Agenda item

Consider the following application for Occasional Licence (applicant cited to attend.)  (Copies attached.)

(c)     Section 56:  Application for Occasional Licence.  Consider     

              application for Occasional Licence:

(i)             JD Wetherspoon (Scot) Ltd                      The Bourtree

                                                                                    9- 22 October and

                                                                                  23 October – 5 November 

                                                                                   Various times in external area in

                                                                                    carpark at rear of premises

Representations received:

Police Scotland - none

Licensing Standards Officer - attached

Health - none

Other – none

There had been circulated copies of an application for the grant of occasional licences in respect of 9 – 22 October and 23 October – 5 November.  As the date had passed for the 9 – 22 October, only the application in respect of 23 October – 5 November was considered.  There had been circulated copies of a letter dated 8 October 2020 from the Licensing Standards Officer.  Mr Tunnah explained that the application referred to had been made by the applicant to licence an outdoor area within the car park at the Bourtree Place premises in Hawick.  Mr Tunnah went on to explain that due to the COVID19 pandemic, the Scottish Government had temporary restrictions in place regarding the on-sale and consumption of alcohol.  The temporary restrictions which were in place until 26 October 2020 limited the sale and consumption to outdoor areas only at licensed premises with a terminal hour of 10.00 p.m. The premises had an extensive external area forming part of the current licensed footprint adjoining their premises close to the remote area car park, detailed in the application.  The surrounding area had a mix of residential and commercial properties in the vicinity and there had been noise complaints linked to the premises in the past.  The Licensee had recently used an area in the car park without the benefit of an occasional licence and presumably by way of the off-sale facility in the premises licence which had led to complaints regarding noise, nuisance and disturbance.  Mr Tunnah further explained that there were very few licensed premises operating in the Hawick area during the period that the temporary restrictions were in place, and as such it was likely that the current external area would be in high demand with this extra area, if granted adding to that footfall with the likelihood that noise, nuisance and disturbance may result in the vicinity.  Mr Tunnah requested that, should the Board be minded to grant the application that the following condition be applied to the Licence under the Licensing Objective: Preventing Public Nuisance - to minimise the risk of disturbance or disorder in the vicinity:-

·                Adequate and appropriate SIA stewarding be in place at the external areas throughout the licensed hours with a view to lessoning the risk of noise, nuisance and disturbance and to assist with the orderly dispersal prior to the terminal hour of 10.00 p.m. and to ensure compliance with any terms and conditions set out in the temporary regulations connected to COVID 19.

The Convener welcomed Mr McSporran, Area Manager and Frank Collins, Brunton Miller Solicitors who joined via Microsoft Teams. Mr McSporran explained that he was aware of only one noise complaint and that the whole outside area would be overseen by Management.  The application for the Occasional Licence was to see the business over the COVID 19 restrictions and employing SIA Stewards would be cost restrictive.  Mr Collins explained that the Occasional Licence applied for only lasted for 2 weeks and if there was an issue with noise the Board could refuse any further applications.  The area was small and the income derived would be much less than the cost of employing SIA Stewards.  Mr Tunnah, explained that while he appreciated the difficulties the trade were experiencing, he was concerned that the area was open to the main street and staff may not have control of people turning up.  Mr McSporran disputed that the area was remote and assured the Board that staff would be collecting contact details of everyone attending.  The current area was only being used on a Friday and Saturday Night between 6 p.m. – 10 p.m. and the bar would be closed at 9 p.m.   The Licensing Team Leader requested confirmation of the hours to be covered by the Occasional Licence and Mr McSporran stated he wished to be permitted the times applied for in order to maximise business provision.

Councillor Richards, seconded by Councillor Turnbull moved that the application be

approved as submitted and without the additional condition and this was

unanimously supported by the Committee. .

       DECISION

        GRANTED the Occasional Licence as submitted.