Dundee City Licensing Board - 19/11/2009

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 19th November, 2009.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of the Board of 22nd October, 2009 was held as read.

I MINUTE OF MEETING OF DUNDEE LICENSING FORUM OF 16TH SEPTEMBER, 2009

The above minute was noted for information.

II IMPLEMENTATION OF THE LICENSING (SCOTLAND) ACT 2009

There was submitted Report No 565-2009 by the Clerk, advising the Board of issues which had arisen since the implementation of the Licensing (Scotland) Act 2005 on 1st September, 2009.

The Board agreed:-

(i) to note the issues which had arisen since the implementation of the 2005 Act and the action taken by the Licensing Standards Officers; and

(ii) that the proposed supplements to the Board's Statement of Licensing Policy contained in Appendices (i) and (ii) to the report be issued for consultation in terms of Section 6(3) of the 2005 Act.

III REQUEST FOR REVIEW OF PREMISES LICENCE - THE BOND, 57 DOCK STREET

The Board agreed to a review of the Premises Licence relative to the above.

IV LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from the applicant on their own behalf, agreed to grant the above application.

(b) VARIATIONS

The Board, having heard from an agent on behalf of the applicant, agreed that Condition 1 be varied to permit karaoke, TV and juke box during core hours. Live bands on Mondays to Wednesdays from 8.00 pm to 11.00 pm, Fridays and Saturdays 8.00 pm to 11.30 pm and Sundays from 8.00 pm to 10.30 pm.

The Board, having heard from the applicant on their own behalf, agreed a variation to allow children in the premises as outlined in the application amended in relation to football match days to two hours prior to kick-off, one hour after the final whistle, with a cut-off time at 8.00 pm. It was noted that part of the application relating to the admittance of children during prize bingo nights had been withdrawn.

The Board, having heard from the applicant on their own behalf, agreed to a variation to allow children on the premises for football match days two hours prior to kick off, one hour after the final whistle, with a cut-off time of 8.00 pm. Saturday and Sunday travelling coaches one hour before departing and one hour after return, daytime functions from 11.00 am to 6.00 pm and evening functions 7.00 pm to 12 midnight.

The Convener stated that although he knew the signatory to a letter of objection relative to the above, this would not compromise his decision.

The Board, having heard from an agent on behalf of the applicant, agreed a variation to increase musical entertainment consent as outlined in the variation application, core hours to commence at 11.00 am on Sundays, Beer Festival in Beer Garden in May and October and amendment to the provisions for the admission of young persons.

The Board, having heard from a representative of the applicant, agreed to a variation relative to the ground floor to operate the premises as a nightclub on the ground floor and function suite on the first floor. Core hours for the nightclub would be to 2.30 am (3.30 am for food). In addition, the minimum entry charge would apply.

The Board agreed to grant a variation relative to core hours, the terminal hour being 12 midnight Mondays to Sundays.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to remove the foyer from the licensed area.

The Board agreed to grant a variation to increase capacity to 325 as a result of a fire risk assessment being submitted.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to the operating plan to allow children to remain on the premises until 10.00 pm.

(c) TRANSFER OF LICENCE

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, having heard from the applicant on their own behalf and the Chief Constable's representative, agreed to defer the above application.

(d) PERSONAL LICENCES

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

V GAMBLING ACT 2005

(a) BETTING (OTHER) - FULL GRANT

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

(b) BINGO - VARIATION

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to remove the foyer area from the bingo premises licence to allow the grant of a licence for an adult gaming centre (AGC) in part of that area.

(c) ADULT GAMING CENTRE - FULL GRANT

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

Roderick A J WALLACE, Convener.