Dundee City Licensing Board - 18/03/2010

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th March, 2010.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Board of 25th February, 2010 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

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

Bailie Wallace and Councillor Bowes declared a non-financial interest by virtue of having a relative employed by the applicant.

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

The Board agreed to grant the above application.

(b) VARIATIONS

The Board agreed to a variation to core hours to commence at 11.00 am on Sundays for on and off sales.

Variation to the layout plan resulting in the capacity being reduced from 97.47m2 to 81.7m2.

The Board agreed to defer the above application.

The Board agreed to a variation to core hours to open until 12 midnight Mondays to Sundays and to allow children and young persons to attend private functions if accompanied by an adult.

Variation to local condition 1 to include DJ, disco and live bands during core hours. Variation to core hours to basement to open until 2.30 am and operate as a nightclub.

The Board agreed to defer the above application.

The Board, having heard from the applicant on their own behalf, agreed to a variation to local condition 1 to increase the number of artistes from six to ten. Variation to operating plan to provide bar meals within and outwith core hours and film showing during core hours. Children and young persons also to be permitted access as outlined in the operating plan.

Councillor Guild declared a non-financial interest by virtue of being a near neighbour and took no part in the debate.

Variation to core hours to open until to 2.00 am Fridays and Saturdays.

The Board, having heard from an agent on behalf of the applicant, an Officer from Environmental Health and Trading Standards and the Board's Legal Officer, agreed to refuse the above application. A request for a Statement of Reasons and an S.25 Direction was agreed to.

Variation to core hours to commence at 11.00 am on Sundays for on and off sales. Variation to operating plan to allow children access on match days (two hours prior to kick off and one hour after conclusion of match) or 8.00 pm, whichever is earlier. Children and young persons also to be permitted access for functions from 7.00 pm to the end of the function.

The Board agreed to defer the above application.

The Board agreed to a change to core hours to open from 11.00 am Mondays to Sundays (currently 10.30 pm).

(c) VARIATION ON TRANSFER

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to local condition 1, musical entertainment, to include televised sports, recorded music, CBurn music system, ipod and CD's, juke box, live entertainment to include DJ, karaoke, background music, live bands, maximum of six artistes, poker, bingo, charity fund raisers quiz, race nights during core hours. Variation to core hours to allow alcohol to be sold on and off the premises from 11.00 am on Sundays.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to local condition 1, musical entertainment, to include televised sports, recorded music, ipod and hard drive background music system, discos, bands (maximum of five artistes), poker and quiz nights during core hours, as required. Variation to core hours to allow alcohol to be sold on and off the premises from 11.00 am on Sundays. The applicant's request for the variation to allow 10.00 am opening Mondays to Saturdays was deferred.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to local condition 1, musical entertainment, to include televised/projected sports, music, background music, dominoes, race nights and charity fund raisers, darts, quiz nights, DJ, karaoke and bands (maximum of five artistes) during core hours. Variation to core hours to allow alcohol to be sold on and off the premises from 11.00 am on Sundays.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to local condition 1, musical entertainment, to include televised/projected sports, music, recorded music, CD, hard drive, MP3 and Juke Box. Live entertainment to include live bands (maximum of six artistes) and solo vocalist. Karaoke, quiz nights, dominoes, charity fund raisers to include occasional race nights, DJ, poker and bingo nights during core hours as required. Variation to core hours to allow alcohol to be sold on and off the premises from 11.00 am on Sundays.

(d) PERSONAL LICENCE

The Board, having heard from the applicant on their own behalf, the Chief Constable's representative and the Board's Legal Officer, agreed to refuse the above application.

II REVIEW HEARINGS

(a) McADAM'S BAR, 77 ROSEBANK STREET, DUNDEE

The Board, having heard from an agent on behalf of the licensee, an Officer from Environmental Health and Trading Standards, and the Board's Legal Adviser, agreed to take no further action.

(b) KOKOMO - OLD HAWKHILL, DUNDEE

The Board, having heard from an agent on behalf of the licensee, an Officer from Environmental Health and Trading Standards, and the Board's Legal Adviser, agreed to take no further action.

(c) NETHER INN - 134 NETHERGATE, DUNDEE

The Board, having heard from an agent on behalf of the licensee, an Officer from Environmental Health and Trading Standards, and the Board's Legal Adviser, agreed to issue a warning letter.

(d) LONDON NIGHT CLUB, 4 MEADOWSIDE, DUNDEE

The Board, having heard from an agent on behalf of the licensee, an Officer from Environmental Health and Trading Standards, the Chief Constable's representative and the Board's Legal Adviser, agreed to adjourn the Hearing to 20th May, 2010.

Roderick A J WALLACE, Convener.