Scottish Borders Council

Agenda item

Licensing (Scotland) Act 2005:

Minutes:

Section 29: Application for Variation of Premises Licence.  Consider the following applications for Variation of Premises Licence.

There had been received ten section 29 applications from Co-operative Group Food Limited and Mr Wynne explained that as many of the applications were requesting the same changes to the operating plan without objections they could be considered collectively.  Members considered applications (i) – (vi) which were requesting amendments to question 5(f) together, applications  (viii) to (x) which were requesting amendments to question 5(f) and background music together  and application vii) on its own as, , a letter of objection had been received.  The Chair confirmed with members that they had read the letter of objection received.

(i)      Co-operative Group Food Limited

        Co-op

        Station Yard

        Newtown St Boswells

        TD6 0PP

 

Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none 

 

(ii)     Co-operative Group Food Limited

        Co-op

        High Street

        Melrose

        TD6 9RU

 

                 Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

 

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none       

 

(iii)      Co-operative Group Food Limited

         Co-op

          Melrose Road

         Earlston

         TD4 6DL

                   

                 Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none       

 

(iv)         Co-operative Group Food Limited

            Co-op

            Peebles Road

            Innerleithen

            EH44 6QZ

           

Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

          

(v)          Co-operative Group Food Limited

            Co-op

            34 High Street

            Coldstream

            TD12 4AS

       

  Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

   

 

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

  

(vi)      Co-operative Group Food Limited

          Co-op

         26/28 Roxburgh Street

         Kelso

         TD5 7DH

 

Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – none

 

 

 

(vii)           Co-operative Group Food Limited

Co-op

21-23 Main Street

West Linton

EH46 7EE                                                      

 

                 Amendment to question 5(f) (any other activities) of the operating plan 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health – none

Other – Mrs M Smith

 

(viii)      Co-operative Group Food Limited

Co-op

1 Edinburgh Road

Lauder

TD2 6TW

   

Amendments to the operating plan, which include the following:-

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

 

·           the addition of wording (relating to home deliveries) in question 5(f) (any other activities) of the operating plan to now 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other - none

 

(ix)            Co-operative Group Food Limited

Co-op

70 High Street

Selkirk

TD7 4DD                                                     

 

Amendments to the operating plan, which include the following:-

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

 

·           the addition of wording (relating to home deliveries) in question 5(f) (any other activities) of the operating plan to now 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 provisions of the Licensing (Scotland) Act 2005’.

         

Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

Other – none

 

(x)             Co-operative Group Food Limited

Co-op

Main Street

Chirnside

TD11 3XR

                                                                     

Amendments to the operating plan, which include the following:-

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

 

·           the addition of wording (relating to home deliveries) in question 5(f) (any other activities) of the operating plan to now 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 provisions 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 applications to vary the premises license, together with the current Operating plan and the proposed Operating plan from the Co-operative Group Food Limited.  Mr Wynne, Licensing Standards Officer advised that the applications (i) – (x) included the inclusion of alcohol with home delivery services in terms of and in compliance with the relevant provisions of the Licensing (Scotland) Act 2005.  Furthermore, applications (viii) – (x) included applications for the broadcast of background music in store.  The Convener welcomed Eilidh McGuire, Co-operative Group Food Limited.  Ms McGuire explained that home deliveries had been undertaken across Scotland and the applications were to bring their stores in the Borders in line with their national practices, Ms McGuire emphasised that the application was compliant with the provisions of the Licensing (Scotland) Act 2005 and that Challenge 25 procedures were in use.  Ms McGuire explained procedures for Co-op alcohol deliveries clarifying that alcohol products were only delivered in-person and that  alcohol would never be ‘in a safe place’ if a customer was not present for the delivery.  It was further explained that all Co-op delivery drivers received a mandatory two-hour licensing training with the same provisions being required of third-party delivery drivers.

 

There had been an objection received in respect of application (vii), which raised concern about the possibility of increased deliveries causing traffic jams within the village.  Ms McGuire acknowledged the concerns raised and re-assured the Board that adjusting the operating plan would not result in increased deliveries.  It was noted that the West Linton store was smaller and would only have the capacity for a comparatively limited number of deliveries, however the Co-op felt obliged to extend this service to the West Linton store.  It was anticipated that orders would predominantly be made from elderly customers or people that would normally drive thereby contributing to congestion at the store.  Ms McGuire further explained that deliveries would be made from existing store stock.

Following discussion, Members agreed that including alcohol with the home delivery service was reasonable and noted that expansion of the home delivery service would relieve workload from community support and resilience groups who would make deliveries for people who could not easily make it into stores.  Responding to a question regarding the availability of drivers that were trained, Ms McGuire explained that as all available staff required licensing training the Co-op were satisfied that relief drivers would be suitable for alcohol deliveries.

 

DECISION

GRANTED.

 

Supporting documents:

 

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