Dundee City Licensing Board - 18/11/2004

At an ADJOURNED MEETING of DUNDEE CITY LICENSING BOARD held at Dundee on 18th November, 2004.

Present:-

LORD PROVOST

BAILIES

COUNCILLORS

Bailie POWRIE, Chairman, in the Chair.

The minute of meeting of the Board of 21st October 2004 was held as read.

I REQUEST FOR SECTION 31 HEARING

The Board agreed to hold a Section 31 Hearing in respect of the above.

II NATIONAL LICENSING CONFERENCE 2004

It was reported that the above one day event in Glasgow on Thursday, 2nd December, 2004 would look at key points of the proposed changes to the licensing system following the Nicolson Report.

The Board agreed the attendance of the Chairman, Councillor Fordyce and any other interested member of the Board at the above conference on 2nd December, 2004 at a cost of 85 per delegate, excluding travel and subsistence.

III CODE OF CONDUCT

The Board were informed of the decision of the Court of Session issued on 5th November, 2004 concerning the challenge by some public house licence holders to the minimum price scheme proposed by Aberdeen Licensing Board. The Court held that it was outwith the powers of Licensing Boards to prescribe minimum prices for alcohol by way of conditions attached to the grant of regular extensions.

This Board currently attached a Code of Conduct to Grants of Regular Extensions, part of which sought to lay down minimum prices for alcohol outwith the hours covered under the extensions. The Board expected licensees to comply with the terms of the Code but was not made a condition of the grant of licences nor were any written undertakings demanded from licensees. Nevertheless the Board would have regard to the Code when assessing the fitness of licensees in the event of any complaints being received.

It would be likely that the minimum price provisions of the Code would also be ruled to be outwith the Board's powers in the event of any challenge in the Courts. That did not mean to say, however, that the other provisions of the Code, some of which sought to address the problems caused by binge drinking, would go the same way.

The Board agreed that the matter be discussed at the next meeting of the Liquor Licensing Forum on 1st December, 2004 with a view to strengthening the Code's existing provisions and including any new matters in it relating to the whole question of the conduct of licensed premises in the city.

IV LICENSING (SCOTLAND) ACT 1976

(a) APPLICATIONS FOR RENEWAL OF LICENCES

* Denotes Sunday Opening

$ Denotes Children's Certificates

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

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

The Board, having noted that neither an agent or the applicant were present, and having heard from an officer from Building Control, 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 the applicant on their own behalf, agreed to grant the above application.

Councillor Don declared a non-financial interest by virtue of being a local elected member and took no part in the debate.

The Board, having heard from an agent on behalf of the applicant, and from officers from Building Control and Environmental Health and Trading Standards, agreed to grant the above application.

The Board, having heard from an agent on behalf of the applicant, and from an officer from Environmental Health and Trading Standards, 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 noted that the above application had been withdrawn.

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

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

The Board agreed to grant the above application.

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

(d) APPLICATION FOR CHILDREN'S CERTIFICATE

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application for the Quiet Lounge from 11 am to 7 pm, 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.

NEIL I C POWRIE, Chairman.