Dundee City Licensing Board - 17/11/2011

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 17th November, 2011.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of the Board of 27th October, 2011 was held as read.

I LOCAL ELECTIONS 2012

There was submitted Agenda Note AN183-2011 informing the Board that elections to the City Council would be held on 3rd May, 2012 and, at the statutory meeting following those elections, members would be elected to the Licensing Board.

Schedule 1 to the Licensing (Scotland) Act 2005 requires members to undergo training within three months of their appointment (or re-appointment) to membership. Paragraph 11(3) of that Schedule states inter alia that a member must not take part in any proceedings of the Board until the member has provided evidence to the Clerk that the member has been trained.

There would inevitably be a delay between appointment to the Board and arranging suitable training and discussions were ongoing with Dundee College as to dates, etc, to minimise this period.

Existing members of the Board who are re-elected as Councillors continue to be Board members until the statutory meeting but cannot take part in any proceedings owing to the above requirement for training. As well as resulting in no meetings of the Board being called to consider new applications or major variations, it also means that applications for occasional licences, extended hours, etc, cannot be dealt with under delegated powers by any members until they have attended the training course.

In order that this ordinary business can continue to be dealt with timeously, it was recommended that it be delegated to the Clerk to deal with any applications currently dealt with by the Convener under powers delegated during the period from the day of the ordinary elections to the first meeting of the Licensing Board following in 2012 and in all future years in which there are ordinary elections to the Council.

The Board agreed to the above.

II LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board agreed to grant a variation to vary on consumption opening times from 11am on Sundays, recorded music to be played outwith core hours, dance facilities to be provided outwith core hours, amend gaming to allow amusements with prizes machine(s) to be played outwith core hours, allow televised sport to be viewed outwith core hours, vary information to explain why activities in the operating plan are outwith core hours and vary access to children and young persons.

The Board agreed to grant a variation to the layout plan increasing capacity from 20.75m? to 31.4m?.

III GAMBLING ACT 2005

(a) BETTING (OTHER) - VARIATIONS

The Board agreed to grant a variation for refurbishment comprising revised layout and provision of unisex (disabled WC) facilities.

IV PREMISES LICENCE

(i) REVIEW HEARING - TALLY'S, 11-13 OLD HAWKHILL

The Board, having heard from an agent on behalf of the licensee, an officer from the Environment Department and the Chief Constable's representative, agreed to adjourn the hearing to the meeting of this Board on 19th January, 2012.

(ii) REQUEST FOR REVIEW HEARINGS

The Board agreed to hold review hearings in respect of:-

(i) Marks and Spencer PLC

(ii) Wm Morrison Supermarkets PLC

Roderick A J WALLACE, Convener.