Minute of Meeting of the Scottish Borders Licensing

MINUTE OF MEETING OF THE SCOTTISH BORDERS LICENSING BOARD held in Committee Rooms 2/3, Council Headquarters, Newtown St Boswells on Friday, 23 August 2013 at 10.00 a.m. ______

Present:- Councillors W. Archibald (Convener), J. Greenwell, G. Logan, D. Paterson, R. Stewart, T. Weatherston. Apologies:- Councillors J. Brown, J. Campbell, B. Herd, B. White. 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 J. Scott, PC C. Lackenby.

MINUTE 1. The Minute of Meeting of 26 July 2013 had been circulated.

DECISION APPROVED and signed by the Convener.

LICENCES ISSUED UNDER DELEGATED POWERS 2. For Members’ information there had been circulated copies of a list of licences issued under delegated powers for the period 18 July – 13 August 2013.

DECISION NOTED.

LICENSING (SCOTLAND) ACT 2005: 3. (a) Section 20(1): The Board considered the following application for Grant of Provisional Premises Licence:-

(i) Co-operative Food Group Limited High Street Melrose

Operating Plan includes provision of an Off-Sale facility.

No representations had been received.

Mr Andrew Williams, Solicitor appeared on behalf of BMK Wilson the principal agents for the applicant together with a representative of the Co-operative Food Group Limited were present. Mr Williams gave Members an overview of the proposals and answered questions relating to the size of the premises and the alcohol display area which was considered to be proportionate. . DECISION GRANTED.

(b) Section 68: The Board considered the following applications for Extended Hours:-

(i) Partnership of Luigi and Paolo H2O Bar & Restaurant Crolla 88 Overhaugh Street Galashiels

8, 9 and 10 September 2013 – to accommodate music and entertainment linked to ‘Freshers Week’ for students attending the Heriot Watt University Borders Campus in Galashiels, from 12 midnight to 1.00am each evening.

There had been circulated copies of

(a) an email dated 14 August 2013 from Police Scotland. Inspector Scott advised that there had been several complaints received recently from residents in the surrounding properties in regard to the excessive noise coming from the premises and this would fall under Preventing Public Nuisance as stipulated in the Licensing objectives. The hours applied for also fell outwith the Board Policy. If the Board granted the application conditions should be applied.

(b) a letter dated 13 August 2013 from the Licensing Standards Officer (LSO). The LSO advised that the hours applied for were outwith the Board’s Policy. If the Board granted the application the following conditions should be applied (a) adequate and appropriate Stewarding should be in place with particular attention given to dispersal from the premises at the conclusion of the extended hours; (b) any music played in the first floor function room should be played via the premises sound limiter control system; and (c) a personal licence holder should be present throughout the extended hours period.

Mr Paulo Crolla was present. He confirmed he would comply with all the conditions suggested by the LSO and gave information relating to the sound monitoring system which would be the same as that which was used on a Saturday.

DECISION GRANTED subject to the following additional conditions:- (a) adequate and appropriate Stewarding should be in place with particular attention given to dispersal from the premises at the conclusion of the extended hours; (b) any music played in the first floor function room should be played via the premises sound limiter control system; and (c) a personal licence holder should be present throughout the extended hours period.

STATEMENT OF LICENSING POLICY 2013 TO 2016 – DRAFT 4. There had been circulated copies of a report by the Depute Clerk seeking approval to the draft Statement of Licensing Policy for the period November 2013 to November 2016. The report also sought authority to carry out the statutory consultation on the Statement to allow consideration of a final Statement in late November 2013. The Legal and Licensing Services Manager explained the consultation process. She also advised Members that they would be invited to a conference which the Local Licensing Forum was organising. The aim of the conference was to facilitate the licensing trade in the Borders to engage with the Forum and respond to the consultation. The Conference would be held before the closing date for the consultation period of the draft policy, thereby allowing the Licensing Forum to consider the outcomes from that event in their response to the draft policy

5. In considering the draft Policy, Members discussed the pros and cons of the Board meetings now always being held in Council HQ rather than in other towns throughout the area, and it was noted that a tour of certain licensed premises with Licensing Officers from Police Scotland was being organised for Board Members. The Legal and Licensing Services Manager answered questions in relation to home deliveries of alcohol by supermarkets.

6. In referring to paragraph 2.6.1 of the draft policy, Councillor Weatherson expressed concern at the wording relating to protecting children from harm, namely – “imposition of reasons for children, and young persons, to be present and/or accompanied by a responsible adult who shall have responsibility for, and supervise such children and young persons at all times. The Board expects that children and young persons will normally only be admitted to licensed premises for the purpose of consuming light refreshments or a meal, partaking in a relevant sporting activity or attending a pre arrangement function or event.” He felt this to be restrictive but there was no agreement to delete this from the draft and the Board would await the outcome of the consultation process.

7. With reference to the Appendix of Consultees and in particular to Consultee No. 32 – “Migrant Support Service”, Councillor Greenwell asked if this covered all ethnic minorities and the Legal and Licensing Services Manager undertook to check this.

DECISION AGREED (a) to approve the draft Statement of Licensing Policy for November 2013 – 2016;

(b) to carry out the statutory consultation on the draft Statement of Policy November 2013 – November 2016;

(c) to instruct the Clerk to bring forward a report to the November Board meeting on the outcome of the consultation; and

(d) that the Legal and Licensing Services Manager would check that all ethnic minorities were covered in the consultation process.

The meeting concluded at 10.35 a.m. ITEM NO. 5

LICENSES ISSUED UNDER DELEGATED POWERS

14 AUGUST TO 11 SEPTEMBER 2013

Applicant/Existing Licenceholder Type and Nature of Application Premises

WM Morrison Supermarkets PLC S29 Minor Variation - Reduction in Capacity of Alcohol Display Area Morrisons, Mart Street, Hawick

J D Weatherspoon S29 Change of Registered Company Address - Premises Cross Keys Hotel, Peebles.

Navojyoti Roy S31 Substitution of Designated Premises Manager Toobaz, 51 High Street, Jedburgh

Park Resorts Limited S31 Substitution of Designated Premises Manager Driftwood Bar, Eyemouth Holiday Park, Eyemouth

McLay Partners S31 Substitution of Designated Premises Manager The Spread Eagle Hotel, 20 High Street, Jedburgh

The Edinburgh Woollen Mill Ltd S31 Substitution of Designated Premises Manager Jedburgh Woollen Mill, Edinburgh Road, Jedburgh

Aramark Ltd S31 Substitution of Designated Premises Manager Refectory & Union, Borders College, Galashiels

Susan L Graham S34 Transfer and Substitution of Premises Manager Thoreterdykes Roadhouse, Rosebank Road, Hawick

Jedburgh Bowling Club S46 Provisional Premises Licence - Confirmation of Licence Jedburgh Bowling Club, Allars Mill, Jedburgh

Christopher Goodwin Personal Licence - Grant n/a

Steven Kinsella Personal Licence - Grant n/a

Olga Mazurzak Personal Licence - Grant n/a

Callum Stephen Muir Personal Licence - Grant n/a

Stephen Francis Mills Personal Licence - Grant n/a

Jamie O'Brien Personal Licence - Grant n/a

1 Linda Jane Ridley Personal Licence - Grant n/a

Michelle J Van Rooyen Personal Licence - Grant n/a

Suzanne Strang Personal Licence - Grant n/a

Gary Strathdee Personal Licence - Grant n/a

George Turner Personal Licence - Grant n/a

Michael James Watson Personal Licence - Grant n/a

Somgli Wang Personal Licence - Grant n/a

Jedforest Hunt Vol Occasional Licence for Fundraising Dance Shed, Wester Fodderlie, Bonchester Bridge

William Laidlaw Memorial Hall Vol Occasional Licence for Live Band William Laidlaw Memorial Hall, Bonchester Bridge

Flodden 1513 Club Vol Occasional Licence for Theatrical Concert Community Centre, Coldstream

Coldstream Football Club Vol Occasional Licence for East of Scotland Football Match Coldstream Football Club, Coldstream

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

Coldstream Riders Association Vol Occasional Licence for Quiz Night Community Centre, Coldstream

Duns & District Amateur Operatic Soc. Vol Occasional Licence for Theatrical Production Volunteer Hall, Duns

SBC Social Club Vol Occasional Licence for Quiz Night Volunteer Hall, Galashiels

Hawick Horse Racing Association Vol Occasional Licence for Race Meeting Mair, Hawick

Bright Eyed Daughters Vol Occasional Licence for Borderer's Return Concert Town Hall, Hawick

Two Rivers Theatre Company Vol Occasional Licence for Drama/Play Town Hall, Hawick

Teviothead Village Hall Vol Occasional Licence for Live Music Concert Teviothead Village Hall, Hawick

Upper Teviotdale Pastoral Society Vol Occasional Licence for Annual Show Falnash Farm, Teviothead, Hawick

2 MacFie Hall Committee Vol Occasional Licence for Community Sports Day Macfie Hall, Heriot

Innerleithen & District Amateur Operatic Soc.Vol Occasional Licence for Fund Day Memorial Hall, Innerleithen

Scottish Borders Walking Festival Vol Occasional Licence for Ceilidh Memorial Hall, Innerleithen

St Ronan's Primary School PTA Vol Occasional Licence for Back to School BBQ St Ronan's Primary School, Innerleithen

Jed Thistle RFC Vol Occasional Licence for Red or Black Fundraising Event Town Hall, Jedburgh

Upper Kale Water show & Sports CommitteeVol Occasional Licence for Agricultural Show Penny Muir Hall, Jedburgh

Jedforest Instrumental Band Vol Occasional Licence for Brass Band Concert Town Hall, Jedburgh

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

Kelso Country & Western Festival Vol Occasional Licence for Country Music Event Springwood Hall, Kelso

Kirkhope Parish Hall Vol Occasional .Licence for Musical evening Village Hall, Kirkhope

Channelkirk School Council Vol Occasional Licence for New Term BBQ Channelkirk Primary School, Lauder

Lauder Ex Cornets Association Vol Occasional Licence for Live Concert Public Hall, Lauder

Children's Hospice Assoc Scotland Vol Occasional Licence for Multi Activity Challenge Event - BBQ St Mary's School, Melrose

Callums Trust Vol Occasional Licence for Fundraising Ceilidh Village Hall, Midlem

Roberton Show Society Vol Occasional Licence for Annual Agricultural Show Scaurend Haugh, Roberton

Newlands Community Development Trust Vol Occasional Licence for Ceilidh Newlands Centre, Romanno Bridge

Yarrow & Ettrick Pastoral Society Vol Occasional Licence for Annual Agricultural Show Weatherhouse, Bowhill Estate, Selkirk

Yarrowford Public Hall Vol Occasional Licence for Concert Yarrowford Public Hall, Selkirk

Lyneup Amateur Dramatic Club Vol Occasional Licence for Fundraising Play Graham Institute, West Linton

3 James Young PLH Occasional Licence for 50th Birthday Party Village Hall, Broughton

David Buglass PLH Occasional Licence for Funeral Refreshments Chirnside Bowling Club, Chirnside

Ronald Anderson PLH Occasional Licence for Music Concert Village Hall, Darnick

Douglas Stewart PLH Occasional Licence for Wedding Reception Village Hall, Foulden

Richard Fitzgerald PLH Occasional Licence for Langlee Carnival Day Langlee Community Centre, Galashiels

Richard Fitzgerald PLH Occasional Licence for 30th Birthday Party Volunteer Hall, Galashiels

Richard Fitzgerald PLH Occasional Licence for Charity Evening Gala Academy, Galashiels

Robert Goudie PLH Occasional Licence for Charity Darts Exhibition Volunteer Hall, Galashiels

Steven Bell PLH Occasional Licence for 50th Birthday Party Village Hall, Gordon

Richard Fitzgerald PLH Occasional Licence for Wedding Reception Redbraes House, Greenlaw

Ann Corrie PLH Occasional Licence for Wedding Reception Town Hall, Hawick

Allan Moffat PLH Occasional Licence for Hawick & Wilton Cricket Club Fundraiser Wilton Church Hall, Hawick

James Henderson PLH Occasional Licence for Wedding Reception Corspehope Farm, Heriot

John Owen Evans PLH Occasional Licence for Bill McLaren Rugby Dinner Springwood Hall, Kelso

Peter Allan PLH Occasional Licence for Riding Club Social Evening Kelso Racecourse, Kelso

Peter Allan PLH Occasional Licence for Wedding Reception Kelso Racecourse, Kelso

Peter Ferguson PLH Occasional Licence for Music Concert Tait Hall, Kelso

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

Philip Hedley PLH Occasional Licence for Elliot Clan Gathering Redheugh Farm, Newcastleton

4 Philip Hedley PLH Occasional Licence for Elliot Clan Gathering - Ceilidh Dance Village Hall, Newcastleton

Philip Hedley PLH Occasional Licence for Annual Holm Show Show Field, Newcastleton

John Swanson PLH Occasional Licence for Wedding Dance Burgh Hall, Peebles

Douglas Stewart PLH Occasional Licence for 50th Birthday Party Village Hall, St Abbs

Douglas Stewart PLH Occasional Licence for Joint 50th Birthday Party & 25th Wedding AnniversaryVillage Hall, St Abbs

Mark Maben PLH Occasional Licence for Wedding Reception Village Hall, St Boswells

Kevin Crawford PLH Occasional Licence for Wedding Breakfast & Evening Reception Clint Lodge Guest House, St Boswells

Aileen Dyer PLH Occasional Licence for Yarrow Show Cartherhaugh, Nr Selkirk

Kevin Crawford PLH Occasional Licence for Social Evening - Vintage Car Rally Sunderland Hall, Selkirk

Kevin Crawford PLH Occasional Licence for Public Day - Vintage Car Rally Sunderland Hall, Selkirk

Kevin Crawford PLH Occasional Licence for Wedding Breakfast & Evening Reception Victoria Halls, Selkirk

Robert Goudie PLH Occasional Licence for 30th Birthday Party Village Hall, Walkerburn

Steven Bell PLH Occasional Licence for 50th Birthday Party Village Hall, Westruther

Malcolm Cooper PLH Occasional Licence for Borders Exploration Group Tea Party Town Hall, Hawick

John Henderson Prem Occasional Licence for Wedding Reception The Cross Keys, Ancrum

Christopher Young Prem Occasional Licence for Christening Party Ayton & District Bowling club, Ayton

Robin Lees Prem Occasional Licence for Funeral Wake Coldstream Community Centre, Coldstream

Dorothy Lewins Prem Occasional Licence for Commemorative Dinner Community Centre, Coldstream

Ian Thomson Prem Occasional Licence for 30th Birthday Party Torwoodlee Golf Club, Galashiels

William Smith Prem Occasional Licence for Funeral Tea Blackadder Social Club, Greenlaw

5 Angela McCall Prem Occasional Licence for Sheep Show Westruther Village Hall, Gordon

Derek Ramage Prem Occasional Licence for Social Night Angling Club, Hawick

John Goldie Prem Occasional Licence for Wedding Party Burns Club, Hawick

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

Marion Pearson Prem Occasional Licence for Hawick Summer Festival Teviotdale Bowling Club, Hawick

Angus MacPherson Prem Occasional Licence for Wedding Party Vale of Leithen Social Club, Innerleithen

Malcolm cooper Prem Occasional Licence for Games Night Town Hall, Hawick

Roddy MacKay Prem Occasional Licence for Wedding Neidpath Castle, Peebles

Richard Weatherly Prem Occasional Licence for Flodden 500 Celebrations Bowling Club, Selkirk

Kevin Armstrong Licence for Extended Hours - Surprise Birthday Party Laurel Bank Tea Room, Broughton

Alan Napier Licence for Extended Hours - Bowling Competition Union Club, Innerleithen

Bridge Leisure Management North Ltd Licence for Gaming Machine Permit Rosetta Caravan Park, Peebles

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