Dundee City Licensing Board - 21/01/2010

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 21st January, 2010.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of the Board of 21st December, 2009 was held as read.

I MINUTE OF MEETING OF DUNDEE CITY LICENSING FORUM OF 1ST DECEMBER, 2009

The above minute (Appendix I) was noted for information.

II ALCOHOL ETC (SCOTLAND) BILL

On a reference to Article V of the minute of meeting of this Board of 10th December, 2009, it was reported that the Board's submission had been circulated to Board members prior to submission to the Scottish Parliament's Health and Sport Committee (Appendix II) on 20th January, 2010.

III LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to alter core hours on Sundays to operate from 11.00 am to 11.00 pm for on-sales and 11.00 am to 10.00 pm for off-sales. Children and young persons to be allowed access to attend functions for the duration of the function.

The Board, having heard from an objector, the applicant on their own behalf and an officer from Environmental Health and Trading Standards, agreed to a request from the applicant that the application be withdrawn.

The Board, having heard from an agent on behalf of the applicant, agreed to local condition 1 to be amended to include live bands, vocalists and DJ. Core hours for on consumption to be extended to 12 midnight. Operating plan to be amended to include dance facilities at functions and corporate entertainment and dinners on board RRS Discovery.

The Board, having heard from the applicant on their own behalf, agreed to a variation to the operating plan to change terminal core hours to 1.00 am and include the provision of bar meals, receptions, club/other group meetings, dance facilities, gaming, outdoor drinking and access for children and young persons for bowling until 9.00 pm and for the duration of a function.

The Board noted that the above application had been withdrawn from the agenda.

The Board noted that the above application had been withdrawn from the agenda.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to the operating plan to allow core hours to commence at 11.00 am on Sundays, occupant capacity to be reduced to 269 and a variation to the layout plan to remove bar counter in the lounge bar, addition of fixed seating and screens in the lounge and public bars, extension to kitchen footprint and addition of bench seating in external terrace.

The Board, having heard from an agent on behalf of the applicant, agreed to an amendment to the operating plan to allow off-sales from 11.00 am to 10.00 pm Mondays to Saturdays and 12.30 pm to 10.00 pm on Sundays.

The Board, having heard from an agent on behalf of the applicant, agreed for core hours for on and off‑sales be amended to 11.00 am on Sundays.

(b) PERSONAL LICENCE

The Board agreed to defer the above application.

The Board, having heard from the Chief Constable's representative, a representative of the applicant and the applicant, agreed to grant the above application.

IV REVIEW HEARING - MITCHELLS AND BUTLERS RETAIL - NETHER INN, 134 NETHERGATE

The Board, having heard from an agent on behalf of the licensee and an officer from Environmental Health and Trading Standards, agreed to adjourn the above Hearing.

Roderick A J WALLACE, Convener.

APPENDIX II

THE SCOTTISH PARLIAMENT HEALTH AND SPORT COMMITTEE

CALL FOR WRITTEN EVIDENCE ON THE ALCOHOL ETC (SCOTLAND) BILL

RESPONSE BY DUNDEE CITY LICENSING BOARD

Dundee City Licensing Board ("the Board") welcomes the provisions of the Alcohol etc. (Scotland) Bill ("the Bill"). The proposals for the minimum pricing of alcohol and the introduction of "off-sale specific" restrictions on promotions are particularly needed to deal with the issues which have been a continuing problem for a number of years caused by the cut-price sale of alcohol both in on- and off‑licensed premises.

Advantages/Disadvantages of a Minimum Price

The Board, in common with some other areas, had its own minimum pricing policy (copy attached), but this required to be discontinued following the decision of the Court of Session in the judicial review by Mitchells & Butler Retail Ltd. v. Aberdeen City Licensing Board in 2005 which ruled that such schemes were ultra vires under the provisions of the Licensing (Scotland) Act 1976 ("the 1976 Act"). This was based upon the quantity and type of drink, rather than alcohol content and was attached as a condition to regular extensions for on-sales premises only. This was the only condition-making power available to the Board under the 1976 Act and, therefore, it did not apply to off-sales or to any on-premises before 11.00 p.m.

The Board was, of course, disappointed at the outcome of the Aberdeen case. It therefore is supportive of any provisions which would give the legislative backing for minimum pricing previously lacking under the 1976 Act. The local scheme was introduced as a direct result of a number of cases being reported to the Board involving the sale of alcohol at ridiculously low prices, e.g. "10p a nip", "29p a nip", etc. As can be seen from the local scheme, as well as minimum pricing, the Board also sought to introduce restrictions on promotions because it felt that one initiative had to be accompanied by the other, i.e. any attempt to introduce curbs on promotions could not really be effective without an element of minimum pricing. This applies equally to the provisions in Schedule 3 to the Licensing (Scotland) 2005 ("the 2005 Act") covering irresponsible promotions in on-sales premises and to the proposed provisions in Clause 3 of the Bill for off-sales premises. Without minimum pricing, there is a real danger that off-sales premises in particular could comply with the requirements of Clause 3, whilst selling alcohol at the same low prices as they are currently doing. For example, they might just lower the unit price and continue to sell multiple units at the same discounted prices as at present.

The Board would, however, suggest that consideration is given to some form of levy on the producers/suppliers of alcohol to offset the increased revenues they would likely receive from the introduction of minimum pricing. It seems unfair if they are going to end up with a boost to their profits as a result. The proceeds of any levy could then be put towards further measures to tackle alcohol misuse, possibly even supplementing (or making up part of) the proceeds of the proposed "social responsibility levy" in Clauses 10 and 11 of the Bill.

The Level at which the Minimum Price should be fixed

The Board would support the suggested level of 40p per unit of alcohol, at least. This is based upon the evidence in the ScHARR Report. The Board is of the view that to set the minimum price at 25p, 30p or 35p would be of so little effect (again based upon the ScHARR data) as not to be worthwhile. The Board would not like to see the implementation of a rate much above 50p per unit since the ScHARR data indicated that this begins to have an increasingly disproportionate effect upon those identified as "moderate drinkers" and it seems unfair to punish that group for the wrongs of others.

Introduction of Social Responsibility Levy

In its response to the White Paper, "Changing Scotland's Relationship with Alcohol", the Board supported the concept of the "social responsibility levy" and this remains the case. At that time, it suggested that the best way to calculate the levy in each individual case would be to base this upon rateable value. If the scheme was to be based upon turnover, it is difficult to see how the Licensing Board (or the local Council) could ascertain what the level of turnover is for each individual business in order to calculate the amount payable.

Empowering Licensing Boards to raise the legal purchase age for off-sales to 21

The Board does not see the need for this. If it is to be introduced, then it should be done on a national basis and not left to each Board to decide. The proposals also seem to envisage some areas within the Board's jurisdiction possibly being subject to a minimum age of 21, whilst other areas are left with the minimum age of 18. This can lead to absurd results, e.g. shops in close proximity to each other with different requirements, and surely any potential purchasers would just go to premises in the areas where the minimum age was 18.

Role of Promotional Material/Offers in encouraging purchase of more alcohol

The Board welcomes any proposals which would restrict the level of promotional activity since this could only reinforce the existing provisions in Schedule 3 to the 2005 Act and the proposals in Clause 3 of the Bill.

CODE OF CONDUCT

1. Licensees must ensure that only door stewards registered with Dundee City Licensing Board are employed on the premises.

2. Where in doubt as to a person's age, Licensees must ask for photographic ID and operate a "no proof no sale" policy.

3. Licensees must not encourage binge drinking via the use of "Happy Hours" on their licensed premises during which time alcoholic liquor is sold at below the minimum code price. This will also extend to "all in" promotions whereby unlimited amounts of alcohol may be obtained upon payment of a fixed price or entrance fee.

4. Licensees must avoid the use of advertising campaigns designed specifically to entice younger patrons to the licensed premises by virtue of promotions for the sale of alcoholic liquor at discounted prices.

5. Minimum prices for the sale of alcohol are as undernoted.

(a) Draught beer, lagers, ales, cider and stout - 1.50 per pint or a pro rata equivalent for multiples or fractions;

(b) Spirits or liqueurs - 1 per 25 ml or 1.30 per 35 ml measure or pro rata equivalent;

(c) Wine - 1.50 per 125 ml measure or pro rata equivalent;

(d) Bottled beers or lagers or flavoured alcoholic drinks 5% alcohol by volume or over - 1.50 per 275  ml bottle;

(e) Bottled alcoholic drinks under 5% alcohol by volume - 1 per 275 ml bottle.

6. Maximum occupant capacities of a venue, as advised by the Clerk to the Licensing Board, must not be exceeded.

7. Licensees of Nightclubs must comply at all times with any minimum charge for entry for patrons condition imposed by the Licensing Board.

8. There must be no touting by or on behalf of entertainment licence holders by whatever means (excluding within their own premises) within the areas from time to time designated by the Board. Without prejudice to the foregoing generality, there shall be no tickets, leaflets, flyers, vouchers or similar items issued to prospective patrons for the purpose of advertising, or otherwise obtaining custom for, particular entertainment licensed premises.

9. Licence holders shall not, either themselves or by any employee or agent, attract custom by the use of illegal "fly-posting".