Scottish Borders Council

Agenda item

Section 29: Application for Variation of Premises Licence

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

 

(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

 

 

 

(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

 

(iii)          Punch Partnership Ltd   Besom Inn

                                                                                        75-77 High Street

                                                                                         Coldstream

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours:

Bar meals; receptions; club meetings; recorded music; live performance; dance; gaming; indoor/outdoor sport; tv sport

  • Include outside drinking during and outwith core hours
  • Ament further information – activities for breakfast may commence before core hours but not before 8.00am and column 4 activities (outwith core hours) will be ancillary
  • Amend question 6(e) to children and young persons will be allowed access to the dining areas, toilets, outside areas and the function room
  • Addition of outside drinking areas
  • Addition of carry out food facility

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

 

 

(iv)          Verdant Leisure 2 Ltd     Scoutscroft Holiday Centre

                                                                                        St Abbs Road

                                                                                         Coldingham

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours: bar meals; receptions; live performance;

and gaming outwith core hours

  • Amend seasonal variation: the premises may take advantage of any general extension granted by the Board in terms of its Policy
  • Include Off Sale capacity of 10m²
  • Addition of shop within main building and reconfiguration of unlicensed Family Entertainment Centre
  • Change description of premises to: detached holiday complex in a small busy rural village comprising of 2 public bars – one with external patio area, both with attached lounges, one restaurant area and a small shop

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representations/objections 1-14 attached

 

Minutes:

PUBLIC BUSINESS

 

7.      Section 29:  Applications for Variation of Premises Licence.

 

(ii)             Punch Partnership Ltd                                           Besom Inn

                                                                                                75-77 High Street

                                                                                                Coldstream

 

Amendments to Operating Plan and Layout Plan:

·       Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)

·      Include following activities outwith core hours:

Bar meals; receptions; club meetings; recorded music; live performance; dance; gaming; indoor/outdoor sport; tv sport

·      Include outside drinking during and outwith core hours

·      Ament further information – activities for breakfast may commence before core hours but not before 8.00am and column 4 activities (outwith core hours) will be ancillary

·      Amend question 6(e) to children and young persons will be allowed access to the dining areas, toilets, outside areas and the function room

·      Addition of outside drinking areas

·      Addition of carry out food facility

 

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 up to date following a recent re-furbishment and it was within policy.  There were no representations and Mr McDougal, solicitor from TLT representing the applicant provided an overview of the basis for the application.  Following a brief discussion members were content that the application be granted.

 

DECISION

GRANTED

 

(iii)      Verdant Leisure 2 Ltd                                    Scoutscroft Holiday Park

                                                                                        St Abbs Road

                                                                                         Coldingham

 

            Amendments to Operating Plan and Layout Plan:

  • Amend On Sale and Off Sales opening hours on Sunday to commence at 11.00am    (currently 12.30pm)
  • Include following activities outwith core hours: bar meals; receptions; live performance; and gaming outwith core hours
  • Amend seasonal variation: the premises may take advantage of any general extension granted by the Board in terms of its Policy
  • Include Off Sale capacity of 10m²
  • Addition of shop within main building and reconfiguration of unlicensed Family Entertainment Centre
  • Change description of premises to: detached holiday complex in a small busy rural village comprising of 2 public bars – one with external patio area, both with attached lounges, one restaurant area and a small shop

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – representations/objections 1-14 attached

 

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 up to date to include On Sales and Off Sales and was within policy.  The Clerk confirmed that the Board had read the letters of objection received.

The Convener welcomed via Microsoft Teams, Mr McDougall - TLT Solicitor, Karen Hampshire – Holiday Park Manager, Mr McKie, Legal Agent, Anderson Strathern representing Kay Barnes and Kay Barnes - Resident and objector. 

 

Mr McDougall explained that the holiday park consisted of 150 holiday homes and had been in existence for 30 yrs, being taken over by Verdant Leisure 2 years previously.  A high level of refurbishment had been undertaken and at least 20 local people were employed at the Holiday Park.  There were no objections from Environmental Health and the main theme of the objections were planning and traffic matters and not Licensing matters.  The possibility of the proposed on site shop competing with the Village Shop was again not a licensing matter.  The Holiday Park was not trying to stop Patrons using the Village Shop but was merely responding to feedback from their Patrons.  Mr McDougall went on to explain that the Holiday Park employed a Day Manager and an Evening Manager and police had not been called to the Holiday Park in relation to Licensing matters.  Mr McDougall confirmed that there was an annual 2 day event held for fundraising purposes which was organised with the locals to minimise disruption.  Mr McDougall advised that the application was modest and within Licensing objectives. The Manager had been very disappointed and surprised to hear of the complaints and concerns raised by the Objectors and was keen to work with the Community to resolve the concerns raised.

 

Mr McKie on behalf of Kay Barnes advised that his client lived in the closest residential property to the premises and had been subjected to increasing amounts of anti-social behaviour from the operators, occupiers and patrons of the holiday park and requested that the Board refuse the application.  Mr McKie went on to describe numerous outdoor discos and karaoke events focused on the patio area, with excessive noise levels, unsupervised drinking and possible underage drinking taking place.  This had seriously affected the amenity of the Objector’s home and the village more generally.  The police had been called out on many occasions and should have kept accurate records of the unacceptable conduct.  In Mrs Barnes opinion the premises lacked proper management and supervision and the absence of an onsite manager seriously exacerbated this.  Mr McKie alleged that the Applicant had not complied with its existing Premises Licence and Operating Plan and this was a matter that the Board should investigate immediately and initiate a statutory review.  The application to vary the Licence would, in his opinion lead to an exacerbation of this unacceptable conduct and misbehaviour.  Mr McKie doubted that the Applicant had adequate planning permission for all the activities currently being undertaken.  In terms of the objectors Mr McKie stated that these were all separate complaints and would have liked the opportunity to speak to the Board.  In the Objectors opinion the site had changed completely since Verdant Leisure had taken over with the installation of Glamping pods and many Community events being held there i.e. Birthday Parties and Celebrations and fundamentally  the premises lacked effective management and control.  

 

Ms Barnes objected to the application in terms of the grounds of refusal under Section 23(5) of The Licensing (Scotland) Act 2005 (“2005 Act”).  The Clerk then sought clarity from McKie with regard to his submission that the Board should be carrying out a statutory review of the applicant’s existing licence. In particular, the clerk enquired if McKie, on behalf of his client was seeking a review under Section 36 of the 2005 Act. Upon checking with his client, Mr McKie confirmed that he was.

 

The Meeting was then adjourned in order to enable the Board to consider whether to continue to determine the application before it or continue consideration of the application to a later date following a review. 

 

The meeting adjourned at 12.45 p.m. and reconvened at 13.05 p.m.

 

The Clerk explained to the parties the nature of the Board’s discussion during the adjournment and that it had considered that as there was a formal process for lodging and considering review applications then it could only consider the application that was currently before it. Following discussion, Mr McKie on behalf of Ms Barnes and Mr McDougall on behalf of the applicant were invited to make final submissions.

 

Members were of the opinion that as there had not been any complaints received with regard to the premises a review of the premises licence was inappropriate.  Councillor Weatherson, seconded by Councillor Brown moved that the application be granted.

 

DECISION

GRANTED.

 

Supporting documents:

 

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