Dundee City Licensing Board - 22/09/2011

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 22nd September, 2011.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Board of 18th August, 2011 was held as read.

I THE ALCOHOL ETC (SCOTLAND) ACT 2010

There was submitted Agenda Note AN148-2011 asking the Board to note the imminent implementation of the majority of the sections of the above legislation on 1st October, 2011. The main provisions to note were:-

Pricing of Alcohol

Licence-holders would be prohibited from selling alcoholic products packaged together at a lower price than they are available to purchase singly, eg a pack of 12 cans of beer for 10 where individual cans are for sale @ 1 each.

Drinks Promotions

There will be a prohibition against supplying alcohol free or at a reduced price on the purchase of one or more alcoholic drinks, ie "buy 1, get 1 free", "3 for the price of 2", "3 bottles of wine for 10", etc.

Also, restrictions were being introduced with regard to the location of drinks promotions within, and in the vicinity of, licensed premises. These promotions would be limited to taking place within the areas for the sale of alcohol shown on the layout plan for each premises. In addition, no promotions will be allowed within 200 metres of the boundary of the premises as shown on the layout plan. This latter provision is intended to prevent window displays, etc, although this would not be the case if the agreed alcohol display area in the layout plan includes a window. (Premises will be able to distribute flyers and promotional leaflets within the 200m radius, provided the leaflets do not relate solely or primarily to alcohol).

Age Verification Policies

All licensed premises will be obliged to introduce a "Challenge 25-type policy" where they have not already done so.

Health Boards

The local health board will now be a statutory consultee in the same way as the Chief Constable in regard to all new applications for premises licences and the variation of premises licences. The health board must also be consulted when the Board draws up its Statement of Licensing Policy and in assessing overprovision.

Dundee City Licensing Board had responded to the original proposals in the Alcohol Bill on the subject of the minimum price of alcohol. These provisions were excluded from the Act, but it is anticipated that new legislation in this regard will be proposed shortly and issued for consultation. This will be brought back to the Board at that point to approve the response to any such consultation.

The Board noted the above.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an objector and the applicant on their own behalf, agreed to grant the above application.

The Board, having heard from the applicant on their own behalf, agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to refuse to consider the above application due to non-submission of confirmation of display of the site notice.

(b) VARIATIONS (MAJOR)

The Board, having heard from an objector and the applicant on their own behalf, agreed subject to removal of the condition appertaining to the outside drinking area, and that should the applicant require this facility in the future to apply under the auspices of a pavement cafe, to grant a variation to opening hours on a Sunday from 11am, sale of alcohol for consumption of the premises, to allow other activities outwith core hours and to change the ages for access for children and young persons.

The Board agreed to grant a variation to amend the terminal hour to 12 Midnight Mondays to Thursdays, to allow outdoor drinking, to allow other activities outwith core hours and to amend the age of children and young persons to be permitted in the premises.

The Board agreed to defer the above application.

Councillor Keenan declared a non-financial interest by virtue of frequenting the premises.

The Board agreed to grant a variation to core hours to open at 11am on Sundays.

The Board agreed to grant a variation to core hours to open at 11am on Sundays.

The Board agreed to grant a variation to the musical entertainment consent to include karaoke on Mondays from 3pm to 11pm, Fridays 7pm to 12 Midnight, Saturdays 6pm to 12 Midnight and Sundays 2pm to 9pm.

III GAMBLING ACT 2005

(a) BINGO - VARIATIONS

The Board agreed to grant a variation application to the layout plan to reduce to one Gaming Licence at the club. The additional existing licences would be surrendered on the grant of the licence.

IV PREMISES LICENCE

(a) REVIEW HEARING - TESCO STORES LTD

Bailie Wallace and Councillor Bowes declared non-financial interests by virtue of each having a relative employed by the licence holder.

The Board, having heard from an agent on behalf of the licence holder, agreed to take no further action.

(b) REQUEST FOR REVIEW OF PREMISES LICENCE

The Board agreed to a review of the premises licence in respect of Tallys, 11-13 Old Hawkhill.

V PERSONAL LICENCES

(a) NEW APPLICATION

(i) Andrew Hardie

The Board, having heard from the applicant on their own behalf and the Chief Constable's representative, agreed to grant the above application.

Roderick A J WALLACE, Convener.