Scottish Borders Council

Agenda item

Licensing (Scotland) Act 2005:

Minutes:

(a)  Section 29:  Application for Variation of Premises Licences. 

      The Board considered the following applications for variation of Premises Licences:-

                 

   (i)    J D Wetherspoon (Scot) Limited                                    Hunters Hall                                                                                                               56/58 High Street

                                                                                                           Galashiels      

                                                                                                        

 

Amendments to operating and layout plan to increase occupancy capacity figure  from 394 to 594 persons (premises extending into adjacent unit).

 

    

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of the application and operating plan. The Licensing Standards and Enforcement Officer advised that he had no concerns about the proposal which was for refurbishment of the premises and expansion into an adjacent unit which was previously a retail butcher’s shop. A drawing of the proposed layout was available at the meeting for Members to examine.  J D Wetherspoon (Scot) Ltd representatives Mr Archie McIver of Brunton Miller, legal agent and MrAlexander McTrusty were in attendance to speak in support of the application.  Mr McIver explained that Hunters Hall was a well-regarded and successful outlet.  However the building required refurbishment and it was also proposed to expand the size of the premises.  There would be no change in the operating plan nor the concept of the business. There had been no adverse comments in response to a planning application which had been approved.

 

DECISION

GRANTED

 

Applications (ii), (iii) and (iv) by The Edinburgh Woollen Mill Limited

The Licensing Standards and Enforcement Officer, Mr Tunnah referred to all three applications from The Edinburgh Woollen Mill Limited, namely:-

(ii) the Edinburgh Woollen Mill, Jedburgh – off sale premises

(iii) Jedburgh Woollen Mill, Jedburgh – on and off sale premises; and

(iv) the Edinburgh Woollen Mill,  Melrose – off sale premises. 

 

He had no concerns about the proposed amendments to the licences and operating plans. Edinburgh Woollen Mill representatives Mr Niall Hassard, legal agent of TLT licensing practitionersand Ms Margaret Butkisswere in attendance to speak in support of the applications.  Mr Hassard gave an overview of his client company’s 535 stores, 60% of which were in Scotland and mostly located in tourist centres.  The range of Scottish and local products offered were gift-led and included alcohol in the form of miniatures, collectables, craft gins etc.  Within the company’s outlets there were a range of licence activities and after a due diligence review action was being taken to harmonise the licences across the client estate and allow flexibility and consistency of operations.  The extension requested for the core off-sale hours to the maximum 10 am to 10 pm was to respond to seasonal variations and provide flexibility for the tourist market e.g. for late afternoon arrival of coaches unable to purchase off sale products due to the current restricted core hours. The proposed addition of activities related to functions/receptions and appropriate music for events such as book launches, craft displays, exhibition of local products such as knitwear and promotion of specialist alcohol provided as an additional tourist attraction.

 

The following applications were then considered individually by the Board:-

 

(ii)     The Edinburgh Woollen Mill Limited                        Edinburgh Woollen Mill

                                                                        Bankend North

                                                                                    Edinburgh Road

                                                                       Jedburgh                                       

                                                                                   

                  Amendments to operating plan, as follows:-

 

·      the deletion of the Seasonal Variation;

·               addition to the permitted activities referred to in question 5 (a-e) (columns 2, 3 & 4) of the Operating Plan, to include Receptions (including weddings, funerals, birthdays, retirements etc); Club or other group meetings etc; and Live Performances, during and outwith core licensed hours;

·           a change to the explanation in question 5 (a-e), as to ‘Yes’ in column 4 – to read ‘these activities may be provided outwith core licensed hours, but no alcohol will be sold or supplied. No alcohol will be sold outwith core licensed hours’; and

·         a change to the explanation at question 5 (f) – any other activities – to read ‘the retail sale (during and outwith licensed hours) of a wide range of clothing, woollen goods, home wares, gifts and tourist items. The premises will also host events such as club meetings, parties, fashion shows, charity fundraisers and tastings. Santa’s Grotto will be available throughout the months of November and December’.

 

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.

 

DECISION

GRANTED

 

(iii)     The Edinburgh Woollen MillLimited           Jedburgh Woollen Mill

                                                                                    Bankend North

                                                                                    Edinburgh Road

                                                                        Jedburgh      

 

Amendments to the licence and operating plan as follows:-

 

·                             a change to the core On and Off Sale hours:-

 

                 Current On Sale Hours                                Proposed On Sale Hours

                 11.00am – 8.00pm Mon to Sat                    11.00am – 10.00pm Mon to Sun

                 12.30pm – 8.00pm Sun                                         

         

                 Current Off Sale Hours                               Proposed Off Sale Hours

                 10.00am – 8.00pm Mon to Sun                   10.00am – 10.00pm Mon to Sun

 

·           addition of a seasonal variation at question 4 - ‘the premises would like to take advantage of any extension that the Board may grant from time to time’;

·           addition to the permitted activities referred to in question 5 (a-e) (columns 2, 3 & 4) of the Operating Plan, to include Receptions (including weddings, funerals, birthdays, retirements etc); Club or other group meetings etc; and Live Performances, during and outwith core licensed hours;

·          a change to the explanation in question 5 (a-e), as to ‘Yes’ in column 4 – to read ‘these activities may be provided outwith core licensed hours, but no alcohol will be sold or supplied. No alcohol will be sold outwith core licensed hours’; and

·          a change to the explanation at question 5 (f) – any other activities – to read ‘the retail sale (during and outwith licensed hours) of a wide range of clothing, woollen goods, home wares, gifts and tourist items. The premises will also host  events such as club meetings, parties, fashion shows, charity fundraisers and tastings. Santa’s Grotto will be available throughout the months of November and December’.

 

         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.

 

DECISION

GRANTED

 

(iv)    The Edinburgh Woollen Mill Limited                        The Abbey Mill

                                                                                    Annay Road

                                                                                    Melrose

 

Amendments to the licence and operating plan as follows:-

 

·           a change to the core Off Sale Hours –

                  Current                                                   Proposed

                  10.00am – 6.00pm Mon to Sun             10.00am – 10.00pm Mon to Sun

 

·           addition to the permitted activities referred to in question 5 (a-e) (columns 2, 3 & 4) of the Operating Plan, to include Receptions (including weddings, funerals, birthdays, retirements etc); Club or other group meetings etc; and Live Performances, during and outwith core licensed hours;

·           a change to the explanation in question 5 (a-e), as to ‘Yes’ in column 4 – to read ‘these activities may be provided outwith core licensed hours, but no  alcohol will be sold or supplied. No alcohol will be sold outwith core licensed hours’; and

·            a change to the explanation at question 5 (f) – any other activities – to read ‘the retail sale (during and outwith licensed hours) of a wide range of clothing, woollen goods, home wares, gifts and tourist items. The premises will also host events such as club meetings, parties, fashion shows, charity fundraisers and tastings. Santa’s Grotto will be available throughout the months of November and December’.

 

 

         Representations received:

         Police Scotland - none.

         Licensing Standards Officer - none.

         Health - none.

         Other – seven objections.

 

There had been circulated copies of the application and current and proposed operating plans. There had also been circulated copies of seven objections to the application from members of the public. With reference to the objections Mr Hassardre-emphasised, that the addition of activities requested related only to low-key events on the premises such as book launches and receptions with appropriate music provided on occasion. The outlet was off-sales only so no alcohol would be consumed on the premises as part of these events.  He added that the applicant was proud of its location in Melrose and aware of the character of the neighbourhood which must be protected.  In a discussion of the application, Members took into account the objections received but also noted the assurances given by Mr Hassard about the applicant’s intentions at this outlet and their acknowledgement of the concerns raised by objectors, which he stressed would not impact in the manner perceived by them.

 

DECISION

GRANTED

 

 

            (b)  Section 68: Application for Extended Hours. 

The Licensing Standards and Enforcement Officer advised that the application from RBLS, 22 Park Street, Galashiels, for extended hours from 9.00am until 11.00am on 11 November 2018 for Remembrance Sunday had been withdrawn.

 

DECISION

NOTED

 

Supporting documents:

 

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