Dundee City Licensing Board - 20/09/2012

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 20th September, 2012.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 16th August, 2012 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(i) NEW GRANTS

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

The Board, having heard from agents on behalf of the applicant and the objector and the Board's Legal Adviser, agreed to defer the above application, subject to re-advertising of the application.

The Board, having heard from an agent on behalf of the applicant, the Board's Legal Adviser and taken account of an objection, agreed to grant the above application.

(ii) VARIATIONS (MAJOR)

The Board agreed to grant a variation to increase off-sales capacity from 221.886m2 to 279.327m2.

The Board, having heard from agents on behalf of the applicant and an objector, agreed to grant a variation to permit the premises to open from 11am on Sundays, extend the closing hour of the premises to 12 midnight, permit off-sales of wines offered for sale on menu daily from 11am-10pm, permit young persons aged 16 and 17 entry to the premises for the purposes of consuming a meal, snack, breakfast or non-alcoholic refreshment and permit live, unplugged music to be performed on the premises.

The Board agreed to grant a 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 grant a variation to allow receptions/club/group meetings prior to on-consumption hours, conferences catered for prior to on-consumption hours, background music for patrons and staff prior to on-consumption hours, dance facilities provided prior to on-consumption hours, showing of televised sport prior to on-consumption hours and allow children and young persons entry to the premises before and after football matches and for private functions.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to increase the core terminal hour for on-sales from 11pm to 12 midnight Mondays to Sundays, operate festive season extensions and other occasional extensions as authorised by Board policy from time to time, food, non-alcoholic beverages and certain facilities to be available outwith core licensed hours, takeaway foods (food and non-alcoholic drinks) may be provided during all opening hours, children aged 0-15 and young persons aged 16 and 17 will be permitted entry to all public areas, including the outdoor area at all times, when the premises are open to the public for the purpose of having a meal or light refreshment, or for ordering or collecting takeaways (children require to be supervised by a person aged 18 or over) and maximum operating capacity limited to 100.

The Board agreed to grant a variation to allow on and off-sales from 11am on Sundays and to remove bar meals and conference facilities from the Operating Plan.

Councillor Hunter declared a non-financial interest by virtue of knowing the applicant, withdrew from the Chamber and took no part in the debate.

The Board, having heard from the applicant on their own behalf and the Chief Constable's representative, agreed to grant a variation to allow access to children and young persons for two hours prior to and one hour after football matches at Dens and Tannadice Parks, but no later than 8pm.

The Board agreed to grant a variation to allow recorded and live music in the bar/lounge, Landmark, Dargie, Gray and function suites during core hours.

The Board agreed to grant a variation to allow children and young persons to remain on the premises until 9.30 pm.

(iii) PERSONAL LICENCES

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

The Board, having heard from the applicant on their own behalf and the Chief Constable's representative, agreed to grant the above application, subject to a warning over their future conduct and to be reviewed after a period of twelve months.

II GAMBLING ACT 2005

(i) BETTING (OTHER) - FULL GRANT

The Board agreed to grant the above application.

III REQUESTS FOR REVIEW HEARINGS

(i) PREMISES LICENCES

The Board agreed to hold review hearings in respect of Tesco Stores Ltd and Martin McColl Ltd.

IV PREMISES LICENCE - VARIATION - UPDATE

(i) GAIETY BAR, BALGARTHNO ROAD, DUNDEE

The Board agreed to note the comments from the Licensing Standards Officer.

V PERSONAL LICENCE

(i) REVIEW HEARING - JASON HAMPTON

The Board, having heard from the licence holder on their own behalf, the Chief Constable's representative and the Board's Legal Adviser, the Convener moved that there were valid grounds to proceed with the Review Hearing. As an amendment, Councillor Gordon, moved that there were no grounds to proceed with the Review Hearing.

On a division, there voted for the motion - the Convener and Councillors Murray and Keenan (3); and for the amendment - Depute Lord Provost Roberts and Councillors Hunter, Cordell, Gordon and Cruickshank (5) - whereupon the amendment was carried.

Thereafter, the Board agreed to take no further action.

David BOWES, Convener.