Agenda item

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

(i)      Sainsbury’s SL Limited                                      Sainsbury’s Store

                                                                      Commercial Road

                                                                      Hawick

                                                                      TD9 7AW

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include restaurant facilities, recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, eg dry cleaners, shoe repair facilities.

The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

        Other – none

(ii)   Sainsbury’s SL Limited                                       Sainsbury’s Store

                                                                      Pinnaclehill Industrial Estate

                                                                      Kelso

                                                                             TD5 8AW

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

            ‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm. The restaurant/café may open from 7am to provide breakfasts etc’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, eg dry cleaners, shoe repair facilities.

        The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

        Other – none

(iii)   Sainsbury’s SL Limited                                     Sainsbury’s Store

                                                                      38 Northgate

                                                                      Peebles

                                                                      EH45 8RS

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, eg dry cleaners, shoe repair facilities.

  The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

   Police Scotland - none

   Licensing Standards Officer - none

   Health - none

           Other - none

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

There had been received three section 29 applications from Sainsbury’s SL Limited and Mr Wynne explained that as all of the applications were requesting the same changes to the operating plan without objections they could be considered collectively. 

Mr Kirk advised that Niall Hassard, Legal Director TLT was unable to attend the meeting due to a meeting conflict and had submitted a written statement which had been circulated to the Board prior to the meeting.  The statement explained that during a recent review of 100+ premises licences for all the Scottish supermarket and local convenience stores, it became apparent that, over time, whether through grandfather rights or organic growth of the estate the core premises licence permissions varied significantly between Boards and moreover some stores’ licences even varied within the same Board area.  Sainbury’s were therefore seeking to vary all Sainsbury’s licences and to future proof elsewhere e.g. to ensure the ever-growing delivery business had been picked up within the operating plan.  The application for variation  amended the description for continuity with other stores; added recorded music and live performance (to cover those ad hoc seasonal activities); identified general retail may occur outwith licensed hours but not normally before 7am or post 11pm; confirmed the position around home deliveries in line with the 2005 Act and the wording of other activities was widened to capture activities which may happen in some stores from time to time e.g. sampling or product launches.  There was no change to the alcohol provision and the variations were simply to address ancillary matters covered by the licence.

(i)      Sainsbury’s SL Limited                                      Sainsbury’s Store

                                                                      Commercial Road

                                                                      Hawick

                                                                      TD9 7AW

            Amendments to the Operating Plan to include the following:-

·      Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include restaurant facilities, recorded music and live performances both within and outwith core hours;

·        Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·           Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, e.g. dry cleaners, shoe repair facilities.

The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

         Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

       Other – none

(ii)   Sainsbury’s SL Limited                                       Sainsbury’s Store

                                                                      Pinnaclehill Industrial Estate

                                                                      Kelso

                                                                             TD5 8AW

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

            ‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm. The restaurant/café may open from 7am to provide breakfasts etc’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, e.g. dry cleaners, shoe repair facilities.

        The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

Police Scotland - none

Licensing Standards Officer - none

Health - none

        Other – none

(iii)   Sainsbury’s SL Limited                                     Sainsbury’s Store

                                                                      38 Northgate

                                                                      Peebles

                                                                      EH45 8RS

            Amendments to the Operating Plan to include the following:-

·    Q.5 - the addition to the permitted activities (columns 2, 3 & 4) of the Operating Plan, to include recorded music and live performances both within and outwith core hours;

·    Q.5 – reference Column 4, the additional information box, add the following wording:-

‘Recorded background and live performances (see below) may occur outwith core hours as ancillary to the general retail sale of groceries and other non-food items. General retail sales will also occur outwith the core licensed hours, but not normally before 7am or after 11pm’; and

·    Q.5(f) any other activities – be amended to read:-

‘The sale of alcohol, groceries and other non-food items which occurs from the premises includes fulfilment of remote orders by home delivery and or “click and collect”, subject to compliance with sections 119 and 120 of the Licensing (Scotland) Act 2005 as amended, or such law that may be enforced from time to time.

The reference to live performances above is purely to capture very occasional fundraising events where there may be a performance element such as carol singers during the festive season.

Parts of the premises may be operated by a third party concessions, e.g. dry cleaners, shoe repair facilities.

  The premises may also, on occasion, be used to launch new products, have product sampling/tasting events and host community and charity events or events in conjunction with third party partners’.

        Representations received:

   Police Scotland - none

   Licensing Standards Officer - none

   Health - none

   Other - none

DECISION

GRANTED.

It was highlighted that the increasing numbers of Omicron variant curtailing social gatherings would impact on the Licence Trade, which may result in businesses being unable to pay their Annual Fees.

DECISION

NOTED.