Dundee City Licensing Board - 18/04/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th April, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

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

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

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, subject to licensing hours operating from 11.00 am to 11.00 pm.

The Board agreed to grant the above application.

(b) VARIATION (MAJOR)

The Board, having heard from the applicant on their own behalf, agreed to a variation for an extension of existing premises with a capacity of 16.7m2, subject to obtaining a building warrant.

The Board agreed to a variation to change of layout increasing capacity from 68m2 to 69.75m2.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to change layout to increase capacity from 42.97m2 to 43.75m2, subject to obtaining any necessary building warrant.

The Board, having taken into account an objection and heard from the applicant on their own behalf, agreed to a variation to remove the wording 'occasional bands and juke box', amend TV, Automatic Music System to read as follows 'TV, Automatic Music System during and outwith core hours, add 'bands and DJ during core hours, however, live bands may carry out sound checks prior to on‑consumption', amend Sunday opening time from 12.30 pm to 11.00 am and off-sales on a Sunday from 12.30 pm to 11.00 am, allow bar meals outwith core hours, club or other group meetings outwith core hours, televised sport outwith core hours, supply hot and cold non-alcoholic beverages, snacks, quiz nights and name change from The Bond to No 57. In addition, the Board also agreed to monitor operation of the licence until June, 2013.

II REVIEW HEARING - PREMISES LICENCE

(i) ST DAVID'S MASONIC SOCIAL CLUB, 86 NETHERGATE, DUNDEE

The Board, having heard from an Officer from the Environment Department, the licence holder and the Board's Legal Adviser, the Convener moved to suspend the licence for seven days with immediate effect. As an amendment, Councillor Gordon moved to issue a warning.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts, Councillors Murray, Hunter, Cordell, Cruickshank and Keenan (7); and for the amendment - Councillor Gordon (1) - whereupon the motion was declared carried.

III OCCASIONAL LICENCE

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

Councillor Keenan declared a non-financial interest and left the Chamber by virtue of having personal knowledge of the applicants family.

Councillor Cruickshank declared a non-financial interest and left the Chamber by virtue of having personal knowledge of the objectors family.

Depute Lord Provost Roberts declared a non-financial interest and left the Chamber by virtue of being contacted by one of the objectors.

The Board, having heard from an objector, taken into account an objection, heard from an agent on behalf of the applicant and the Board's Legal Officer, agreed to grant the application.

IV THE EQUALITY ACT 2010 - PUBLIC SECTOR EQUALITY DUTIES

There was submitted Agenda Note AN53-2013 informing members 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.

At its meeting on 21st March, 2013, the Board agreed to issue a draft strategy for consultation and only one response had been received. The final strategy had to be in place by 30th April, 2013 with the Board reviewing the strategy every four years and report annually as to how it was progressing towards meeting the quality outcomes contained therein.

The Board agreed to the above.

V REQUEST FOR REVIEW HEARING - PERSONAL LICENCE

Depute Lord Provost Roberts declared a non-financial interest and left the Chamber by virtue of being contacted by the licence holder.

Councillor Cruickshank declared a non-financial interest and left the Chamber by virtue of having knowledge of the licence holders family.

The Board agreed to a review hearing in respect of Thomas A Harkin, personal licence holder.

VI REQUEST FOR REVIEW HEARING - PREMISES LICENCE

The Board agreed to a review hearing in respect of Non-Zeros, 22 Castle Street, Dundee.

David BOWES, Convener.