Dundee City Licensing Board - 21/10/2010

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Board of 23rd September, 2010 was held as read.

I MINUTE OF MEETING OF DUNDEE LICENSING FORUM OF 7TH SEPTEMBER, 2010

The above minute (Appendix) was noted for information.

II ATTENDANCE AT LICENSING CONFERENCE

There was submitted Agenda Note AN134-2010 informing the Board that the Convener had been invited to address the forthcoming conference on licensing law reform in Scotland entitled "The BIG Briefing" organised by the licensing periodical Scottish Licensing Law and Practice. The Board authorised the Convener's attendance at this event, which was being held in Glasgow on 26th November, 2010, and to recover any necessary expenses incurred by him in so doing.

III LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

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

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

There was submitted an application to a variation to operating plan to allow alcohol to be sold on the premises from 11am on Sundays. Variation to allow children from 0 to 17 years old and young persons access to all parts of the premises when accompanied by an adult for the purposes of attending a private function.

In the absence of the applicant, or their representative, the Board, having heard the Legal Officer, agreed to defer consideration of the matter to the next meeting of the Board.

In the absence of the applicant or their representative, the Board, having heard the Legal Officer, agreed to defer consideration of the matter to the next meeting of the Board.

(b) VARIATION (MAJOR) ON TRANSFER

The Board agreed to a variation to operating plan to provide receptions, music and restaurant facilities outwith core hours. Premises to open from 9.30 am daily for provision of breakfasts, snacks, teas and coffees. Young persons also to be allowed access on the same terms as children. The Board also agreed to a change of premises manager.

IV REQUEST FOR HEARING

The Board agreed not to hold a hearing in respect of Rebecca Whitlock Torr - The Bayview Bar, Earn Crescent, Dundee.

V OCCASIONAL LICENCE APPLICATIONS - THE FRIARY - ALEXANDER MURPHY

Ten applications as undernoted had been received:-

The Licensing Standards Officers had submitted a report concerning incidents at an event held on 2nd October, 2010 by the same applicant. The Convener had declined to consider these applications under delegated powers and had directed that they be considered at a hearing in terms of S59(4) before the full Board on 21st October, 2010.

The Board noted that neither the applicant nor their representative were present and agreed that the applications be considered in their absence. Thereafter, having heard the Clerk and consideration of the report submitted by the Licensing Standards Officers and consideration of the advice of the Legal Officer, the Board agreed that the applications for events from 29th October, 2010 until 14th November, 2010 be refused and that the applications for events from 20th November, 2010 until 27th November, 2010 be deferred to the next meeting of the Board. The Board also agreed officers be remitted to contact the City Development Department with regard to the planning status of the premises.

Roderick A J WALLACE, Convener.