Agenda item
Section 37: Review of Premises Licences
- Meeting of Scottish Borders Licensing Board, Friday, 14th December, 2018 10.00 am (Item 4.)
- View the background to item 4.
Minutes:
The Board carried out a review of the following Premises Licences on the basis that each of them was in breach of a condition to which the licences were subject namely Mandatory condition 10 of Schedule 3 to the Act, failure to pay the annual fee as required by regulation made under the terms of Section 136 of the Act.
(a) Allan Ramsay Hotel, Carlops
The Licensing Standards and Enforcement Officer advised that the business had ceased trading and the Premises Licence had now been paid. A letter had been received from Mrs Ramsay explaining the reason for the delay in making payment and asked if the matter could be dealt with in her absence.
DECISION
(a) NOTED that the outstanding fee had been paid.
(b) AGREED that a written warning be hand delivered.
(b) Glentress Hotel, Innerleithen Road, Peebles
The Licensing Standards and Enforcement Officer advised that the fee had been paid and the premises had ceased trading. A representative, Mr Bony, was present who explained that the hotel was being sold. As Mr Bony was in attendance the Board were content that a verbal warning be given and Mr Bony acknowledged the warning accordingly.
DECISION
NOTED that the outstanding fee had been paid.
(c) Craw Inn, Auchencrow
The Licensing Standards and Enforcement Officer advised that the fee had been paid and there had been no other communication. There was no one present at the meeting and it was agreed that a warning letter would be hand delivered to assess the situation.
DECISION
(a) NOTED that the outstanding fee had been paid.
(b) AGREED that a written warning be hand delivered.
(d) Cross Keys, Greenlaw
The Licensing Standards and Enforcement Officer advised that the fee was still outstanding but the premises had appeared to have stopped trading with no response to any communication.
DECISION
AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(e) Naba Tandoori, 8-10 Market Place, Eyemouth
The Licensing Standards and Enforcement Officer advised the fee is still outstanding with no response to any communication and the premises were still trading.
DECISION
AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(f) Heatherlie House Hotel, Heatherlie Park, Selkirk
The Licensing Standards and Enforcement Officer advised the fees from this year and last year were still outstanding and the premises had ceased trading.
DECISION
AGREED that the Premises Licence be revoked with immediate effect.
(g) New Happy Gathering Chinese, 31 West Port, Selkirk
The Licensing Standards and Enforcement Officer advised the fee was still outstanding. Mr Zheng was present and explained that there had been a misunderstanding and would pay the fee today.
DECISION
AGREED
(a) to accept the payment of the fee today; and
(b) that a written warning be issued with a view to ensuring that Mr Zheng fully understood the importance of paying the annual fee and the consequences of failing to do so.
(h) Selkirk Football Club, Yarrow Park, Selkirk
The Licensing Standards and Enforcement Officer advised the fee was still outstanding and no correspondence had been received.
DECISION
AGREED that the Premises Licence be suspended with effect from 12 noon on Fiday 21 December 2018.
(i) High Level Bar, 11 Green Terrace, Hawick
The Licensing Standards and Enforcement Officer advised the fee was still outstanding and the bar was closed.
DECISION
AGREED that the Premises Licence be revoked with immediate effect.
(j) Stags Head Bar, 13 Drumlanrig Square, Hawick
The Licensing Standards and Enforcement Officer advised the fee was still outstanding and the bar was closed. It was undertstood that the current owner was endeavouring to sell the premises and therefore any revocation could hinder any future sale. In the circumstances the Board considered that a suspension may be more appropriate.
DECISION
AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(k) The Taste of Bengal, 4 Station Buildings, Hawick
The Licensing Standards and Enforcement Officer advised the fee was still outstanding and they appear to still be trading. Despite numerous attempts, no response had been received from any communication.
DECISION
AGREED that the Premises Licence be suspended with effect from 12 noon on Friday 21 December 2018.
(l) Fletchers, Hillside Terrace, Selkirk
The Licensing Standards and Enforcement Officer advised the fee was still outstanding for a second year. It was understood that the premises were still trading but were not selling alcohol.
DECISION
AGREED that the Premises Licence be revoked with immediate effect.
Supporting documents:
- Item No. 6(c) - Unpaid Annual Fees Report - 14 Dec 2018, item 4. PDF 93 KB
- Item No. 6(c) - App A and B Unpaid annual fees 14 Dec 2018, item 4. PDF 153 KB