Agenda item

Section 29:  Applications for Variation of Premises Licence

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

         Greene King Retailing Ltd                          County Hotel

                                                                                35 High Street

                                                                       Peebles

Amendments to Operating Plan and Layout Plan:

·           Change Core Hours

Proposed On Sale                                                 Current On Sale

11.00am - 12.00midnight Sunday                         12.00pm - 12.00midnight Sunday

Proposed Off Sale                                                Current Off Sale

11.00am - 10.00pm Sunday                                 12.00pm - 10.00pm

·           Addition of outside drinking facilities during and outwith core hours and include the permitted street café permit to be part of the premises licence  

·           Amend Terms for Children and Young Persons access

Representations received:

Police Scotland - attached

Licensing Standards Officer - attached

Health - attached

Other – Scottish Borders Child Protection Committee

3.2       There had been circulated copies of the application, current operating plan and proposed operating plan.  Copies of the representations from Police Scotland, the Licensing Standards and Enforcement Officer and Scottish Borders Child Protection Committee had also been circulated.  The Licensing Standards and Enforcement Officer advised of the observations and objections regarding the proposed variation to the operating plan and layout plan with particular reference to the children and young person’s statement and proposed extension to the outside drinking area.  In his submission, he confirmed that the amendment to commence on sale of alcohol at 11am on a Sunday is within the Board’s policy. The request to add outside drinking facilities during core hours to take over part of a public footpath would require the authority of the Council’s Roads Department and no such permit had been issued for the premises.  In the event, that the applicant is granted a permit to use the outside area, he suggested that the use of the outside area should cease at 10pm.  He expressed concern that the requested changes to the terms under which Children and Young Persons should be permitted access to the premises would, if granted, allow Children and Young Persons access with an adult consuming alcohol. He referred to the Board’s Policy Statement which was clear that it was not considered appropriate for children and young persons to access premises when the main activity was the consumption of alcohol. 

3.3       Adrian Howlett, legal agent for the applicant and Nicholas Passey, the Designated Premises Manager were in attendance.  Mr Howlett advised that following discussion regarding the concerns highlighted in the representations circulated, a suggested compromise had been reached in relation to the wording of the children and young person’s statement.  He stated that Children and Young Persons would be permitted access if accompanied by an adult for the purpose of a light refreshment until 6pm, for the purpose of a meal until 10pm, or when attending a pre-arranged function for the duration of the function.

3.4       With regard to the proposal to include the outside drinking area in the on sale licensed footprint, Mr Howlett acknowledged that whilst permission had been previously granted by the Council’s Roads Department and an extension sought, the position remained outstanding.  Members raised concerns about the use of the public footpath and potential noise nuisance from patrons using the outside and there followed discussion and questions in relation to those concerns.  Mr Howlett provided assurances that the outside area would not be used until written permission had been received.  In addition, in response to the concerns regarding noise nuisance, he also stated that the terminal hour for outside drinking would be restricted to 10pm.  Members noted the upgrading of the premises reflecting the small changes to the fixed seating and matrix from the layout plan and the area that currently forms part of the premises licence.

DECISION

GRANTED

(a)   subject to amendment of the wording of the children and young person’s terms of access to the effect that both will be allowed on the premises when accompanied by an adult for the purposes of light refreshments, a meal or when attending a pre-arranged function. The times of access for both is amended to state that when attending for light refreshments only they will permitted until 6.00pm; for consumption of a meal until 10.00pm and for the full duration of any pre-arranged function; and

(b) on condition that the outside area will not be used until written permission is received from the Council’s Roads Department and the terminal hour will cease at 10.00pm.