Dundee City Licensing Board - 16/05/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 16th May, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 18th April, 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 an agent on behalf of the applicant, agreed to grant the above application, restricted to the policy hours for the outside area.

The Board, having heard from an agent on behalf of the applicant, agreed to grant the application removing all reference to the external area.

Depute Lord Provost Roberts declared a non-financial interest by virtue of having knowledge of the applicant and left the Chamber.

The Board, having heard from the Boards Legal Adviser, agreed to defer the above application.

(b) VARIATIONS (MAJOR)

The Board agreed to grant a variation to core hours to open from 2.00 pm until 2.30 am daily and alterations to layout plan to relocate bar area.

Variation to remove the current local conditions in relation to musical entertainment consent and replace with the following:-

TV, automatic music system, live bands (maximum four artistes), vocalists, karaoke, DJ, all during core hours Monday to Sunday, vary on consumption hours on Sunday to 11.00 am to 12 midnight, vary off consumption hours on Sunday to 11.00 am to 10.00 pm, allow club/other group meetings during core hours, live performance during core hours, gaming to take place during core hours, indoor sports during core hours, recorded music to be played outwith core hours and televised sport to be shown outwith core hours.

The Board, having heard from an agent on behalf of the applicant, agreed to defer the above application.

The Board, having heard from an agent on behalf of the applicant and an officer from the Environment Department, agreed to grant a variation to vary the terminal hour in the basement bar only to 1.00 am, and that when holding a private function. Operate due to seasonable demand and on the basis of occasional extensions applied for, allow children and young persons access to the basement bar for the duration of a private function and allow music and dance facilities in the basement for the duration of a private function.

The Board, having heard from an agent on behalf of the applicant and an officer from the Environment Department, agreed to grant a variation to allow children and young persons entry to the premises during core hours when accompanied by a responsible adult.

The Board agreed to grant a variation to the layout plan to install a new 9m bar.

The Board, having heard from the applicant on their own behalf, the Chief Constables representative and the Board's Legal Adviser, agreed to grant a variation to core hours to open from 1.30 pm to 2.30 am Monday, Tuesday and Thursday with adult entertainment to be included in the Operating Plan for private functions if required.

They further agreed to defer the request for opening to 4.30 am to the August meeting of the Board.

The Board, having heard from an agent on behalf of the applicant, the Chief Constable's representative and the Boards Legal Adviser, agreed to grant a variation to increase the terminal core hours for on sales from 12 midnight to 1.00 am, including the minimum charge on Fridays and Saturdays, to permit the general public to attend DJ and live band function in the premises to utilise the function room and main bar area of the premises for these purposes; to permit service of substantial snacks and meals during extended hours, permit uptake of Licensing Boards general extension to hours in respect of the festive season and Blues Festival, conferences and other meetings to take place on the premises, receptions to commence prior to core hours if required and dancing at live events, functions, other receptions and events.

Children accompanied by a responsible person aged 18 or over and young persons will be permitted access to premises until 10.00 pm generally at the discretion of the management - challenge 25 will apply at all times. Children and young persons will be permitted to attend private functions until the end of the function, all at the discretion of management.

Variation to amend local conditions for musical entertainment, TV, automatic music system, disco, DJ, karaoke (all during core hours), live music before on consumption hours for sound check purposes and live music during core hours. Change of name from The Doghouse to 20 Rocks, amendment from midnight closing to 2.30 am, remove conference facilities, amend club or other groups to outwith core hours (club meetings), live performance outwith core hours (rehearsals), theatre during and outwith core hours (rehearsals), televised sport outwith core hours (special sporting events outwith core hours) and remove all under 18s from the licence completely.

The Board agreed to defer the above application.

The Board, having heard from the applicant on their own behalf, agreed to a variation to change of name from The Town to Nicolls Bar & Restaurant and vary core hours to open at 11.00 am on Sundays.

II GAMBLING ACT 2005

(a) BINGO - VARIATIONS

The Board agreed to a variation to reduce size of licensed area and a change to internal layout.

(b) CASINO - VARIATION

The Board agreed to a variation to vary the Casino Licence so that it relates to part of the ground floor, Gala Club, Stack Leisure Park, Harefield Road.

III APPLICATION FOR PERSONAL LICENCE

(i) COLIN BAMBURGH

The Board, having heard from the Chief Constables representative and the applicant on their own behalf, agreed to grant the application.

IV REVIEW HEARING - PERSONAL LICENCE

(i) THOMAS A HARKIN

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

The Board, having heard from the Boards Legal Adviser, agreed to defer the above hearing.

V APPLICATION FOR OCCASIONAL LICENCE

(i) CAR PARK, JOHNSTON LANE, WEST PORT

The Board, having heard from an officer from the Environment Department and the applicant on their own behalf, the Convener moved to refuse the application. As an amendment, Councillor Cordell moved to grant the application.

On a division, there voted for the motion - the Convener (1); and for the amendment - Depute Lord Provost Roberts and Councillors Murray, Guild, Hunter and Cordell (5) - whereupon the amendment was declared carried.

VI PROPOSAL FOR AMENDMENT TO STATEMENT OF LICENSING POLICY RELATING TO OPENING HOURS OF ON-SALE PREMISES LICENCES

There was submitted Agenda Note AN66-2013 informing the Board that there had been discussions at a meeting of an internal Council group set up to look at the various policies of the Licensing Board and the Licensing Committee and to suggest if there were any possible changes which may be needed to those policies in the light of recent decisions of the Board and Committee on individual applications affected by the current policies.

The prevailing view was to suggest to the Board that it formalised its recent practice of granting licensed premises with substantial entertainment extensions to their operating hours until 2.30 am on Fridays and Saturdays, and that to recognise the distinction between these premises and dedicated nightclub premises, the latter be allowed to open until 4.00 am on these same two nights of the week. Another suggestion was to allow licensed premises without such entertainment to open until 1.00 am Fridays/Saturdays.

If the Board wished to pursue this, it would be necessary to remit to the Clerk to carry out the necessary statutory consultation under Section 6 of the Licensing (Scotland) Act 2005. In addition to the various statutory consultees (Licensing Forum, Health Board, etc), part of any such process would include a meeting with Trade representatives.

The Board agreed to initiate consultation, the result of which would be reported back to the August, 2013 meeting of the Board.

David BOWES, Convener.