Dundee City Licensing Board - 13/12/2012

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 13th December, 2012.

Present:-

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 25th October, 2012 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANT

The Board agreed to defer the above application.

(b) VARIATIONS (MAJOR)

The Board, having heard from objectors, the applicant on their own behalf, the Chief Constable's representative and the Licensing Standards Officer, agreed to grant a variation to local condition 1 (Musical Consent) to allow TV, DJ/disco and background music in the basement area; to permit conference facilities in the basement area and to allow children and young persons access to the basement area for private functions. Further, the Board directed this variation be monitored for a period of three months and a report submitted to the Board thereafter.

The Board agreed to grant a variation to the layout plan resulting in capacity increasing from 12.5m2 to 18.77m2.

The Board agreed to grant a variation to allow automatic music playback system, karaoke, live bands, DJ and disco during core hours, to amend the on-consumption hours to read as follows:-

Monday - Thursday: 11am-12 midnight, Friday and Saturday: 11am-1am (this terminal hour would only be used in special circumstances and not on a weekly basis), Sunday: 11am-12 midnight, vary access for children and young persons; and add bar meals (bar meals may be provided to members and guests during special masonic meetings and private functions).

Variation to amend core hours from 12 midnight to 1am on Fridays and Saturdays, allow children under five access, and variation to the area to which children would be permitted.

The Board agreed to defer the above application.

The Board agreed to grant a variation to amend on-consumption to sell between 11am to 12 midnight Mondays to Sundays, allow restaurant facilities to be provided outwith core hours, receptions to be catered for outwith core hours, club to be catered for outwith core hours, permit recorded (background) music to be played during and outwith core hours, permit live performances (pianist, violinist, acoustic guitar) during core hours, provide an outdoor drinking facility during core hours, and change the name of the premises to 'Bridgeview Station Cafe Restaurant'.

Vary on-consumption hours on a Sunday to 11am. To allow gaming and indoor sports during core hours. To add the following to the local conditions for musical entertainment: automatic music playback system, DJ/disco all during core hours.

The Board agreed to defer the above application.

II GAMBLING ACT 2005 - STATEMENT OF LICENSING PRINCIPLES 2013/2016

There was submitted Agenda Note AN209-2012 informing the Board that in terms of Section 349 of the Gambling Act 2005, the Licensing Board was obliged to publish a three-yearly Statement of Licensing Principles as to how it proposed to exercise its functions under the Act. The next three year period runs from 2013/2016. A draft document had been issued for consultation to various statutory consultees and other interested parties.

The Board approved the final document.

III CONSULTATION ON PROPOSED NEW MANDATORY CONDITIONS FOR PREMISES AND OCCASIONAL LICENCES - LICENSING(SCOTLAND) ACT 2005

There was submitted Agenda Note AN210-2012 referring to the meeting of this Board of 14th June, 2012, where it was agreed to carry out a consultation under Section 6 of the Licensing (Scotland) Act 2005 on whether to introduce new mandatory conditions for premises licences regarding the condition and standards of the licensed premises to which the licences relate. Suggestions were also made for training conditions to be attached to future occasional licences.

The Board asked consultees for their views on the list of draft conditions as a prelude possibly to including them as a supplement to the Board's Statement of Licensing Policy. Consultees were also asked if the Board, in the event it decided to adopt any of the conditions in respect of premises licences, should do so now or wait until it has the power to vary the conditions of existing premises licences. (At the moment, the Board can only attach any new conditions to new premises licences since the power to vary existing licences is dependent upon regulations being issued by the Scottish Government as to the areas in which Licensing Boards will be able to vary conditions of premises licences already granted).

A total of three responses had been received, one from a premises licence holder and two from licensing solicitors. As far as the premises licence conditions were concerned, one response was supportive of the list of conditions being introduced, the other two (including the premises licence holder) saying that the Board would be exceeding its powers and straying into areas governed by other legislation (which would be outwith the Boards powers under Section 27 of the 2005 Act). Both of the responses from solicitors are of the view that the Board should wait until it has the power to vary existing licences before introducing any of the proposed conditions to avoid a two-tier licensing system whereby some premises are subject to the conditions and some not. Given the current uncertainty as to the legality of these conditions and the desirability of avoiding the position where only new premises licences can have the conditions attached, it is recommended that the Board defers any decision until the issue of the aforementioned regulations and that the Clerk be asked to contact the Scottish Government to try to ascertain when these regulations might be forthcoming.

As for the occasional licence conditions, the only significant comment was that applicants for occasional licences should be given sufficient notice of the proposed attachment of the training condition to enable them to make the necessary arrangements to train staff at the events concerned. This is entirely reasonable and, indeed, applicants would be given the opportunity to make representations to the Board before such conditions are attached.

The Board approved the new training conditions for occasional licences as a supplement to the Boards policy statement, and agreed to defer the list of draft conditions for premises licences pending outcome of discussions with the Scottish Government.

IV PREMISES LICENCES - REQUEST FOR REVIEW HEARINGS

The Board agreed to premises review hearings in respect of the Taychreggan Hotel, Tesco, Town House, The Maltman, Connells and Fair Price Convenience Store.

David BOWES, Convener.