Dundee City Licensing Board - 20/11/2003

At an ADJOURNED MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 20th November, 2003.

Present:-

LORD PROVOST

BAILIES

COUNCILLORS

Bailie Neil I C POWRIE, Chairman, in the Chair.

The minute of meeting of this Board of 23rd October, 2003 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING (SCOTLAND) ACT 1976

(a) APPLICATION FOR RENEWAL OF LICENCE

* Denotes Sunday Opening

$ Denotes Children's Certificate

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board, having heard from a representative of the applicant and from an Officer from Environmental Health and Trading Standards, Councillor Grant moved to refuse the application.

As an amendment, Councillor FitzPatrick moved approval of the application subject to a Section 32 Hearing.

On a division, there voted for the motion - the Lord Provost, Bailie Mackie and Councillors Grant, Regan, Barrie and Don(6); and for the amendment - the Chairman and Councillor FitzPatrick (2); whereupon the motion was declared carried refusing the application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

The Board agreed to grant the above application.

(b) APPLICATIONS FOR PERMANENT TRANSFER OF LICENCE IN TERMS OF SECTION 25(1)

The Board agreed to grant the above application.

The Board, having heard from a representative of the applicant and heard from the Legal Officer that the application was incompetent, agreed not to consider the application.

(c) APPLICATION FOR TEMPORARY TRANSFER OF LICENCE IN TERMS OF SECTION 25(1)(B)

In respect of this application the Board gave consideration to a letter which had been submitted by Tayside Police. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constable's representative as to their age and nature, the Board agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard from an agent on behalf of the applicant and the Legal Officer, the Board agreed to grant the application.

(d) SUBSTITUTION OF EMPLOYEE IN TERMS OF SECTION 25(3)

In respect of this application the Board gave consideration to a letter which had been submitted by Tayside Police. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and, after hearing the Chief Constable's representative as to their age and nature, the Board agreed that they be considered since justice could not otherwise be done.

Thereafter, having heard from an agent on behalf of the applicant, the Board agreed to grant the above application.

(e) APPLICATIONS FOR REGULAR EXTENSION OF PERMITTED HOURS

The Board having heard from an agent on behalf of the applicant, agreed to grant the above application from Monday to Sunday 11 pm to 1 am and 2.30 pm to 6.30 pm for the benefit of shiftworkers and tourists.

From 11 pm to 2.30 am Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the benefit of patrons attending discos.

The Board having heard from an agent on behalf of the applicant and from the Legal Officer that the application was incompetent, agreed not to consider the above application.

Councillor Regan declared an interest and took no part in the debate.

The Board, having heard from the applicant on their own behalf, and from one of the objectors who stated that subsequent to a meeting with the applicant which had addressed the concerns of the local community the objections had been withdrawn, agreed to grant the application from 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for members who work shifts for inter club competitions.

(f) APPLICATIONS FOR THE GRANT OF CHILDREN'S CERTIFICATES

The Board, having heard from the applicant on their own behalf, agreed to grant the above application from 12 noon to 7 pm daily or reduced hours to be notified to the Clerk and subject to the following condition:-

During the hours when this certificate is in force, smoking shall be prohibited in all parts of the licensed premises of which the premises specified in the application for the certificate forms part.

The Board, having heard from the applicant on their own behalf, agreed to grant the above application from 11 am to 3 pm and 5 pm to 8 pm Mondays to Saturdays and 12.30 pm to 3 pm and 5 pm to 8 pm on Sundays or reduced hours to be notified to the Clerk and subject to the following condition:-

During the hours when this certificate is in force, smoking shall be prohibited in all parts of the licensed premises of which the premises specified in the application for the certificate forms part.

From 11 am to one hour before the commencement of door staff from Mondays to Sundays in the entire premises.

The Board agreed to refuse the above application.

The Board, having heard from the applicant on their own behalf, agreed to grant the application from 12 noon to 3 pm and 5 pm to 8 pm Mondays to Saturdays in the whole premises or reduced hours to be notified to the Clerk and subject to the following condition:-

During the hours when this certificate is in force, smoking shall be prohibited in all parts of the licensed premises of which the premises specified in the application for the certificate forms part.

The Board noted that the above application had been withdrawn.

(g) APPLICATION FOR MUSICAL ENTERTAINMENT CONSENT

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application for background music, live entertainment (maximum 2) and Tandoori karaoke on occasions Monday to Sunday during permitted hours.

(h) APPLICATIONS FOR THE GRANT (INCLUDING THE PROVISIONAL GRANT) OF NEW LICENCES

Councillor Regan declared an interest and took no part in the debate.

The Board, having heard from the applicant on their own behalf, and from one of the objectors who stated that subsequent to a meeting with the applicant which had addressed the concerns of the local community the objections had been withdrawn, agreed to grant the above application subject to the attachment of the rules of the club as approved by the Board.

The Board noted that the above application had been withdrawn.

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

The Board, having heard from an agent on behalf of the applicant, accepted a claim of inadvertence and agreed to defer the application to a special meeting.

NEIL I C POWRIE, Chairman.