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Item No. 4 MINUTE of MEETING of the SCOTTISH BORDERS

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Item No. 4 MINUTE OF MEETING OF THE SCOTTISH BORDERS LICENSING BOARD held in Committee Rooms 2/3, Council Headquarters, Newtown St Boswells 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 SCOTLAND 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, Darnick 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, Galashiels 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
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