Licensing Committee - 18/10/2005

At a MEETING of the LICENSING COMMITTEE held at Dundee on 18th October, 2005.

Present:-

BAILIES

COUNCILLORS

Bailie MACKIE, Convener, in the Chair.

The minute of meeting of this Committee of 29th September, 2005, was held as read.

Unless marked thus * all items stand delegated.

I RECOMMENDATIONS FROM THE EVENING ECONOMY WORKING GROUP

With reference to Article II(b) of the minute of meeting of 6th October, 2003 wherein it was agreed to commence a consultation exercise regarding the concerns raised by Tayside Police about public order offences in the early hours of the morning and litter problems caused by the incorrect disposal of waste, there was submitted Report No 470-2005 by the Depute Chief Executive (Support Services) on the findings and recommendations of the Evening Economy Working Group. A letter received from Hill Brown, Solicitors on behalf of Tesco Stores Limited was also submitted.

The Depute Chief Executive (Support Services) spoke to the report outlining the work undertaken by and the remit of the Evening Economy Working Group thanking them for their contribution.

The Divisional Commander, Chief Superintendent Ian Alexander of Tayside Police, advised the Committee of public order concerns arising from the evening economy.

The Committee heard from the Head of Waste Management on waste issues arising from the evening economy.

The Committee also heard from those members of the late hours catering trade and taxi trade who were present and wished to speak on the perceived impact of the proposals on their business and their concerns. A manager of a local night club who was present spoke in support of the proposals.

The Committee then heard an agent on behalf of Tesco Stores Limited that they would be prepared to accept the decision of the Committee in relation to the evening economy.

Thereafter, Bailie Mackie, seconded by Councillor Webster moved that:-

(a) OPERATION OF PREMISES WITHIN THE CITY CENTRE

(i) The terminal hour of late hours catering premises in the City Centre and West Port/Nethergate areas be set at 2.30 am, unless they were willing to enter into an arrangement with a nightclub(s) for the provision of food and refreshments, in which case they be permitted to operate for an extra hour until 3.30 am for that purpose only for a trial period of one year to allow a reasonable assessment of their effectiveness;

(ii) A new condition be attached to late hours catering licences requiring the appointment of a door steward(s) to manage queuing; and

that the following proposals be supported:-

(b) OPERATION OF PREMISES WITHIN THE CITY CENTRE

(i) Night clubs should be allowed to open for an additional hour from 2.30 am until 3.30 am on Saturdays and Sundays for the provision of food and non-alcoholic refreshments only for a trial period of one year to allow a reasonable assessment of their effectiveness; and

(ii) Public houses should continue to have extended hours until 12.00 am with extensions to 1 o'clock on selected holiday weekends etc as at present for a trial period of one year to allow a reasonable assessment of their effectiveness.

(iii) The extension of the role of city centre ambassadors be investigated further by the Director of Economic Development.

(c) TRANSPORT ISSUES

(iv) The Director of Planning and Transportation should identify additional evening ranks which will benefit the taxi trade and passengers. In addition, the "stopping up of roads outside nightclubs should be considered to try to avoid pedestrian/vehicle conflict at nightclub frontages.

(v) The Licensing Committee and Licensing Board recommend to the Planning and Transportation Committee that the provision of "white light" street lighting in areas around nightclubs be given a higher priority.

(vi) Nightclubs should enter into an arrangement with taxi operators for the ordering of taxis for patrons taking advantage of the facilities in Paragraph 2.1 above. (This could perhaps be achieved by the use of special telephone lines not available to the general public.

(d) WASTE ISSUES

(i) New street refuse bins have been introduced in selected areas where there are insufficient storage areas for trade/domestic refuse and a report on the effectiveness of this measure to be brought back to the Licensing Committee in the future.

(ii) To encourage the service of Enforcement Notices under Section 47 of the Environmental Protection Act 1990 where problems exist or continue to exist.

(iii) The Code of Conduct attached to Late Hours Catering Licences be strictly enforced by the Waste Enforcement Officers and any breach thereof reported to the Licensing Committee.

(iv) To support the proposal by the Head of Waste Management that an automated public convenience be purchased and sited in an appropriate location in North Lindsay Street. A report should also be brought back to a future Licensing Committee on the number of fixed penalty notices issued before and after any such public convenience is purchased.

(e) HEALTH ISSUES

(i) To note that the Scottish Executive are proposing measures relating to binge drinking and drinks promotions, and to continue with the Licensing Board's own provisions on this subject in the Good Practice Guide.

As an amendment, Councillor Grant, seconded by Councillor Dick moved that the above be approved and supported subject to the trial period referred to at (a)(i), (b)(i) and (b)(ii), when it became effective, being for four months only.

On a division, there voted for the motion - the Convener, Councillor Sawers, Councillor Fordyce and Councillor Webster (4); and for the amendment - Councillor Grant, Councillor Dick, Bailie Powrie and Councillor Wallace (4); - whereupon there being a parity of votes, the Convener used his casting vote in favour of the motion - whereupon the motion was declared carried.

BRUCE D MACKIE, Convener.