Dundee City Licensing Board - 18/02/2010
At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th February, 2010.
Present:-
BAILIES
|
George REGAN |
Roderick A J WALLACE |
|
COUNCILLORS
|
Ken GUILD |
Andrew DAWSON |
Kevin KEENAN |
|
David BOWES |
Brian GORDON |
Helen DICK |
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Board of 21st January, 2010 was held as read.
I BUBBLES
The Convener welcomed the support of agencies in Dundee in adopting a zero tolerance to "BUBBLES" with concern mounting that this substance could have serious consequences for those who use it. It was agreed that the Convener would write to the Scottish Health Minister supporting her efforts to persuade the Westminster Government to have this drug re-classified as an illegal substance.
II REQUEST FOR REVIEW HEARINGS
The Board agreed to hold review hearings in respect of:-
(i) McAdam's Bar, 77 Rosebank Street, Dundee
(ii) The Windsor Bar, 28 Albert Street, Dundee
(iii) Kokomo, Old Hawkhill, Dundee
III LICENSING (SCOTLAND) ACT 2005 - AMENDMENTS TO STATEMENT OF LICENSING POLICY - IRRESPONSIBLE PROMOTIONS ANDCHILDREN ON LICENSED PREMISES
There was submitted Report No 108-2010 by the Clerk advising the Board of the consultation process following upon the publication of the proposed supplements to the Board's Statement of Licensing Policy and to recommend the adoption of appropriate supplements to the policy.
The Board agreed that the supplements to the Board's Statement of Licensing Policy contained in Appendices I and II to the report be adopted for publication in terms of Section 6(3) of the 2005 Act, with the exception of Paragraph A9 of Appendix I which would be deleted. (Appendices I and II).
IV GAMBLING ACT 2005 - REVIEW OF STATEMENT OF PRINCIPLES
The Board adopted a Statement of Principles in April, 2007 and was now due for renewal.
The Board approved the revised policy. (Appendix III).
V DISABILITY EQUALITY SCHEME ANNUAL REPORT FOR 2009
The Board noted the contents of the Disability Equality Scheme Annual Report for 2009. (Appendix IV).
VI DISABILITY EQUALITY SCHEME REVIEW CONSULTATION 2010/2013
The above document was adopted by the Board in December, 2006 for the years 2007/2010 and was now due for a statutory review.
The Board authorised the Clerk to consult with interested parties and to report back in due course with any suggested amendments to the Scheme.
VII LICENSING (SCOTLAND) ACT 2005
(a) PERSONAL LICENCE
Applicant
1
Riyaz Amin Ali
c/o Thorntons WS
Solicitors
The Board, having noted that the applicant was not present, that the matter had been deferred previously and having heard from the Chief Constable's representative, agreed to refuse the above application.
(b) NEW GRANTS
Premises
Applicant
1
Spar Convenience Store
83 Macalpine Road
Dundee
DD3 8RE
A M Landsburgh (St Andrews) Ltd
c/o Murray Donald Drummond Cook LLP
Solicitors
The Board agreed to grant the above application.
2
Taylors Regional Foods Ltd
off Fulton Road
Wester Gourdie Industrial Estate
Dundee
DD2 4SQ
Taylors Regional Foods Ltd
The Board agreed to grant the above application.
3
The McManus Dundee Art Gallery and Museum
Albert Square
DUNDEE
DD1 1DA
Willow Tree Catering Ltd
The Board agreed to defer the above application.
(c) VARIATIONS
Premises
Applicant
1
Bay Horse Bar
2 Polepark Road
Dundee
DD1 5QS
Rosemount Scotland LLP
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
2
Capital (Lloyds No 1)
7/9 Seagate
Dundee
DD1 1EG
J D Wetherspoons plc
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
3
Mecca Bingo Club Playhouse
104/110 Nethergate
Dundee
DD1 4EH
Mecca Bingo Ltd
c/o Lindsays WS
Solicitors
The Board agreed to a variation to remove the foyer area from the licensed area, re-locate the catering pod and removal of a retail wall.
4
Murrays Bar
134-136 Victoria Road
Dundee
DD1 2QW
Murrays Bar (Dundee) Ltd
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
5
Nine Maidens
Laird Street
Sidlaw Park
Dundee
DD3 9QU
Punch Taverns (Inns) Ltd
c/o Ford & Warren
Solicitors
Councillor Keenan declared a non-financial interest by virtue of frequenting the premises and took no part in the debate.
The Board, having heard from an agent on behalf of the applicant, agreed to an outdoor drinking facility during core hours ie to 9.00 pm during April, May and September and 10.00 pm during June, July and August to be added to the operating plan and condition 1 of the licence, and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.
6
No 25
25 South Tay Street
Dundee
DD1 1NR
G1 Group plc
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
7
Stobswell Bar
108 Dura Street
DUNDEE
DD4 6TE
Punch Taverns (Inns) Ltd
c/o Ford & Warren
Solicitors
The Board, having heard from an agent on behalf of the applicant, agreed to condition 1 of the licence and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.
8
The 4J'S
10 Dundonald Street
Dundee
DD3 7PW
Rosemount Scotland LLP
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
9
The Broadway Bar
20 Erskine Street
Dundee
DD4 6RQ
Rosemount Scotland LLP
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
10
The Cask
1/5 Albert Street
Dundee
DD4 6NS
Rosemount Taverns Ltd
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
11
The Counting House
67/71 Reform Street
Dundee
DD1 1SP
J D Wetherspoon plc
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
12
The Landmark Hotel
Kingsway West
Invergowrie
Dundee
DD2 5JT
BDL Select Operations Ltd
c/o McLellans
Solicitors
The Board, having heard from an officer from Environmental Health and Trading Standards, the applicant on their own behalf and considered a letter of objection, agreed to a variation to the operating and layout plan to include an external drinking area. Variation to the operating plan to reflect that live performances and dance facilities would not be provided outwith core hours and to include the condition "No limitation on the timings which alcohol may be sold and supplied to residents and their bona fide guests." Conference/restaurant facilities, bar meals, receptions, club meetings, music, TV, sport and outside drinking facilities to commence at 6.30 am each day, but not to include the sale of alcohol before 11.00 am.
13
The Social
10 South Tay Street
Dundee
DD1 1PA
G1 Group plc
c/o Brunton Miller
Solicitors
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
VIII GAMBLING ACT 2005
(a) BINGO - VARIATIONS
Premises
Applicant
1
Mecca Bingo
The Playhouse
106/110 Nethergate
Dundee
DD1 4EH
Mecca Bingo Ltd
c/o Lindsays WS
Solicitors
The Board agreed to an application to remove the foyer area from the bingo premises licence and to allow the grant of a licence for an Adult Gaming Centre (AGC) in part of that area.
(b) ADULT GAMING CENTRE - FULL GRANT
Premises
Applicant
1
Mecca Bingo
The Playhouse
106/110 Nethergate
Dundee
DD1 4EH
Rank Leisure Ltd
c/o Lindsays WS
Solicitors
The Board agreed to grant the above application.
(c) LICENSED PREMISES GAMING MACHINES - NEW
Premises
Applicant
1
Lloyds
7/9 Seagate
Dundee
DD1 2EG
J D Wetherspoons plc
c/o Brunton Miller
Solicitors
The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.
2
The Nether Inn
134 Nethergate
Dundee
DD1 4ED
Mitchells & Butler Retail Ltd
c/o Hill Brown Licensing
Solicitors
The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.
Roderick A J WALLACE, Convener.
APPENDIX I
IRRESPONSIBLE PROMOTIONS AND PRICE VARIATIONS -
CONSULTATION DOCUMENT
"Drinks promotion" means in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises. Schedule 3 paragraph 8(5).
Promotions can occur in relation to both on and off sales.
A drinks promotion which involves a variation in pricing will be affected by the requirements of Schedule 3 paragraph 7 "Pricing of alcohol".
Schedule 3 paragraph 8(2) subject to the requirements of paragraph 8(3) states that a drinks promotion is irresponsible if it falls within the descriptions listed in Schedule 3 paragraph 8(2).
Paragraphs 7, 8(1), 8(2) and 8(3) are reproduced in full at the end of this note.
An irresponsible drinks promotion must not be carried on in or in connection with any premises. Schedule 3 paragraph 8(1).
Presently there is no definitive guidance as to what constitutes an "irresponsible drinks promotion". Examples of drinks promotions can however be considered individually against the legislative criteria to assess if the promotion is irresponsible in terms of the Act.
The following list is of promotions which have or are occurring locally and appear to be potentially in breach of the legislation. The list is not definitive so not being on the list does not mean that a promotion is in compliance with the Act.
In the absence of any case law this list serves only as a means to focus discussion on what actually constitutes an irresponsible drinks promotion and states in each instance why the specific promotion is considered irresponsible.
Following the list of irresponsible drinks promotions is a list of promotions that are potentially in breach of the pricing of alcohol requirements of Schedule 3 paragraph 7.
A. Irresponsible drinks promotions
1. All inclusive offers. For example, a party night promotion, where the purchase of a ticket or payment of an admission charge entitles the purchaser to access to a free bar. This promotion involves the supply of unlimited alcohol for a fixed charge and therefore Schedule 3 paragraph 8(2)(d) applies.
2. Watch the match and if your team wins get a free pint of beer. For example, a promotion that requires a customer to be in the premises at the beginning of a televised sports event and at the end of the contest dependent on the result the person may be given a free pint of beer. This promotion is offering alcohol to be consumed on the premises as a reward for being in the premises and therefore Schedule 3 paragraph 8(2)(h) applies.
3. Double up. For example, a premises offers customers the chance to double up by offering a double measure for an extra 50p (in addition to the price for a single measure). This promotion offers an extra measure of alcohol at a reduced price on the purchase of a measure of alcohol and therefore Schedule 3 paragraph 8(2)(c) applies.
4. Student nights. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that the first drink is free. The free drink is offered as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.
5. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. The vouchers can be handed over the bar in exchange for a drink. This constitutes giving alcohol as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.
6. Drinks as prizes/rewards. For example, a quiz night or competition where alcohol is offered for consumption on the premises as a prize for winning or a reward for taking part. Schedule 3 paragraph 8(2)(h) applies.
7. Reward card. For example, on application by a customer a points card is issued by a premises. Every time a purchase is made by the card holder in the premises the card is credited with points. The points are given a cash value and can be claimed against the price of alcoholic drinks. This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.
8. Free bottle of wine. For example, a restaurant offers a set meal for two with a free bottle of wine for 50 (excluding Saturdays). This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.
9. Bulk buys. For example, a supermarket offers a reduction in the relative cost of purchasing a particular beer if the customer buys a multi pack. This constitutes encouraging or seeking to encourage, a person to buy a larger measure than the person had otherwise intended and therefore Schedule 3 paragraph 8(2)(e) applies.
Note - measure is not defined in the Act.
B. Pricing of Alcohol
1. Offering the same drinks at different prices in the same premises. For example, prices in the lounge bar of a pub being different than the prices in the public bar. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
2. Out of code discount. For example, offering cans of beer with a best before date that has expired while selling cans of the same brand that are within date code at a different price. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
3. Discount vouchers. For example, a promotion where vouchers or tokens which are sold or given to potential customers where by they are entitled to a reduction in the price of certain drinks while other customers still require to pay the full price. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
4. Discount to certain customers. For example, a promotion that offers a discount to students or OAPs while other customers pay the full price for the same drinks. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
5. Student nights. For example, a night club advertises/distributes flyers giving details of the venue and entry fee and stating that on a Friday or Saturday night, drinks are 1 all night*. The asterisk gives the qualification for the promotion which is * with student card. The price of drinks is varied for students but not other customers therefore this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
6. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. If the voucher merely entitles the customer to a discounted drink ie the customer uses a voucher and is only charged a 1 then unless that drink is that price for all customers then this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
7. Cheaper drinks throughout the week. For example, a pub has a drinks promotion where the cost of all drinks is reduced from 12.30pm on a Sunday until Friday at 8pm.
Drinks are increased to "full" price from 8pm on a Friday until closing time on Saturday night. This constitutes a further variation in drinks pricing. A variation in pricing cannot occur except at the beginning of a licensing period so drinks cannot change price at 8pm if the pub is open prior to this time selling alcohol and the variation must last a minimum of 72 hours so the variation whereby the prices increase on the Friday and Saturday does not provide the minimum 72 hours time period. This variation in pricing would not comply with the requirements of Schedule 3 paragraph 7.
* Pricing of alcohol
7 Where the price at which any alcohol sold on the premises is varied -
(a) the variation (referred to in this paragraph as the earlier price variation) may be brought into effect only at the beginning of a period of licensed hours; and
(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
Irresponsible drinks promotions
8(1) An irresponsible drinks promotion must not be carried on in or in connection with the premises.
(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it -
(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18;
(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks);
(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink;
(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises);
(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume;
(f) is based on the strength of any alcohol;
(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly; or
(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
APPENDIX II
SUPPLEMENT TO DUNDEE CITY LICENSING BOARD
STATEMENT OF LICENSING POLICY REGARDING CHILDREN ON LICENSED PREMISES
The following should be inserted at the end of the section of the Board's policy statement headed "Children in Licensed Premises" at pp 11-12:-
"The Board is aware that a number of licensed premises in the vicinity of the two major football grounds at Dens Park and Tannadice wish to permit the presence of children and young persons before and after football matches. The Board would be prepared to agree to the inclusion of this in operating plans provided the children and young persons are accompanied by a responsible adult, the hours of such admission are restricted to 2 hours before kick-off and 1 hour after the conclusion of the games, subject to a maximum terminal hour of 8 pm, and the proposed terms of admission of such children and young persons are not inconsistent with any other provision of this Statement of Licensing Policy."
APPENDIX III
DUNDEE CITY LICENSING BOARD
GAMBLING ACT 2005
Statement of Principles
JANUARY 2010
CONTENTS
Item
Part A
1. The Licensing Objectives
2. Introduction
3. Declaration
4. Responsible Authorities
5. Interested Parties
6. Exchange of Information
7. Enforcement
8. Licensing Authority Functions
Part B - Premises Licences
1. General Principles
2. Adult Gaming Centres
3. (Licensed) Family Entertainment Centres
4. Casinos
5. Bingo Premises
6. Betting Premises
7. Tracks
8. Travelling Fairs
9. Provisional Statements
10. Reviews
Part C - Permits/Temporary and Occasional Use Notices
1. Unlicensed Family Entertainment Centre Gaming Machine Permits
2. (Alcohol) Licensed Premises Gaming Machine Permits
3. Prize Gaming Permits
4. Club Gaming and Club Machines Permits
5. Temporary Use Notices
6. Occasional Use Notices
PART A
1. The Licensing Objectives
In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:-
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;
- Ensuring that gambling is conducted in a fair and open way;'
- Protecting children and other vulnerable persons from being harmed or exploited by gambling.
It should be noted that the Gambling Commission has stated: The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling.
This licensing authority is aware that, as per Section 153, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it:-
- in accordance with any relevant code of practice issued by the Gambling Commission;
- in accordance with any relevant guidance issued by the Gambling Commission;
- reasonably consistent with the licensing objectives; and
- in accordance with this statement of licensing principles.
2. Introduction
Dundee City Council is the local authority for the City of Dundee in terms of the Local Government etc (Scotland) Act 1994 and, as such, is also the licensing authority for the purposes of the Gambling Act 2005. The city's current population is approximately 145,000. Dundee is a vibrant and modern city, proud of its tradition and history. A revitalised city centre and retail scene, together with a huge choice of leisure options, are symbolic of a confident and optimistic city. A plan of the Council area is attached at Appendix 1.
Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from time to time and any amended parts re-consulted upon. The statement must then be re-published.
The Gambling Act requires that the following parties are consulted by Licensing Authorities:-
- The Chief Officer of Police;
- One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authoritys area;
- One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authoritys functions under the Gambling Act 2005.
The Board consulted widely upon this statement before finalising and publishing.
The full list of comments made and the consideration by the Council of those comments is available by request to: Stuart Galloway, Principal General Services Officer, 20 City Square, Dundee DD1 3BY.
Should you have any comments as regards this policy statement please send them via e-mail or letter to the following contact:-
Name: Stuart Galloway
Address: 20 City Square, Dundee
E-mail: stuart.galloway@dundeecity.gov.uk
It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.
3. Declaration
In producing this statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission, and any responses from those consulted on the statement.
4. Responsible Authorities
The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:-
- the need for the body to be responsible for an area covering the whole of the licensing authoritys area; and
- the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.
In accordance with the suggestion in the Gambling Commissions Guidance for local authorities, this authority designates the Dundee Children and Young Person's Protection Committee for this purpose. This is a multi-agency body consisting of representatives of Dundee City Council, Tayside Police, NHS Tayside, the Procurator Fiscal's office and the Voluntary Sector.
The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Councils website at: www.dundeecity.gov.uk.
5. Interested Parties
Interested parties may make representations in writing about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows:-
VI DISABILITY EQUALITY SCHEME REVIEW CONSULTATION 2010/2013
The above document was adopted by the Board in December, 2006 for the years 2007/2010 and was now due for a statutory review.
The Board authorised the Clerk to consult with interested parties and to report back in due course with any suggested amendments to the Scheme.
VII LICENSING (SCOTLAND) ACT 2005
(a) PERSONAL LICENCE
|
|
Applicant
|
|
1 |
Riyaz Amin Ali c/o Thorntons WS Solicitors |
The Board, having noted that the applicant was not present, that the matter had been deferred previously and having heard from the Chief Constable's representative, agreed to refuse the above application.
(b) NEW GRANTS
|
|
Premises
|
Applicant |
|
1 |
Spar Convenience Store 83 Macalpine Road Dundee DD3 8RE |
A M Landsburgh (St Andrews) Ltd c/o Murray Donald Drummond Cook LLP Solicitors
|
The Board agreed to grant the above application.
|
2 |
Taylors Regional Foods Ltd off Fulton Road Wester Gourdie Industrial Estate Dundee DD2 4SQ |
Taylors Regional Foods Ltd |
The Board agreed to grant the above application.
|
3 |
The McManus Dundee Art Gallery and Museum Albert Square DUNDEE DD1 1DA |
Willow Tree Catering Ltd |
The Board agreed to defer the above application.
(c) VARIATIONS
|
|
Premises
|
Applicant |
|
1 |
Bay Horse Bar 2 Polepark Road Dundee DD1 5QS |
Rosemount Scotland LLP c/o Brunton Miller Solicitors
|
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
2 |
Capital (Lloyds No 1) 7/9 Seagate Dundee DD1 1EG |
J D Wetherspoons plc c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
3 |
Mecca Bingo Club Playhouse 104/110 Nethergate Dundee DD1 4EH |
Mecca Bingo Ltd c/o Lindsays WS Solicitors |
The Board agreed to a variation to remove the foyer area from the licensed area, re-locate the catering pod and removal of a retail wall.
|
4 |
Murrays Bar 134-136 Victoria Road Dundee DD1 2QW |
Murrays Bar (Dundee) Ltd c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
5 |
Nine Maidens Laird Street Sidlaw Park Dundee DD3 9QU |
Punch Taverns (Inns) Ltd c/o Ford & Warren Solicitors |
Councillor Keenan declared a non-financial interest by virtue of frequenting the premises and took no part in the debate.
The Board, having heard from an agent on behalf of the applicant, agreed to an outdoor drinking facility during core hours ie to 9.00 pm during April, May and September and 10.00 pm during June, July and August to be added to the operating plan and condition 1 of the licence, and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.
|
6 |
No 25 25 South Tay Street Dundee DD1 1NR |
G1 Group plc c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
7 |
Stobswell Bar 108 Dura Street DUNDEE DD4 6TE |
Punch Taverns (Inns) Ltd c/o Ford & Warren Solicitors |
The Board, having heard from an agent on behalf of the applicant, agreed to condition 1 of the licence and Q5(f) on the operating plan to be amended to include comedians, hypnotists, magicians, ventriloquists and entertainment of a similar nature.
|
8 |
The 4J'S 10 Dundonald Street Dundee DD3 7PW |
Rosemount Scotland LLP c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
9 |
The Broadway Bar 20 Erskine Street Dundee DD4 6RQ |
Rosemount Scotland LLP c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
10 |
The Cask 1/5 Albert Street Dundee DD4 6NS |
Rosemount Taverns Ltd c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
11 |
The Counting House 67/71 Reform Street Dundee DD1 1SP |
J D Wetherspoon plc c/o Brunton Miller Solicitors
|
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
|
12 |
The Landmark Hotel Kingsway West Invergowrie Dundee DD2 5JT |
BDL Select Operations Ltd c/o McLellans Solicitors |
The Board, having heard from an officer from Environmental Health and Trading Standards, the applicant on their own behalf and considered a letter of objection, agreed to a variation to the operating and layout plan to include an external drinking area. Variation to the operating plan to reflect that live performances and dance facilities would not be provided outwith core hours and to include the condition "No limitation on the timings which alcohol may be sold and supplied to residents and their bona fide guests." Conference/restaurant facilities, bar meals, receptions, club meetings, music, TV, sport and outside drinking facilities to commence at 6.30 am each day, but not to include the sale of alcohol before 11.00 am.
|
13 |
The Social 10 South Tay Street Dundee DD1 1PA |
G1 Group plc c/o Brunton Miller Solicitors |
The Board agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays.
VIII GAMBLING ACT 2005
(a) BINGO - VARIATIONS
|
|
Premises
|
Applicant |
|
1 |
Mecca Bingo The Playhouse 106/110 Nethergate Dundee DD1 4EH |
Mecca Bingo Ltd c/o Lindsays WS Solicitors |
The Board agreed to an application to remove the foyer area from the bingo premises licence and to allow the grant of a licence for an Adult Gaming Centre (AGC) in part of that area.
(b) ADULT GAMING CENTRE - FULL GRANT
|
|
Premises
|
Applicant |
|
1 |
Mecca Bingo The Playhouse 106/110 Nethergate Dundee DD1 4EH |
Rank Leisure Ltd c/o Lindsays WS Solicitors |
The Board agreed to grant the above application.
(c) LICENSED PREMISES GAMING MACHINES - NEW
|
|
Premises
|
Applicant |
|
1 |
Lloyds 7/9 Seagate Dundee DD1 2EG |
J D Wetherspoons plc c/o Brunton Miller Solicitors |
The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.
|
2 |
The Nether Inn 134 Nethergate Dundee DD1 4ED |
Mitchells & Butler Retail Ltd c/o Hill Brown Licensing Solicitors |
The Board agreed to an application to increase the number of Category C gaming machines from 2 to 3.
Roderick A J WALLACE, Convener.
APPENDIX I
IRRESPONSIBLE PROMOTIONS AND PRICE VARIATIONS -
CONSULTATION DOCUMENT
"Drinks promotion" means in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises. Schedule 3 paragraph 8(5).
Promotions can occur in relation to both on and off sales.
A drinks promotion which involves a variation in pricing will be affected by the requirements of Schedule 3 paragraph 7 "Pricing of alcohol".
Schedule 3 paragraph 8(2) subject to the requirements of paragraph 8(3) states that a drinks promotion is irresponsible if it falls within the descriptions listed in Schedule 3 paragraph 8(2).
Paragraphs 7, 8(1), 8(2) and 8(3) are reproduced in full at the end of this note.
An irresponsible drinks promotion must not be carried on in or in connection with any premises. Schedule 3 paragraph 8(1).
Presently there is no definitive guidance as to what constitutes an "irresponsible drinks promotion". Examples of drinks promotions can however be considered individually against the legislative criteria to assess if the promotion is irresponsible in terms of the Act.
The following list is of promotions which have or are occurring locally and appear to be potentially in breach of the legislation. The list is not definitive so not being on the list does not mean that a promotion is in compliance with the Act.
In the absence of any case law this list serves only as a means to focus discussion on what actually constitutes an irresponsible drinks promotion and states in each instance why the specific promotion is considered irresponsible.
Following the list of irresponsible drinks promotions is a list of promotions that are potentially in breach of the pricing of alcohol requirements of Schedule 3 paragraph 7.
A. Irresponsible drinks promotions
1. All inclusive offers. For example, a party night promotion, where the purchase of a ticket or payment of an admission charge entitles the purchaser to access to a free bar. This promotion involves the supply of unlimited alcohol for a fixed charge and therefore Schedule 3 paragraph 8(2)(d) applies.
2. Watch the match and if your team wins get a free pint of beer. For example, a promotion that requires a customer to be in the premises at the beginning of a televised sports event and at the end of the contest dependent on the result the person may be given a free pint of beer. This promotion is offering alcohol to be consumed on the premises as a reward for being in the premises and therefore Schedule 3 paragraph 8(2)(h) applies.
3. Double up. For example, a premises offers customers the chance to double up by offering a double measure for an extra 50p (in addition to the price for a single measure). This promotion offers an extra measure of alcohol at a reduced price on the purchase of a measure of alcohol and therefore Schedule 3 paragraph 8(2)(c) applies.
4. Student nights. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that the first drink is free. The free drink is offered as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.
5. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. The vouchers can be handed over the bar in exchange for a drink. This constitutes giving alcohol as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.
6. Drinks as prizes/rewards. For example, a quiz night or competition where alcohol is offered for consumption on the premises as a prize for winning or a reward for taking part. Schedule 3 paragraph 8(2)(h) applies.
7. Reward card. For example, on application by a customer a points card is issued by a premises. Every time a purchase is made by the card holder in the premises the card is credited with points. The points are given a cash value and can be claimed against the price of alcoholic drinks. This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.
8. Free bottle of wine. For example, a restaurant offers a set meal for two with a free bottle of wine for 50 (excluding Saturdays). This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.
9. Bulk buys. For example, a supermarket offers a reduction in the relative cost of purchasing a particular beer if the customer buys a multi pack. This constitutes encouraging or seeking to encourage, a person to buy a larger measure than the person had otherwise intended and therefore Schedule 3 paragraph 8(2)(e) applies.
Note - measure is not defined in the Act.
B. Pricing of Alcohol
1. Offering the same drinks at different prices in the same premises. For example, prices in the lounge bar of a pub being different than the prices in the public bar. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
2. Out of code discount. For example, offering cans of beer with a best before date that has expired while selling cans of the same brand that are within date code at a different price. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
3. Discount vouchers. For example, a promotion where vouchers or tokens which are sold or given to potential customers where by they are entitled to a reduction in the price of certain drinks while other customers still require to pay the full price. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
4. Discount to certain customers. For example, a promotion that offers a discount to students or OAPs while other customers pay the full price for the same drinks. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
5. Student nights. For example, a night club advertises/distributes flyers giving details of the venue and entry fee and stating that on a Friday or Saturday night, drinks are 1 all night*. The asterisk gives the qualification for the promotion which is * with student card. The price of drinks is varied for students but not other customers therefore this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
6. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. If the voucher merely entitles the customer to a discounted drink ie the customer uses a voucher and is only charged a 1 then unless that drink is that price for all customers then this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.
7. Cheaper drinks throughout the week. For example, a pub has a drinks promotion where the cost of all drinks is reduced from 12.30pm on a Sunday until Friday at 8pm.
Drinks are increased to "full" price from 8pm on a Friday until closing time on Saturday night. This constitutes a further variation in drinks pricing. A variation in pricing cannot occur except at the beginning of a licensing period so drinks cannot change price at 8pm if the pub is open prior to this time selling alcohol and the variation must last a minimum of 72 hours so the variation whereby the prices increase on the Friday and Saturday does not provide the minimum 72 hours time period. This variation in pricing would not comply with the requirements of Schedule 3 paragraph 7.
* Pricing of alcohol
7 Where the price at which any alcohol sold on the premises is varied -
(a) the variation (referred to in this paragraph as the earlier price variation) may be brought into effect only at the beginning of a period of licensed hours; and
(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
Irresponsible drinks promotions
8(1) An irresponsible drinks promotion must not be carried on in or in connection with the premises.
(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it -
(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18;
(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks);
(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink;
(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises);
(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume;
(f) is based on the strength of any alcohol;
(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly; or
(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
APPENDIX II
SUPPLEMENT TO DUNDEE CITY LICENSING BOARD
STATEMENT OF LICENSING POLICY REGARDING CHILDREN ON LICENSED PREMISES
The following should be inserted at the end of the section of the Board's policy statement headed "Children in Licensed Premises" at pp 11-12:-
"The Board is aware that a number of licensed premises in the vicinity of the two major football grounds at Dens Park and Tannadice wish to permit the presence of children and young persons before and after football matches. The Board would be prepared to agree to the inclusion of this in operating plans provided the children and young persons are accompanied by a responsible adult, the hours of such admission are restricted to 2 hours before kick-off and 1 hour after the conclusion of the games, subject to a maximum terminal hour of 8 pm, and the proposed terms of admission of such children and young persons are not inconsistent with any other provision of this Statement of Licensing Policy."
APPENDIX III
DUNDEE CITY LICENSING BOARD
GAMBLING ACT 2005
Statement of Principles
JANUARY 2010
CONTENTS
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Part A
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1. The Licensing Objectives |
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2. Introduction |
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3. Declaration |
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4. Responsible Authorities |
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5. Interested Parties |
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6. Exchange of Information |
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7. Enforcement |
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8. Licensing Authority Functions |
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Part B - Premises Licences
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1. General Principles |
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2. Adult Gaming Centres |
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3. (Licensed) Family Entertainment Centres |
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4. Casinos |
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5. Bingo Premises |
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6. Betting Premises |
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7. Tracks |
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8. Travelling Fairs |
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9. Provisional Statements |
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10. Reviews |
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Part C - Permits/Temporary and Occasional Use Notices
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1. Unlicensed Family Entertainment Centre Gaming Machine Permits |
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2. (Alcohol) Licensed Premises Gaming Machine Permits |
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3. Prize Gaming Permits |
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4. Club Gaming and Club Machines Permits |
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5. Temporary Use Notices |
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6. Occasional Use Notices |
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PART A
1. The Licensing Objectives
In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:-
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;
- Ensuring that gambling is conducted in a fair and open way;'
- Protecting children and other vulnerable persons from being harmed or exploited by gambling.
It should be noted that the Gambling Commission has stated: The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling.
This licensing authority is aware that, as per Section 153, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it:-
- in accordance with any relevant code of practice issued by the Gambling Commission;
- in accordance with any relevant guidance issued by the Gambling Commission;
- reasonably consistent with the licensing objectives; and
- in accordance with this statement of licensing principles.
2. Introduction
Dundee City Council is the local authority for the City of Dundee in terms of the Local Government etc (Scotland) Act 1994 and, as such, is also the licensing authority for the purposes of the Gambling Act 2005. The city's current population is approximately 145,000. Dundee is a vibrant and modern city, proud of its tradition and history. A revitalised city centre and retail scene, together with a huge choice of leisure options, are symbolic of a confident and optimistic city. A plan of the Council area is attached at Appendix 1.
Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from time to time and any amended parts re-consulted upon. The statement must then be re-published.
The Gambling Act requires that the following parties are consulted by Licensing Authorities:-
- The Chief Officer of Police;
- One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authoritys area;
- One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authoritys functions under the Gambling Act 2005.
The Board consulted widely upon this statement before finalising and publishing.
The full list of comments made and the consideration by the Council of those comments is available by request to: Stuart Galloway, Principal General Services Officer, 20 City Square, Dundee DD1 3BY.
Should you have any comments as regards this policy statement please send them via e-mail or letter to the following contact:-
Name: Stuart Galloway
Address: 20 City Square, Dundee
E-mail: stuart.galloway@dundeecity.gov.uk
It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.
3. Declaration
In producing this statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission, and any responses from those consulted on the statement.
4. Responsible Authorities
The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:-
- the need for the body to be responsible for an area covering the whole of the licensing authoritys area; and
- the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.
In accordance with the suggestion in the Gambling Commissions Guidance for local authorities, this authority designates the Dundee Children and Young Person's Protection Committee for this purpose. This is a multi-agency body consisting of representatives of Dundee City Council, Tayside Police, NHS Tayside, the Procurator Fiscal's office and the Voluntary Sector.
The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Councils website at: www.dundeecity.gov.uk.
5. Interested Parties
Interested parties may make representations in writing about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows:-