Agenda item

Consider review of Premises Licences by the Board for breach of mandatory condition 10 – failure to pay annual fee (licence holders cited to attend).  (Copy report attached.)

4.0       SECTION 37: REVIEW OF PREMISES LICENCES

4.1       With reference to paragraph 4 of the Minute of 17 November 2017, there had been circulated copies of a report by the Clerk to the Licensing Board on Non Payment of Premises Licence Annual Fees 2017/18.  The report explained that the Board had agreed to hold a Review Hearing in respect of the Premises detailed in Appendix A and B to the report.  The grounds of the request were that Mandatory Condition 10 of Schedule 3 of the Act – failure to pay the annual fee as required by regulation made under terms of Section 136 of the Act had been breached.  The annual fee for all premises fell due on 1 October 2017 and a reminder letter was issued to the licence holders in September 2017.  To date no payment had been made by any of the Premises listed in Appendix A and B.  The premises listed in Appendix A paid the previous year’s annual fee (or in part).   The premises listed in Appendix B had been suspended due to non-payment of the previous year’s annual fees.  Following discussion the Board agreed the action to be taken against each Premise listed in Appendices A and B of the report.

 

            DECISION

 

(i)         Grantshouse Inn, Grantshouse TD11 3RW

            The Licensing Standards and Enforcement Officer advised that the premises were no longer trading and the Premises Licence had been surrendered.

 

DECISION

            NOTED.

 

            (ii)        Costcutter, Market Place, Eyemouth TD14 5HE

          The Licensing Standards and Enforcement Officer advised that he had been unable to make contact with the Premises Licence Holder, despite numerous attempts and the business did not appear to be trading. 

 

                        DECISION

          AGREED that the premises licence be suspended with immediate effect pending payment of outstanding fees.

 

  (iii)        County Hotel, High Street, Selkirk TD7 4LT

                        The Licensing Standards and Enforcement Officer advised that the fee had now been paid.

 

                        DECISION

                        (a)        NOTED that outstanding fee had been paid.

 

                         (b)      AGREED that a written warning be issued.

           

             (iv)       Fletchers, Hillside Terrace, Selkirk TD7 4BZ

          The Licensing Standards and Enforcement Officer advised that the premises were still trading, he had discussed the matter with the licence holder who was aware of the position and had been cited to attend.

 

                        DECISION

          AGREED that the premises licence be suspended with immediate effect pending payment of outstanding fees.

 

 

 

(v)        Grapevine, Now Your Talking, 2 Douglas Bridge, Galashiels TD1 1BH

                        The Licensing Standards and Enforcement Officer advised that the fee had now been paid.

 

                        DECISION

                        (a)        NOTED that outstanding fee had been paid.

 

                         (b)      AGREED that a written warning be issued.

 

(vi)       Melrose Cricket Club, Huntlyburn, Melrose TD6 9BP

                        The Licensing Standards and Enforcement Officer advised that the club had surrendered their Premises Licence.

         

                        DECISION

                        NOTED.

 

          (vii)         Turnbulls, 8 High Street, Galashiels TD1 1SD

                        The Licensing Standards and Enforcement Officer advised that the business had ceased trading, he had not made contact with the licence holder and all correspondence regarding non-payment had been returned.

 

                        DECISION

                        AGREED that the premises Licence be revoked with immediate effect.

 

          (viii)        Turnbulls, 4 Oliver Place, Hawick TD9 9BG

                        The Licensing Standards and Enforcement Officer advised that the business had ceased trading, he had not made contact with the licence holder and all correspondence regarding non-payment had been returned.

.

                        DECISION

                        AGREED that the premises Licence be revoked with immediate effect.

 

          (ix)         The Sunflower Restaurant, 4 Bridgegate, Peebles EH45 8RZ

          The Licensing Standards and Enforcement Officer advised that the premises had ceased trading.

 

                        DECISION

                        AGREED that the premises licence be revoked with immediate effect.

 

          (x)          Tibbieshiels Inn, St Marys Loch, Selkirk TD7 5LH

          The Licensing Standards and Enforcement Officer advised that the premises had ceased trading.

 

                        DECISION

                        AGREED that the premises licence be revoked with immediate effect.

 

          (xi)         Kwan’s Restaurant, 1012 Roxburgh Street, Kelso TD5 7DH

          The Licensing Standards and Enforcement Officer advised that whilst the premises continued as a carry out food establishment, the current occupant advised they had had ceased trading in alcohol sales.

 

                        DECISION

                        AGREED that the premises licence be revoked with immediate effect.

 

 

      

The meeting concluded at 10:22 a.m.