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:
- Item No. 7(a)(i) - Mosspaul Inn (Office), Teviothead, Hawick - Application, item 6. PDF 152 KB
- Item No. 7(a)(i) - Mosspaul Inn (Office), Teviothead, Hawick - Operating Plan, item 6. PDF 348 KB
- Item No.7(a)(i) - Mosspaul Inn (Office), Teviothead, Hawick - Layout Plan (Provisional), item 6. PDF 302 KB
- Item No. 7(a)(i) - Mosspaul Inn (Office), Teviothead, Hawick - Objection 1, item 6. PDF 94 KB
- Item No. 7(a)(ii) - Punjabi Grill High Street Hawick - Application, item 6. PDF 201 KB
- Item No. 7(a)(ii) - Punjabi Grill High Street Hawick - Operating Plan, item 6. PDF 1 MB
- Item No. 7(a)(ii) - Punjabi Grill Ltd - Punjabi Grill, Hawick - Layout Plan (Provisional), item 6. PDF 2 MB
- Item No. 7(a)(ii) - Punjabi Grill Ltd - Punjabi Grill, Hawick - EH Email, item 6. PDF 179 KB
- Item No. 7(a)(ii) - Punjabi Grill Ltd - Punjabi Grill, Hawick - Objection 1, item 6. PDF 228 KB
- Item No. 7(a)(ii) - Punjabi Grill Ltd - Punjabi Grill, Hawick - Objection 2, item 6. PDF 763 KB
- Item No. 7(a)(iii) - Tweed Valley Distillery - Application, item 6. PDF 638 KB
- Item No. 7(a)(iii) - Tweed Valley Distillery - Operating Plan, item 6. PDF 370 KB
- Item No. 7(a)(iii) - Tweed Valley Distillery - Plans, item 6. PDF 81 KB
- Item No. 7(a)(iii) - Tweed Valley Distilling Co - Security Policy, item 6. PDF 762 KB
- Item No. 7(a)(iii) - Tweed Valley Distilling Co - Police Reps, item 6. PDF 93 KB
- Item No. 7(a)(iv) - Bloodline Spirits Ltd - Application, item 6. PDF 186 KB
- Item No. 7(a)(iv) - Bloodline Spirits Ltd - Operating Plan, item 6. PDF 201 KB
- Item No. 7(a)(iv) - Bloodline Spirits Ltd - Plan, item 6. PDF 178 KB
- Item No. 7(a)(iv) - Bloodline Spirits - Objection, item 6. PDF 146 KB
- Item No. 7(a)(v) - Oxton Community Shop - Provisional - Application, item 6. PDF 421 KB
- Item No. 7(a)(v) - Oxton Community Shop - Provisional - Operating Plan, item 6. PDF 448 KB
- Item No. 7(a)(v)- Oxton Community Shop - Provisional - Plan (002), item 6. PDF 14 KB