Dundee City Licensing Board - 11/12/2008

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 11th December, 2008.

Present:-

Lord Provost John R LETFORD

Bailie Roderick A J WALLACE

COUNCILLORS

Lord Provost John R LETFORD, Convener, in the Chair.

The minute of meeting of the Licensing Board held on 20th November, 2008 was held as read.

I DISABILITY EQUALITY SCHEME - ANNUAL REPORT 2008

The above report (Appendix I) was approved.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to defer the above application.

The Board agreed to defer the above application.

The Board agreed to defer the above application.

Bailie Wallace declared a non-financial interest by virtue of having a relative employed by the applicant.

The Board agreed to grant the above application.

The Board noted that the above application had been withdrawn.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to defer the above application.

Councillor Dawson declared a non-financial interest by virtue that he knew the applicant.

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to defer the above application.

Bailie Wallace declared a non-financial interest by virtue of having a relative employed by the applicant.

The Board agreed to grant the above application.

Bailie Wallace declared a non-financial interest by virtue of having a relative employed by the applicant.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to defer the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to defer the above application.

The Board agreed to grant the above application.

Bailie Wallace declared a non-financial interest by virtue of having a relative employed by the applicant.

The Board agreed to grant the above application.

The Board, having noted the applicant failed to appear or be represented for the second time, agreed to grant the above application in the applicant's absence subject to the recommendation of Building Control.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application.

III LICENSING (SCOTLAND) ACT 1976

(a) APPLICATIONS FOR REGULAR EXTENSION OF PERMITTED HOURS

The Board agreed to grant the above application from 11pm to 12 midnight Mondays to Sundays for the benefit of shiftworkers, dominos, darts, shoppers and tourists.

(b) APPLICATION FOR MUSICAL ENTERTAINMENT CONSENT

Live music - instrumental groups, vocalists (maximum of 4 artists), automatic music system and TV system during permitted hours.

The Board, having heard from an Officer from Environmental Health and Trading Standards, the Board's Legal Officer and the applicant on their own behalf, agreed to defer the above application and call a Section 32 Hearing at the next meeting of the Board.

(c) APPLICATION FOR THE GRANT OF NEW LICENCES

The Board agreed to grant the above application.

IV GAMBLING ACT 2005

(a) GAMING MACHINE PERMIT

(i) New Applications

The Board agreed to treat the above application as withdrawn.

Lord Provost John R LETFORD, Convener.

APPENDIX I

DUNDEE CITY

LICENSING BOARD

DISABILITY EQUALITY SCHEME

2007-2010

ANNUAL REPORT

December 2008

1 DUNDEE CITY LICENSING BOARD DISABILITY EQUALITY SCHEME - AN INTRODUCTION

1.1 The Dundee City Licensing Board Disability Equality Scheme was published on 4th December, 2006. A copy is available on the Dundee City Council website. In the Scheme, the Board affirmed its commitment to promote equality of opportunity for disabled persons in the field of licensing, both from the point of view of applicants for/objectors to licences and patrons of licensed premises. This commitment was reinforced by the Board's Statement of Licensing Policy under the Licensing (Scotland) Act 2005. A copy of the policy can also be accessed on the Council website.

1.2 In 2007, licence-holders were reminded of their duties under the Disability Discrimination Act 1995, as amended, when the Board wrote and directed them to a number of materials, including the information available on the website of the former Disability Rights Commission (now the Commission for Equality and Human Rights).

1.3 This topic was regularly discussed at meetings of the Dundee Licensing Forum, a local non-statutory body consisting of representatives of the licensing trade, the Board, the Council, the Police, etc. During 2007, members of the "5 Digits Disabilities Issues Group" attended Forum meetings to help to raise awareness of disability rights issues and were eventually invited to become Forum members on a permanent basis.

1.4 In addition, in June 2007, the Board held a hearing into the suitability of a public house in Broughty Ferry which resulted in agreement being made by the licence-holder to provide better disabled access and toilet facilities. This hearing was convened under Section 32 of the Licensing (Scotland) Act 1976 which states that the Board can make a "closure order" where it "considers that licensed premises are no longer suitable or convenient for the sale of alcoholic liquor having regard to their character and condition". The effect of the making of a closure order is that the premises have to close until the matters specified in the order are remedied to the Board's satisfaction. To the best of the Board's knowledge, this was the first time the provisions of Section 32 had been invoked anywhere in Scotland to address issues relating to disabled access to licensed premises.

1.5 In the Scheme is also contained a statement of the Board's support for the Dundee City Council Equality and Diversity Scheme to recognise the fact that, although it is a separate statutory body from the Council, the Board operates within the framework of, and through staff employed by, the Council. To that end, the Board takes note of the Council's own annual reports on disability equality for 2007 and 2008 and would direct interested parties to these reports for details of progress made by the Council, particularly in relation to members of staff.

2 REVIEW OF THE BOARDS ACTIVITY IN DISABILITY EQUALITY IN 2008

2.1 In January 2008, the Licensing Board held hearings into the suitability of a number of licensed premises in Broughty Ferry following the receipt of complaints concerning the lack of proper access and facilities for disabled patrons. It should also be pointed out that the premises in question had previously been written to (together with a number of others) by the Board on an informal basis to enquire what steps were being taken to deal with the issues highlighted by the complainers. The premises which were the subject of the hearings were those who, despite reminders, had provided little or no information as to their intentions in this regard.

2.2 The complainers and licence-holders were present at the hearings. There were a total of 5 hearings in all. The outcomes are summarised in Table 1 below. Two of the cases are still pending and will be recalled before the Board in due course once the licence-holders have advised what steps they have taken to comply with their duties under the DDA. The remaining premises satisfied the Board that they had complied, or were to comply within a reasonable timescale.

2.3 The Board has also initiated a similar exercise following issues which were highlighted in other areas of the City and the information received from licence-holders will be assessed to determine if hearings are necessary in these cases.

2.4 Application forms and notes of guidance for both applicants and potential objectors are available on request in large print from the Licensing Office, 20 City Square, Dundee.

2.5 Following on from the inclusion of disabled representatives on the Dundee Licensing Forum, the Board was pleased to note their continuing appointment on the new Forum established in terms of Section 10 of the Licensing (Scotland) Act 2005. The Board had a joint meeting with the Forum in December 2007 and is to have another such meeting on 9th December, 2008.

2.6 In October 2005, the Board gave its support to the establishment of a "Best Bar None" (BBN) Scheme in Dundee to recognise the efforts of licensed premises to meet their commitment to social responsibility and the safety of people using their premises. In 2008, a new category of award was introduced for disability equality and awareness. The representatives of the 5 Digits Group are involved in the assessment of this category.

3 CONCLUSION

3.1 All of the above actions are evidence of the Board's commitment to delivering on the themes of the Disability Equality Duty -

- promotion of equality of opportunity between disabled people and other people;

- elimination of unlawful discrimination;

- elimination of harassment of disabled people related to their disability;

- promotion of positive attitudes towards disabled people;

- encouragement of the participation of disabled people in public life; and

- taking steps to meet disabled people's needs, even if this requires more favourable treatment.

3.2 The Board will continue to act in furtherance of its duties as set out above by doing what it can within its sphere of responsibility and legal powers. On 1st September, 2009, the provisions of the Licensing (Scotland) Act 2005 come fully into force. The ministerial guidance under Section 142 of the 2005 Act asks licensing boards to avoid the inclusion in their policies of "duplication with other regulatory regimes so far as possible". The Board does not accept, however, that this means that it cannot take into account issues of disability equality and it has already referred in its 2005 Act policy statement to the Disability Equality Scheme adopted in 2006 (paragraph 1.1 above). The 2005 Act preserves the ability of a licensing board to consider the suitability of premises for the sale of alcohol in similar terms to Section 32 of the 1976 Act and the Board will make use of these continuing powers where issues concerning disability equality are raised in respect of licensed premises under the 2005 Act.