Dundee City Licensing Board - 19/08/2010

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 19th August, 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 17th June, 2010 was held as read.

I MINUTE OF MEETING OF DUNDEE LICENSING FORUM OF 8TH JUNE, 2010

The above minute (Appendix) was noted for information.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant and taken into account objections, agreed to grant the above application.

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.

The Board noted that the above application had been withdrawn.

(b) VARIATIONS

The Board agreed to a variation to operating plan to amend the seasonal sale of alcohol from 7th October to the third Friday in October until 31st December each year. Also, variation to layout plan to relocate one cash desk and new window bed wall.

The Board agreed to grant a variation to local condition 1 to allow live performances during core hours (max 5 artistes) daily.

The Board agreed to local condition 1 to be amended to include background and automated music playback system. Variation to core hours to commence at 11 am on Sundays. Restaurant and televised sports to be provided outwith core hours. Children and young persons to be admitted to restaurant from 7 am and in the function suite for the duration of a function. Variation to layout plan showing additional fire fighting equipment and correct position of bar in the lounge.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to local condition 1 to include recorded music provided by a DJ. Variation to the operating plan to include the bar as an area to which children and young persons would have access under the same terms as access to the restaurant. Variation to include external drinking areas for duration of core hours. Associated amendment to the layout plan.

The Board agreed to grant a variation to core hours to commence at 11 am on Sundays.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to the operating plan to alter core hours to terminate at 2.30 am daily for the provision of music and live performances. Removal of local condition 3 to allow the external drinking area to operate until 12 midnight daily. Minimum entrance charge to be implemented from midnight when applicable with fourteen days notice in writing to be given for late sessions.

The Board, having heard from an agent on behalf of the applicant, agreed a variation to core hours to allow alcohol to be sold on and off the premises from 11 am on Sundays. Amendment to restrict admission of children to the upstairs lounge and ground floor toilet only to attend private functions. Change to local conditions to allow karaoke, race/charity nights, live bands (maximum 4 artistes) to take place and to include beer garden in the licensed area for the hours permitted by the Board's policy for external areas.

The Board agreed to grant a variation to layout plan resulting in decreased capacity from 47.25m2 to 41.31m2. Associated change to operating plan.

The Board, having heard from the applicant on their own behalf, agreed to a variation to remove the status of the premises as a social club.

The Board, having heard from an agent on behalf of the applicant and from an objector, agreed to a variation to core hours to commence at 11 am on Sundays, the showing of films during core hours and operation of outside area to operate within the Board's policy for external areas. The Board noted that the applicant withdrew the request for live bands at the premises.

The Board agreed to grant a variation to layout plan and change in capacity figure increasing from 23.2m2 to 37.5m2. Variation to operating plan to allow piped music and co-op radio to be played during opening hours.

The Board, having heard from the applicant on their own behalf, agreed to a variation to local condition 1 and the terms to which children are permitted to the premises.

The Board agreed to grant a variation in respect of local condition 1 and the layout plan. Variation to opening times on Sundays to open at 11 am.

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

The Board agreed to a variation to amend capacity figure from 302m2 to 307m2 and associated changes to layout plan and operating plan.

The Board agreed to grant a variation to layout plan resulting in capacity figure decreasing from 107.8m2 to 64.93m2.

The Board agreed to grant a variation to layout plan to show revised arrangements for the display of alcohol resulting in capacity figure being increased from 51.94m2 to 56.14m2.

The Board, having heard from the applicant on their own behalf and taking into account an objection, agreed to grant a change to core hours to allow alcohol to be sold on the premises from 11 am until midnight on Sundays. Change to local condition 1 musical entertainment to include automated music playback system, TV and bands (maximum 3 artistes) during core hours. Variation to operating plan to allow bar meals during core hours. The Board restricted the playing of live music by bands to 8 pm at the latest.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation for removal of off-sale facilities. Core hours for on sales amended to 2 pm to 2.30 am daily. Televised sport removed from outwith core hours on operating plan. Q5g of operating plan (premises open after 1 am) to be amended to yes for Db reading over 85 and more people standing than seated. Children and young persons not to be admitted to the premises. Change to premises manager and minimum charge to be implemented from 10 pm daily.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to extend the premises licence to incorporate a designated outside drinking area as a pavement cafe in accordance with the Board's policy for external areas. Children to be allowed in outside area for the purposes of having a meal between 11 am and 8 pm Monday to Saturday and 12.30 pm to 8 pm Sunday.

The Board agreed to grant a variation to core hours to allow alcohol to be sold on and off the premises from 11 am on Sundays. Children and young persons allowed access on football match days two hours prior to start and one hour post match or 8 pm, whichever is sooner, if accompanied by a responsible adult. Children and young persons allowed access during private functions.

The Board agreed to a grant a variation to core hours to allow alcohol to be sold on and off the premises from 11 am Sundays.

The Board agreed to a variation to core hours to commence at 11 am on Sundays. Conferences, receptions, club meetings and live performances no longer provided. Bar meals and televised sport provided outwith core hours. Children and young persons' access altered to allow all children and young persons access to all parts of the hotel. Under 16's to be supervised, over 16's allowed into cafe/bar unsupervised.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to the operating plan to include external drinking area in the grounds of the West Park Centre subject to the Board's policy for opening hours for external areas.

III GAMBLING ACT 2005

(a) ADULT GAMING CENTRE - VARIATIONS

The Board agreed to grant a variation to existing licence to include adjacent unit.

IV APPLICATION FOR PAVEMENT CAFE - 4JS DUNDONALD STREET

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

V REQUEST FOR HEARING

The Board agreed to hold a hearing in respect of J D Wetherspoon plc.

Roderick A J WALLACE, Convener.