Scottish Borders Council

Agenda item

Licensing (Scotland) Act 2005:

(i)    Section 20:  Application for Premises Licence. Consider the following applications for Provisional Grant of Premises Licence (applicants cited to attend.)  (Copies attached).

 

(a)     Scott Hunter                                           40 Bridge Street

                                                                 Kelso

                                                                 (Provisional)

       

       

        Proposed business activity – ground floor bistro/restaurant/coffee shop with table service of drinks provided by on sale facility.  No off sale requested.

        Licensed hours applied for:

 

On Sale                                                            Off Sale

        Sun to Thurs – 11.00am to 12 midnight           None

        Fri & Sat – 11.00am to 1.00am                       

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

        (b)   Whitbread Group plc                              *Premier Inn

                                                                                  Borders Gateway

                                                                                  Tweedbank Drive

                                                                                  Tweedbank

                                                                                  (Provisional)

 

        Proposed business activity – three storey hotel with accommodation, food and beverage area and association facilities. Restaurant will be open to the general public.

 

        Licensed hours applied for:

On Sale                                                            Off Sale

        Sun to Thurs – 11.00am to 12 midnight           Monday to Sun – 10.00am – 10.00pm

        Fri & Sat – 11.00am to 1.00am

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

*Note: layout plans are available for inspection in the licensing unit prior to the meeting or will be on display at the meeting

 

(ii)   Section 29:  Applications for Variation of Premises Licence. Consider the following applications for Variation of Premises Licence (applicants cited to attend.)  (Copies attached).

 

        (a)     Hawick Rugby Ltd                                               Hawick RFC Clubrooms

                                                                                      Mansfield Park

                                                                                      Mansfield Road

                                                                                      Hawick

                                                                                     

        Amendments to Operating Plan, which include the following:

 

·          a change to the core On Sale Hours –

               Current On Sale Hours                        Proposed On Sale Hours

               12.30pm – 11.00pm Sun                      11.00am – 12 midnight Sun to Wed

               11.00am – 11.00pm Mon to Thurs       11.00am – 1.00am Thurs, Fri & Sat

               11.00am – 1.00am Fri & Sat

·          a change to the core Off Sale Hours –

               Current Off Sale Hours                        Proposed Off Sale Hours

               12.30pm – 10.00pm Sun                      11.00am – 10.00pm Sun to Sat

               11.00am – 10.00pm Mon to Sat

·          the addition to the permitted activities referred to in question 5 (column 4) of the Operating Plan, to include restaurant facilities, bar meals, club or other groups meetings etc, recorded music, live performance, dance facilities, theatre, films, indoor/outdoor sports and televised sport, outwith core hours; and

·          a change to the terms/explanation at question 5(f) of the Operating Plan relating to any other activities.

 

        Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.

                       

        (b)  Selkirk RFC                                                            Selkirk RFC

                                                                                                Philiphaugh

                                                                                                Ettrickhaugh Road

                                                                                                Selkirk

 

        Amendment to Operating Plan and layout plan as follows:

·           Change on and off sale core hours to commence at 11.00am Monday to Sunday (currently 5.00pm Monday to Thursday, 11.00am Friday and Saturday and 12.30pm Sunday).

·           Change terminal core hours for on sale to 12.00midnight Sunday to Wednesday and 1.00am Thursday to Saturday (currently 11.00pm Sunday to Thursday and 1.00am Friday and Saturday).

·           Change the terms of the seasonal variation in line with the Board’s Policy over the festive period.

·           Change question 5 listed activities to include restaurant facilities, bar meals, theatre, films and outdoor drinking facilities within and outwith core hours.

·           Change question 5 existing listed activities recorded music live performances, dance facilities and televised sport to take place outwith core hours.

·           Change question 5 listed activities to include gaming within core hours.

·           Change the explanation of activities outwith core hours and amend the statement under any other activities at question 5(f)

·           Change the children and young persons access statement to permit children for the purposes of participating in or supporting any sporting activity associated with the Club until 10.00pm and for attending any pre-arranged, private function for its duration whilst accompanied by an adult and young persons at the same times and for the same reasons without the need to be accompanied.

·           Amended layout plan to include new extension within licensed footprint of the premises.

 

        Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.                 

 

Minutes:

(i)      Section 20:  Application for Premises Licence. Consider the following application for Provisional Grant of Premises Licence:

 

(a)    Scott Hunter                                             40 Bridge Street

                                                                    Kelso

                                                                    (Provisional)

       

          Proposed business activity – ground floor bistro/restaurant/coffee shop with table service of drinks provided by on sale facility.  No off sale requested.  Licensed hours applied for:

 

          On Sale                                                          Off Sale

          Sun to Thurs – 11.00am to 12 midnight         None

          Fri & Sat – 11.00am to 1.00am                     

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of an application for provisional grant of premises licence, together with the proposed Operating Plan and layout plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was to allow the premises to operate as a bistro/restaurant/coffee shop with alcoholic drinks to be served by table service within the core hours.  The Convener welcomed the applicant Mr Scott Hunter who explained that he presently owned the butcher shop and this application was an expansion of his existing business to open a café/bistro/restaurant next to his butcher shop which he considered would be an asset to the town.  Members welcomed this proposal which was in a prime location in Kelso.  There were no representations and the application was granted.

 

DECISION

GRANTED

 

(b)   Whitbread Group plc                                     Premier Inn

                                                                                  Borders Gateway

                                                                                  Tweedbank Drive

                                                                                  Tweedbank

                                                                                  (Provisional)

 

        Proposed business activity – three storey hotel with accommodation, food and beverage area and associated facilities. Restaurant would be open to the general public.  Licensed hours applied for:

 

On Sale                                                            Off Sale

        Sun to Thurs – 11.00am to 12 midnight           Monday to Sun – 10.00am – 10.00pm

        Fri & Sat – 11.00am to 1.00am

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

Other - none.

 

There had been circulated copies of an application for provisional grant of premises licence, together with the proposed Operating Plan.  The layout plans had been available for inspection in the licensing unit prior to the meeting and was on display at the meeting.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was for a proposed development of a Premier Inn in Tweedbank which was a standard hotel licence for accommodation, food and beverage area with associated facilities.  The restaurant would also be open to the general public.  In accordance with the Board’s policy, the application also proposed for the extension of on sale core hours until 1.00am on Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day.  The Convener welcomed Mr Grunert, representative for Whitbread plc, who advised that the proposed development was adjacent to Tweedbank Industrial Estate and would act as a gateway to the Borders and was near to the railway station.  The establishment would comprise of a 71 bed unit, with the core hours within the Board’s policy.  There would be very limited display areas for alcohol and would not provide an off sale facility other than for those dining at the premises who could take a bottle of wine away. The plan also proposed an outside drinking area.  Mr Grunert intimated an amendment to the operating plan to include gaming activity within core hours only.  Members were in unanimous support of the application.  There were no representations and the application was granted, subject to the amendment to the operating plan to remove gambling outwith core hours.

 

DECISION

GRANTED subject to the amendment to the operating plan.

 

(ii)   Section 29:  Applications for Variation of Premises Licence. Consider the following applications for Variation of Premises Licence

 

        (a)     Hawick Rugby Ltd                                               Hawick RFC Clubrooms

                                                                                      Mansfield Park

                                                                                      Mansfield Road

                                                                                      Hawick

                                                                                     

        Amendments to Operating Plan, which include the following:

 

·           a change to the core On Sale Hours –

               Current On Sale Hours                        Proposed On Sale Hours

               12.30pm – 11.00pm Sun                      11.00am – 12 midnight Sun to Wed

               11.00am – 11.00pm Mon to Thurs       11.00am – 1.00am Thurs, Fri & Sat

               11.00am – 1.00am Fri & Sat

·           a change to the core Off Sale Hours –

               Current Off Sale Hours                        Proposed Off Sale Hours

               12.30pm – 10.00pm Sun                      11.00am – 10.00pm Sun to Sat

               11.00am – 10.00pm Mon to Sat

·          the addition to the permitted activities referred to in question 5 (column 4) of the Operating Plan, to include restaurant facilities, bar meals, club or other groups meetings etc, recorded music, live performance, dance facilities, theatre, films, indoor/outdoor sports and televised sport, outwith core hours; and

·          a change to the terms/explanation at question 5(f) of the Operating Plan relating to any other activities.

 

        Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.

 

There had been circulated copies of an application for variation of Premises Licence, together with current and proposed Operating Plans.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence due to revisiting the operating plan which was very restrictive on activities outwith core hours.  He further advised that the plan proposed was within the policy.  The Convener welcomed Mr Anderson, the Club’s representative who confirmed that the application was to update the current Operating Plan in line with the Board’s policy statement and incorporated the amendments to the core hours.  There were no representations and the application was granted.

 

DECISION

GRANTED

 

(b)   Selkirk RFC                                                                   Selkirk RFC

                                                                                                Philiphaugh

                                                                                                Ettrickhaugh Road

                                                                                                Selkirk

 

        Amendment to Operating Plan and layout plan as follows:

·           Change on and off sale core hours to commence at 11.00am Monday to Sunday (currently 5.00pm Monday to Thursday, 11.00am Friday and Saturday and 12.30pm Sunday).

·           Change terminal core hours for on sale to 12.00midnight Sunday to Wednesday and 1.00am Thursday to Saturday (currently 11.00pm Sunday to Thursday and 1.00am Friday and Saturday).

·           Change the terms of the seasonal variation in line with the Board’s Policy over the festive period.

·           Change question 5 listed activities to include restaurant facilities, bar meals, theatre, films and outdoor drinking facilities within and outwith core hours.

·           Change question 5 existing listed activities recorded music live performances, dance facilities and televised sport to take place outwith core hours.

·           Change question 5 listed activities to include gaming within core hours.

·           Change the explanation of activities outwith core hours and amend the statement under any other activities at question 5(f)

·           Change the children and young persons access statement to permit children for the purposes of participating in or supporting any sporting activity associated with the Club until 10.00pm and for attending any pre-arranged, private function for its duration whilst accompanied by an adult and young persons at the same times and for the same reasons without the need to be accompanied.

·              Amended layout plan to include new extension within licensed footprint of the premises.

 

Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

 Other - none. 

 

There had been circulated copies of an application for variation of Premises Licence, together with current and proposed Operating Plans and layout plan.  Mr Tunnah, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence due to a review of the operating plan which was very restrictive relating to the permitted activities both during and outwith core hours.  He further advised that the proposed changes were within policy.  The Convener welcomed Mr Findlater, the Club’s representative who confirmed that the application was to update the current Operating Plan in line with the Board’s policy statement and incorporated the extended times for core hours.  This would allow opportunities to hold events such as weddings/functions, the sevens tournament, junior rugby events or funerals.  There were no representations and the application was granted.

 

DECISION

GRANTED.

 

Supporting documents:

 

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Scottish Borders Council

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Tel: 0300 100 1800

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