Dundee City Licensing Board - 21/04/2016

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 21st April, 2016.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 24th March, 2016 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

There were submitted the undernoted applications.

In the case of Application No 1, the Board noted that application had been made for a provisional on‑sales licence. There was submitted a letter of objection from West End Community Council. The Board noted that the objector to the application was not present and agreed that the matter be considered in their absence. There was submitted a copy of the Operating Plan in relation to the application which indicated that the capacity to which the application referred was to be 30 persons. There was also submitted comments which had been received from Building Standards relevant to this application. The Board gave consideration to the content of all documentation submitted. Thereafter, having heard an agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

In the case of Application No 2, the Board noted that application had been made for an on-sales licence. There was submitted a copy of the Operating Plan in relation to the application which indicated that the capacity to which this application referred was to be 67 persons. The Board noted that confirmation of the display of Site Notice had now been received. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

In the case of Application No 3, the Board noted that application had been made for a provisional on-sales licence. There was submitted a copy of the Operating Plan in relation to the application which indicated that the capacity to which this application referred was to be 330 persons. There was also submitted information in support of the application by the applicant together with an external table plan which was circulated. The Board gave consideration to the content of the documentation. Thereafter, having heard an agent on behalf of the applicant, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, subject to the standard conditions regarding timings of operation of the external area.

In the case of Application No 4, the Board noted that the application for provisional on-sales licence had been withdrawn from consideration by the applicant.

(b) VARIATIONS (MAJOR)

There were submitted the undernoted applications.

In the case of Application No 1, reference was made to Article I(b) of the minute of meeting of this Board held on 24th March, 2016, wherein it was agreed to defer consideration of this application to allow the applicant to be present and confirmation of the display of the site notice to be submitted. The Board noted that application had been made for a variation to change permitted opening hours from 1.00 am until 2.00 am Friday and Saturday for the consumption on premises; change to capacity of Decades/No 1s Section to 240; change the description of the premises to Licensed Premises located in the commercial/residential - tenement property, change name of the premises to No 1's Bar and Restaurant. The Board noted that confirmation of the site notice had now been received.

Thereafter, having heard an agent on behalf of the applicant, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, and noting that the applicant had withdrawn that element of the application for change to capacity, the Board agreed that the application be granted.

In the case of Application No 2, the Board noted that application had been made to allow an outside drinking area and an off-sales facility and to amend the constitution to allow four guests per member. There was submitted a copy of the constitution, together with the amendment as applied for. There were submitted 15 letters of objection from members of the public to the application to allow for an outside drinking area and a letter of objection which was received from Coldside Community Forum. There were also submitted seven letters of objection to the application for change of constitution from members of the public. There was also submitted a letter of support in relation to the applications. The Board gave consideration to the content of all documentation as submitted. Thereafter, having heard objectors to the applications, an agent on behalf of the applicant, a representative on behalf of the applicant, a representative of the Chief Constable, a Licensing Standards Officer, and consideration of supporting evidence which had been tabled by the applicant, and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, with the exception of the off-sales facility which the Board noted had been withdrawn by the agent for the applicant.

In the case of Application No 3, the Board noted that application had been made for variation to allow access for unaccompanied young persons for the consumption of a meal. There was submitted a copy of the application. There was also submitted a letter of objection from West End Community Council and a letter of objection from a member of the public relevant to this application. The Board noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Board noted the advice of the Legal Officer that the objection which had been submitted by a member of the public was not relevant to the application and agreed that it not be considered. Thereafter, having heard an agent on behalf of the applicant, a representative on behalf of the applicant, and consideration of supporting documentation which had been tabled by the agent on behalf of the applicant, and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

David BOWES, Convener.