A GALASHIELS publican has been ordered to appear before Friday’s meeting of the Scottish Borders Licensing Board.

It follows a request from the police for the board to review the personal licence of Alan Turnbull, the designated manager of the Woodcutter in Langlee.

The call is contained in a letter from Chief Inspector Paula Clark who cites an incident which occurred outside the pub at around 10pm on Sunday, May 4.

She claims that Mr Turnbull, who was on duty at the time, emerged from his premises and assaulted one of two men who were standing outside.

“He walked over to the male and, in an unprovoked attack, punched him on the head,” writes CI Clark. “Mr Turnbull was prevented from assaulting the man any further and re-entered the Woodcutter.” She describes how the victim had reported the incident to the police and, as a result, Mr Turnbull was charged with assault and reported to the Procurator Fiscal.

The matter did not, however, go to court and, according to CI Clark, Mr Turnbull accepted a so-called “Fiscal fine” in August.

Such penalties, which are offered “in certain circumstances” at the discretion of the prosecuting authority, give people who have been reported for an alleged offence the opportunity to have the case dealt with outside court and without getting a criminal conviction.

Anyone who accepts the offer of a fiscal fine, which can range between £50 and £300, cannot then be prosecuted for the alleged offence.

But although Mr Turnbull has incurred no criminal record for the May incident, CI Clark believes there are “substantiated” grounds for a review of his personal licence by the board.

“While the Procurator Fiscal has dealt with this matter by way of a fine, the seriousness of the unprovoked assault should not be taken for granted,” says the officer. “There is no doubt that Mr Turnbull’s actions were unacceptable.” Formally requesting a review under the Licensing (Scotland) Act, CI Clark claims: “The behaviour of the personal licence holder demonstrates a level of irresponsibility that is unacceptable and inconsistent with the licensing objectives of preventing crime and disorder and securing public safety.” The board, comprising 10 elected members of Scottish Borders Council, will meet at Newtown on Friday to decide if Mr Turnbull’s personal licence should, indeed, by reviewed. That review will either take place at the meeting or may, if requested by Mr Turnbull or his legal representative, could be continued to a future date.

The board will also be formally notified of court convictions incurred by two off-sales licence holders over the past year.

Alexander Fairbairn, the premises and personal licence holder of the Spar shop in Melrose, was found guilty of selling a bottle of Sourz Fusion to a 16-year-old girl in a “test purchase” operation last December and was fined £200.

Found guilty of a similar offence last December – involving two 16-year-olds and two bottles of cider – was Steven Wilson of the Premier Store in Tweedbank. He was also fined £200.

In both cases, sales assistants failed to ask the shoppers about their ages or sought ID, although neither Mr Fairbairn nor Mr Wilson were on their respective premises at the time of the offences.