Scottish Borders Council

Agenda item

Section 20: Application for Premises Licence

Consider the following applications for Grant/Provisional Grant of Premises Licence (applicants cited to attend.)(Copies attached.)

 

(i)       Mosspaul Holdings Ltd                                       Mosspaul Inn

                                                                      Teviothead

                                                                      Hawick

                                                                      (Provisional)

       

        Proposed business activity - A single room office space on the ground floor of the former Mosspaul Inn to operate as a distribution point for online and telephone orders of predominately specialist wines and spirits.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        N/A                                                                        Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – representation/objection attached.

 

 

(ii)   Punjabi Grill Ltd                                                   39-41 High Street

                                                                      Hawick

                                                                      (Provisional)

       

        Proposed business activity - Ground floor bistro/restaurant premises in town centre location.  Alcohol will be generally but not exclusively sold to accompany meals for consumption on the premises.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        Sun to Wed 11.00am to midnight                         Mon to Sun 11.00am – 10.00pm

        Thurs to Sat 11.00am – 1.00am

         

Representations received:

Police Scotland - none.

Licensing Standards Officer - none

Health - none.

Other – representations/objections 1 - 2 and SBC Environmental Health - attached

 

(iii) Tweed Valley Distilling Co Ltd                           6 Caley Cottages

                                                                      Peebles

                                                                      (Provisional)

       

        Proposed business activity – end terraced cottage to be used as a dispatch point only for remote sales (internet and telephone) of the company’s alcohol products.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - attached

Licensing Standards Officer - none

Health – none

Other – none

 

 

(iv)  Bloodline Spirits Ltd                                           Unit 9

                                                                      Southpark Industrial Estate

                                                                      Peebles

                                                                      (Provisional)

       

        Proposed business activity – single storey industrial unit within a small industrial estate predominantly a commercial distillery producing craft gin.  Distillery tours, talks and demonstrations will be offered with tasting sessions.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        Mon to Sun 11.00am – 10.0pm                            Mon to Sun 10.00am – 10.00pm

       

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representation/objection attached

 

 

(v)   Oxton Community Development LtdOxton Community Shop

                                                                            Station Road

                                                                            Oxton

                                                                            (Provisional)

 

        Proposed business activity - Village convenience store (portacabin) with off sale alcohol provision situated adjacent to Village/Community Hall in Station Road, Oxton. Alcohol sales capacity 1.2m x 0.4m.

 

        Licensed hours applied for:

On Sale                                                                 Off Sale

        None                                                                      Mon to Sun 10.00am – 10.00pm

             

Representations received:

Police Scotland - attached

Licensing Standards Officer - none

Health – none

Other - none

 

Minutes:

LICENSING (SCOTLAND) ACT 2005:

                 (a)     Section 20:  Application for Variation of Premises Licence. Consider the    

                          following application for Provisional Grant of Premises Licence (applicant cited to 

                          attend). 

 

          (i)    Mosspaul Holdings Ltd                        Mosspaul Inn

                                                                                                  Teviothead

                                                                                                  Hawick                                              (Provisional)

 

Proposed business activity - Asingle room office space on the ground floor of the former Mosspaul Inn to operate as a distribution point for online and telephone orders of predominately specialist wines and spirits.

 

               Licensed hours applied for:

               On Sale                                                          Off Sale

              N/A                                                                  Mon to Sun 10.00am – 10.00pm

                        

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – representation/objection attached.

                                                                      

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan and letter of objection dated 18 March 2020.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the proposed business activity would be held within the former Mosspaul Inn and would be a distribution point for the sale of specialist wines and spirits and was within policy.  The Clerk confirmed that Members had read the letter of objection.  There were no objections from Police Scotland.  The Convener welcomed Mr Barker, Applicant who joined via Microsoft Teams. Mr Barker explained that the business was on-line sales of specialist whisky and he would be using Amazon as the main distributor.  Mr Barker explained that the access was owned by Mosspaul Inn and that the objecting Neighbour had a right of  access to his property and that there would be one courier van visiting the property at any one time.    The objector was not present.  Following discussion, Members unanimously agreed to grant the Licence.

 

              DECISION

GRANTED.

 

          DECLARATION OF INTEREST

Councillor Paterson declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Meeting during the discussion.

 

 

(ii)                Punjabi Grill Ltd                                     39-41 High Street

                                                                                Hawick

                                                                                (Provisional)

       

        Proposed business activity - Ground floor bistro/restaurant premises in town centre location.  Alcohol will be generally but not exclusively sold to accompany meals for consumption on the premises.

 

Licensed hours applied for:

On Sale                                                           Off Sale

        Sun to Wed 11.00am to midnight                   Mon to Sun 11.00am – 10.00pm

Thurs to Sat 11.00am – 1.00am

                                                                            

Representations received:

Police Scotland - none.

Licensing Standards Officer - none

Health - none.

   Other – representations/objections 1 - 3 and SBC Environmental Health – attached

 

 

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan, Layout Plan and letters of objection.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the proposed business activity was a Bistro-Restaurant where wine would be sold in the lounge bar and with meals and was within policy.  There were no representations from Police Scotland although there had been letters of objection submitted from Neighbours and Environmental Health.  The Clerk confirmed that Members had read the letters of objection and advised that the objection submitted by Environmental Health had been withdrawn.  The Convener welcomed Mr Kumar, Applicant who joined via Microsoft Teams.  Mr Kumar explained that the Bistro/Restaurant was a family run business and would be catering to families and as such would not operate past 10 p.m. Tuesday – Sunday.   Members highlighted that concerns had been raised in terms of rubbish and cigarette butts being left outside the premises by Patrons and Staff.  Mr Kumar advised that as soon as this issue had been raised he had spoken with Staff about littering and provided more outside bins.  There were no objectors present.  Following discussion, Members unanimously agreed to grant the Licence.

 

DECISION

     GRANTED.

 

(iii)             Tweed Valley Distilling Co Ltd              6 Caley Cottages

                                                                                Peebles

                                                                                (Provisional)

       

        Proposed business activity – end terraced cottage to be used as a dispatch point only for remote sales (internet and telephone) of the company’s alcohol products.

 

                 Licensed hours applied for:

On Sale                                                         Off Sale

                 None                                                             Mon to Sun 10.00am – 10.00pm

             

Representations received:

            Police Scotland - attached

          Licensing Standards Officer - none

          Health – none

          Other – none

 

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan, letter of representation from Police Scotland dated 28 July 2020 and a Security Policy.     Mr Wynne, Licensing Standards and Enforcement Officer advised that the property was occupied by Mr Glasgow and his young family.  The sales of the gin would be by phone and internet.  Police Scotland had made a representation in terms of section 22(1)(b)(iii) of the Licensing ( Scotland) Act 2005  and requested that the the following condition be imposed  on the licence – The room used for storage of alcohol pending distribution has adequate security measures in place to prevent uninvited persons, or children and Young Persons gaining access.  The Convener welcomed Mr Glasgow, Applicant who joined via Microsoft Teams.    Mr Glasgow explained that the business from the cottage was bottling and labelling of small amounts of craft gin which was manufactured elsewhere for sale via phone and internet.  Following the police concerns, Mr Glasgow had produced a security policy which covered all aspects and had been accepted by Police Scotland and advised that there would be no alcohol stored on the premises when unoccupied. Inspector McGuigan confirmed that the security policy produced by Mr Glasgow was acceptable to the Police and Members were satisfied that the application could be approved.

 

DECISION

                 GRANTED.

 

(iv)          Bloodline Spirits Ltd                              Unit 9

                                                                                Southpark Industrial Estate

                                                                                Peebles

                                                                                (Provisional)

       

        Proposed business activity – single storey industrial unit within a small industrial estate predominantly a commercial distillery producing craft gin.  Distillery tours, talks and demonstrations will be offered with tasting sessions.

 

Licensed hours applied for:

On Sale                                                         Off Sale

        Mon to Sun 11.00am – 10.0pm                    Mon to Sun 10.00am – 10.00pm

       

            Representations received:

            Police Scotland - none

            Licensing Standards Officer - none

            Health - none

            Other – representation/objection attached

 

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan and letter of objection.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the application was for Off Sales only and the premises would be licenced to allow alcohol to be dispatched from the Industrial Unit following online or telephone orders and was within policy.  Although this was the business model there may be a limited occasion when an individual, having made an order would necessitate collecting in person.  The Clerk confirmed that Members had read the letter of objection.  There were no objections from Police Scotland.  Neither the Applicant nor the Objector were present at the meeting.  Whilst the letter of objection was considered, the Committee were of the opinion that as it related to the roads infrastructure and not to licensing objectives the licence be granted.

 

DECISION

GRANTED.

 

(v)          Oxton Community Development Ltd                 Oxton Community Shop

                                                                                                    Station Road

                                                                                                    Oxton

                                                                                                    (Provisional)

 

Proposed business activity - Village convenience store (portacabin) with off sale alcohol provision situated adjacent to Village/Community Hall in Station Road, Oxton. Alcohol sales capacity 1.2m x 0.4m.

 

Licensed hours applied for:

On Sale                                                                  Off Sale

None                                                                       Mon to Sun 10.00am – 10.00pm

                     

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other - none

 

There had been circulated copies of an application for a provisional grant of a premises licence together with the proposed Operating Plan.  Mr Wynne, Licensing Standards and Enforcement Officer advised that the proposed business activity would be held within the existing portacabin and was within policy.  There were no representations and the Licence was granted. 

 

DECISION

GRANTED.

 

 

(b)    Section 29:  Application for Variation of Premises Licence.  Consider         

                applications for Variation of Premises Licence:

 

(i)     Co-operative Group Food Limited                         Co-op

                                                                                             Jewellers Wynd

                                                                                                            38 High Street

                                                                                                            Jedburgh

 

Amendment to Operating Plan:

·            Change current wording at question 5(f) to read:

‘The sale of food, non-food items and other household goods and the provision of ancillary consumer services within and outwith licensed hours.  Home deliveries may be provided to customers.  Alcohol will only be delivered in terms of and in compliance with the relevant provision of the Licensing (Scotland) Act 2005’.

 

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 Wynne, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence to bring it in line with other Co-op Stores and was within the policy.  The Convener welcomed via Microsoft Teams,  Audrey Junner from Hill Brown, the Co-op’s representative who confirmed that the application was to bring the store in line with stores across the Country and all provisions were in place.  There were no representations and the application was granted.

 

DECISION

GRANTED

 

(ii)          WM Morrison Supermarkets PLC                      Mart Street

                                                                                                Hawick

 

                 Amendment to Operating Plan:

·            Change current wording at question 5(f) to read:

Products other than alcohol will be sold and ancillary consumer services provided (including a customer café) during all or part of the period between 06:00 and 24:00 hours each day, subject to customer demand and other statutory consents where these are required. A home delivery shopping service and a click and collect service may be operated from the store.

 

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 Wynne, Licensing Standards and Enforcement Officer advised that the application was a variation to the existing licence to allow alcohol to be delivered.  The Convener welcomed Alex Green from Gosschalks Solicitors and Christopher Monaghan, Store Manager who joined the meeting via Microsoft Teams.  Mr Green advised that deliveries containing alcohol would be made between 10 a.m. and 10 p.m. and all provisions were in place including training for the drivers and identification being a requirement, the alcohol being removed should adequate identification not be provided.  There were no representations and the application was granted.

 

            DECISION

            GRANTED.

 

Supporting documents:

 

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