Dundee City Licensing Board - 26/10/2011

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 26th October, 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 22nd September, 2011 was held as read.

I MINUTE OF MEETING OF DUNDEE LICENSING FORUM HELD ON 6TH SEPTEMBER, 2011 (APPENDIX I)

The above was noted for information.

II LICENSING (SCOTLAND) ACT 2005

(i) NEW GRANTS

The Board agreed to grant the above application.

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

The Board agreed to grant the above application.

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 applicants on their own behalf, agreed to grant the above application.

(ii) VARIATIONS (MAJOR)

The Board agreed to grant a variation to a layout plan reducing the floor area for beers, wines and spirits to 178.8m2.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation for provision of restaurant facilities prior to on consumption hours, facilities for receptions/clubs/and group meetings, play live recorded music, live acoustic music, children permitted on premises accompanied by an adult and young persons permitted at the discretion of the manager/supervisor and change terminal hour of core times to midnight.

The Board, having heard from the applicant on their own behalf, agreed to a variation to allow instrumental groups and vocalists during core hours Mondays to Sundays, TV, CD player and background music during and outwith core hours Mondays to Sundays, DJ/Disco karaoke Mondays to Sundays during core hours, automatic music playback system during and outwith core hours, vary on/off sales from 11am on a Sunday; vary terminal consumption for on sales to 2.30 am Mondays to Sundays, with minimum entrance charge at midnight and 14 days notice of events; allow conference facilities, receptions, group/club meetings, films, gaming and indoor sports during and outwith core hours; add quiz events, casino nights, horse racing nights and charity events to the operating plan, allow access to children when accompanied for the purpose of having a meal until 8pm and for the duration of a private function.

Young persons will be permitted access until 8pm Mondays to Sundays unaccompanied for the purpose of having a non-alcoholic drink and/or having a meal at the discretion of the management and for the duration of a live performance or televised event. When the premises are operating as a pub/late night opening venue, young persons will not be permitted access after 8pm, and allow bar meals, recorded and televised sport outwith core hours.

The Board agreed to grant a variation to bring forward the hours for the sale of alcohol for consumption on the premises on Sundays to 11am; permit the premises to open for the provision of breakfast and early morning meetings etc from 7am each day; permit private bookings/group meetings and receptions prior to the hours for the consumption of alcohol; allow low level background music prior to the hours for the consumption of alcohol; allow the showing of televised sport prior to the hours for the consumption of alcohol; allow the use of AWP machines prior to the hours for the consumption of alcohol; and allow access to children and young persons to the premises to enable them to take a table meal and permit the sale and service of food and soft drinks on the premises prior to the hours for the consumption of alcohol.

The Board, having heard from a representative of the applicant, agreed to refuse the above application.

The Board agreed to grant a variation for alterations to layout plan. Alcohol area increased from 9.1m2 to 22.58m2.

III PERSONAL LICENCES

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

IV PREMISES LICENCE

(i) REVIEW HEARING - TALLY'S, 11-13 OLD HAWKHILL

The Board agreed to defer the above hearing to the meeting of the Board on 17th November, 2011.

Roderick A J WALLACE, Convener.

APPENDIX I

At a MEETING of the DUNDEE LICENSING FORUM held at Dundee on 6th September, 2011.

Present:-

Dundee Licensing Forum

Dundee Licensing Board

Councillor Christina ROBERTS

Chris SLOAN, Convener, in the Chair.

I APOLOGIES

Apologies were intimated from Councillors Guild, Bowes, Fordyce and Gordon and Mr Simon Goulding.

II MINUTE OF MEETING OF DUNDEE LICENSING FORUM OF 6TH JULY, 2011

The minute of the above meeting was submitted and approved.

III MEMBERSHIP

(a) REPRESENTATION FROM YOUNG PEOPLE

The Forum formally appointed Matt Landsburgh, Chair of Dundee Youth Council.

(b) REPRESENTATION FROM OFF-SALES LICENCE HOLDERS

The Forum formally appointed Paul Howie of C J Lang.

IV ALCOHOL ETC (SCOTLAND) ACT 2010 - GUIDANCE FOR LICENSING BOARDS

Reference was made to paragraph IV of the minute of meeting of 6th July, 2011, wherein the Forum remitted the Secretary to forward the Forum's comments to the Scottish Government. The Forum noted the final approved guidance for Licensing Boards relative to the Alcohol etc (Scotland) Act 2010.

V BOTTLE MARKING SCHEME

On a reference to paragraph V of the minute of meeting of 6th July, 2011, there was submitted, for information, Report No 380-2011 which was approved by the Licensing Board on 18th August, 2011.

The Forum noted the current voluntary nature of the scheme and the role of the Police, Community Wardens and Licensing Standards Officers in identification of premises. The scheme would be monitored and evaluated by the Board with regular updates submitted to the Forum; evaluation results from a similar scheme introduced in Newcastle would be circulated.

The Forum further noted the forthcoming Focus on Alcohol poster campaign by the Dundee Focus on Alcohol Project.

VI BEST BAR NONE 2011

Morag Beattie updated the Forum on Best Bar None 2011. Numbers remained lower than in previous years and efforts to encourage participation were ongoing with the development of new initiatives such as community pubwatch schemes. Tickets for the annual awards ceremony on 25th September, 2011 had sold out.

The role played by Police and Fire Services in promoting membership of the scheme was acknowledged.

VII LICENSING FORUM REVIEW

The Convener confirmed that the draft questionnaire would be circulated for comments prior to issue later in September.

NHS Scotland's recent report evaluating the implementation of the Licensing (Scotland) Act 2005 would also be circulated for information.

VIII STATEMENT OF LICENSING POLICY 2011/2014

Reference was made to Article VIII of the minute of meeting of the Forum of 6th July, 2011, wherein it was agreed that full consideration be given to:-

(i) possible mandatory condition on "on-sales" premises regarding the upkeep and condition of fixtures and fittings; and

(ii) possible mandatory conditions on premises for occasional licences, including training of staff and the number of permissions for a single premise; with a view to making a recommendation to the Licensing Board.

It was reported that the Licensing Board was empowered to impose conditions on new licences provided such conditions were not of a more onerous nature than existing mandatory conditions and were not inconsistent with existing legislation. Variations to existing licences were not currently possible. The Forum could therefore make recommendations to the Board to attach local mandatory conditions, both general and specific, to new licences, within specific limits.

With regards to occasional licences, it was noted that it was not possible to recommend reductions in the numbers granted but, as training issues were not covered by guidance, it would be possible to recommend mandatory training to the Licensing Board.

Following discussion, it was agreed to defer the final decision on any proposals to impose local conditions to the next meeting of the Forum to allow consideration of recommendations drafted by the Senior Solicitor (Licensing) relative to the imposition of conditions.

IX A O C B

(a) AGENDA ITEMS

The Convener requested that, where possible, any items for inclusion on agenda be submitted in advance of meetings.

(b) QUORUM

The Convener made reference to occasional difficulties in obtaining a quorum and confirmed that substitutes were permitted.

(c) FORTHCOMING EVENTS

- Focus on Alcohol project to be launched 26th September, 2011

- Alcohol Awareness Week - commences 14th November, 2011

(d) OVERPROVISION

It was noted that a report on this topic would be submitted to the next meeting.

X DATE OF NEXT MEETING

Tuesday, 6th December, 2011 at 2pm.