Licensing Committee - 26/08/2014
At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th August, 2014.
Present:-
COUNCILLORS
Jimmy BLACK |
Stewart HUNTER |
Lesley BRENNAN |
David BOWES |
Laurie BIDWELL |
Tom FERGUSON |
Councillor Stewart HUNTER, Convener, in the Chair.
The minute of meeting of this Committee of 28th July, 2014 was held as read.
Unless marked thus * all items stand delegated.
I DECLARATION OF INTEREST
No declarations of interest were made.
II CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) LATE HOURS CATERING LICENCE - RENEWALS
Reference was made to Article II and Article III(b) of the minutes of meetings of this Committee held on 19th September, 2013 and 3rd October, 2013 respectively, wherein it was agreed that the Committees policy on trading hours for late hours catering premises would be as follows:-
(i) |
Premises in the City Centre |
Opening Hours - 11pm to 3.30am Mondays to Sundays
|
(ii) |
Premises outwith City Centre |
Opening Hours - 11pm to 12 midnight Sundays to Thursdays and 11pm to 1am Fridays and Saturdays |
The Committee gave further consideration to the policy. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed the following amendments to the policy:-
(i) to exempt supermarkets/superstores, petrol stations and drive-through premises from the policy;
(ii) to allow premises outwith the City Centre currently licensed to operate outwith policy hours to retain current hours until any change of ownership; and
(iii) to extend hours of opening of premises outwith the City Centre for up to 30 minutes after closing of the latest opening liquor licensed premises in the locality.
The Committee further agreed to review the policy in 12 months' time.
There were submitted the undernoted applications:-
No |
Name |
Address of Premises |
Opening Hours
|
1 |
Muhammad Amin |
Shahi Tandoori 31 Albert Street
|
11pm to 2am Mondays to Sundays
|
2 |
Asda Stores Ltd |
Asda Milton of Craigie
|
11pm to 5am Mondays to Sundays
|
3 |
Asda Stores Ltd |
Asda Kingsway East
|
11pm to 5am Mondays to Sundays |
4 |
Nasreen Baswa |
Curryummy 28 Strathmartine Road |
11pm to 12.30am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays
|
5 |
BP Express Shopping Ltd |
BP Kingsway West Filling Station, Kingsway West
|
11pm to 5am Mondays to Sundays |
6 |
Cao Xiaoming |
Dragon's Pearl 30 Constitution Street |
11pm to 1.30am Sundays to Thursdays and 11pm to 2.30am Fridays and Saturdays
|
7 |
Teyfik Cetinkaya |
Khans 273 Brook Street |
From 1st June to 30th November and 3rd January to 31st May 11pm to 1am Mondays to Thursdays and 11pm to 2.30am Fridays and Saturdays. From 1st December to 2nd January 11pm to 2am Mondays to Thursdays and 11pm to 2.30am Fridays and Saturdays
|
8 |
Patricia Chan |
Fine Palate 204-206 Perth Road
|
11pm to 1am Mondays to Sundays |
9 |
Hong Quin Weng |
China China 271 Clepington Road
|
11pm to 1am Wednesdays to Mondays |
10 |
Nashiat Choudry |
Shaheen 167 Perth Road |
From 11pm to 1am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays
|
11 |
Alan Clark |
Clark's Bakery Annfield Road
|
11pm to 5am Mondays to Sundays |
12 |
David Jeffrey |
McDonalds Drive Thru Milton of Craigie Road North
|
11pm to 5am Mondays to Sundays |
13 |
Joup Ltd |
Domino Pizza Unit 1, City Quay
|
11pm to 5am Mondays to Sundays |
14 |
McDonald Restaurants |
McDonalds Kingsway Retail Park
|
11pm to 5am Mondays to Sundays |
15 |
MPGH1 Ltd |
Marco Polo Grill House 3 Hawkhill
|
11pm to 5am Mondays to Sundays |
16 |
Ka Wong |
Sampan 258 Clepington Road
|
11pm to 2am Wednesdays to Mondays |
17 |
P Smith Fabian Sebastian Nonis |
Forfar Road Filling Station Forfar Road
|
11pm to 5am Mondays to Sundays |
18 |
Mohammed H Reza |
Hannahs 297 Brook Street
|
11pm to 1am Mondays to Sundays |
19 |
Yuk Ying Shak |
Po Wah 3 Mauchline Avenue
|
11pm to 1am Mondays to Sundays |
20 |
Shell UK Oil Products Ltd |
Caird Park Filling Station 61 Forfar Road
|
11pm to 5am Mondays to Sundays |
21 |
Tesco Stores Ltd |
Tesco Riverside Drive
|
11pm to 5am Mondays to Sundays |
22 |
Tesco Stores Ltd |
Tesco Extra South Road
|
11pm to 5am Mondays to Sundays |
23 |
Tesco Stores Ltd |
Tesco Petrol Filling Station Kingsway West
|
11pm to 5am Mondays to Sundays |
24 |
Tesco Stores Ltd |
Tesco Extra Kingsway West
|
11pm to 5am Mondays to Sundays |
25 |
Sundas Kamran |
Gangee 164 Strathmartine Road
|
11pm to 1am Mondays to Sundays |
26 |
Kwok Tan Wong |
New 3 Star 29b Strathmartine Road |
11pm to 1am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays
|
27 |
Yin King Wong |
City Star 40 City Road |
11pm to 12.30am Sundays to Thursdays and 11pm to 1.30am Fridays and Saturdays
|
28 |
Mohammed Younas |
Eastern Spice 148 High Street, Lochee
|
11pm to 1am Mondays to Sundays
|
29 |
Young Qun Zhong |
Tak A Wa 243 Clepington Road
|
11pm to 2am Mondays to Sundays |
In the case of Application Nos 1 to 6, 8 to 12 and 14 to 29, having heard from the Legal Officer that these applications should be considered under the newly amended Licensing Policy, the Committee agreed to grant the applications.
In the case of Application No 7, the Committee gave consideration to documentation submitted in support of the application. Thereafter, having heard a representative on behalf of the applicant, a representative on behalf of the Chief Constable and the Legal Officer, Councillor Bidwell, seconded by Councillor Brennan, moved to retain the existing hours of opening. As an amendment, the Convener, seconded by Councillor Black, moved to grant the hours requested. On a division, there voted for the motion - Councillors Bidwell and Brennan (2); and for the amendment - the Convener and Councillors Bowes, Black and Ferguson (4) - whereupon the amendment was declared carried.
In the case of Application No 13, the Committee agreed that the application be granted, subject to the condition that sales be limited to home deliveries only after the hours of 12 midnight.
The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.
(b) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION
There was submitted the undernoted application:-
No |
Name
|
1 |
William Douglas |
The Committee noted a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. Thereafter, there being no objections, the Committee agreed that the application be granted.
The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.
III CIVIC GOVERNMENT (SCOTLAND) ACT 1982
(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS
(i) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 23rd July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr C L and to hold a hearing in relation to the fitness of Mr C L to be the holder of a Taxi Driver's Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and the Legal Officer, the Convener, seconded by Councillor Bowes, moved to lift the immediate suspension and defer the hearing until the meeting of this Committee to be held on 2nd October, 2014. As an amendment, Councillor Brennan, seconded by Councillor Bidwell, moved that the immediate suspension not be lifted. On a division, there voted for the motion - the Convener and Councillors Bowes and Black (3); and, for the amendment - Councillors Ferguson, Bidwell and Brennan (3) - whereupon the Convener gave his casting vote in favour of the motion and the motion was declared carried.
(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 21st July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G M and to hold a hearing in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and a representative on behalf of the licence holder, the Committee agreed to lift the immediate suspension, issue a verbal warning and deferred the hearing for a period of 12 months to allow Mr G M to undertake an appropriate training course for taxi drivers approved by the Licensing Committee.
(iii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 23rd July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G S and to hold a hearing in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence.
There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G S during the currency of his Taxi Driver's Licence.
The Committee gave consideration to the content of the letter. Thereafter, having heard from a representative of the Chief Constable, the Committee agreed to defer the hearing to the November meeting of this Committee and to continue the immediate suspension.
Stewart HUNTER, Convener.