Dundee City Licensing Board - 10/12/2009

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 10th December, 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 19th November, 2009 was held as read.

I REQUEST FOR REVIEW HEARINGS

The Board agreed to hold review hearings in respect of:-

(i) Muhammed Shazbaz - Premier Food and Wines.

(ii) Nether Inn, 134 Nethergate, Dundee

II LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS

The Board agreed to grant a variation to amend local condition 1 to include live bands on Friday and Saturday evenings and to include the provision of indoor sports in the operating plan.

The Board agreed to grant a variation to the operating plan and layout plan to reduce alcohol capacity.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to the layout plan to include increased external drinking area, seating and other associated items.

It was noted the applicant withdrew the application for midnight opening for the external area and the installation of the fire bowl.

The Board agreed to grant a variation to allow alterations to layout plan to incorporate 4m extension to premises. There is no change to the capacity for alcohol sales.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to allow alterations to the layout plan containing revised alcohol display arrangements. The capacity has been increased from 147.47m2 to 373.26m2.

Baillie Wallace declared a non-financial interest by virtue of having a relative employed by the applicant.

The Board agreed to grant a variation to allow alterations to the layout plan containing revised alcohol display arrangements. The capacity has been increased from 239m2 to 290m2.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to allow children and young persons to access the premises when accompanied by an adult on football match days at Dens or Tannadice, for two hours prior and one hour after matches have ended.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to local condition 1 to include DJ/mini disco, karaoke, live performances, singing, dancing and media projection. Variation to the operating plan to include an external drinking area and amendments to Section 5(f) to include indoor/outdoor sports and televised sports. Variation to the layout plan to include the upper floor as a function suite/extension to the restaurant area.

(b) TRANSFER OF LICENCE

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

(c) PERSONAL LICENCE

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

III GAMBLING ACT 2005

(a) BETTING - FULL GRANT

The Board agreed to grant the above application.

IV REVIEW HEARING - SILVESTER ENTERPRISES LTD

Councillor Keenan declared a non-financial interest by virtue of knowing the licensee and took no part in the debate.

The Board, having heard from the licensee on their own behalf and an officer from Environmental Health and Trading Standards, agreed to issue a formal written warning.

V ALCOHOL ETC (SCOTLAND) BILL

The Board were informed that the Scottish Parliament Health and Sport Committee had launched a call for written evidence relative to the above by 20th January, 2010.

The Board instructed the Clerk to prepare a draft response and circulate to Board members for consideration and comment prior to submission.

Roderick A J WALLACE, Convener.