Agenda item

3.1       Section 20:  Applications for Variation of Premises Licence

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

        

(a)    Bojangles Wedding Ltd                                                        Netherbyres House

                                                                                                        Eyemouth

                                                                                                        (Provisional)

Licensed hours applied for:

On Sale                                                                                    Off Sale

Sunday to Wednesday  11.00am – 12.00midnight                 None

Thursday to Saturday  11.00am – 1.00am

 

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 the application was for a provisional Premises Licence to use the premises for weddings and corporate events.  Alistair MacDonald, legal agent for the applicant and Michael Morgan the owner of the premises were present and explained that the recent care home Netherbyres House had been converted into a family home and should the Premises Licence be granted they would be able to offer the premises for weddings and corporate events.

 

DECISION

GRANTED.

 

(b)    Martin Baird Butchers Ltd                                            Martin Baird Butchers Ltd

                                                                                                 2-4 Market Square

                                                                                                 Melrose

                                                                                                 (Provisional)

Licensed hours applied for:

On Sale                                                                             Off Sale

None                                                                                 Monday to Sunday

                                                                                          10.00am – 8.00pm

 

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 the application was for a provisional Premises Licence to introduce the sale of a range of alcohol in the butcher shop. The applicant, Mr. Baird was present and explained that, if granted, there would be a small supply of wines and spirits for sale to complement the produce he currently sells.

 

DECISION

GRANTED.   

 

(c)    Cater Leisure Services Ltd                                                   Refresh Cafe

                                                                                                        Wilton Lodge Park

                                                                                                        Hawick

                                                                                                        (Provisional)

Licensed hours applied for:

On Sale                                                                                    Off Sale

Monday to Sunday  11.00am – 11.00pm                                None

                                                                                                  

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 the application was for a provisional Premises Licence to offer the sale of a range of alcohol within the new café/restaurant at Wilton Park in Hawick.  Julie Maguire, legal agent for the applicant and Ms Taylor, the manageress were present and explained that the café type premises in the Wilton Lodge Park offered a wide range of hot and cold meals, snacks, and if granted, to offer the sale of alcohol and cater for events on the premises within the core hours.  Children would be allowed access when accompanied by an appropriate adult for the purposes of dining or partaking snacks or beverages or attending a pre-arranged private function.

 

DECISION

GRANTED.

 

(d)    Chun Kui Kwan                                                                      Market Kitchen

                                                                                                        52 Horsemarket

                                                                                                        Kelso

                                                                                                        (Provisional)

Licensed hours applied for:

On Sale                                                                                    Off Sale

Monday to Sunday  11.00am – 12.00midnight                       None

Friday and Saturday 11.00

                                                                                                  

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 the application was for a provisional Premises Licence to allow the sale of a range of alcohol.  Mr Kwan was present and explained that, if granted, the restaurant would serve alcohol by table service only.

 

DECISION

GRANTED.   

 

3.2       Section 29: Application for Variation of Premises Licence

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

 

(a)    Marmions (Scotland) Co Ltd                                                Marmions Brasserie

                                                                                                        5 Buccluech Street

                                                                                                        Melrose

                                                                                                       

Amendments to Premises Licence, operating and layout plan as follows:

 

·         change to the core On and Off Sale Hours:

         Current On Sale Hours                   Proposed On Sale Hours

         11.00am – 11.00pm Mon to Sat     11.00am – 12 midnight Mon to

         12.30pm – 11.00pm Sun                Sun

          

         Current Off Sale Hours                   Proposed Off Sale Hours

         12.30pm – 10.00pm                        11.00am – 10.00pm

 

·         addition to existing Christmas Eve and New Year’s Eve seasonal variation to include Christmas Day, Boxing Day and New Year’s Day until 1.00am or within any other Licensing Board Policy;

·         addition to activities to include club or other group meetings, live performances and dance facilities to be provided both during and outwith core hours

·         addition to activities to include gaming, indoor/outdoor sports and televised sports during core hours

·         amended explanation in relation to the additional activities to take place outwith core hours

·         amended wording in relation to any activities other than those listed and proposed to take place on the premises

·         amendment to the children and young person’s statement in relation to the terms, times and parts of the premises access will be permitted, to allow accompanied children for the duration when partaking in light refreshments or a meal and when attending a pre-arranged function with Young Persons for the same reasons and duration but without the requirement to be accompanied

·         Increase in seating capacity from 50 to 110 people

·         amendment to description in Premises Licence to include function room

 

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 the application was for a variation of the existing provisional Premises Licence to offer the sale alcohol.  The applicant, Eyup Kurt was present and explained that the business would be expanding into the wine theatre to operate as a small venue to accommodate bus, wedding and funeral parties.  

 

DECISION

GRANTED.

(b)   Iceland Foods Ltd                                                                  Iceland Foods Ltd

                                                                                                        33/34 High Street

                                                                                                        Galashiels

 

       Amendments to operating and layout plan* as follows:

 

·      change to core Off Sale Hours:

     Current Off Sale Hours                             Proposed Off Sale Hours

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

    

     remove reference to seasonal variation at question 4;

·      addition to the permitted activities referred to in question 5 (a-e) (columns 2, 3 & 4) of the Operating Plan, to include Recorded Music during and outwith core licensed hours;

·      change to explanation in question 5 (a-e), as to ‘Yes’ in column 4 – to read ‘sale of groceries, including fresh and frozen foods and other non-food items to be provided both within and outwith the core licensing hours. But not before 7.00am or after 11.00pm. Activities outwith core licensed hours may occur as ancillary’;

·      change to explanation at question 5 (f) – any other activities – to read ‘the sale of alcohol by retail consumption off the premises is ancillary to the sale of groceries and other non-food items. The above shall include deliveries made using our home delivery and ecommerce services, subject to compliance with Sections 119 and 120 of the Licensing (Scotland) Act 2005. The premises will also, on occasion, be used to launch new products, have product sampling and food tasting events and host ‘family friendly’ membership evenings’; and

·      reduction in capacity of alcohol display area (from 6.6 m² to 4.4 m²).

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

      

(c)   Iceland Foods Ltd                                                                  Iceland Foods Ltd

                                                                                                        43 Victoria Road

                                                                                                        Hawick

                   

       Amendments to operating and layout plan* as follows:

 

·      a change to the core Off Sale Hours:

Current Off Sale Hours                                    Proposed Off Sale Hours

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

         

                 remove reference to seasonal variation at question 4;

·      addition to the permitted activities referred to in question 5 (a-e) (columns 2, 3 & 4) of the Operating Plan, to include Recorded Music during and outwith core licensed hours;

·      change to explanation in question 5 (a-e), as to ‘Yes’ in column 4 – to read ‘sale of groceries, including fresh and frozen foods and other non-food items to be provided both within and outwith the core licensing hours. But not before 7.00am or after 11.00pm. Activities outwith core licensed hours may occur as ancillary’;

·      change to explanation at question 5 (f) – any other activities – to read ‘the sale of alcohol by retail consumption off the premises is ancillary to the sale of groceries and other non-food items. The above shall include deliveries made using our home delivery and ecommerce services, subject to compliance with Sections 119 and 120 of the Licensing (Scotland) Act 2005. The premises will also, on occasion, be used to launch new products, have product sampling and food tasting events and host ‘family friendly’ membership evenings’; and

·      reduction in capacity of alcohol display area (from 11 m² to 6.6 m²).

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other – none.

 

       There had been circulated copies of the Application and operating plan for both stores in Galashiels and Hawick.  The Licensing Standards and Enforcement Officer advised that the application was for a variation of the existing provisional Premises Licence to extend the core hours from 8.00pm to 10.00pm.  Niall Hassard, legal agent for the applicant and a representative for the applicant were present and explained that this would bring consistency within both stores.

 

DECISION

GRANTED.