Dundee City Licensing Board - 21/03/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 21st March, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 21st February, 2013 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board agreed to grant the above application.

(b) VARIATIONS (MAJOR)

The Board, having heard from an Officer from the Environment Department that no issues had arisen since the licence had been granted, agreed no further monitoring would be required.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to amend core hours to commence at 10.00 am on Saturdays and Sundays to facilitate early kick-offs.

Variation to core hours to open from 1.30 pm to 2.30 am Monday, Tuesday and Thursday and 3.30 pm to 4.30 am Wednesday and Friday to Sunday. Adult entertainment to be included in the Operating Plan for private functions if required.

The Board agreed to defer the above application.

The Board, having taken into account the objection and heard from the applicant on their own behalf, agreed to a variation to amend entertainment to include DJ/disco and karaoke during core hours and children 0-17 to be admitted for the duration of private functions.

The Board, having taken into account an objection and heard from the Chief Constable's representative and an agent on behalf of the applicant, agreed to a variation to Sunday opening to commence at 11.00 am, Friday and Saturday into Saturday and Sunday from Midnight - 2.30 am for entertainment purposes only [live bands/DJs] otherwise to close at Midnight as at present. To permit premises to open before core hours - no earlier than 8.30 am for the following activities [note - no alcohol to be sold during these hours without an occasional extension being sought and granted] - conferences, bar meals [to permit inclusion of breakfasts and morning coffees, teas and snacks], receptions, club meetings, recorded music in association with the above or when cleaning staff in premises and to include dance facilities, films [race nights and other events, training functions and general display of recorded media], and to permit late night premises opening until 2.30 am ,subject to the minimum entry charge on Friday's and Saturdays from Midnight for entertainment purposes only [note - more customers seated than standing]. To permit access by children and young persons accompanied by a responsible adult until 9.00 pm for the purpose of having a meal.

The Board, having heard from an agent on behalf of the applicant, agreed to a variation to amend the description of the premises to restaurant with bar area, permit bar meals during core hours, remove televised sport from Operating Plan and remove stand-up comedy from local conditions. The premises to open from 10.00 am for the provision of coffee and snacks and alterations to layout plan to extend the mezzanine level and name change to Piattani Restaurant.

II OCCASIONAL LICENCES

(i) REDD SUITE, LOWER GROUND FLOOR, 3 SESSION STREET, DUNDEE

The Board, having heard from an Officer from the Environment Department and an agent on behalf of the applicant, agreed to grant the application from 21st March, 2013 to 27th March, 2013.

III THE EQUALITY ACT 2010 - PUBLIC SECTOR EQUALITY DUTIES

There was submitted Agenda Note AN40-2013 informing the Board that as a public body, the Licensing Board was subject to the public sector equality duties set out in the Equality Act 2010. Since the Board was a separate legal entity from the Council, the Board required to produce its own equality strategy detailing how it intended to meet these duties and how it would measure progress towards this.

The Board remitted the Clerk to consult with interested parties and report back to the next meeting of the Board.

IV SCOTTISH GOVERNMENT CONSULTATION - FURTHER OPTIONS FOR ALCOHOL LICENSING

There was submitted Agenda Note AN41-2013 informing the Board that the Scottish Government had issued a consultation paper on further proposals for amending the liquor licensing legislation in Scotland.

The Board agreed to submit the response to the Scottish Government.

V TIME LIMITS FOR LODGING APPLICATIONS FOR OCCASIONAL LICENCE

There was submitted Agenda Note AN42-2013 noting that the Boards Statement of Licensing Policy says that, except where there is good reason, no applications for occasional licences will be accepted less than 28 days before the event to which they relate. This was to allow a minimum period of 21 days in the Licensing (Scotland) Act 2005 within which the Chief Constable and the Licensing Standards Officers may be consulted and for all other requirements of the application process to be completed. In the meantime, the legislation had been amended to give the Board the discretion to shorten the 21 day period where the Board is satisfied that the application requires to be dealt with quickly.

The Board agreed to delegate authority to the Convener, in consultation with the Clerk, to determine in individual cases what constitutes a need for such quick determination of applications and the Board directed that such power was to be exercised where the reason for the event was not reasonably foreseeable, eg a funeral, or a rearranged sporting event at short notice. If there were no such grounds, then the application would be returned to the applicant and not considered.

VI REQUEST FOR REVIEW HEARING - PREMISES LICENCE

The Board agreed to review hearing in respect of St Davids Masonic Social Club, 86 Nethergate, Dundee.

David BOWES, Convener.