Minute of Meeting of the Scottish Borders Licensing

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 to obtain any further details of the circumstances of the offence. Mr Williams had been cited to attend the hearing but was not in attendance. Although the Legal and Licensing Manager advised that the Board could determine the application in his absence Members agreed that they would prefer to hear Mr Williams in person before considering his application.

DECISION AGREED to continue the application for consideration at the next meeting which the applicant should be cited to attend.

The meeting concluded at 10 a.m. SCOTTISH BORDERS LICENSING BOARD

LICENSES ISSUED UNDER DELEGATED POWERS

From 14 February to 14 March 2013

Applicant/Existing Licenceholder Type and Nature of Application Premises

Co-operative Group Food Ltd S29 Substitution of Designated Premises Manager Co-operative Group Food Ltd, Galashiels

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

Caledonian Heritable Limited S31 Substitution of Designated Premises Manager Dolphin Hotel, Eyemouth

Co-operative Group Food Ltd S31 Substitution of Designated Premises Manager Co-operative Group Food Ltd, Jewellers Wynd, Jedburgh

John Henderson S31 Substitution of Designated Premises Manager Cross Keys Inn, The Green , Ancrum, Jedburgh P/Ship of The Jedburgh Arms & Clock The Jedburgh Arms & Clock Tower Restaurant, Abbey Place, Tower Restaurant S31 Substitution of Designated Premises Manager Jedburgh

Melrose Rugby Football Club S31 Substitution of Designated Premises Manager Melrose Rugby Football Club, High Street, Melrose MacDonald Cardrona Hotel, Golf & MacDonald Cardrona Hotel, Golf & Country Club, Cardrona, Nr Country Club S31 Substitution of Designated Premises Manager Peebles

Barony Castle S31 Substitution of Designated Premises Manager Barony Castle, Eddleston, Nr Peebles

Co-operative Group Food Ltd S31 Substitution of Designated Premises Manager Co-operative Group Food Ltd, Selkirk

David Neave and Katie Neave S34 Transfer and Substitution of Premises Manager New Inn, Bridge Street, Coldingham

LT Pub Management plc S33 Transfer and Substitution of Premises Manager Horse & Hound Country Inn, Bonchester Bridge, Hawick

Alison J. Barker S33 Transfer and Substitution of Premises Manager Mosspaul Hotel, Teviothead, Hawick

John Campbell S33 Transfer and Substitution of Premises Manager The Spread Eagle Hotel, 20 High Street, Jedburgh

Alison J Barker Personal Licence - Grant N/A

1 Malcolm Johnston Personal Licence - Grant N/A

Jamie Mackie Personal Licence - Grant N/A

John Gibb Personal Licence - Grant N/A

Benjamin J Abbot Personal Licence - Grant N/A

Paul Goodwin Personal Licence - Grant N/A

Occasional Licence for Fundraising Dinner and Social Duke of Buccleuch's Foxhounds Vol Evening Village Hall, Ashkirk The Vine Trust & Berwickshire High School Vol Occasional Licence for Quiz Night Allanton Village Hall, Allanton

The Vine Trust Vol Occasional Licence for Ceilidh Dance Community Centre, Coldstream

Connect Berwickshire Vol Occasional Licence for Quiz Night Community Centre, Coldstream

Planters Voluntary Organisation Vol Occasional Licence for Ladies Charity Dinner Community Centre, Coldstream

Berwickshire Hunt Team Chase Vol Occasional Licence for Team Chase Duns Castle, Duns

Vine Trust (Peru Trip 2013) Vol Occasional Licence for Fundraising Quiz Night Primary School, Eyemouth

Lodge St Ebbe No. 70 Vol Occasional Licence for Annual British Legion Dinner Masonic Lodge, Eyemouth Our Lady & St Andrew Church & St Occasional Licence for Ceilidh Fundraising Social Margaret Shool Vol Evening St Margaret's Primary School, Galashiels

Scottish Muay Thai Council Vol Occasional Licence for Exhibition of Mauy Thai Boxing Volunteer Hall, Galashiels

Escape Youth Services Vol Occasional Licence for Fundraising Race Night Escape Youth Services, Hawick

Hawick Senior Citizens Association Vol Occasional Licence for 60s Disco Evergreen Hall, Hawick

Hawick High School Fund Vol Occasioanl Licence for Cabaret Style Concert High School, Hawick

Hawick Saxhorn Band Vol Occasional Licence for Quiz Night St Mary's & Old Parish Church, Hawick

Hawick Saxhorn Band Vol Occasional Licence for Fundraising Spring Concert St Mary's & Old Parish Church, Hawick

2 Teviothead Village Hall Vol Occasional Licence for Live Folk Music Concert Teviothead Village Hall, Hawick Occasional Licence for Annual Stock Judging The Cheviot Sheep Society Vol Competition Priesthaugh Farm, Teviothead, Hawick

Hawick Amateur Operatic Society Vol Occasional Licence for Annual Musical Production Town Hall, Hawick

Hawick Pantomine Group Vol Occasional Licence for Annual Pantomime Production Town Hall, Hawick

Trinity Primary School Parent Council Vol Occasional Licence for Quiz Night Trinity Primary School, Hawick

Escape Youth Services Vol Occasional Licence for Race Night Unit B3, 17 Commercial Road, Hawick

MacFie Hall Committee Vol Occasional Licence for Burns Night MacFie Hall, Heriot Occasional Licence for After Match Rugby Dinner and Jed Thistle RFC Vol Dance Town Hall, Jedburgh

Duke of Buccleuch's Point to Point Vol Occasional Licence for Point to Point Meeting Friarshaugh, Nr Kelso Occasional Licence for Talk on Nuclear Reactor Rxoburgh Village Committee Vol Accident Roxburgh Village Hall, Kelso

Kelso Laddies' Association Vol Occasional Licence for Live Music Concert Tait Hall, Kelso

Kelso Laddies' Association Vol Occasional Licence for Declaration Night and Dance Tait Hall, Kelso

Kelso Laddies' Association Vol Occasional Licence for Kelso Civic Week - Breakfast Tait Hall, Kelso Occasional Licence for Kelso Civic Week - Greetin Kelso Laddies' Association Vol Supper Tait Hall, Kelso

Kelso Laddies' Association Vol Occasional Licence for Kelso Civic Week - Ball Springwood Hall, Kelso

Lauder Amateur Dramatic Society Vol Occasional Licence for Amateur Dramatic Production Publick Hall, Lauder

Lauder Youth Trust Hall Vol Occasional Licence for Fundraising Quiz Night Youth Trust Hall, Lauder

Newtown Amateur Football Club Vol Occasional Licence for Animated Snail Racing Night Newtown Community Centre, Newtown St Boswells Oxton & Channelkirk Community Council Vol Occasional Licence for Live Band Oxton War Memorial Hall, Oxton

St Boswells Drama Club Vol Occasional Licence for Annual Drama Production Public Hall, St Boswells

Stow Sports Committee Vol Occasional Licence for Quiz Night Town Hall, Stow

3 Sound Out Vol Occasional Licence for Open Mic Night Town Hall, Stow

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

Duns Public Park Tennis Club Vol Occasional Licence for Quiz Night Whitesome Ark Community Centre, Whitesome

Douglas Charles Stewart PLH Occasional Licence for 18th Birthday Party Village Hall, Upper Burnmouth

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

David Cree PLH Occasional Licence for Wedding Reception Tower Farm, Cockburnspath

Michael Burns PLH Occasional Licence for Summer Festival Live Band Volunteer Hall, Duns

Michael Burns PLH Occasional Licence for Shake Feast - Family Ceilidh Volunteer Hall, Duns Occasional Licence for Marquee at Earlston 7s Rugby Graeme Darling PLH Football Tournament Rugby Football Club, Earlston

Kenneth Maybury PLH Occasional Licence for Fundraising Comedy Hypnos Volunteer Hall, Galashiels

Kevin Crawford PLH Occaional Licence for 50th Birthday Party Evergreen Hall, Hawick

John McDevitt PLH Occasional Licence for 50th Birthday Party Evergreen Hall, Hawick

Brian Smail PLH Occasional Licence for Rugby Match Hawick RFC, Hawick

Brian Smail PLH Occasional Licence for Dinner and Presentation Hawick Town Hall, Hawick

Kenneth Maybury PLH Occasional Licence for Fundraising Comedy Hypnos Hawick Town Hall, Hawick Occasional Licence for Hawick Sevens Rugby Football Graeme Darling PLH Tournament Mansfield Park, Hawick

George Wilson PLH Occasional Licence for Fundraising Live Music Night St Mary's & St David's Church, Hawick Occasional Licence for Hawick PSA Rugby Luncheon James Hume PLH and Disco W & G Sports Complex, Hawick

James Borthwick PLH Occasional Licence for Border Counties Rally Town Hall, Jedburgh

Linda Nairn PLH Occasional Licence for 40th Birthday Party Ednam Village Hall, Kelso

4 Steven Laidlaw PLH Occasional Licence for The Deer Stalking Fair Border Union Showground, Kelso

Steven Laidlaw PLH Occasional Licence for The Deer Stalking Fair Border Union Showground, Kelso Occasional Licence for Kelso Sevens Rugby Football Graeme Darling PLH Tournament Rugby Club, Kelso Occasional Licence for Kelso Sevens Rugby Football James Bell PLH Tournament Rugby Club, Kelso

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

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

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

Peter Allan PLH Occasional Licence for Wedding Reception Kelso Race Course, Kelso

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

5 Rosemary Cully PLH Occasional Licence for National Hunt Horse Racing Kelso Race Course, Kelso

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

Susan Thorburn PLH Occasional Licence for Wedding Reception The Lodge, Carfraemill, Lauder

Graeme Darling Prem Occasional Licence for Marquee for Live Entertainment Gibson Park, Melrose Occasional Licence for Marquee at Melrose 7s Rugby Graeme Darling Prem Football Tournament Gibson Park, Melrose Occasional Licence for Marquee for Rugby Football Graeme Darling Prem Tournament Playing Fields, Annay Road, Melrose

Angela McCall PLH Occasional Licence for Stock Judging Event John Swan Auction Mart, Newtown St Boswells

Rory Steel PLH Occasional Licence for Wedding Reception Aikwood Tower, Selkirk

Eric Paterson PLH Occasional Licence for Wedding Reception Victoria Hall, Selkirk

David Meek Prem Occasional Licence for 40th Birthday and Retiral Party Village Hall, Burnmouth

James Cockburn Prem Occasional Licence for Lodge St John Annual Dance Royal British Legion, Coldstream

Robin Lees Prem Occasional Licence for Spring Themed Party Volunteer Hall, Duns

Janette Richardson Prem Occasional Licence for Wedding Reception Royal British Legion, Galashiels

Janette Richardson Prem Occasional Licence for Funeral Tea Royal British Legion, Galashiels

Nicolina Fitzgerald Prem Occasional Licence for Opera Show Pavilion Cinemas, Galashiels

Nicolina Fitzgerald Prem Occasional Licence for Retirement Party Focus Centre, Galashiels

Nicolina Fitzgerald Prem Occasional Licence for 80th birthday Party Focus Centre, Galashiels

Nicolina Fitzgerald Prem Occasional Licence for Charity Ball Volunteer Hall, Galashiels

6 Nicolina Fitzgerald Prem Occasional Licence for Live Music and CD Launch Volunteer Hall, Galashiels

Douglas Tait Prem Occasional Licence for 40th Birthday Party Hawick Golf Club, Hawick

Douglas Tait Prem Occasional Licence for 39th Birthday Party Hawick Golf Club, Hawick

Allan Moffat Prem Occasional Licence for 21st Birthday Party Hawick & Wilton Cricket Club, Hawick

Kevin Fegruson Prem Occasional Licence for 40th Birthday Party Lodge St James Bura 424, Hawick

Kevin Fegruson Prem Occasional Licence for Pre Wedding Party Lodge St James Bura 424, Hawick

John Sinclair Goldie Prem Occasional Licence for Tribute Concert Hawick Burns Club, Albert Bridge, Hawick

Angus MacPherson Prem Occasional Licence for 60th Birthday Party Vale of Leithen Social Club, Innerleithen

Angus MacPherson Prem Occasional Licence for 21st Birthday Party Vale of Leithen Social Club, Innerleithen

Caja Sharkey Prem Occasional Licence for Cage Fighting & Exhibition Tait Hall, Kelso

Rona Fortune Prem Occasional Licence for Kelso Races (Dinners & Drinks) Kelso Golf Club, Kelso

Rona Fortune Prem Occasional Licence for Kelso Races Dinner Kelso Golf Club, Kelso

William Paterson Prem Occasional Licence for Cocktail Evening Bowling Club, Melrose Occasional Licence for Open Day for Melrose 7s Rugby William Paterson Prem Football Tournament Bowling Club, Melrose Occasional Licence for Marquee Bar at Melrose 7s R Andrew Eamon Prem ugby Football Tournament Rugby Football Club, Melrose Occasional Licence for Marquee at Melrose 7s Rugby Andrew Eamon Prem Football Tournament Rugby Football Club, Melrose

James Currie Prem Occasional Licence for Hen Party Rugby Football Club, Peebles

William Gordon Prem Occasional Licence for 60th Birthday Party Conservative Club, Selkirk

Ronald Dumma Prem Occasional Licence for 18th Birthday Party Cricket Club, Selkirk

Nicolina Fitzgerald Prem Occasional Licence for Wedding Victoria Hall, Selkirk

Andrew Robertson Prem Occasional Licence for 18th Birthday Party Golf Club, Selkirk

7 Elizabeth Jent Prem Occasional Licence for 40th Birthday Party West Linton Bowling Club

JD Wetherspoon (Scot) Ltd Licence for Extended Hours - Maundy Thursday Easter The Bourtree, Hawick

Robert Hope Licence for Extended Hours - Welsh Weekend Office Bar, Hawick

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