Dundee City Licensing Board - 15/02/2007

At an ADJOURNED MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 15th February, 2007.

Present:-

LORD PROVOST John R LETFORD

BAILIES

COUNCILLORS

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

The minute of meeting of the Licensing Board of 18th January, 2007 was held as read.

I GAMBLING ACT 2005

There was submitted a Statement of Principles draft policy document relative to the above.

The Board agreed the draft policy document and noted it would be distributed for consultation and a report submitted to the March meeting of the Licensing Board.

II REQUEST FOR SECTION 31 HEARING

The Board agreed to a request from the Chief Constable for a Section 31 Hearing in respect of Chopstix Express UK Limited, 12 St Andrew's Street, Dundee and Xui Chen.

III LICENSING (SCOTLAND) ACT 1976

(a) APPLICATION FOR RENEWAL OF LICENCES

* Denotes Sunday Opening

$ Denotes Children's Certificates

The Board, having heard from the applicant on their own behalf and from an officer from Environmental Health and Trading Standards, agreed to grant the above application.

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

The Board agreed to grant the above application.

(c) APPLICATION FOR REGULAR EXTENSION OF PERMITTED HOURS

The undernoted conditions apply to Regular Extensions:-

(i) where the licence holder employs or uses any person at or near the entrance or within the premises to ascertain or satisfy his or herself as to the suitability of customers to be allowed into the premises and/or maintain order and/or safety at/or in the premises, the person so employed must be registered as suitable for such employment or usage by the Licensing Board;

(ii) all music or vocals must be controlled to the satisfaction of the Head of Environmental Health and Trading Standards of Dundee City Council so no noise is audible within the same building as the licensed premises or in a nearby building; and

(iii) the Code of Conduct (with the exception of the provisions relating to the minimum prices for alcohol) be complied with.

The Board, having heard from the applicant on their own behalf, considered letters of objection and noted that the number of complaints received recently were relatively low, agreed to grant the above application from 11pm to 12 midnight Mondays to Sundays and 2.30pm to 6.30pm Sundays in the entire premises and 11pm to 1am Monday to Sunday in the function suite for designated functions.

The Board agreed to grant the above application from 11pm to 11.45pm Thursdays, 11pm to 12.30am Fridays, 11pm to 12.30am Saturdays, 12 noon to 12.30pm, 2.30pm to 6.30pm and 11pm to 11.30pm Sundays to cater for social demand, weddings, functions and meals.

(d) APPLICATION FOR MUSICAL ENTERTAINMENT

The Board agreed to grant the above application for three months for TV set, automatic music system, juke box, disco, vocalists and instrumentalists during permitted hours.

(e) APPLICATION FOR CHILDREN'S CERTIFICATES

The Board, having heard from the applicant on their own behalf and from an officer from Environmental Health and Trading Standards, agreed to grant the above application from 12 noon to 8pm Mondays to Saturdays and 12.30pm to 8pm Sundays in part of the Bar and in the Snug area.

The Board agreed to grant the above application from 11am to 8pm Mondays to Saturdays and 12.30pm to 8pm Sundays in the whole premises.

(f) APPLICATION FOR THE GRANT (INCLUDING THE PROVISIONAL GRANT) OF NEW LICENCES

The Board heard from an agent on behalf of the applicant and from the Chief Constable's representative.

The Chairman moved to grant the above application.

As an amendment, Councillor FitzPatrick moved to refuse the application on the grounds of unsuitability of location and undue public nuisance.

On a division, there voted for the motion, the Chairman and Councillor Wallace (2); and for the amendment, the Lord Provost, Bailie Mackie and Councillors FitzPatrick and Don (4) - whereby the amendment was declared carried refusing the application.

A request was made for a Direction in terms of Section 14 of the Licensing (Scotland) Act 1976.

Councillor FitzPatrick moved refusal of the request.

As an amendment, Bailie Mackie moved to grant the request.

On a division, there voted for the motion, the Lord Provost and Councillor FitzPatrick (2); and for the amendment, the Chairman, Bailie Mackie and Councillors Don and Wallace (4) - whereby the amendment was declared carried granting the request.

The Board agreed to grant the above application.

Neil I C POWRIE, Chairman.