Item No. 4 (a) MINUTE OF MEETING OF THE SCOTTISH BORDERS LICENSING BOARD held in the Council Chamber, Council Headquarters, Newtown St Boswells on Friday, 15 February 2013 at 10.30 a.m. _________ Present:- Councillors W. Archibald (Convener), J. Brown, J. Campbell, J. Greenwell, B. Herd, G. Logan, D. Paterson, T. Weatherston. Apologies:- Councillors R. Stewart, B. White. Councillor M. Ballantyne (Convener – Local Licensing Forum). In Attendance:- Mr. I. Wilkie (Clerk to the Licensing Board), Mrs. A. Isles (Legal and Licensing Services Manager), J. Wilson (Licensing Team Leader), K Mason (Democratic Services Officer), E. Murray (Community Safety Policy Officer), Ian Tunnah (Licensing Standards Officer), Inspector J. Scott, PC C. Lackenby (Lothian and Borders Police), S. Walker (Drug and Alcohol Development Officer, NHS Borders). SCOTTISH BORDERS ALCOHOL PROFILE 1. The Convener welcomed everyone to the meeting. He congratulated the Forum and all those involved on their hard work in compiling the Scottish Borders Alcohol Profile. 2. By means of a powerpoint presentation Mrs S. Walker, Drug and Alcohol Development Officer, NHS Borders advised that in spring 2012 the Local Licensing Forum had identified the task and an Alcohol Data Project Group had been formed and the scope was agreed. There had been a period of data gathering followed by an analysis of data to enable the profile to be presented to this meeting of the Licensing Board. Statistical information was provided relating to:- (a) the number of licensed premises together with a breakdown of the type of premises within the Scottish Borders; (b) Police Antisocial Behaviour Incidents from April 2011 – April 2012; (c) information relating to securing public safety from Lothian and Borders Fire and Rescue Service for 2011/12; and (d) information from NHS Borders on alcohol related emergency department attendances by day of week from June to October 2012. 3. Under the Licensing (Scotland) Act 2005 as amended (“the Act”), Police, Health Boards and Local Authorities had a duty to provide statistical information to support the development of licensing policy by the Licensing Board and the Alcohol Profile sought to provide the Licensing Board with relevant data related to the five licensing objectives referred to in the Act to inform and strengthen the licensing policy in line with the policy review and to allow informed decision making. The recommendations to the Licensing Board which the Forum believed were derived from the Borders Alcohol Profile were: (a) that the Licensing Board accepts the information provided within the Alcohol Profile and considers the level of alcohol-related harm in Scottish Borders when formulating Licensing Policy and local decisions; (b) that local policy should consider the overall supply of alcohol in the Borders as well as individual premises due to the changes in patterns of purchasing from off-sales; (c) that the Licensing Board considers the high rates and timing of alcohol related antisocial behaviour Police incidents within Hawick, Kelso and Galashiels when formulating over provision statement; (d) that Licensing policy should consider the impact of the late opening hours and impact on frontline services as a result of alcohol being available after midnight; (e) that the Licensing Board considers whether child centered events, are appropriate events for the sale of alcohol though occasional licences; (f) and that the Licensing Board to report to the Local Licensing Forum if this first Alcohol Profile has been helpful and if data should continue to be monitored and reported on. 4. There then followed detailed discussions and Officers answered questions relating to the ingathering of information for the Profile. In response to a question raised by Councillor Campbell about statistical information relating to young people having consumed alcohol, the Community Safety Policy Officer undertook to provide Councillor Campbell with a copy of the National Survey. Councillor Greenwell in referring to the protecting children from harm objective indicated another paragraph with solutions would have been gratefully received. S. Walker advised that this could be built upon by using statistics from Face to Face, a local charity who worked with this group. DECISION AGREED to note the recommendations contained within the Scottish Borders Alcohol Profile, February 2013 and further consider the matter as part of the ongoing review of the Statement of Licensing Policy. The meeting concluded at 11.45 a.m. Item No. 4(b) MINUTE OF MEETING OF THE SCOTTISH BORDERS LICENSING BOARD held in Committee Rooms 2/3, Council Headquarters, Newtown St Boswells on Friday, 22 February 2013 at 9.30 a.m. _________ Present:- Councillors J. Brown, J. Campbell, J. Greenwell, B. Herd G. Logan, R. Stewart, T. Weatherston, B. White. Apology:- Councillors W. Archibald, D. Paterson In Attendance:- Mrs. A. Isles, Legal and Licensing Services Manager, J. Wilson, Licensing Team Leader, F. Walling, Democratic Services Officer, Ian Tunnah, Licensing Standards Officer, Temporary Inspector K. Harris, PC G. Forsyth, PC C. Lackenby, Lothian and Borders Police. OPENING REMARKS 1. In the absence of the Convener the Legal and Licensing Services Manager welcomed those present and asked for nominations for a Member to chair the meeting. Councillor Weatherston, seconded by Councillor Greenwell, moved that Councillor Logan be appointed as Convener for the meeting. Councillor Herd, seconded by Councillor Stewart, moved that Councillor Brown be appointed. VOTE On a show of hands Members voted as follows:- Councillor Logan 3 votes Councillor Brown 5 votes Councillor Brown was duly elected as Convener for the meeting. DECISION NOTED. 2. The Legal and Licensing Services Manager drew attention to the fact that this would be the last meeting that PC Forsyth would attend in his official capacity, and wished to record the Board’s thanks to him. She added that PC Forsyth had worked within the Licensing Section for 10 years and the Board had benefited from his knowledge and experience over that time, particularly appreciating his guidance during the recent transition period. Councillor Logan added his thanks and Members showed their appreciation. DECISION AGREED to record the Scottish Borders Licensing Board’s thanks to PC Forsyth. MINUTE 3. The Minute of Meeting of 25 January 2013 had been circulated. DECISION APPROVED and signed by the Convener. LICENCES ISSUED UNDER DELEGATED POWERS 4. For Members’ information there had been circulated a list of licences issued under delegated powers for the period 18 January 2013 to 13 February 2013. The Legal and Licensing Services Manager advised that Members should contact the Licensing Team Leader should there be any further information required about any of those listed. DECISION NOTED. APPLICATION FEES 5. There had been circulated copies of a table of fees showing, where applicable, proposed increases in fees. Indicated within the list were those fees that were set as fixed by the Scottish Government and those which were at maximum level as fixed by the Scottish Government. The proposed increase in those fees which were open to revision were increased by an amount that was related to the amount of work involved in their processing and following the recommendations of the Council’s accountants. Members noted that the proposed increases in fees were moderate but agreed that, from an applicant’s viewpoint, regular moderate increases were likely to be preferable to occasional but significant increases. DECISION AGREED the proposed increase in fees as indicated in the Fee Table presented to the meeting. LICENSING (SCOTLAND) ACT 2005 6. (a) Section 20(1): The Board considered the following application for Grant of Provisional premises Licence:- (i) Night Safe Bistro (Hawick) Night Safe Bistro Limited 12 High Street Hawick Operating Plan includes provision of on sale facility. There had been circulated copies of a letter of objection from Donna Shaw. Ms Shaw was neither present nor represented at the meeting, but the Legal and Licensing Services Manager drew attention to the grounds of objection outlined in her letter. Ms Shaw was concerned on the grounds of public safety, public nuisance and overprovision of licensed premises. She believed that every element of the business, including the removal of waste, would have to be carried out from the front of the building. She maintained that there was no provision for smokers and that there would be loss of amenity through additional noise. Mr Wilson, a Director of the applicant company, was present at the meeting and provided an overview of the proposed operation of the premises. He answered to Members’ satisfaction questions relating to the specific concerns raised by the objector. The Licensing Standards Officer confirmed that he had no issues relating to the proposed operation of the premises. DECISION GRANTED. (b) Section 74: Determination of Personal Licence Application. (1) The Board considered an application for Grant of a Personal Licence for David G. A. Williams. There had been circulated copies of a letter dated 29 January 2013 from Lothian and Borders Police advising that David G. A Williams had been convicted of a foreign offence which he failed to disclose. PC Lackenby advised that Mr Williams had received a Conditional Discharge for 2 years, and £75.00 costs at East Dorset Magistrates Court on 11 June 2010, the offence being Fraud and Kindred Offences (Benefit Fraud) x 4. Lothian and Borders Police had been unable