary to the purchase of a breakfast , however it is difficult to see how this could be the case for the duration of the rugby match (c) there was no indication that access would be restricted, and would allow the consumption of alcohol at a time when no other premises in the Borders area are permitted.

 

There had been circulated copies of a letter from the Waverley Bar Limited which explained that the current Lion Tour had two borderers playing, one of which came from Hawick and it would be an opportunity for people with no sky contract to view the games.  The Waverley showed all sporting events on the premises, at great cost (over £1600 per month) and the extended hours would be an opportunity to recoup some of this expense, while giving an enhanced service to their regular customers.  The Waverley had been a family run business for 47 years and prided itself in having had no problems with any unsavoury trouble for many years.  Mr Ian Hope, Bar Manager of the Waverley Bar spoke in support of the written submission and emphasised that the premises was well managed and in his opinion granting of the applications would allow its predominantly elderly clientele without access to Sky sports an opportunity to view the games.

 

Members debated how the applications could be considered in relation to the licensing objectives and their Policy Statement.

 

VOTE

Councillor Scott, seconded by Councillor Brown moved that the application be refused.

Councillor Paterson, seconded by Councillor Weatherston moved as an amendment   that the application be granted.

 

On a show of hands Members voted as follows:-

Motion      -           4 votes

Amendment -       2 votes

 

                   The amendment was accordingly carried.

 

                   DECISION

                   REFUSED.