Agenda item

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

(i)       Aldi Stores Limited                                        Aldi

                                                                         King Street

                                                                         Galashiels

Amendments to operating plan and layout plan*:

·           Increase in capacity from 24.75 square metres to 29.0067 square metres

·           Removal of seasonal variation

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

*Layout plan will be on display at the meeting or alternatively is available to view in the Licensing Unit, Council Headquarters during office hours.

(ii)      Stobo Castle Health Spa Ltd                        Stobo Castle Health Spa

                                                                                   Stobo

          Amendments to operating plan:

·                 Change Core Hours

PROPOSED ON SALE                                    CURRENT ON SALE

11.00am – 12.00midnight Sunday        12.30pm – 11.00pm Sunday

11.00am – 12.00midnight Mon to Wed 11.00am – 11.00pm Mon to Wed

11.00am – 1.00am Thurs to Sat                       11.00am – 11.00pm Thurs to Sat

PROPOSED OFF SALE                                  CURRENT OFF SALE

11.00am – 10.00pm Sunday                 12.30pm – 10.00pm

· Change seasonal demand to YES with explanation as per Licensing Board Policy  

·  Addition of activities within and outwith core hours: conference facilities; bar  

  meals; receptions etc; club or other group meetings; and televised sports

·  Include restaurant facilities and recorded music outwith core hours

· Addition of activities within core hours: live performance; theatre; films; and gaming

·  Change explanation in respect of outwith core hours entries in column 4

·  Change explanation at 5(f) regarding other activities

·  Change terms of children and young persons access

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other – none.

(iii)     Lidl UK GmbH                                                   Lidl UK GmbH

                                                                                      31-33 Sheddon Park Road

                                                                                      Kelso

  Amendments to operating plan and layout plan*:

·                     the inclusion of a seasonal variation to allow for an increased capacity

of alcohol display for the period 1 December each year until 2 January of the following year; and 

·                      increase in the capacity of alcohol display area from 41.80m² to 45.28m² (non-seasonal), with the seasonal variation to increase this area to 54.82m² between 1 December each year and 2 January the following year.

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

*Layout plan will be on display at the meeting or alternatively is available to view in the Licensing Unit, Council Headquarters during office hours.

4.1     Section 29:  Application for Variation of Premises Licence. The Board

          considered the following applications for Variation of Premises Licence:-

            Aldi Stores Limited                                                           Aldi Stores

            King Street

            Galashiels  

                                                                                                                                                          Amendments to Operating Plan and Layout Plan, to include an increase in capacity   

           from 24.75 square metres to 29.0067 square metres and removal of seasonal

           variation.

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

There had been circulated copies of the Application, current operating plan and proposed operating plan.  The Licensing Standards and Enforcement Officer advised that as a result of re-fitting the shop, the area of alcohol had increased slightly and the variation for the Festive Period was to be removed.

Mr Niall Hazzard, TLT Solicitors accompanied by the applicant’s Area Manager were present.  Mr Hazzard explained that Aldi Stores Limited had undertaken a nationwide refurbishment of its stores and the new shelving configuration had resulted in an increase in alcohol capacity. 

DECISION

GRANTED.

4.2        Stobo Castle Health Spa Ltd                                          Stobo Castle Health Spa

                                                                                               Stobo 

                                                                                               Galashiels  

              Amendments to Operating Plan to amend core hours.

                  There had been circulated copies of the Application, current operating plan and proposed operating plan.  The Licensing Standards and Enforcement Officer advised that the operating plan had not been updated for some considerable time and the amendments were all within the Board’s Policy.

                  Mr Elliot Winyard, the Designated Premises Manager was present and explained that the business had evolved over the last few years and the changes to the existing Operating Plan would allow scope for more flexible operation.

                    DECISION

                    GRANTED.

4.3       Lidl UK GmbH                                                                   Lidl UK GmbH

                                                                                               31-33 Shedden Park Road 

                                                                                               Kelso

                  Amendments to Operating Plan and Layout Plan to include seasonal variation to allow for an increased capacity of alcohol display for the period 1 December each year until 2 January of the following year; increase capacity of alcohol display area from 41.80m² to 45.28m²  (non-seasonal), with the seasonal variation to increase this area to 54.82m²        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 the Application, current operating plan and proposed operating plan.  The Licensing Standards and Enforcement Officer advised that the application was for a small increase, which was within policy.

                  Ms Tracey Broomfield, the applicant’s local representative and Mr Andrew Hunter, Solicitor were present.  Mr Hunter explained that the increase was in relation to how the alcohol would be displayed all year round and the inclusion of the seasonal variation to increase the alcohol between 1 December each year and 2 January the following year. He stated that the increase would equate to only 4.2% of the overall floor space in comparison to the current 3.9% currently and there were 5 personal licence holders employed on the premises with the result that there had been no concerns regarding alcohol sales on the premises.

                  DECISION

                  GRANTED.