Dundee City Licensing Board - 05/02/2004

At the ADJOURNED MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 5th February, 2004.

Present:-

Lord Provost John R LETFORD

Bailies

Councillors

Bailie POWRIE, Chairman, in the Chair.

The minute of meeting of the Board of 15th January, 2004 was held as read.

Unless marked thus * all items stand delegated.

Before considering the business on the agenda the Chairman informed the Board that a petition had been received from the Trades House Bar against the refusal of their Children's Certificate because of the Board's policy on smoking when their Children's Certificate was in operation and claiming they were being discriminated against.

The Chairman acknowledged receipt of the petition reiterating the Board's position that the condition relating to Children's Certificates and smoking would remain, that the Children's Certificate had not been refused but had been granted with the condition attached and that there was no discrimination by the Board towards the Trades House Bar.

The Chairman also acknowledged a letter from Deacon Brodie's which highlighted an exhibition of an air purification system to be held on 24th February 2004. The Board agreed that any interested member attend together with a representative from Environmental Health.

I LICENSING (SCOTLAND) ACT 1976

(a) APPLICATION FOR RENEWAL OF LICENCES

* Denotes Sunday Opening

$ Denotes Children's Certificates

The Board, having heard from an objector and an agent on behalf of the applicant agreed to refuse the above application.

The Board, having heard from an objector and an agent on behalf of the applicant, the Chairman moved to grant the above application. As an amendment, the Lord Provost moved to refuse the application on the grounds that the applicant was not a fit and proper person.

On a division, there voted for the motion The Chairman, Bailie Mackie and Councillor Don (3); and for the amendment, the Lord Provost, Bailie Corrigan and Councillor Dawson (3); Bailie Wright and Councillors Grant and Regan being absent when the vote was taken.

There being a parity of votes the Chairman used his casting vote in favour of the motion granting the above application.

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

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

The Board, having heard from an officer from Environmental Health and Consumer Protection and an agent on behalf of the applicant agreed to grant the above application.

The Board agreed not to consider the above application.

(b) APPLICATION FOR PERMANENT TRANSFER - SECTION 25(1)

The Board, having taken legal advice on the relevancy of an observation from the Chief Constable agreed to grant the above application.

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

The Board agreed to grant the above application.

The Board, having taken legal advice on the relevancy of an observation from the Chief Constable, agreed to grant the above application.

The Board agreed to grant the above application.

(c) APPLICATION FOR MUSICAL ENTERTAINMENT CONSENT

Music system and TV during permitted hours and karaoke Fridays and Saturdays during permitted hours and any extension thereof.

The Board noted that the above application had been withdrawn.

(d) APPLICATION FOR CHILDREN'S CERTIFICATE

The Board agreed to refuse the above application.

(e) APPLICATION FOR GRANT (INCLUDING PROVISIONAL GRANT) OF LICENCE

The Board noted that the above application had been withdrawn.

NEIL I C POWRIE, Chairman.