Agenda item

Consider report by the Clerk presenting a summary of the work of the Scottish Borders Licensing Board and the staff supporting the Board (copy attached).

3.1       There had been circulated copies of a report by the Clerk to the Licensing Board presenting a summary of the work of the Scottish Borders Licensing Board and the staff supporting the Board.  It was hoped that the report would assist the Forum to facilitate its scrutiny role of how the Board discharged its duties and responsibilities in terms of the Licensing (Scotland) Act 2005 as amended.  The Managing Solicitor, Ron Kirk, presented the report and highlighted the main points. Since the last joint meeting on 22 November 2016 the Board had met eleven times.  At each Board meeting, in addition to determining applications and reviews, Members considered all matters which had been dealt with under the delegated powers of the Clerk where both the Act permitted this method of determination and there had been no objection or representation in respect of the application.  The majority of delegated decisions were in connection with grants of occasional licences which were a feature of sporting fixtures and local festivals in the Community.  1,220 Occasional Licences had been granted in this period of which 425 were granted to voluntary organisations.  In addition, 56 applications by the holders of a Premises Licence for extended hours were granted.  The other reported decisions related to minor variations of premises licences, substitution of premises managers, grants of personal licences and transfers of premises licences.  

3.2       The report went on to refer to Hearings which took place as part of the Board’s business. The Board must hold a Hearing for the Grant or Provisional Grant of a Premises Licence.  Sixteen new Premises Licences were granted during the period.  Nine Licence Holders chose to surrender their Licence and the Board suspended six Licences. The Board considered 39 applications to vary Premises Licenses in this period.  These included both non minor variations which must be determined by the Board and applications which attracted objections or representations. The Board arranged Review Hearings in respect of 8 Premises Licences.  All were in relation to notices for failure of premises to make a payment of the annual fee.  This resulted in six licences being suspended with the other two licence holders making payment prior to the Hearing taking place.

3.3       Following the Local Government elections at the beginning of May 2017, a new Board was created consisting of nine elected Members appointed by Scottish Borders Council. Three of these Members had served on the previous Board and one of those Members, Councillor John Greenwell, was appointed Convenor. Members underwent mandatory training, attained the required statutory qualification and the new Board sat for the first time on 23 June 2017.

3.4       The Air Weapons and Licensing (Scotland) Act 2015 introduced a requirement that Licensing Boards produce annual financial reports.  The Board’s report for the financial year 2016/17 was considered at their meeting on 22 September and the report subsequently published. 

3.5       One of the first functions of the new Board was to consider a review of its Licensing Policy Statement. The new policy statement required to be implemented in November 2018 for a 5 year period to November 2023. The Board had formed a working group comprising 4 of its members who along with the Board’s officers would carry out an initial review of its policy before reporting back its findings and recommendations to the full Board prior to the consultation with the relevant consultees.

3.6       On 28 October 2016, eight Members of the new Board, joined by two Members of the Licensing Forum,  attended the Board’s late night premises visits, organised by Police Scotland. During the evening the Members visited functions in the Volunteer Hall in Galashiels and at Kelso Racecourse before visiting the town centres of Kelso, Hawick and Galashiels. The Members witnessed how the night time economy functioned in each of these towns and also met with Street Pastors whilst in Galashiels, gaining an insight of their role within the community.

DECISION

AGREED to:-

(a)        note the report; and

(b)       request that the Clerk continue to provide updates to the joint meeting          on an annual basis.