Dundee City Licensing Board - 08/12/2011

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 8th December, 2011.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

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

The minute of meeting of this Board of 18th November, 2011 was held as read.

I ALCOHOL (MINIMUM PRICING) (SCOTLAND) BILL

There was submitted Agenda Note AN197-2011 informing the Board that the Alcohol (Minimum Pricing) (Scotland) Bill was published in the Scottish Parliament on 31st October, 2011. The purpose of the Bill was to introduce a minimum price for alcohol below which alcohol must not be sold on licensed premises. The minimum price would be set according to the strength of the alcohol, the volume of the alcohol and the minimum price per unit.

The Health and Sport Committee of the Scottish Parliament had invited views from interested organisations, bodies and individuals upon the principles contained in the Bill. In particular, it wanted to hear what consultees thought about the advantages and disadvantages of establishing a minimum price for alcohol and also the level at which such minimum price should be set. The Board had been invited to respond to this consultation and it was proposed to reply as set out in the following paragraphs. This was largely based upon an earlier response to previous proposals for minimum pricing contained in the Alcohol etc (Scotland) Bill.

Dundee City Licensing Board ("the Board"), welcomes the provisions of the Alcohol (Minimum Pricing) (Scotland) Bill ("the Bill"). The proposals for minimum pricing are needed to deal with issues which have been a continuing problem for a number of years caused by the cut-price sale of alcohol in both 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, but this required to be discontinued following the decision of the Court of Session in the judicial review by Mitchells and Butlers Retail Limited -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 upon 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 11pm.

The Board was, of course, disappointed at the outcome of the Aberdeen case. It, therefore, is supportive of any provisions which would give the necessary legislative backing for minimum pricing previously lacking under the 1976 Act. The Board's own local scheme had been introduced as a direct result of a number of cases being reported to the Board involving the sale of alcohol at ridiculously low prices, eg "10p a nip", "29p a nip", etc.

In its response to the consultation on the Alcohol etc (Scotland) Bill, the Board suggested that consideration be 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. The Board thinks it is unfair if such producers/suppliers end up with a boost to their profits as a result. The proceeds of any such levy could perhaps be put towards further measures to tackle alcohol misuse, possibly as part of the proposed "social responsibility levy" provisions in the Alcohol etc (Scotland) Act 2010. The Board also wished to submit that part of the costs go towards the NHS budget.

The Level at which the minimum price should be fixed

The Board would support a level of 40p - 45p per unit of alcohol, at least. This was based upon the evidence contained in the ScHARR Report. The Board was 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 does not think that the rate should be 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.

The Board agreed the above response for submission to the Health and Sport Committee by Monday, 12th December, 2011.

II LICENSING (SCOTLAND) ACT 2005

(i) VARIATIONS (MAJOR)

The Board agreed to grant a variation to allow live bands (maximum four artistes), DJ, open mic and karaoke during core hours, and background music and automatic music system during and outwith core hours.

The Board agreed to grant a variation to vary musical entertainment, allow automatic music system or jukebox played outwith core hours, vary opening times on Sundays from 12.30pm to 11am, vary off‑sales on Sundays from 12.30pm to 11am, allow conference facilities outwith core hours, bar meals outwith core hours, receptions outwith core hours, club and group meetings during and outwith core hours, recorded music outwith core hours, dance facilities prior to on-consumption hours, allow films during and prior to on-consumption hours, allow gaming (amusements with prizes machines only) prior to on-consumption, televised sport prior to on-consumption, provision of food takeaway service and amend access to children and young persons.

The Board agreed to grant a variation to amend local conditions for musical entertainment to allow live bands during core hours, allow background music to be played during and outwith core hours, amend terminal hour Mondays to Sundays from 10pm/11pm to 12 midnight, amend opening times for on‑consumption on Sundays from 12.30pm to 11am, allow conference facilities, reception, club, and group meetings, live performances during core hours for jazz/blues bands, televised sport during and outwith core hours and amend access to children and young persons. Change name of premises from Willows to Whitehalls. The Board further varied the terms of the licence to provide that the consumption of alcohol be ancillary to the taking of a table meal.

III GAMBLING ACT 2005

(i) LICENSED PREMISES GAMING MACHINES (NEW)

The Board agreed to grant an application for Licensed Premises Gaming Machine Permit for three machines.

IV PREMISES LICENCES

(i) REVIEW HEARINGS

(a) Marks and Spencers plc

The Board, having heard from an agent on behalf of the licence holder, agreed to take no further action.

(b) Wm Morrison's Supermarkets plc

The Board, having heard from an agent on behalf of the licence holder, agreed to take no further action.

V PERSONAL/PREMISES LICENCE

(i) REVIEW HEARING

(a) Christopher Airlie

The Board, having heard from the Chief Constable's representative and an agent on behalf of the licence holder, agreed to endorse the personal licence and take no further action in respect of the premises licence.

Roderick A J WALLACE, Convener.