Dundee City Licensing Board - 16/08/2012

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 16th August, 2012.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 14th June, 2012 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) OCCASIONAL GRANT

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

(b) NEW GRANTS

The Board, having heard from a representative of the applicant, agreed to grant the above application, with the exception of 1.00 am on Fridays and Saturdays which was restricted to midnight.

The Board, having heard from an agent on behalf of the applicant, an agent on behalf of the objector and the Board's Legal Adviser, agreed to defer the above application.

(c) VARIATION (MAJOR)

The Board agreed to grant a variation to open from 11.00 am on Sundays with associated changes to musical entertainment and admission of children and young persons.

The Board agreed to grant a variation to the layout plan increasing capacity from 26.38m2 to 33.75m2.

The Board agreed to grant a variation to the layout plan to increase the height of the alcohol display units to create extra storage for stock.

The Board agreed to grant a variation to the layout plan increasing capacity to 39.08m2..

Variation to local conditions to allow television, automated music playback system, live acoustic bands (max three artistes), prior to and during core hours.

The Board agreed to defer the above application.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to allow opening an hour and a half later on Mondays, extending core times to 2.30 am for when alcohol will be sold for consumption on premises, opening an hour and a half earlier on Sundays, ie from 11.00 am and extending the footprint of the licensed area of Level 1 of the Student's Association building to include an external terraced area (the Airlie Place Terrace) immediately adjacent to the Students' Association building.

The Board agreed to grant a variation to allow conferences, club meetings, receptions, recorded music, restaurant facilities and bar meals outwith core hours from 7.00 am. No alcohol to be sold before 11.00 am. Premises provide 24 hour reception. Young persons allowed access to the premises without adult supervision.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to the layout plan to incorporate a smoking shelter and to add the diner servery as an alcohol sales point.

The Board, having heard from the applicant on their own behalf, agreed to alterations to the layout plan and change of name to Chambers Music Bar.

The Board, having heard from agents on behalf of the applicant and objector, the Convener moved to refuse that part of the variation seeking opening until 2.30 am Mondays to Sundays and to otherwise grant the application to allow alcohol to be sold for consumption on and off the premises from 11.00 am on Sundays, to allow children access to the premises until 10.00 am for the purpose of consuming a meal, or until 12 midnight when attending a function. Children must be accompanied by an adult. Allow unaccompanied young persons access to the premises until 12 midnight. Children and young persons will have access to all public areas.

As an amendment, Councillor Hunter moved approval of the variation to include allowing alcohol to be sold for consumption on the premises until 2.30 am Thursdays to Sundays, with a condition that fourteen days' notice is given to the Licensing Office if opening on any other day between Monday and Wednesday until 2.30 am and that the minimum charge be applied on every occasion the premises are open after midnight.

On a division, there voted for the motion - the Convener and Councillor Gordon (2); and for the amendment - Depute Lord Provost Roberts, and Councillors Murray, Hunter, Cordell and Cruickshank (5) - whereupon the amendment was declared carried.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to allow alcohol to be sold for consumption on the premises until 1.00 am Mondays to Sundays, adding seasonal variations; changes to activities; adding any other activities; removal of the cafe area on the ground floor, and re-opening of bar area on the first floor.

The Board agreed to grant a variation to the layout plan to replace existing wine tower with wine table capacity increasing from 373.26m2 to 373.33m2.

The Board agreed to grant a variation to allow bar meals during and outwith core hours, receptions during and outwith core hours, club or other group meetings during and outwith core hours, recorded music outwith core hours, live performances to be provided outwith core hours, dance facilities during and outwith core hours, gaming during core hours, televised sport during and outwith core hours, to allow adult entertainment to be provided outwith core hours, an additional one hour for the premises to remain open after the terminal hour of 2.30 am (this is to provide non-alcoholic beverages, food and entertainment), amend Q5(g) to show 'Yes' for more people standing than seated and information to explain why activities are taking place outwith core hours.

The Board agreed to grant a variation to vary the on consumption terminal hour on a Monday to Sunday from 12 midnight and 12.30 am, respectively, to 1.00 am, amend restaurant facilities to be permitted outwith core hours, amend bar meals to be permitted outwith core hours, amend receptions to be permitted outwith core hours, add 'live performance' during core hours, add 'gaming' during core hours, vary the information required to explain why activities detailed in the operating plan are outwith core hours, add information in other activities 5(f) of the operating plan to show 'quiz nights, charity nights, children's parties (during children's parties all alcohol will be removed from sale or covered up)', vary access for children and young persons, and that background music is permitted during and outwith core hours and live music, karaoke and DJ/disco is permitted during core hours only.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to allow alcohol to be sold for consumption off the premises from 8.00 am. Variation to allow breakfast to be served from 8.00 am. Variation to allow films to be shown during and outwith core hours, but not before 8.00 am and not later than the terminal hour.

The Board agreed to grant a variation to amend on consumption hours on a Sunday from 11.00 am, amend off-sale hours to allow the facility to be used from 11.00 am on a Sunday, permit bar meals during and outwith core hours, amend reception/club and other group meetings to take place prior to on consumption hours, amend televised sport to be shown prior to on consumption hours, amend recorded music to allow outwith core hours to accompany other activities permitted. Amend any other activities as follows: provide a range of activities during core hours such as quiz nights, dominoes, charity nights or similar social activities appropriate to the target market. Amend to allow access for children and young persons ages 0-17 when accompanied by an adult when consuming a non‑alcoholic refreshment and/or snack, or attending a family event/function. Young persons will also be admitted entry unaccompanied for purchasing items from the Coffee House for consumption off the premises. They will be permitted until 8.00 pm or until the end of any private family type celebration which may be being held, and will have access and egress to all public areas of the premises but will not be permitted to be seated at the bar.

The Board, agreed to grant a variation to Local Condition 1 to read as follows, 'Radio Tape, Compact Disc, Automatic Music System, during all hours that the premises is open and live music (maximum of five vocalists or instrumentalists) during all licensed hours'. Variation to show on-sales core licensed hours from 11.00 am, variation to show off-sales core licensed hours from 11.00 am, to show club and group meetings as activities within and outwith core licensed hours, variation to show live performances as an activity within core licensed hours and televised sports as an activity within and outwith core licensed hours, variation of the operating plan to remove the existing wording in the free text box above question 5(f) and replace with the following statement:- 'food and non-alcoholic beverages together with the other activities noted above may be available prior to core licensed hours. No activities will take place after core hours (with or without the provision of alcohol) unless under the authority of an extended hours application, seasonal variation or general extension.' Variation of Question 6(d) to read, 'until 10.00 pm'.

Variation to allow recorded and live music in the bar/lounge, landmark, dargie, gray and function suites during core hours.

The Board agreed to defer the above application.

The Board agreed to grant a variation to change Sunday core opening times for on and off consumption to be the same as the rest of the week ie on 11.00 am - 1.00 am, off 11.00 am - 10.00 pm, allow social function - receptions, entertainment - indoor/outdoor sports and entertainment - televised sport. If accompanied by an adult, children or young persons are permitted for functions or having a meal. Anyone under the age of 18 will be granted access to the bar area but not sit at the bar.

II GAMBLING ACT 2005

(a) BINGO - VARIATIONS

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to allow bingo to be played on the premises until 1.00 am Mondays to Sundays.

The Board agreed to grant a variation for extension of the secure external customer smoking area which can only be accessed from within the licensed bingo club, together with alteration to the lay-out of the premises to create an enlarged amusement machine area, separate electronic bingo lounge from the main hall with new bar and food ordering point. The existing buffet counter to be closed off and replaced with an enhanced range of food and meals ordered at the bars and cooked to order and served to customers at their tables.

III REQUEST FOR REVIEW OF PERSONAL LICENCE

The Board, having heard from the Chief Constable's representative, and the Board's Legal Adviser, the Convener moved to grant a request for review of the personal licence in respect of Jason Hampton. As an amendment, Councillor Gordon moved that a review should not be held.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts and Councillors Murray, Hunter and Cordell (5); and for the amendment - Councillors Gordon and Cruickshank (2) - whereupon, the motion was declared carried.

David BOWES, Convener.