Item No. 4

MINUTE OF MEETING OF THE LICENSING BOARD held in Committee Rooms 2/3, Council Headquarters, Newtown on Friday, 25 October 2013 at 10.00 a.m. ______

Present:- Councillors W. Archibald (Convener), J. Brown, J. Greenwell, G. Logan, B. Herd, D. Paterson, T. Weatherston, B. White. Apologies:- Councillors J. Campbell, R. Stewart. In Attendance:- Mrs. A. Isles, Legal and Licensing Services Manager, J. Wilson, Licensing Team Leader, K. Mason, Democratic Services Officer, I. Tunnah, Licensing Standards Officer, Inspector M. Wynne, PC C. Lackenby, PC P. Robertson.

ANNUAL REPORT – CHIEF CONSTABLE POLICE 1, There had been circulated copies of the Annual Report by the Chief Constable, Police Scotland. The Legal and Licensing Services Manager advised that the Chief Constable had a statutory duty to provide a report to the Board on an annual basis. Inspector M. Wynne was present on behalf of the Licensing Inspector. In responding to questions raised by Councillor Weatherston in relation to protecting children from harm as had been reported in the Jedburgh and Kelso area, PC Lackenby advised that anti social behavior had been identified during the summer of 2012. This had been dealt with by local integration officers based in schools and an improvement had been seen. Police Officers agreed to keep Members informed if a similar situation arose in the future. It was noted that Test Purchasing was now intelligence led. Previously large media campaigns had made licence holders aware of when test purchases were taking place in certain towns but it was noted that it was unsustainable to carry on doing this and also the volume of test purchase failures did not merit such campaigns. Members raised concerns regarding the low number of test purchases carried out as detailed in the report summary, however, the Licensing Standards Officer clarified that whilst the report stated that 7 test purchases had been conducted these exercises had involved a total of 65 premises.

DECISION NOTED the report.

MINUTE 2. The Minute of Meeting of 20 September 2013 had been circulated.

DECISION APPROVED and signed by the Convener.

3. With reference to paragraph 3 of the Minute, the Legal and Licensing Services Manager confirmed that future applications for occasional licences for events to be held in school premises where it was proposed children would be in attendance, normally evening events, would continue to be dealt with under Delegated Powers (only applications for school fund raising events held during the day would be referred to the Board for determination).

DECISION NOTED.

LICENCES ISSUED UNDER DELEGATED POWERS 4. For Members’ information there had been circulated copies of a list of licences issued under delegated powers for the period 12 September – 11 October 2013.

DECISION NOTED. LICENSING (SCOTLAND) ACT 2005: 5. (a) Section 33: The Board considered the following application for Transfer and Variation of Premises Licence:-

(i) Transfer Arthur Smith to The Waverley Bar The Waverley Bar Limited 78 High Street Hawick (ii) Variation The Waverley Bar Limited The Waverley Bar 78 High Street Hawick

Amendments to Operating Plan: change to the commencement of On and Off Sale core hours on a Sunday to 11.00am (currently 12.30pm); inclusion of a Seasonal Variation; inclusion of bar meals, snacks and coffee/tea provision in the bar area; and inclusion of information in the other activities section regarding the pub football team.

No representations had been received.

Mr Keith Murray, Messrs Andrew Haddon & Crowe was present on behalf of the applicant and gave information relating to the transfer and variation.

DECISION GRANTED.

(b) Section 83: The Board considered notification of relevant offence in respect of Mr Gareth Connolly, the holder of a Personal Licence. The Legal and Licensing Services Manager advised that consideration had been continued from the last meeting because of Mr. Connolly’s non-appearance owing to him having relocated and he had only recently received the communication sent to him requesting his attendance at the Board meeting in September. The Legal and Licensing Services Manager advised that despite re-citing Mr Connolly, he had not intimated his intention not to appear at the hearing in person. She advised the Board that it was competent to consider the matter in Mr Connolly’s absence and the options available to them.

DECISION AGREED that’s Mr Gareth Connolly’s Personal Licence be suspended for 4 weeks with immediate effect.

URGENT BUSINESS 6. Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Convener was of the opinion that the items dealt with in the following paragraphs should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed and make an early decision.

LICENSING (SCOTLAND) ACT 2005: 7. Section 68: Extended Hours – Festive Season The Legal and Licensing Services Manager referred to the Board’s policy in relation to licensing hours through the Festive Season and advised that Christmas fell on a Wednesday this year. During discussion it was noted that normal Board Policy hours on Tuesdays and Wednesdays was midnight and an extra hour extension over the festive period was incorporated into several Premises Operating Plans. DECISION AGREED (a) that Extended Hours could be applied for until 1.00 a.m. on Christmas Eve, Christmas Day, Hogmanay, and New Years Day, (24, 25, 31 December 2013, and 1 January 2014); and

(b) that in relation to Nightclub venues, Extended Hours could be applied for until 2.00 a.m. on Christmas Eve, Christmas Day, Hogmanay, and New Years Day, (24, 25, 31 December 2013, and 1 January 2014).

JOINT MEETING – LICENSING BOARD/LOCAL LICENSING FORUM 8. Members discussed possible dates for the annual joint meeting of the Licensing Board and the Local Licensing Forum.

DECISION AGREED that the joint meeting of the Licensing Board and the Local Licensing Forum would be held at 4.00 p.m. on Wednesday 11 December 2013.

PRIVATE BUSINESS 9. DECISION AGREED that under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.”

LICENSING (SCOTLAND) ACT 2005 10. Section 74. The Board considered an application for Grant of Personal Licence in respect of which the applicant, Mr Frank McFarlane had been convicted of a relevant offence.

AGREED to continue consideration of the application to a future meeting of the Licensing Board.

The meeting concluded at 10.45 a.m. SCOTTISH BORDERS LICENSING BOARD

LICENSES ISSUED UNDER DELEGATED POWERS

14 OCTOBER - 14 NOVEMBER 2013

Applicant/Existing Licenceholder Type and Nature of Application Premises

Peebles Hotel Hydropathic Limited S29 Variation and Substitution of Designated Premises Manager Park Hotel, Peebles

Caledonian Heritable Limited S31 Substitution of Designated Premises Manager The Black Swan Hotel, Kelso

Sainsbury's Supermarket Limited S29 Minor Variation (Reduction in Alcohol Display Area) Sainsbury Store, Kelso

LT Pub Management plc S33 Transfer of Premises Licence Horse and Hound Country Inn, Bonchester Bridge

Anthony Mitchell Personal Licence - Grant n/a

Blane W Turner Personal Licence - Grant n/a

James Edward Ovenden Personal Licence - Grant n/a

James Gault Personal Licence - Grant n/a

Kerem Berktin Personal Licence - Grant n/a

Michael Turnbull Personal Licence - Grant n/a

Patrick McGlone Personal Licence - Grant n/a

Samantha Anne Hutchison Personal Licence - Grant n/a

Valerie Carrick Personal Licence - Grant n/a

Victoria Myers Personal Licence - Grant n/a

Sharon Dickson Personal Licence - Grant n/a

1 Christopher P Grindell Personal Licence - Grant n/a

Stuart Smith Personal Licence - Refresher n/a

Sally E Carroll Vol Occasional Licence for Concert Cockburnspath Village Hall, Cockburnspath

James Easton Vol Occasional Licence for Football Match Coldstream Football Club, Coldstream

Christopher M Faldon Vol Occasional Licence for Quiz & Music Night Village Hall,

Vivien Geoghegan Vol Occasional Licence for Quiz Night Village Hall, Darnick

Melrose Waverley Tennis Club Vol Occasional Licence for Quiz Night Village Hall, Darnick

Denholm Folk Festival Vol Occasional Licence for Folk Festival Village Hall, Denholm

Duns Players Vol Occasional Licence for 40's Themed Fundraising Evening Volunteer Hall, Duns

Duns Players Vol Occasional Licence for Social Gather after Armistice Parade Volunteer Hall, Duns

A Heart for Duns Vol Occasional Licence for Film Night showing "War Horse" Volunteer Hall, Duns

Friends of Eyemouth Primary School Vol Occasional Licence for Quiz Night Primary School, Eyemouth

Sick Kids Friends Foundation Vol Occasional Licence for Ceilidh Primary School, Eyemouth

Ex Braw Lads & Lasses Association Vol Occasional Licence for Fancy Dress and Band Night Focus Centre,

Gavinton Village Hall Association Vol Occasional Licence for Silent Auction Village Hall, Gavinton

Borders Exploration Group Vol Occasional Licence for Quiz Night Catholic Church, Hawick

Linda A Falconer Vol Occasional Licence for Film Showing and Indian Buffet Night Southdean Village Hall, Hawick

Action Medical Research Vol Occasional Licence for Fashion Show St Mary's & David's Church Hall, Hawick

William Laidlaw Memorial Hall Vol Occasional Licence for St Andrew's Day Concert William Laidlaw Memorial Hall, Hawick

Jethart Ex-Callants Association Vol Occasional Licence for Race Night Town Hall, Jedburgh

Longformacus Village Improvement Com Vol Occasional Licence for Scottish Country Dance Village Hall, Longformacus

2 Kelso Football Club Vol Occasional Licence for Football Match Kelso Football Club, Kelso

Kelso Football Club Vol Occasional Licence for Football Match Kelso Football Club, Kelso

Kelso Amateur Dramatic Society Vol Occasional Licence for Annual Production Tait Hall, Kelso

Lodge Kelso & Tweed No 58 Vol Occasional Licence for Annual General Meeting Tait Hall, Kelso

Lodge Kelso & Tweed No 58 Vol Occasional Licence for Monthly Meeting Masonic Lodge, Kelso

Lodge Kelso & Tweed No 58 Vol Occasional Licence for Monthly Meeting Masonic Lodge, Kelso

Stichill Village Hall Committee Vol Occasional Licence for St Andrew's Night Dance Stichill Village Hall, Kelso

Buccleuch Foxhounds Vol Occasional Licence for Hunt Dinner Smailholm Village Hall, Kelso

Kelso Football Club Vol Occasional Licence for Halloween Party Football Club, Kelso

Gibson Park Playgroup Vol Occasional Licence for Christmas Shopping evening Corn Exchange, Melrose

The Copshaw Common Riding CommitteeVol Occasional Licence for Traditional Burns Supper with Comedy Village Hall, Newcastleton

The Copshaw Common Riding CommitteeVol Occasional Licence for Disco Village Hall, Newcastleton

Channelkirk Parent Council Vol Occasional Licence for Clothes Party Memorial Hall, Oxton

The Treefest Partnership - C Sawers Vol Occasional Licence for Tweed Valley Forest Festival Tweed Green, Peebles

Roberton Show Society Vol Occasional Licence for Ceilidh Forman Memorial Hall, Roberton

Roxburgh Village Hall Committee Vol Occasional Licence for Bonfire & Fireworks Night Village Hall, Roxburgh

The Haining Charitable Trust Vol Occasional Licence for Christmas Craft Fayre The Haining, Selkirk

Boston Memorial Hall Association Vol Occasional Licence for Formal Dinner Boston Hall, Ettrick, Selkirk

Berwickshire High School PTA Vol Occasional Licence for PTA Quiz Whitsome Ark, Whitsome

Friends of Yarrow Vol Occasional Licence for Beetle Drive Village Hall, Yarrow

Friends of Yarrow Vol Occasional Licence for Christmas Fayre Village Hall, Yarrow

3 Yetholm Border Shepherds Show Vol Occasional Licence for 150th Celebration Dinner The Wauchope Hall, Yetholm

John McDonald PLH Occasional Licence for St Andrew's Day Ceilidh Village Hall,

Richard J Fitzgerald PLH Occasional Licence for 40th Birthday Party Village Hall, Darnick

John R Irvine PLH Occasional Licence for Market Stall Eckford Village Hall, Eckford

Richard J Fitzgerald PLH Occasional Licence for Opera Showing Pavilion Cinemas, Galashiels

Richard J Fitzgerald PLH Occasional Licence for Opera Showing Pavilion Cinemas, Galashiels

Richard J Fitzgerald PLH Occasional Licence for Bryan Adams Tribute Band Langlee Community Centre, Galashiels

Alexander Lindsay PLH Occasional Licence for Christmas Craft Fayre Volunteer Hall, Galashiels

Jacqueline Powolny PLH Occasional Licence for Concert W & G Sports Complex, Former Old Baths, Hawick

George Wilson PLH Occasional Licence for Live Band Catholic Church Hall, Hawick

Norman Irvine PLH Occasional Licence for Live Band Conservative Club, Hawick

Harry G Hogg PLH Occasional Licence for Stars in Your Eyes Town Hall, Jedburgh

James Henderson PLH Occasional Licence for Musical Opera Evening Tait Hall, Kelso

Michael Burns PLH Occasional Licence for 21st Birthday Party Tait Hall, Kelso

Mark Hay PLH Occasional Licence for RFC Mini Rugby Dinner Dance Springwood Park, Kelso

Rosemary Cully PLH Occasional Licence for National Hunt Horse Racing Kelso Racecourse, Kelso

Graeme Darling PLH Occasional Licence for National Hunt Horse Racing Kelso Racecourse, Kelso

James Hettrick PLH Occasional Licence for National Hunt Horse Racing Kelso Racecourse, Kelso

Peter Allan PLH Occasional Licence for National Hunt Horse Racing Kelso Racecourse, Kelso

Suzanne Strang PLH Occasional Licence for Wedding Reception Marquee, Thirlestane Castle, Lauder

4 Philip Hedley PLH Occasional Licence for Elvis Tribute Night Village Hall, Newcastleton

Kathleen Innes PLH Occasional Licence for Concert Burgh Hall, Peebles

Kathleen Innes PLH Occasional Licence for Ceilidh Burgh Hall, Peebles

Douglas Stewart PLH Occasional Licence for 40th Birthday Party Village Hall, Reston

David C J Seez PLH Occasional Licence for Sports Day & Fun BBQ Newlands Centre, Romanno Bridge

Eric Paterson PLH Occasional Licence for Quiz Night Victoria Halls, Selkirk

Robert Wilson PLH Occasional Licence for Masonic Meeting and Dinner Town Hall, Stow

Donald Moffat PLH Occasional Licence for 50th Birthday Party Village Hall, Westruther

Steven Bell PLH Occasional Licence for Wedding Reception Village Hall, Westruther

Barry Green Prem Occasional Licence for Christening Party Volunteer Hall, Galashiels

Janette Richardson Prem Occasional Licence for Juniors Marching Parade RBLS, Galashiels

Robert Cleland Prem Occasional Licence for 21st Birthday Party RYMC, Galashiels

Robert Cleland Prem Occasional Licence for Harriers Presentation Evening RYMC, Galashiels

Allan Moffat Prem Occasional Licence for Leaving Party Hawick & Wilton Cricket Club, Hawick

Brian Smail Prem Occasional Licence for Halloween Party Hawick YMRFC, Hawick

Kevin Ferguson Prem Occasional Licence for Ex-serviceman Social Night Lodge St James Bura 424, Hawick

Kevin Ferguson Prem Occasional Licence for Mill Dominoes & Disco Lodge St James Bura 424, Hawick

Kevin Ferguson Prem Occasional Licence for 50th Birthday Party & Disco Lodge St James Bura 424, Hawick

John Oliver Prem Occasional Licence for Charity Harmony Music Night The Border Club, Hawick

Malcolm Cooper Prem Occasional Licence for Ceilidh Ball Fundraiser Town Hall, Hawick

5 John Taylor Prem Occasional Licence for Presidents Dinner - Jedburgh Rotary Club Bowling Club, Jedburgh

John O Evans Prem Occasional Licence for Bon Jovi Tribute Night Jedforest Rugby Club, Jedburgh

Norman Anderson Prem Occasional Licence for Charity Quiz Night Kelso Rugby Football Club, Kelso

Norman Anderson Prem Occasional Licence for Party Kelso Rugby Football Club, Kelso

William Gordon Prem Occasional Licence for 18th Birthday Party Conservative Club, Selkirk

William Gordon Prem Occasional Licence for Christening Party Conservative Club, Selkirk

David P Butterfield Prem Occasional Licence for Quiz Night Indoor Bowling Club, Tweedbank

Elizabeth Jent Prem Occasional Licence for Linton Hotspurs FC Evening West Linton Bowling Club, West Linton

Elizabeth Jent Prem Occasional Licence for Charity Quiz Night West Linton Bowling Club, West Linton

Notes: Transfers S33 - transfer by current licensee S34 - transfer by new licensee

Occasional Licences - Categories of Applicant PLH - Personal Licence Holder Prem - Premises Licence Holder Vol - Voluntary Organisation

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