Dundee City Licensing Board - 17/07/2003

At an ADJOURNED MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 17th July 2003.

Present:-

COUNCILLORS

Councillor Neil I C Powrie, Chairman in the Chair.

The minute of meeting of the Board of 19th June 2003 was held as read.

Unless marked thus * all items stand delegated.

I AMENDMENT OF REGULATIONS

The Board having heard the advice of the legal officer agreed that Regulation 3. of the Regulations be amended to include the words, "and a Trade Waste Disposal Statement as detailed in Regulation 4(f) below".

II BETTING, GAMING AND LOTTERIES ACT 1963

(a) APPLICATION FOR BOOKMAKER'S PERMIT

In respect of this application the Board gave consideration to a letter of representation which had been submitted by Tayside Police. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constables representative as to their and nature the Board agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard the applicant on his own behalf, the Board agreed that the application be granted.

III LICENSING (SCOTLAND) ACT 1976

(a) APPLICATION FOR RENEWAL OF LICENCES

* Denotes Sunday Opening

$ Denotes Childrens Certificate

The Board, having been advised that the applicant had now submitted the required Duty of Care notice agreed that the application be granted.

The Board noted that the applicant had submitted the required Duty of Care notice and having considered the objections which had been submitted by the Environmental and Consumer Protection Department, Councillor FitzPatrick moved that the Board inspect the premises prior to making a decision on the application.

As an amendment, the Chairman moved that the premises not be inspected by the Board.

On a division, there voted for the motion - Councillors Grant, FitzPatrick and Fordyce (3); and for the amendment - the Chairman and Councillors Regan, Macpherson and Mackie (4) - whereupon the amendment was declared carried and the premises were not inspected.

Thereafter, the Board having heard an agent on behalf of the applicant, and the advice of the legal officer agreed that the application be refused on the basis that the applicant was not considered to be a fit and proper person to hold a licence.

On a reference to Article II(a)(2) above the Board Chairman heard the advice of the legal officer and the applicant on his own behalf the Chairman moved that the application be refused.

As an amendment, Councillor FitzPatrick moved that the application be granted.

On a division, there voted for the motion - the Chairman and Councillors Regan, Macpherson and Fordyce (4); and for the amendment - Councillors Grant, FitzPatrick and Mackie (3) - whereupon the motion was declared carried and the application was refused.

The Board, having heard an Agent on behalf of the Applicant, agreed that the claim of inadvertance be accepted and that the application be submitted to a Special Meeting of the Licensing Board to be convened immediately after this meeting.

On a reference to Article I(2) of minute of meeting of the Dundee City Licensing Board of 17th July 2003 the Board agreed that the above application be granted.

The Board noted that the applicant had now submitted the Duty of Care notice and agreed that the application be granted.

(b) APPLICATION FOR permanent transfer - section 25(1)

The Board, having heard an agent on behalf of the applicant noted that the application had been withdrawn from consideration.

The Board, having noted that evidence of title had now been submitted, agreed that the above application be granted.

(c) APPLICATION FOR MUSICAL ENTERTAINMENT CONSENT

TV set, automatic music system, juke box, Mondays to Sundays during permitted hours.

On a reference to Article III(e)(1) below the Board agreed that the application be refused.

Traditional Irish Music, Vocalists (maximum 4 artistes). disco, karaoke, fashion nights, late nights, live entertainment on Thursdays during the permitted hours.

The Board, having heard an agent on behalf of the applicant, noted that the application had been withdrawn from consideration.

On a reference to Article III(e)(3) below the Board agreed that a provisional grant under 26(2) be approved.

TV, juke box, automatic music system, Mondays to Sundays during permitted hours and vocalists, maximum 2 artistes one or two nights per week during permitted hours.

(d) APPLICATION FOR CHILDRENS CERTIFICATES

Whole premises, Monday to Sunday from 11 am to 8 pm.

The Board, having noted that an inspection had taken place at the premises to the satisfaction of the Environmental and Consumer Protection Department, agreed that the above application be granted.

In the Lounge section of bar and Function suite, Mondays to Sundays from 11 am to 8 pm.

The Board, having heard observations of the Environmental and Consumer Protection Department following an inspection which had taken place at the premises, and an agent on behalf of the applicant, agreed that the application be withdrawn from consideration and resubmitted by the Applicant with the undertaking that the issues identified by the Environmental and Consumer Protection Department be attended to.

On the raised area highlighted on plan. From 11 am to 6 pm Mondays to Sundays.

The Board, having heard an Agent on behalf of the Applicants, and after noting that the Applicants had agreed that area applied for be designated at the front of the premises rather than the rear, agreed that the application be granted subject to the lodging of amended plans to this effect by the applicant.

(e) APPLICATION FOR GRANT (Including Provisional Grant) OF LICENCE

The Board, having heard an agent on behalf of the objectors and an agent on behalf of the applicants and after determining the area of over provision referred to in their submissions, Councillor FitzPatrick moved that the application be granted.

As an amendment, Councillor Macpherson moved that the application be refused on the grounds of overprovision.

On a division, there voted for the motion - Councillors Grant, FitzPatrick and Fordyce (3); and for the amendment - the Chairman and Councillors Regan, Macpherson and Mackie (4) - whereupon the amendment was declared carried and the application was refused on the grounds of overprovision.

The Board also agreed to the request from the agent on behalf of the applicant that Direction be granted.

The Board, having heard an agent on behalf of the applicant, agreed to note that the application had been withdrawn from consideration.

The Board, having heard an Agent on behalf of the Applicants and the advice of the legal officer and observations of the Environmental and Consumer Protection Department, agreed that a provisional grant under 26(2) be approved.

The Board, having noted that only one of the objections had been served on the applicants competently and that as such the remaining objections could not be considered then gave consideration to the objection which had been received from Mr Mohammed Hayat and after hearing the observations of Tayside Police and noting that evidence of title had now been submitted, and after hearing an agent on behalf of the applicant, agreed that the application be granted subject to the Applicant meeting with local resident groups to alleviate their concerns in relation to the application.

(f) REGULAR EXTENSION OF PERMITTED HOURS

From 11pm to 12 midnight Monday to Sundays and 2.30 pm to 6.30 pm Sundays for shift workers, tourists and general demand.

The Board, having heard an Agent on behalf of the Applicants and the advice of the legal officer and observations of the Environmental and Consumer Protection Department, agreed that a provisional grant under 26(2) be approved.

NEIL I C POWRIE, Chairman.