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210323 Clackmannanshire Licensing Board Agenda

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210323 Clackmannanshire Licensing Board Agenda NOTICE OF MEETING 15 March 2021 A MEETING of the CLACKMANNANSHIRE LICENSING BOARD will be held Via MS Teams, on TUESDAY 23 MARCH 2021 at 9.30 am. LINDSAY THOMSON Clerk to the Clackmannanshire Licensing Board Page No 1. Apologies - - 2. Declarations of Interest - - Elected Members are reminded of their obligation to declare any financial or non-financial interest which they may have in any item on this agenda in accordance with the Councillors' Code of Conduct. A Declaration of Interest Form should be completed and passed to the Committee Services Officer. 3. Confirm minutes of Clackmannanshire Licensing Board held 05 on 3 December 2020 (Copy herewith) 4. Licensing (Scotland) Act 2005: (i) Applications for Personal Licences – Granted Under Delegated 09 Powers (For Information only) (Copy herewith) (ii) Applications for Personal Licence Renewal (With Refresher 13 Training) – Granted Under Delegated Powers (For Information only) (Copy herewith) (iii) Applications for Personal Licence Refresher Training – Granted 15 Under Delegated Powers (For Information only) (Copy herewith) (iv) Applications for Variation of Licence (Minor) – Granted Under 17 Delegated Powers (For Information only) (Copy herewith) Partnership & Performance, Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa, FK10 1EB (Tel 01259 452106/452004) (Email: [email protected]) (Web: www.clacks.gov.uk) 1 Page No 5. Licensing (Scotland) Act 2005 – Revocation of Personal Licence(s) – Revoke List of Personal Licence Holders who have failed to notify 19 Clackmannanshire Licensing Board of the completion of the mandatory 5 year Refresher Training (Copy herewith) 6. Licensing (Scotland) Act 2005 – Premises Ceasing to be used 23 for the Sale of Alcohol - Licensing Standards Officer Report (copy attached) Premises: Little Greens Alloa, 1 Mill Road, Alloa 7. AOCB -- Partnership & Performance, Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa, FK10 1EB (Tel 01259 452106/452004) (Email: [email protected]) (Web: www.clacks.gov.uk) 2 Clackmannanshire Licensing Board – Board Members 9 (Quorum 5) Councillors Wards Councillor Kenneth Earle (Convenor) 4 Clackmannanshire South LAB Councillor Mike Watson (Vice Convenor) 3 Clackmannanshire Central CONS Councillor Martha Benny 2 Clackmannanshire North CONS Councillor Dave Clark 2 Clackmannanshire North LAB Councillor Helen Lewis 2 Clackmannanshire North SNP Councillor George Matchett, QPM 1 Clackmannanshire West LAB Councillor Tina Murphy 1 Clackmannanshire West SNP Councillor Les Sharp 1 Clackmannanshire West SNP Vacancy The quorum for the Board by virtue of Schedule 1 paragraph 12(1) of the Licensing (Scotland) Act 2005 is 5 members Updated April 2019 3 4 THIS PAPER RELATES TO ITEM 3 ON THE AGENDA MINUTES OF MEETING of the CLACKMANNANSHIRE LICENSING BOARD held via MS TEAMS on THURSDAY 3 DECEMBER 2020 at 2.00 pm. PRESENT Councillor Kenneth Earle (Convenor) Councillor Martha Benny Councillor Dave Clark Councillor Les Sharp Councillor Mike Watson IN ATTENDANCE Paul Fair, Licensing Standards Officer Lindsay Thomson, Senior Service Manager, Partnership & Performance (Clerk to the Board) Melanie Moore, Committee Services 1.0 APOLOGIES Apologies were received from Councillor Tina Murphy, Councillor George Matchett, QPM and Councillor Helen Lewis 2.0 DECLARATIONS OF INTEREST None 3.0 MINUTES OF MEETING OF CLACKMANNANSHIRE LICENSING BOARD HELD ON 12 NOVEMBER 2020 The minutes of the meeting of the Clackmannanshire Licensing Board held on Thursday 12 November 2020 were submitted for approval. Decision The minutes of the meeting of the Clackmannanshire Licensing Board held on Thursday 12 November 2020 were agreed as a correct record. 4.0 LICENSING (SCOTLAND) ACT 2005: APPLICATION FOR PREMISES LICENCE Premises: Haider Mini Market Applicant: Mohammned Amin, c/o Gordon Emslie, GNE Consultancy, 47 Wallace Brae Drive, Reddingmuirhead, Falkirk, FK2 0FB Attending Mr Paul Fair, Licensing Standards Officer Mr Gordon Emslie, GNE Consultancy (Applicant’s Representative) An application for a premises licence which had no objections/representations received from the police was put before the Board for determination The Board heard representations from the Licensing Standards Officer and from the Applicant’s Representative. The Board had the opportunity to put questions to both parties. 5 Motion Having considered all of the information presented to it and having had opportunity for questions, that the Board grants the application for the Premises Licence. Moved by Councillor Kenneth Earle. Seconded by Councillor Dave Clark. Decision Having considered all of the information presented to it and having had opportunity for questions, the Board agreed unanimously to grant the application for the Premises Licence. Action Clerk to the Board 5.0 LICENSING (SCOTLAND) ACT 2005: APPLICATION FOR OCCASIONAL LICENCES Premises: Bobbing John, 24 Drydale Street, Alloa, FK10 1JL Applicant: JD Wetherspoons, (Scots) Ltd, c/o Brunton Miller Solicitors, Glasgow, G20 6NB Dates: 04 – 17 December 2020 18 - 31 December 2020 01 – 14 January 2021 Attending Mr Paul Fair, Licensing Standards Officer Mr Archie MacIver, Brunton Miller Solicitors (Applicants Representative) An application for an occasional licence which had no objections/representations received from the police was put before the Board for determination The Board heard representations from the Licensing Standards Officer and from the Applicant’s Representative. The Board had the opportunity to put questions to both parties. Motion Having considered all of the information presented to it and having had opportunity for questions, that the Board grants the applications for three occasional licences on 4-17 December 2020 – 18-31 December 2020 and 1-14 January 2021, subject to the conditions set out in Appendix A (page 53). Moved by Councillor Kenneth Earle. Seconded by Councillor Martha Benny. Decision Having considered all of the information presented to it and having had opportunity for questions, the Board agreed unanimously to grant the applications for three occasional licences on 4-17 December 2020 – 18-31 December 2020 and 1-14 January 2021, subject to the conditions set out in Appendix A (page 53), namely: 1. Alcohol sold for consumption in the licenced outdoor area will be ordered from, and delivered to the table, by staff employed at the premises. 2. The outdoor area must be clearly separated from any neighbouring unlicensed area by a physical barrier such as a fence or series of posts and rope or tape of at least 1 metre in height. 3. The outside area can only be occupied by persons seated at a table. 4. The licence holder must ensure that alcohol us only consumed by persons seated at a table. 6 5. (For Licenced public spaces only) All drinks whether alcoholic or not sold or supplied for consumption in the outdoor area, will be sold in or decanted into plastic or polycarbonate drinking vessels. 6. No entertainment, live or recorded music or performance will be permitted in any outdoor area. 7. All outdoor areas will be operated in compliance with the current Scottish Government guidance for the Hospitality Sector, including any amendments to that guidance which occurs in the duration of the licence. 8. The licensed area must be supervised by an SIA Licensed Steward between 6pm and closure on each Friday and Saturday (applies only when the area in use). Action Clerk to the Board 6.0 LICENSING (SCOTLAND) ACT 2005: PERSONAL LICENCE Applicant: David John Marr Hearing to Consider a Personal Licence Review in respect of David John Marr. Notice in Terms of Section 83(4)(b) of the Licensing (Scotland) Act 2005 received from Police Scotland. Attending Mr Paul Fair, Licensing Standards Officer PC Sanda Trenchard, Police Scotland David John Marr (Applicant) The Board heard representations from the Licensing Standards Officer, Police Scotland and the Applicant. The Board had the opportunity to put questions to all parties. The meeting adjourned at 2.50 pm to consider the personal licence. The meeting reconvened at 3.14 pm. Motion Having considered all of the information presented to it and having had opportunity for questions, that the Board agreed to take no further action. Moved by Councillor Les Sharp. Seconded by Councillor Dave Clark. Decision Having considered all of the information presented to it and having had opportunity for questions, the Board agreed unanimously to take no further action. The Board noted that there may be certain circumstances in which Mr Marr would be referred back for consideration by the Licensing Board. Action Clerk to the Board Ends: 3:20 PM 7 8 THIS PAPER RELATES TO ITEM 4 (i) ON THE AGENDA CLACKMANNANSHIRE LICENSING BOARD MEETING 23 March 2021 at 09:30am Via MS Teams Licensing (Scotland) Act 2005 Personal Licence(s) Grant No. Applicant Date Received Comments 1. Sara Quinn 29 January 2020 Personal Licence granted c/o Dept 10228, Licensing under delegated powers The Co-operative Food 1 Angel Square Manchester M60 0AG 2. Iain Eric Fyfe 06 February 2020 Personal Licence granted under delegated powers 3. Fiona Stewart 13 February 2020 Personal Licence granted under delegated powers 4. Daisy Thomas 03 March 2020 Personal Licence granted under delegated powers 5. Annette Wilson 03 March 2020 Personal Licence granted c/o Morton Fraser LLP under delegated powers Quarter Mile 2 Lister Square Ednburgh EH3 9GL 6. Iain Paterson 03 March 2020 Personal Licence granted under delegated powers 7. Sean Ingham 05 March 2020 Personal Licence granted under delegated powers 8.
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