Dundee City Licensing Board - 14/06/2012

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 14th June, 2012.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair (from Article II).

I APPOINTMENT OF CONVENER

The Board unanimously agreed that Councillor David Bowes be appointed Convener.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board agreed to defer the above application.

The Board agreed to grant the above application.

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

The Board agreed to grant the above application.

The Board, having heard from the Chief Constable's representative, taken into account a letter of objection, and heard from agents on behalf of the applicant and an objector, agreed to grant the above application.

(b) VARIATIONS (MAJOR)

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to open until 2.30 am Mondays to Sundays and change of name to B4OUT. The Board also stipulated imposition of minimum entry charge for the whole premises.

The Board agreed to grant a variation to the layout plan increasing capacity by approximately 10% to 29.65m2.

The Board agreed to a variation to amend core hours to commence at 11.30 am Mondays to Sundays, remove films from the Operating Plan, unaccompanied children and young persons to be admitted during core hours and change of premises manager.

The Board, having heard from agents on behalf of the applicant and an objector, and taken into account letters of objection, agreed to defer the application for variation to the August meeting of the Board pending a site visit.

The Board agreed to a variation to relocate checkout and alcohol sales areas, reducing capacity from 29.5m2 to 24.1m2.

(c) VARIATION (MAJOR) ON TRANSFER

The Board, having heard from an agent on behalf of the applicant and taken account of written objections, the Convener moved to refuse a variation to open until 2am Fridays and Saturdays. As an amendment, Councillor Cordell moved to grant the variation.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts and Councillors Hunter and Gordon (4); and for the amendment - Councillors Murray, Cordell and Cruickshank (3) - whereupon the motion was declared carried.

The Board further agreed to issue a statement of reasons.

III RECOMMENDATION FROM DUNDEE LICENSING FORUM AND PROPOSED SUPPLEMENT TO POLICY STATEMENT

There was submitted Agenda Note AN94-2012 informing the Board that the local Licensing Forum had submitted a recommendation to the Board regarding proposed lists of conditions which it would like to see attached to the grant of certain (on-sales) premises licences and occasional licences. These were detailed in an attached letter dated 24th January, 2012 (Appendix 1).

The Board agreed to accept the Forum's proposals and that they be made available for consultation with interested parties with a view to being included as a supplement to be Board's Statement of Licensing Policy. The Board further agreed to remit to the Clerk to undertake the necessary consultation and to report back to the Board in due course.

IV PREMISES LICENCES

(a) REQUEST FOR REVIEW HEARING

The Board agreed to a review hearing in respect of Lyrics Bar.

(b) REVIEW HEARING - UPDATE

(i) Tally's, 11-13 Old Hawkhill

The Board, having heard from an officer from the Environment Department and an agent on behalf of the premises operator, agreed to take no further action.

(ii) The Bush Bar, 30 Seagate

The Board, having heard from an officer from the Environment Department and an agent on behalf of the licensee, agreed to take no further action.

V PERSONAL LICENCE

(a) REVIEW HEARING

(i) Waqas Carim

The Board, having heard from the Chief Constable's representatives and the licence holder on their own behalf, agreed to revoke the licence.

David BOWES, Convener.

APPENDIX I

DUNDEE LICENSING FORUM

__________________________________________________________________________________________

Secretary to Dundee Licensing Forum

Mrs Anne Singleton

21 City Square

DUNDEE

DD1 3BY

Tel: (01382) 434816

Our Ref: AMS/DCS

Your Ref:

24th January, 2012

Miss Patricia McIlquham

Clerk to the Licensing Board

Dear Madam

Possible Local Mandatory Conditions for On-Sales and Occasional Licences

Over recent months, the Dundee Licensing Forum has given consideration to:-

- possible mandatory conditions on "on-sales" premises regarding the upkeep and condition of fixtures and fittings; and

- possible mandatory conditions on premises for occasional licences, including training of staff and the number of permissions for a single premise; with a view to making a recommendation to the Licensing Board.

The Forum is aware that variations to existing licences are not currently possible; however the Licensing Board is empowered to impose conditions on new licences provided such conditions are not of a more onerous nature than existing mandatory conditions, and are not inconsistent with existing legislation. The Forum therefore would ask the Board to attach the undernoted local mandatory conditions regarding the upkeep and condition of fixtures and fittings, as detailed below:-

1. The premises must be maintained in a clean and hygienic condition.

2. The structure of the premises and the fixtures and fittings associated with the premises must be in a sound condition, must be kept clean and be properly maintained.

3. Where adjustments have been made for disabled persons such as wheelchair lifts, these must be available for use and maintained so that they are safe and operational. Disabled toilets must be kept clear and free from obstruction and not be used for storing equipment such as baby/toddler high chairs.

4. Blocked toilets and urinals must be put out of order and thereafter restored to effective working order as soon as possible.

5. Missing locks or lock catches or ill fitting doors on toilet cubicles must be restored to working order as soon as possible.

6. Matted or ingrained carpets must be thoroughly cleaned by shampooing. Worn carpets that are no longer capable of being cleaned must be replaced.

7. Dirty or stained seating upholstery must be thoroughly cleaned by shampooing. Worn, torn or punctured seating upholstery that is no longer capable of being cleaned must be repaired effectively or replaced.

8. Internal decor including wallpaper, paintwork, window blinds and curtains must be maintained in clean and good condition.

9. The entire premises both internally and externally must be kept free from graffiti.

10. Provide suitable facilities for the appropriate disposal of cigarette/tobacco related litter for the use of patrons who smoke outside the premises.

11. Maintain in a clean condition the areas to the exterior of the premises where patrons smoke. Including removing discarded cigarette/tobacco related litter from the pavement outside the premises.

With regards to occasional licences, the Forum is aware that it is not possible to recommend reductions in the numbers granted but, as training issues were not covered by guidance, however, it would be possible to recommend mandatory training.

The Forum would therefore ask that consideration be given to the attachment of the undernoted training conditions to occasional licences in future:-

Any person working in a capacity which involves that person in:-

(a) making sales of alcohol; or

(b) where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person must have received relevant training from a person who at the time of providing the training holds:-

(i) a personal licence; or

(ii) a qualification accredited for the purposes of the Licensing (Training of Staff) (Scotland) Regulations 2007 by the Scottish Qualifications Authority.

'Relevant training' in this context means training of at least two hours duration which covers each of the following matters:-

(1) The licensing objective.

(2) The definition of 'alcohol' in the Act.

(3) What constitutes an unlicensed sale.

(4) The functions of Licensing Standards Officers.

(5) Licensed hours under Part 5 of the Act.

(6) Offences under the Act, particularly those involving persons under the age of 18.

(7) Proof of age under sections 102 and 108 of the Act and the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007.

(8) Test purchasing of alcohol under section 105(2) of the Act.

(9) Best practice as regards standards of service and refusing service.

(10) Units of alcohol and the relationship between units and strength of different alcoholic drinks.

(11) The sensible drinking limits for males and females recommended by the British Medical Association.

(12) Good practice in managing conflict status.

I trust the Board will give full consideration to these matters and look forward to receiving your response in due course.

Yours faithfully

Anne Singleton

Secretary to the Licensing Forum