Scottish Borders Council

Agenda item

Licensing (Scotland) Act 2005:

Minutes:

4.1       Section 20: Application for Premises Licence. The Board considered the following application for Grant/Provisional Grant of Premises Licence:-

           

Lynn Ferguson                                                                    Denholm Post Office

                                                                                                1 Westside

                                                                                                Denholm

                                                                                                Nr HAWICK                                                                                                                                                                                                                                                   (Provisional)

 

            Licensed hours applied for:

 

            ON SALE                    OFF SALE

            None               Monday to Sunday

                                    10.00 a.m. – 8.00 p.m.

 

            Representations received:

            Police Scotland - none.

            Licensing Standards Officer - none.

            Health - none.

            Other - none.

 

There had been circulated copies of the application, proposed operating plan and floor plan.  The Licensing Standards and Enforcement Officer advised that the application was within policy and he had no concerns.  Ms Lynn Ferguson, applicant, was present and explained that she wished to increase footfall within the store by diversifying and expanding the range of goods offered.

 

DECISION

         GRANTED

 

4.2       Section 29:  Application for Variation of Premises Licences.  The Board considered the following applications for variation of Premises Licences:-

                 

           Torwoodlee Golf Club                                          Torwoodlee Golf Club

                                                                                                         Edinburgh Road

                                                                                                         GALASHIELS

                                                                                                         TD1 2NE

 

                  Amendments to operating and layout plan:-

 

·      Changes to the existing On Sale core hours:-

          Current On Sale Hours                                     Proposed On Sale Hours

     Sun to Thurs 11.00am - 11.00pm                    Sun to Wed 11.00am – midnight

     Fri & Sat 11.00am - 1.00am                             Thurs, Fri & Sat 11.00am – 1.00am

    

·           addition of a seasonal variation to read ‘Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day until 1.00am or within any other agreed Licensing Board Policy’;

·           addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include conference facilities both during and outwith core licensed hours;

·           addition to the permitted activities referred to in question 5 (columns 2 & 3) of the Operating Plan, to include gaming during core licensed hours;

·           addition to the permitted activities referred to in question 5 (column 4 – outwith core hours) of the Operating Plan, to include receptions (including weddings, funerals, birthdays, retirements etc); club or other group meetings; and  recorded music;

·           a change to the explanation as to ‘Yes’ in column 4 (outwith core hours);

·           amend the explanation of any other activities in line with the removal of Members Club status; and

·           Update the existing Children and Young Persons statement in line with the

      removal of Members Club status.

·           Amendment to layout plan showing new entrance, toilet and locker room

      arrangement.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of the application, current and proposed operating plans and floor plan.  The Licensing Standards and Enforcement Officer advised that the application was within policy and he had no concerns about the proposals which effectively made the facilities and services at the club available to non-members.  Club representative, Mr Gordon Keddie, was in attendance and spoke in support of the application.  He explained that alcohol sales had decreased significantly over recent years.  The Club now wished to diversify and offer food and toilet facilities to non-members.  He added that the Southern Upland Way route passed through the club grounds resulting in demand for the services offered.

 

DECISION

GRANTED

 

Caledonian Heritable Limited                                  The Fleece

                 1 Ettrick Terrace/7 Market Place

                                                                         SELKIRK                                           

                                                                                   

                  Amendments to operating plan, which include the following:-

·                a change to the core On and Off Sale Hours on a Sunday –

 

Current On Sale Hours                           Proposed On Sale Hours

12.30pm – 12 midnight                            11.00am – 12 midnight

 

Current Off Sale Hours                          Proposed Off Sale Hours

12.30pm – 10.00pm                                 11.00am – 10.00pm

 

·                a change to the seasonal variation to read ‘Christmas Eve, Christmas Day,

Boxing Day, New Year’s Eve and New Year’s Day open until 1.00am or within any other Licensing Board Policy’;

·             addition to the permitted activities referred to in question 5 (column 4 –     outwith core hours) of the Operating Plan, to include bar meals; receptions (including

weddings, funerals, birthdays, retirements etc); club or other group meetings; indoor/outdoor sports; and televised sport, without the sale of alcohol;

·                addition of dance facilities to the permitted activities referred to in question 5

(columns 2 and 3) of the Operating Plan;

·                a change to the explanation as to ‘Yes’ in column 4 (outwith core hours); and

·                a change to the terms and conditions of Children and Young Persons access at question 6 of the Operating Plan, to permit access until 10.00pm when dining (previously 8.00pm) and for the duration when attending a private pre-arranged function.

 

          Representations received:

          Police Scotland - none.

          Licensing Standards Officer - none.

          Health - none.

          Other - none.

 

          There had been circulated copies of the application and current and proposed operating plans. The Licensing Standards and Enforcement Officer advised that the variation requested was within policy and he had no concerns about the proposals.  Ms Tracey Ward, Designated Premises Manager was present on behalf of the applicant and explained that food sales at The Fleece had increased by over 50% in the last two and a half years.  The licence variation had been requested in order to attract more customers into the premises for food.

 

          DECISION

          GRANTED

 

          Vale of Leithen Social Club                            Vale of Leithen Social Club

                                                                                    2 Leithen Crescent

                                                                                    Innerleithen

                                                                                   

Amendments to Operating Plan:-

·           changes to the existing On Sale core hours:-

 

Current On Sale Hours                                    Proposed On Sale Hours

Sun to Wed 11.00am - 11.00pm           Sun to Wed 11.00am – midnight

Thurs 11.00am - midnight                     Thurs, Fri & Sat 11.00am  1.00am

Fri & Sat 11.00am - 1.00am

 

·           change terms of seasonal variation to read ‘Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day open until 1.00am or  within any other Licensing Board Policy’;

·           addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include Conference Facilities, Bar Meals, Theatre, Films, Indoor and Outdoor Sport, during and outwith core licensed hours;

·           addition to the permitted activities referred to in question 5 (column 4 – outwith core hours) of the Operating Plan, to include Receptions, Recorded Music, Live Performance, Dance Facilities and Televised Sports, without the sale of alcohol;

·           a change to the explanation as to ‘Yes’ in column 4 (outwith core hours);

·           the inclusion of an explanation at 5(f) regarding Other Activities; and

·           a change to the terms of Children and Young Persons Access.

 

          Representations received:

          Police Scotland - none.

          Licensing Standards Officer - none.

          Health - none.

  Other - Innerleithen & District Community Council.

 

There had been circulated copies of the application and current and proposed operating plans. There had also been circulated copies of an email from Innerleithen Community Council objecting to the extension of hours applied for.  The Licensing Standards and Enforcement Officer advised that the proposal was within policy and that the variation had been requested to bring the operating plan in alignment with demand for services.  Club Chairman Mr Paul Graham and Club Steward Mr Angus McPherson were in attendance to speak in support of the application.  It was explained that the variation had been requested to future-proof demand going forward, with the proposal to introduce food and functions in the long term.  Local organisations who used part of the premises, for example for band practice, often wanted to bring children with them.  Whilst noting the objection, Members referred to the Club as a well-used community asset and recognised that diversification was required to ensure its viability in the future.

 

          DECISION

          GRANTED

 

4.3     Section 56: Application for Occasional Licence.  The Board considered the following application for an occasional Licence:-

 

          Laurence Reid                                                MacArts Centre

                                                                                   Bridge Street 

                                                                                   Galashiels

                                                                                   

                                                                                   Sunday 2 September 2018

                                                                                   (7pm to midnight – On Sale)

                                                                                  

Representations received:

              Police Scotland - none.

              Licensing Standards Officer - none.

              Health - none.

Other – Mr & Mrs Aikman.

 

There had been circulated copies of the application for an Occasional Licence for a Heriot Watt Students Union fresher event.  Also circulated was an objection from Mr & Mrs Aikman stating the opinion that there was no need for the licence to be later than 11 pm on a Sunday, bearing in mind the venue was in a residential street.  The Licensing Standards and Enforcement Officer advised that the application was within policy and that he had no concerns.  Speaking in support of his application, Mr Laurence Reid explained that the MacArts Centre was a non commercial organisation who tried to maintain a good relationship with neighbours.  The students wanted to dress up for the event, which was part of the students’ fresher week programme.  Mr Reid pointed out that there were several other licensed premises in the vicinity that would be open until midnight and the Students Union did not believe there was any point in holding the event if it had to close an hour earlier than other venues.

 

DECISION

GRANTED

 

4.4     Section 72:  Application for Grant of Personal Licence.  The Board considered an application from Mr David Corrie for the grant of a Personal Licence.  There had been circulated copies of the application and a letter from Police Scotland confirming a conviction for a relevant offence.  The Licensing Standards and Enforcement Officer advised that the applicant had undertaken and passed the required training.  Inspector Hodges advised that the letter from Police Scotland was to clarify the conviction which Mr Corrie had declared on his application. Police were not bringing forward any other concerns.  Mr Corrie was in attendance to support his application and emphasised sincere regret for his response to an incident which occurred outside licensed premises he had no link to, resulting in the fixed penalty fine.  After discussion and consideration Members indicated their support for the application.

 

DECISION

GRANTED

 

Supporting documents:

 

CONTACT US

Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800

Email:

For more Contact Details