Dundee City Licensing Board - 20/06/2002

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 20th June, 2002.

Present:-

COUNCILLORS

Councillor George REGAN, in the Chair.

The minute of meeting of the Licensing Board of 25th April, 2002 was held as read.

I APPOINTMENT OF CHAIRMAN

The Board agreed that Councillor Regan be re-appointed Chairman for the forthcoming year, whereupon he took the Chair.

II LICENSING BOARD POLICIES

(i)                     CONDITIONS ATTACHED TO ENTERTAINMENT LICENCES

There was submitted Report No 551-2002 by the Clerk to the Licensing Board advising members of proposed amendments to the conditions attached to entertainment licences.

The Board agreed:-

(a)                    that the minimum charge remain at 2.50;

(b)                    to attach the new condition as outlined in Paragraph 6.4 of the attached report (Appendix I) to all Entertainment Licences (Discos);

(c)                    to attach the condition to Regular Extension of the Permitted Hours, thereby allowing the condition to be attached to all premises in a shorter timescale that if it were only attached to licences, i.e. a maximum period of one year as opposed to three;

(d)                    that a voluntary code of conduct be introduced; and

(e)                    remitted to the Clerk to consult and report thereon to a future meeting.

(ii)                    REVIEW OF LATE LICENCES

There was submitted for information a letter from the Dundee Licensed Trade Association.

III LICENSING (SCOTLAND) ACT 1976

(a)                    REQUEST FOR SECTION 32 HEARING

The Board agreed that a Section 32 Hearing be convened in respect of the undernoted premises.

(i)                     Castaways, 98/100 Nethergate.

(b)                    APPLICATIONS FOR RENEWAL OF LICENCES

* Denotes Sunday Opening

$ Denotes Childrens Certificate

In the case of application No 11 by Dalgety Taverns in respect of premises at Riverside Drive, the Board having heard from an officer from the Environmental and Consumer Protection Department agreed to grant the application.

In the case of application No 15 by Dundee University Students Association in respect of premises at Airlie Place, Councillor Julia Sturrock declared an interest and took no part in the debate.

In the case of application No 19 by Howie and Company (Scotland) Limited in respect of premises at 25 South Tay Street, the Board having heard from the applicant on their own behalf agreed to grant the application.

In the case of application No 22 by Liberty Nightclub Co Ltd in respect of premises at 124 Seagate, the Board agreed to grant the application subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

In the case of application No 23 by Luminar Dancing Limited in respect of premises at 4/6 South Ward Road, the Board having heard from an agent on behalf of the applicant agreed to grant the application subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

In the case of application No 29 by Anne Gunn Mowat in respect of premises at 21 Princes Street, the Board, having heard from the Pub Estate Company and having taken into consideration a letter of information dated 10th May, 2002 from the Chief Constable, agreed to grant the application.

In the case of application No 32 by Maureen Reilly in respect of premises at Balgarthno Road, Councillor Ward declared an interest and took no part in the debate.

In the case of application No 37 by Subway leisure Limited in respect of premises at 60 Brown Street (Oxygen), the Board having heard from an agent on behalf of the applicant who indicated that all unauthorised alterations had been downtaken and from representatives from the Environmental and Consumer Protection Department and Tayside Fire Brigade agreed to grant the application subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

In the case of application No 38 by Subway Leisure Limited in respect of premises at 60 Brown Street (The Subway), the Board having heard from an agent on behalf of the applicant agreed to grant the application subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

There being no further objections the Board agreed to grant the remaining applications.

(c)                    APPLICATION FOR REGULAR EXTENSION OF PERMITTED HOURS

11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to cater for the demand from tourists and visitors.

From 10 am to 11 am Mondays to Saturdays, 11 pm to 12 midnight Fridays and Saturdays, 10 am to 12.30 pm and 2.30 pm to 6.30 pm Sundays and 11 pm to 2 am on 24th and 31st December for Bowling Matches, Tournaments etc and for the benefit of members.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the benefit of the public and to cater for local demand.

11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to cater for local residents, students, passing trade and late night entertainment.

From 11 pm to 1 am Fridays and Saturdays, 11 pm to 12 midnight Sundays to Thursday and 11 am to 12.30 pm and 2.30 pm to 6.30 pm Sundays for entertaining visiting clubs social functions, and members' activities.

From 11 pm to 12 midnight Sundays to Thursdays, 11 pm to 1 am Fridays and Saturdays, 2.30 pm to 6.30 pm Sundays for completion of competition, and the benefit of shiftworkers.

From 11 pm to 12 midnight Sundays to Thursdays, 11 pm to 1 am Fridays and Saturdays and 2.30 pm to 6.30 pm Sundays for shiftworkers, late night entertainment, travellers, existing clientele, shoppers, Caird Hall concerts and the benefit of the community.

From 11 pm to 12 midnight on Mondays to Thursdays, 11 pm to 2.00 am Fridays and Saturdays and 2.30 pm to 6.30 pm and 11 pm to 12 midnight on Sundays for members holding competitions and shiftworkers.

From 2.30 pm to 6.30 pm Sundays to satisfy demand from residents and tourists.

From 11 pm to 1 am Fridays and Saturdays and 2.30 pm to 6.30 pm Sundays for the benefit of members and social events.

From 11 pm to 2.30 am Mondays to Sundays to meet the social needs and demands of the public.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to meet the social needs and demands of shoppers, shiftworkers and tourists.

From 11 pm to 12 midnight Mondays to Thursdays, 11 pm to 1 am Fridays and Saturdays, and 2.30 pm to 6.30 pm and 11 pm to 12 midnight Sundays for shiftworkers, general public dancing, and live entertainment.

From 11 pm to 12 midnight Fridays and Saturdays and 2.30 pm to 6.30 pm Sundays for additional social sports and recreational facilities for club members and guests.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to meet the need in the locality, shoppers, shiftworkers and satellite TV.

From 11 pm to 1 am Mondays to Saturdays and 11 am to 12.30 pm and 2.30 pm to 6.30 pm and 11 pm to 1 am Sundays for matches, functions, events, bridge/whist drives and other club activities.

From 11 pm to 12 midnight Sundays to Thursdays, 11 pm to 1 am Fridays, 11 pm to 2 am Saturdays and 2.30 pm to 6.30 pm Sundays for the convenience and benefit of Society Members and for social functions.

From 11 pm to 1 am Fridays and Saturdays for occasional private functions.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to cater for members returning from matches, transmission of BSB television showing mid week games, live musical entertainment, inter club matches and  quiz nights.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the convenience of students visitors and shiftworkers.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for snooker players, members and guests and the benefit of the locality.

From 11 pm to 12 midnight Mondays to Sundays and 10 am to 12.30 pm and 2.30 pm to 6.30 pm Sundays for extending hospitality to visiting bowlers and social activities in late season and winter.

From 11 pm to 12 midnight Saturdays and 2.30 pm to 6.30 pm Sundays as ancillary to bingo sessions and karaoke and cabaret evenings.

11 pm to 12 midnight Mondays to Sundays in the Lounge and Public Bars on the lower ground floor, and 11 pm to 1 am Mondays to Sundays in the rest of hotel, upper ground and first floor for tourists and existing clientele of the locality.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays to satisfy demand from patrons, customers and visitors.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the convenience of shiftworkers and late workers.

From 11 pm to 2 am Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for diners, tourists, and local demand.

From 11 pm to 1 am Fridays, 2.30 pm to 6.30 pm Sundays and 11 pm to 12 midnight Saturdays to Thursdays for sporting functions, tournaments and inter lodge visitations.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm on Sundays for the benefit of Shiftworkers and late workers.

From 11 pm to 1 am on Mondays to Sundays and 11 am to 12.30 pm and 2.30 pm to 6.30 pm on Sundays for members shiftworkers and social activitites.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for shiftworkers, local residents and shoppers.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the convenience of patrons, shiftworkers and others.

From 2.30 pm to 6.30 pm Sundays to cater for members Bingo Sessions.

From 11 pm to 12 midnight Mondays to Thursdays, 11 pm to 1 am Fridays and Saturdays and 2.30 pm to 6.30 pm and 11 pm to 12 midnight Sundays to provide a service for members including cabarets and other special events and for extending hospitality to visiting teams on sporting occasions.

From 11 pm to 4 am Mondays to Sundays and 2.30 pm to 6.30 pm on Sundays to meet public demand for gaming.

From 11 pm to 3.30 am Mondays to Sundays to cater for patrons using the discotheque, including private parties, functions and dances and thereby to meet the need in the locality and for the benefit of the community in the locality.

From 11 am to 12.30 pm and 2.30 pm to 6.30 pm on Sundays to cater for city centre shoppers and local clientele.

From 11 pm to 1 am Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the social circumstances of the locality.

From 11 pm to 12 midnight Sundays to Thursdays, 11 pm to 12.30 am Fridays and Saturdays and 2.30 pm to 6.30 pm Sundays for the convenience of local residents, students, visitors and shiftworkers and to benefit the locality by the provision of late night service.

From 11 am to 12.30 pm and 2.30 pm to 6.30 pm Sundays, 11 pm to 12 midnight Saturdays to Thursdays and 11 pm to 1 am Fridays for the provision of refreshments ancillary to entertainment.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for local residents, patrons, tourists and shiftworkers.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the benefit of tourists and rail travellers.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the benefit of shoppers, shiftworkers and the local community.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays on the Ground Floor for local residents, patrons and shiftworkers and 11 pm to 1 am Mondays to Sundays and 2.30 pm to 6.30 pm Sundays in first floor function suite for private functions only

From 11 pm to 1 am Mondays to Sundays and 2.30 pm to 6.30 pm Sunday for the convenience of shift workers and to meet local demand.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for tourists, local demand and shiftworkers.

From 11 pm to 12 midnight Mondays to Sundays, and 2.30 pm to 6.30 pm Sundays in the whole premises, including lounge and public bars, and from 11 pm to 1 am Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for private functions only.

From 11 pm to 1 am Mondays, Tuesdays and Thursdays, 11 pm to 2.30 am Wednesdays Fridays and Saturdays and 11 pm to 12 midnight Sundays for functions, club events, discos, dances, etc.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays for the benefit of late workers and shiftworkers.

From 11 pm to 1 am Mondays to Sundays and 11 am to 12.30 pm and 2.30 pm to 6.30 pm Sundays for members functions, afternoon activities, funeral parties, pool, domino and dart competitions, dances and cabarets.

From 11 pm to 12 midnight Mondays to Sunday and 2.30 pm to 6.30 pm Sunday to accommodate demand for live entertainment, and local demand.

From 11 pm to 12 midnight Mondays to Sundays and 2.30 pm to 6.30 pm Sundays due to the social circumstances of the locality.

In the case of application No 1 by Apex Hotels Limited in relation to premises at Pacific Quay, the Board having heard from an agent on behalf of the applicant agreed to defer the case to the Adjourned Licensing Board.

In the case of application No 7 by Gordon Bruce in respect of premises at 5 New Inn Entry, the Board having heard from the applicant on his own behalf the Chairman moved that the application be granted to 12 midnight only.  As an amendment Councillor Mackie moved that the application be granted to 1 am for a further six months.

On a division, there voted for the motion - the Chairman, Lord Provost and Councillors Wright, Sturrock, Ward and Dawson (6); and for the amendment - Councillors Fordyce and Mackie (2) - whereupon the motion was carried.

The Board further agreed that no further application to 1 am would be permitted.

In the case of application No 11 by Dean Entertainments Limited in respect of premises at 4 Meadowside, the Board having heard from the applicant on their own behalf agreed to grant the application subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

In the case of application No 13 by David Dodds in respect of premises at 39 Union Street, the Board having heard from the applicant on his own behalf, the Chairman moved that the application be granted to midnight only.  As an amendment, Councillor Ward moved that he application be granted to 1 am.

On a division, there voted for the motion - the Chairman, Lord Provost and Councillors Wright and Sturrock (4); and for the amendment - Councillors Ward, Fordyce, Dawson and Mackie (4).  There being a parity of votes the Chairman used his casting vote in favour of the Motion.

The Board further agreed that no further application to 1 am would be permitted.

In the case of application No 24 by Howie and Company (Scotland) Limited in respect of premises at 25 South Tay Street the Board having heard from the applicant on their own behalf agreed to grant the application.

In the case of application No 25 by J D Wetherspoon Plc in respect of premises at 7/9 Seagate, the Board having heard from an agent on behalf of the applicant agreed that the application for a Children's Certificate be deferred to the Adjourned Licensing Board but agreed to grant the remainder of the application.

In the case of application No 28 by Lodge Camperdown No 317 in respect of premises at 1A Wellington Street, the Lord Provost and Councillor Mackie declared an interest and took no part in the debate.

In the case of application No 36 by Pigalle Entertainments Limited in respect of premises at 31 South Ward Road, the Board having heard from an agent on behalf of the applicant agreed to grant the application to 2.30 pm subject to the following conditions:-

(i)                     a minimum charge for entry to the premises, applicable to persons 18 years of age and over, should be charged:  this charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June;  and

(ii)                    the above minimum charge shall not be offset in any way:  for the avoidance of doubt, offsetting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers, and (b) the advance purchase of tickets granting entry on more than one evening.

In the case of application No 38 by Pygmalion Properties Limited in respect of premises at 2 Whitehall Crescent, the Board having heard from an agent on behalf of the applicant agreed to grant the application to midnight and to refuse a direction in terms of Section 64(9) of the Licensing (Scotland) Act 1976.

In the case of application No 39 by Redwood Leisure Limited in respect of premises at 314/316 Brook Street, the Board having heard from an agent on behalf of the applicant agreed to grant the application to midnight and to refuse a direction.

In the case of application No 44 by Springfield Properties in respect of premises at 3/7 Erskine Lane, the Board having heard from an agent on behalf of the applicant agreed to grant the application.

In the case of application No 45 by Geraldine Stewart in respect of premises at 27 Gray Street, the Board having heard from an agent on behalf of the applicant agreed to grant the application to midnight only.

In the case of application No 49 by Warnock Inns Limited in respect of premises at Charleston Drive, the Board having heard from an agent on behalf of the applicant noted that the application for transfer had been withdrawn and agreed to grant the remainder of the application.

In the case of application No 51 by Ian Whyte in respect of premises at 13 Brown Street, the Board having heard from a representative on behalf of the applicant agreed to defer the case to the Adjourned Licensing Board.

There being no further objections the Board agreed to grant the remaining applications.

(d)                    APPLICATION FOR MUSICAL ENTERTAINMENT CONSENT

Live Bands, comedy, karaoke, cabaret, DJ, TV set, automatic music system and juke box on Mondays to Sundays during the permitted hours.

TV, automatic music system, juke box, disco, instrumental groups, vocalists, DJ, comedy acts, and cabaret, Mondays to Sundays during permitted hours.

Instrumentalists and vocalists (not more than 5 artistes) Thursday to Sunday during permitted hours and any extension thereof

Background music from CD player, cassettes Mondays to Sundays during permitted hours.

Canned music and occasional DJ Mondays to Sundays during permitted hours.

TV set, CD player, and karaoke, Mondays to Sundays during permitted hours.

TV, juke box, disco, karaoke, live groups (not more than 6 artistes) Mondays to Sundays during the permitted hours.

Disco, live entertainment, groups etc.

TV, automatic music system, juke box, karaoke, disco, live groups (maximum 4 artistes) Mondays to Sundays during permitted hours.

TV Set, automatic music system, disco, instrumental groups (maximum 8 artistes), vocalists (maximum 6 artistes) and Karaoke on Wednesday, and Friday to Sundays during the permitted hours.

In the case of application No 2 by G11 Limited in respect of premises at 100/108 Commercial Street, the Board having heard from an agent on behalf of the applicant agreed to grant the application.

In the case of application No 3 by Gorsebrig Limited in respect of premises at Unit 1A, City Quay, the Board noted that the application had been withdrawn.

In the case of application No 4 by Heather Ann Hanna in respect of premises at 295 Perth Road the Lord provost declared an interest and took no part in the debate and thereafter the Board having heard from an agent on behalf of the applicant agreed to defer the application to the Adjourned Licensing Board.

In the case of application No 6 by Anne Gunn Mowat in respect of premises at 21 Princes Street, the application was withdrawn.

There being no further objections the Board agreed to grant the remaining applications.

(e)                    APPLICATION FOR CHILDRENS CERTIFICATES

11 am to 8 pm Monday to Saturday and 12.30 pm to 8 pm Sunday to the rear of the premises on the south wall.

11 am to 8 pm Monday to Saturday and 1.30 pm to 8 pm Sundays on the raised area only on west wall (Reform Street).

In the case of application No 1 by J D Wetherspoon plc in relation to premises at 7/9 Seagate, the Board having heard from an agent on behalf of the applicant agreed to defer the application to the Adjourned Licensing Board.

In the case of application No 2 by J D Wetherspoon plc in relation to premises at 67/71 Reform Street and 1 Albert Square, the Board having heard from an agent on behalf of the applicant agreed to defer the application to the Adjourned Licensing Board.

(f)                     APPLICATIONS FOR CONFIRMATION

There being no objections the Board granted the undernoted applications.