Dundee City Licensing Board - 22/08/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 22nd August, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 13th June, 2013 was held as read.

I MINUTE OF MEETING OF LICENSING FORUM OF 4TH JUNE, 2013

The Board noted the above for information.

II REVIEW OF STATEMENT OF LICENSING POLICY 2013-2016

There was submitted Agenda Note AN96-2013 informing the Board that a consultation was currently being undertaken in regard to the Boards policy on opening hours for licensed premises and would be reported back to the Board at its meeting on 19th September, 2013.

In the meantime, and in terms of Section 6 of the Licensing (Scotland) Act 2005, the Board was obliged to review the remainder of its Statement of Licensing Policy by the end of 2013.

The Board remitted to the Clerk to make the necessary arrangements for the carrying out of a consultation with the statutory list of interested parties and any other appropriate persons and that a report thereon be submitted to the Board at its meeting on 14th November, 2013.

It was agreed that the consultation period would run until Friday, 25th October, 2013.

III LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having taken into account objections, heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the above application.

The Board, having heard from objectors, an agent on behalf of the applicant, the Chief Constables representative, Licensing Standards Officers, and the Boards Legal Adviser, agreed to grant the above application.

Councillor Keenan declared a non-financial interest by virtue of knowing one of the objectors and took no part in the debate.

The Board, having heard from objectors, an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the above application.

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

(b) VARIATIONS (MAJOR)

The Board agreed to a variation to amend core hours for off-sale to 11.00 am to 10.00 pm Monday to Saturday and 12.30 pm to 10.00 pm on Sundays.

The Board agreed to a variation to allow consumption of alcohol on the premises from 10.00 am on Saturday and Sunday when there is an early kick off.

Variation to extend core hours on Wednesday, Friday, Saturday and Sunday to 4.30 am.

The Board agreed to defer the above application.

The Board agreed to a variation to commence core hours at 10.00 am Monday to Sunday.

The Board agreed to a variation to extend core hours to 1.00 am Monday to Sunday.

Variation to extend core hours to 2.00 am on Friday and Saturday. Children and young persons to be permitted access until 9.00 pm when accompanied by a responsible adult for the purpose of having a meal.

The Board agreed to defer the above application.

IV GAMBLING ACT 2005

(a) BETTING (OTHER) - TRANSFER

The Board agreed to an application for transfer from Phoenix Bookmakers.

(b) LICENSED PREMISES GAMING MACHINES - VARIATION

The Board, having heard from the applicant on their own behalf, agreed to grant an application to increase number of machines from three to four.

(c) CLUB GAMING MACHINE PERMIT - NEW

The Board agreed to grant an application for Club Gaming Permit.

V PREMISES LICENCE UPDATE

(a) NO 57, 57-58 DOCK STREET, DUNDEE

It was reported that a major variation was granted at the April meeting as follows:-

Change to local Condition 1 to read 'TV and Automatic Music System' within and outwith core hours. Bands and DJ during core hours, however live bands may carry out sound checks prior to on consumption.

Variation to allow alcohol to be sold for consumption on and off the premises from 11.00 am on Sundays.

Variation to allow bar meals, club/group meetings and televised sport outwith core hours.

Change of layout plan.

Change to premises name from The Bond to No 57.

It was agreed that the licence holder would be called back to ascertain if there have been any issues regarding noise.

The Board, having heard from the Head of Environmental Protection's representative, agreed to take no further action.

VI LEMONT SYLVESTER - APPLICATION FOR OCCASIONAL LICENCE

Councillor Keenan declared a non-financial interest by virtue of knowing the applicant's family and took no part in the debate.

Application was made for an occasional licence for the periods 29th August to 11th September, 2013 and 12th September to 21st September, 2013. The Convener had declined to consider the applications under delegated powers.

The Board, having heard from the Clerk, agreed to grant the above applications.

VII REVIEW HEARINGS - PREMISES LICENCES

(a) THE 4JS - 10 DUNDONALD STREET, DUNDEE

The Board, having heard from the Head of Environmental Protection's representative and an agent on behalf of the licence holder, agree to suspend, with immediate effect, the premises licence for two weeks.

(b) THE SOCIAL, 10 SOUTH TAY STREET, DUNDEE

The Board, having heard from the Head of Environmental Protection's representative and an agent on behalf of the licence holder, agreed to issue a written warning.

(c) THE VICTORIA BAR, 134-136 VICTORIA ROAD, DUNDEE

The Board, having heard from the Head of Environmental Protection's representative and an agent on behalf of the licence holder, agreed to a hearing in respect of the personal licence held by Mr George Angus and suspend the premises licence with immediate effect for one week.

VIII APPLICATION FOR PERSONAL LICENCE - MATTHEW WEBB

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

IX REQUEST FOR REVIEW HEARING

The Board agreed to a review hearing in respect of the Arctic Bar, 3-5 New Inn Entry, Dundee.

David BOWES, Convener.