Licensing Committee - 02/10/2003
At a MEETING of the LICENSING COMMITTEE held at Dundee on 2nd October, 2003.
Present:-
Lord Provost John R LETFORD
BAILIES
John CORRIGAN |
Bruce D MACKIE |
Neil I C POWRIE |
COUNCILLORS
Julia M STURROCK |
Andrew DAWSON |
Jim BARRIE |
Helen DICK |
Christina ROBERTS |
Charles A WEBSTER |
Bailie MACKIE, Convener, in the Chair.
The minute of meeting of this Committee of 17th September, 2003 was held as read.
Unless marked thus * all items stand delegated.
I LOTTERIES AND AMUSEMENTS ACT, 1976
(a) APPLICATIONS FOR PERMITS FOR AMUSEMENTS WITH PRIZES
There being no objections the Committee agreed that the undernoted applications be granted:-
No |
Name |
Address of Premises |
No of Machines
|
1. |
Hynd Brothers (Entertainments) Ltd Martine Hynd
|
27/31 Reform Street, Dundee
|
120
|
2. |
Redwood Leisure Ltd./ Michael McKay |
Esplanade, Broughty Ferry (Jacques) |
2 |
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) HOUSES IN MULTIPLE OCCUPATION - new applications
There were submitted the undernoted applications:-
No |
Name of Applicant |
Address of Premises |
|
|
|
|
|
1. |
Mr James Peebles |
2 Up 40 Seafield Road |
|
2. |
YD Limited |
2/L 378 Perth Road |
|
3. |
YD Limited |
1/R 388 Perth Road |
|
4. |
Mr Edwards |
1/R 5 Blackness Avenue |
|
5. |
AAB Properties |
1/1 93 Nethergate |
|
6. |
Mr Logan |
37 Taylors Lane |
|
7. |
Mr Suleman |
2 Westfield Place |
|
8. |
Mrs Mallick |
82 Victoria Road |
|
9. |
Mr Sattar |
Basement, 44 Roseangle |
|
10. |
Mr Sattar |
Ground Floor, 44 Roseangle |
|
11. |
Razco Limited |
2 Up 29 Union Street |
|
12. |
Mr Okhai |
1/2 142 Perth Road |
|
13. |
Mrs Okhai |
37 St Andrews Street |
|
14. |
Mrs Okhai |
4 India Buildings |
No |
Name of Applicant |
Address of Premises |
|
|
|
|
|
15. |
Mrs Okhai |
291 Hawkhill |
|
16. |
Razco Limited |
2/2 40 Union Street |
|
17. |
Tayside Property Management |
2/1 40 Union Street |
|
18. |
Hussein Investments |
2/1 79 King Street |
|
19. |
Hussein Investments |
2/2 79 King Street |
|
20. |
Mrs Okhai |
1/1 10 Victoria Road |
|
21. |
Stirling International |
19 Shaftesbury Road |
|
22. |
Sunrise Properties |
G/East 9 Blackness Avenue |
|
23. |
Stirling International |
31 Taylors Lane |
|
24. |
Mr Edwards |
1/R 5 Blackness Avenue |
|
25. |
Ms M Aimer |
1/R 40 Union Street |
|
26. |
Mr E Tijhaar |
(3rd flat) 51 Meadowside |
|
27. |
Ms E Neilson |
(top left) 50 Seafield Road |
|
28. |
Mr K Wilson |
(flat 3) 5 Union Street |
|
29. |
University of Dundee |
Peterson Halls, 25 Roseangle |
|
30. |
Mr and Mrs Kidd, Mr and Mrs Letley |
(2/2), 45 Commercial Street |
|
31. |
Mr Craigan |
(flat M1) 12 Dock Street |
|
32. |
Mr Drummond |
(basement) 58 Roseangle |
|
33. |
Mr Ewart |
(1/1) 7 Blackness Avenue |
|
34. |
Mr Edward |
17 Osborne Place |
|
35. |
Ms Wills |
(3/1) 1 Gowrie Street |
|
36. |
Ms Rodger |
(top left) 5 Rustic Place |
|
37. |
Ms Bardsley |
17A Thomson Street |
|
38. |
Mr J McCabe |
(top & attic floor) 4 Eassons Angle |
|
39. |
Mr J McCabe |
(flat 3) 50 Perth Road |
|
40. |
Mr J McCabe |
(flat 4) 30 Perth Road |
|
41. |
Mr and Mrs Rollinson |
(2/1) 358 Perth Road |
|
42. |
Mrs Pia Walker |
(flat 3P) Meadowside Buildings, Victoria Road |
|
43. |
Ms Rosanna Volpi |
(2/R) 32 South Tay Street |
|
44. |
Hillcrest Housing Association |
16 William Barclay Square |
|
45. |
Mr and Mrs Mahoney |
Dudhope Villa, 1 St Mary Place |
|
46. |
Mr and Mrs Mahoney |
(1/R) 5 Ellen Street |
|
47. |
Mr and Mrs Mahoney |
(G/R) 5 Ellen Street |
|
48. |
Mr and Mrs Mahoney |
19 Greenbank Place |
|
49. |
Mr and Mrs Mahoney |
5 Tofthill Place |
|
50. |
Mr and Mrs Mahoney |
10 Tofthill Place |
|
51. |
Mr M J Mahoney |
(2nd flat) 95 Peddie Street |
|
52. |
Mr G J Willets |
37 Whitefauld Road |
Councillor Sturrock left the room prior to consideration of the following applications.
Councillor Dick declared a non-financial interest in application number 24 and left the room prior to its consideration, then re-entered the room prior to consideration of application number 25.
In the case of application numbers 1 to 23, there being no objections, the Committee agreed that the applications be granted.
In the case of application number 24, the Committee, after hearing the applicant on his own behalf and the observations of the officer from the Private Sector Grants Unit, agreed that the application be refused.
In the case of application numbers 25 to 52, the Committee agreed that consideration of these applications be deferred to a future meeting.
(b) LATE HOURS CATERING LICENCE - NEW APPLICATIONS
Councillor Sturrock re-entered the room prior to consideration of the following applications.
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
1. |
Areeg Al-Khafaji |
31 Union Street (Istanbulie) |
11 pm to 3 am Sunday to Thursday and 11 pm to 5 am Friday and Saturday
|
2. |
Tavel Ishaq |
271 Clepington Road (Village Curry Club)
|
11 pm to 1 am Sunday to Thursday and 11 pm to 2 am Friday and Saturday
|
3. |
Yuk Ying Lee |
112 Lochee Road (Sunsikai) (Lahore Tandoori) |
11 pm to 12 Midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday
|
4. |
Chun Loi Li |
294 Perth Road (Canton House) |
11 pm to 12 Midnight Sunday to Thursday 11 pm to 1 am Friday and Saturday
|
5. |
Yuk Ping Li |
243 Clepington Road (Tak a Wa) |
11 pm to 1 am Sunday to Thursday and 11 pm to 1.30 am Friday and Saturday
|
6. |
P S Fabian Nonis |
Strathmartine Road (Kingsway Service Station)
|
24 Hours |
7. |
P S Fabian Nonis |
Forfar Road Service Station |
24 Hours
|
8. |
Hussain Al-Saffar |
264B Hilltown |
11 pm to 1 am Sunday to Thursday and 11 pm to 1.30 am Friday and Saturday
|
9. |
Ilona E Salehi |
12 Arbroath Road (Petra Cuisine) |
11 pm to 12 Midnight Monday to Sunday
|
10. |
Yuk Mui Shek |
145 Pitkerro Road (Golden Year) |
11 pm to 12 Midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday
|
11. |
Riaz Sheikhi |
102-4 Dura Street (Tandoori House/Chaand) |
11 pm to 12 Midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday
|
12. |
Cheung Woon Wong |
162 Arbroath Road (Hong Kong) |
11 pm to 1 am Friday and Saturday
|
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
13. |
Nour-Eddine Zilaoni |
7 Panmure Street |
11 pm to 4 am Monday to Sunday |
14. |
Jennifer Chung |
30 Constitution Street (Dragons Pearl) |
11 pm to 2 am Sunday to Thursday and 11 pm to 3 am Friday and Saturday
|
15. |
Mohammed Yasin |
84 Nethergate (Discovery) |
11 pm to 4 am Monday to Sunday
|
Prior to consideration of the applications the Convener, Bailie Mackie, intimated that a policy on late night catering would be formulated and that consultation with the trade would take place at a later date but in the meantime, he suggested that any applications which were granted should be for the period to 31st December, 2003.
In the case of application number 1, the Committee, after hearing a representative on behalf of the applicant and the observations of the Environmental and Trading Standards Department and receiving confirmation that the Duty of Care Notice had now been received, agreed that the application be granted until 31st December, 2003 on the basis that the hours of opening for Friday and Saturday be amended to 11 pm to 4 am.
In the case of application number 2, the Committee, after hearing the applicant on his own behalf and the observations of the Environmental and Trading Standards Department, agreed that the application be considered incompetent due to the non-submission of the Duty of Care Notice.
In the case of application numbers 3, 5, 8, 9, 10, 11, 12, 14 and 15, there being no objections, the Committee agreed that the applications be granted until 31st December, 2003.
In the case of application number 4, the Committee, after hearing an agent on behalf of the applicant and a representative on behalf of the objectors, agreed that the application be granted until 31st December, 2003.
In the case of application numbers 6 and 7, the Committee, having being advised that the applicants were not present, agreed that consideration of the applications be deferred until the meeting of the Licensing Committee to be held in December, 2003.
In the case of application number 13, the Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred to a future meeting of the Committee.
(c) LATE HOURS CATERING LICENCE - RENEWALS
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
1. |
Ghulam Nabi Choudry |
198 King Street, Broughty Ferry (Papa Singh's) |
11 pm to 12 Midnight Sunday to Thursday and 11 pm to 1 am Friday and Saturday
|
2. |
Alan E Clark |
Unit 5 Block 2 Annfield Road (Clarks Bakery)
|
24 Hours |
No |
Name |
Address of Premises |
Hours of Opening |
|
|
|
|
3. |
Ejaz Ahmad |
28 Strathmartine Road (Lahore Tandoori) |
11 pm to 1 am Monday to Sunday |
|
|
|
|
4. |
Gassan Kamal Al-Shaibany |
273 Brook Street, Broughty Ferry (Khans) |
11 pm to 1 am Sunday to Thursday 11 pm to 2 am Friday and Saturday |
|
|
|
|
5. |
Asda Stores/ P McKenna |
Asda, Milton of Craigie |
24 Hours |
|
|
|
|
6. |
Andrew Guild |
78 North Lindsay Street |
11 pm to 3.30 am Monday to Sunday |
|
|
|
|
7. |
Nasreen A Mohammed |
98 Gray Street (Wee Guli) |
11 pm to 1 am Monday to Sunday |
|
|
|
|
8. |
Nilufa Yasmin |
67 Perth Road (Shaheen) |
11 pm to 2 am Sunday to Saturday |
|
|
|
|
9. |
Nour-Eddine Zilaoui |
226A Strathmartine Road (Casa Blanca) |
11 pm to 1 am Sunday to Saturday |
|
|
|
|
10. |
Teyfik Kamber |
117 Nethergate (Istanbul Kebab) |
11 pm to 3 am Sunday to Thursday and 11 pm to 4 am Friday and Saturday |
Councillor Roberts declared a non-financial interest in application number 1 and left the room prior to its consideration.
In the case of application number 1, the Committee, after hearing the applicant on their own behalf and a representative on behalf of the objectors and the observations of the Environmental and Trading Standards Department, agreed that the application be granted until 31st December, 2003.
Councillor Roberts re-entered the room prior to consideration of application number 2.
In the case of application number 2, the Committee noted that there was no one present on behalf of the objectors and after hearing an agent on behalf of the applicant and the observations of Tayside Police, agreed that the application be granted until 31st December, 2003.
In the case of application numbers 3, 4, 5, 6 and 10, there being no objections, the Committee, after noting that the Duty of Care Notices had been submitted, agreed to the applications being granted until 31st December, 2003.
In the case of application number 7, the Committee noted that the applicant was not present and after hearing an officer from the Environmental and Trading Standards Department, and receiving confirmation that the Duty of Care Certificate had been lodged, agreed that the application be granted until 31st December, 2003 subject to a satisfactory inspection by the Environmental and Trading Standards Department prior to the premises reopening.
In the case of application number 8, the Committee, after hearing a representative on behalf of the applicant, agreed that consideration of this application be deferred for one month.
(d) PRIVATE HIRE LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted application be granted:-
No |
Name |
|
|
1. |
James Costello |
(e) SECOND HAND DEALER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
Address of Premises |
Type of Goods |
|
|
|
|
1. |
Vincent Chalmers |
9 Albert Street |
Musical Instruments |
|
|
|
|
2. |
Kathryn McLaren |
4/6 Laburn Street |
Motor Vehicles |
(f) SECOND HAND DEALER'S LICENCE - RENEWALS
There was submitted the undernoted application:-
No |
Name |
Address of Premises |
Type of Goods |
|
|
|
|
1. |
M D Wallace |
78 Rosebank Street |
Motor Vehicles |
In the case of this application, the Committee, after noting that the applicant was not present, agreed that the application be considered in their absence and after hearing the observations of the Environmental and Trading Standards Department, agreed that the application be refused.
(g) STREET TRADER'S LICENCES - NEW APPLICATIONS
There were submitted the undernoted applications:-
No |
Name |
Goods |
|
|
|
1. |
Mr Gordon Jamieson
|
Cleaning of Wheeled Bins |
2. |
Angela Reilly
|
Ice Cream |
In the case of application number 1, the Committee, after hearing the applicant on his own behalf and the observations of the Environmental and Trading Standards Department and having considered a letter submitted by the applicant confirming arrangements about the disposal of waste water from his business, agreed that the application be granted subject to consent being received from SEPA that they were satisfied with the procedure within the following twenty eight days.
In the case of application number 2, the Committee, after hearing the applicant on her own behalf and receiving confirmation from the officer of the Environmental and Trading Standards Department that an inspection of the van to be used in the operation of the business had been carried out to their satisfaction, agreed that the application be granted.
(h) TAXI DRIVER'S LICENCE - NEW APPLICATIONS
There being no objections, the Committee agreed that the undernoted applications be granted:-
No |
Name |
|
|
|
|
1. |
Grant Duff Booth |
|
2. |
Scott Edward Brackenridge |
|
3. |
Ian Gordon Bruce |
|
4. |
Brian Doyle |
|
5. |
Fraser Wallace Duncan |
|
6. |
Ian Douglas Matthew |
|
7. |
Annie Pennycook MacFarlane |
|
8. |
Charles Henderson McLaren |
|
9. |
James Anthony McLaughlin |
|
10. |
Derek James McMillan |
|
11. |
Bruce Forbes McRitchie |
|
12. |
Derek Bryden Neil |
|
13. |
Peter Bruce Page |
|
14. |
Steven John Robertson |
|
15. |
Steven Tambini |
|
16. |
Scott Robert Timmons |
|
17. |
Eric Wilkinson |
|
(i) APPLICATION FOR USE OF CITY SQUARE/MURRAYGATE - BIBLE BAPTIST CURCH
The Convener agreed that this item of business be considered as a matter of urgency in terms of Standing Order No 52(3)(b) in view of the timescales involved.
There was tabled an application by Mr Jim Van Voltenberg on behalf of the Bible Baptist Church for the use of City Square/Murraygate for the purpose of acoustic preaching on Thursday, 18th September and Thursday, 16th October, 2003 and every other Thursday following those dates.
In the case of this application, the Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence and thereafter agreed that the application be granted for Thursday, 18th September and Thursday, 16th October, 2003 only.
The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the undernoted items of business on the grounds that this would involve the likely disclosure of exempt information as defined in paragraphs 3, 6, 9 and 14 of Part 1 of Schedule 7A to the above Act.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) LATE HOURS CATERING - RENEWALS
(i) There was submitted an application by Mr G A for renewal of his Late Hours Catering Licence.
The Committee, after being advised that the applicant was not present, agreed that the application be considered in their absence and after hearing the observations of an officer from the Environmental and Trading Standards Department, agreed that the application be declared incompetent as the Duty of Care Notice had not been submitted.
(ii) There was submitted an application by Ms A N for renewal of her Late Hours Catering Licence.
The Committee gave consideration to a letter of representation which had been submitted by the Chief Constable relative to this application. 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 Committee agreed that they not be considered.
Thereafter, having heard an agent on behalf of the applicant, the Committee agreed that the application be granted until 31st December, 2003.
(b) LATE HOURS CATERING - NEW APPLICATION
There was submitted an application by Mr M Y for a Late Hours Catering Licence.
The Committee, after hearing the Legal Officer in relation to a letter of representation which had been lodged by Tayside Police and having noted that a substitute letter had been tabled in this regard and that the applicant's agent was in agreement to this, agreed that the application be granted until 31st December, 2003 subject to review by the Environmental and Trading Standards Department.
(c) PUBLIC PROCESSION
There was submitted a notification of a public procession to be held on Sunday, 2nd November, 2003 at 2.00 pm and after hearing an agent on behalf of the organisers of the procession and the observations of the Chief Constable, the Lord Provost, seconded by Bailie Corrigan, moved that an order be imposed prohibiting the procession on the basis that it may be detrimental to public safety on the basis of Police observations.
As an amendment, the Convener, Bailie Mackie, seconded by Bailie Powrie, moved that an order be issued, subject to the Council's standard conditions for public processions and also (1) that the march commence at 9 am instead of 2 pm, and (2) the maximum number of participants be restricted to 75.
On a division, there voted for the motion, the Lord Provost, Bailie Corrigan and Councillor Barrie (3); and for the amendment, the Convener, Councillors Sturrock, Dick, Dawson, Roberts, Webster and Bailie Powrie (7).
Thereafter the amendment was declared carried and the order was issued.
(d) STREET TRADERS - NEW APPLICATION
There was submitted an application by Mr R M for a Street Trader's Licence.
The Committee, after hearing the applicant on his own behalf and consideration of the letter of representation submitted by Tayside Police, agreed that consideration of the application be deferred until the December meeting of the Licensing Committee.
(e) TAXI DRIVERS LICENCES - RENEWALS
(i) There was submitted an application by Mr G P for renewal of his Taxi Driver's Licence.
The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred until the November meeting of the Licensing Committee.
(ii) There was submitted an application by Mr D R for renewal of his Taxi Driver's Licence.
The Committee, after noting that the applicant was not present, agreed that consideration of the application be deferred until the November meeting of the Licensing Committee.
(iii) There was submitted an application by Mr J C for renewal of his Taxi Driver's Licence.
The Committee, after hearing the applicant on his own behalf and the observations of Tayside Police, agreed that the application be granted for a period of one year.
(f) TAXI DRIVERS LICENCES - NEW APPLICATION
There was submitted an application by Mr J M for a Taxi Driver's Licence.
The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.
(g) WINDOW CLEANER'S LICENCES - NEW APPLICATIONS
(i) There was submitted an application by Mr D A for a Window Cleaner's Licence.
The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.
(ii) There was submitted an application by Mr D E for a Window Cleaner's Licence.
The Committee, after hearing the applicant on his own behalf and consideration of the letter of objection submitted by Tayside Police, agreed that the application be granted for a period of one year.
BRUCE D MACKIE, CONVENER