Dundee City Licensing Board - 20/11/2003

At a HEARING of the DUNDEE CITY LICENSING BOARD held at Dundee on 20th November, 2003.

Present:-

LORD PROVOST

BAILIES

COUNCILLORS

Bailie Neil I C POWRIE, Chairman, in the Chair.

The minute of meeting of the Board of 23rd October, 2003 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING (SCOTLAND) ACT 1976

(a) REQUEST FOR HEARING

G II Limited, c/o Brunton Miller, 22 Herbert Street, Glasgow and Ian Bruce Irons, 6 Thomas Court, Carnoustie - Mercantile Bar, 100/108 Commercial Street, Dundee.

The Board, having noted a letter of complaint from the Chief Constable, agreed to hold a hearing in terms of Section 31.

(b) SECTION 31 HEARINGS

In respect of the above the Board gave consideration to a letter of complaint which had been submitted by the Chief Constable. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constable's representative as to their age and nature, the Board agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard from an agent on behalf of the licence holder and the Chief Constable's representative the Board agreed to suspend the licence for a period of twelve months.

The Board, having heard from an agent on behalf of the licence holder and from the Chief Constable's representative, the Chairman moved to suspend the licence for one year.

As an amendment, Councillor FitzPatrick, moved not to suspend the licence for one year.

On a division, there voted for the motion - the Chairman, Lord Provost, Bailie Mackie and Councillors Regan and Don (5); and for the amendment - Councillors Fitzpatrick and Barrie (2); Councillor Grant being absent when the vote was taken; whereby the motion was carried suspending the licence for one year.

(c) SECTION 31 and 32 HEARING

The Board having heard from an agent on behalf of the licence holder and from an officer from Environmental Health and Trading Standards, agreed in respect of the Section 31 hearing to suspend the licence for one year as the holder was deemed not to be a fit and proper person.

In respect of the Section 32 hearing the Board having, heard from an agent on behalf of the licence holder and from an officer from Environmental Health and Trading Standards, agreed to take no action.

NEIL I C POWRIE, Chairman