Agenda item

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

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

(i)         Anthony Al Khoury                                       Night Safe Bistro

                                                                                    12 High Street

                                                                                    Hawick

        Amendment to licence and operating plan:-

·          a change to the core On Sale Hours –

               Current On Sale Hours                               Proposed On Sale Hours

               12.00 noon – 12 midnight Sun                    11.00am – 12 midnight Sun

               11.00am – 11.00pm Mon to Wed               11.00am – 11.00pm Mon to Wed

               11.00am – 12 midnight 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

               None                                                            11.00am – 10.00pm Mon to Sat

·         the addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of the Operating Plan, to include live performance, both within and outwith core hours.

        Representations received:

Police Scotland - none.

Licensing Standards Officer - none.

Health - none.

        Other – Ms. D Shaw.

Section 29:  Application for Variation of Premises Licence. Consider the following application for Variation of Premises Licence (applicant cited to attend.)  (Copies attached)

(a)     Anthony Al Khoury                                  Night Safe Bistro

                                                                                    12 High Street

                                                                                    Hawick

        Amendment to licence and operating plan:-

·  a change to the core On Sale Hours –

               Current On Sale Hours                               Proposed On Sale Hours

               12.00 noon – 12 midnight Sun                    11.00am – 12 midnight Sun

               11.00am – 11.00pm Mon to Wed               11.00am – 11.00pm Mon to Wed

               11.00am – 12 midnight 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

               None                                                            11.00am – 10.00pm Mon to Sat

·  the addition to the permitted activities referred to in question 5 (columns 2, 3 & 4) of  the Operating Plan, to include live performance, both within and outwith core hours.

There had been circulated copies of an application for the variation of premises licence.    Mr Tunnah, Licensing Standards and Enforcement Officer explained that the premises, which had previously been a Bank was a sit in restaurant, however during lockdown had been unable to operate as the operating plan attached to its licence did not allow for alcohol to be sold as off sale with the takeaway food service.  Following discussion with the Licensing Standards and Enforcement Officer, Mr Khoury had decided to update his operating plan and had included live music which was what had raised the objection from Mr and Mrs Shaw.  There were no changes to how the business would be operated.  The Police had no comments.  There had been one objection received from Mr and Mrs Shaw who occupied the residential premises above the restaurant.

The Convener welcomed Mr Khoury, Applicant and Mr Shaw, Objector to the meeting via Microsoft Teams.  Mr Khoury explained that under his current operating plan, he was unable to sell alcohol with takeaway food.  Mr Khoury was therefore updating his operating plan which included Live Music, should he wish to provide live music in the future, there was currently recorded music which was included in the operating plan.

Mr Shaw explained that on discussion with Mr Khoury, he had advised that there would be no live music and that was all well and good, however Mr and Mrs Shaw were concerned that should Mr Khoury change his mind or the premises change hands there would be no recourse.  Mr Shaw went onto advise that alterations had recently been carried out at the restaurant, which included the removal of the false ceiling, resulting in noise carrying up to the premises above, which he felt would increase should live music be allowed.  Mr Shaw confirmed that he did not have an objection to the application per se but only to the possibility of live music being provided.   

Mr Khoury confirmed that the false ceiling had been removed and that sound proofing had been installed.  Following considerable discussion, Mr Khoury agreed to remove the request for Live Music and the Committee unanimously agreed to grant on that condition.

DECISION

GRANTED as amended that the request of live music be removed.