Dundee City Licensing Board - 14/11/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 14th November, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 24th October, 2013 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board agreed to grant a variation to increase off-sales capacity from 6.75m2 to 40.5m2 from 24th November to 9th January each year.

The Board, having heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music ceasing at midnight.

The Board agreed to grant a variation to core hours to 3am Fridays and Saturdays. Children and young persons to be allowed entry to private functions until 10pm.

The Board agreed to grant a variation to core hours to 1am Mondays to Sundays.

The Board, having heard from the Chief Constable's representative, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant a variation to:-

Consent for musical entertainment within the premises limited to the following: Amend TV and projected sport and music, automatic music system and juke box Monday to Sunday during core hours. Bands, DJ, karaoke, instrumentalists and vocalists (maximum of five artistes) Monday to Sunday during core hours. Dominoes, race/quiz/darts nights, Charity Fund Raisers Monday to Sunday during core hours;

- Add bar meals as an activity during core hours, and prior to core hours, but no earlier than 7am, for the service of breakfast for residents and non-residents - alcohol would not be available until the commencement of core hours;

- Amend recorded music so that it is available outwith core hours to accompany other permitted activities, such as bar meals, but no earlier than 7am;

- Amend operating plan so that outside drinking facilities, which are already permitted for the pavement cafe, are also now applicable to a beer garden referred to as courtyard area and will form part of the licensed premises, to operate in accordance with the Boards Policy hours for outside areas;

- Amend televised sport so that it is available outwith core hours to allow showing of key sporting events such as Olympics, World Cups, Boxing matches etc. Alcohol would not be available unless an extended hours application had been granted;

- Amend children and young persons terms so that children and young people would be permitted only when accompanied by an adult, for the purposes of consuming a meal, or attending a function, or when resident at the Inn;

- Amend children and young persons times so that children and young persons would be permitted access until 10pm in July and August and 9pm for remainder of the year, or until end of a meal, or the end of a private family function, or at all times when resident at the Inn. They will also be permitted prior to core hours when attending for the purposes of consuming breakfast;

- Amend children and young persons parts so that children and young persons will be permitted access to all public areas and bedrooms when resident;

- Amend the layout to plan to show the following:-

- A new kitchen replacing general store and spirits store.

- Existing double doors to side of disabled toilet and existing rear door to courtyard removed and corridor formed with new flat roof over.

- New entrance to disabled/ladies toilet.

- New double access/fire exit doors out to rear courtyard area to be used for the purpose of an outside drinking facility, but not to be used later than 9pm September to June and 10pm in July and August.

- New ladies toilet added.

- Additional outside tables on Fort Street, which are still to be regulated by a Section 59 table permit and occasional licences and amended matrix showing which activities are permitted in each area of the premises.

The Board, having heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music terminating at midnight.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays with live music terminating at midnight.

The Board, having heard from the Chief Constable's representative, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant a variation to open on Fridays and Saturdays from 11am to 2am, open on Sundays from 11am, to include dance facilities. The Board noted that the applicant withdrew that part of the application relating to incorporation of the outside area within the licence.

Variation to Core Hours to 3am Fridays and Saturdays

The Board agreed to defer the above application.

Variation to Core Hours to 1am Fridays and Saturdays

The Board, having heard from an objector, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to defer the above application to the December meeting of this Board.

The Board agreed to grant a variation to allow children and young persons aged 14 and over access to the premises for the purpose of having a meal, light refreshment or collecting a takeaway without the requirement of being accompanied by an adult.

The Board, having heard from an objector, the Chief Constables representative, an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 3am Fridays and Saturdays.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music terminating at midnight.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music terminating at midnight.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser agreed to grant a variation to core hours to 1am Fridays and Saturdays and from 11am on Sundays, with live music terminating at midnight.

The Board, having heard from the Head of Environmental Protection's representative and the applicant on their own behalf, agreed to grant a variation to core hours to 1 am Fridays and Saturdays and from 11am on Sundays, with live music terminating at midnight and removal of condition allowing children and young persons on the premises.

The Board, having taken into account objections, heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays with live music terminating at midnight.

The Board, having taken into account objections, heard from the Chief Constables representative and the applicant on their own behalf, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music terminating at midnight.

The Board, having heard from an objector, an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 2am Fridays and Saturdays, subject to minimum charge conditions.

Variation to Core Hours to 1am Mondays to Sundays.

The Board agreed to defer the above application.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays, with live music terminating at midnight.

The Board, having taken into account an objection, heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to core hours to 1am Fridays and Saturdays with live music terminating at midnight.

II GAMBLING ACT 2005

(a) LICENSED PREMISES GAMING MACHINES - NEW

The Board, having heard from an agent on behalf of the applicant, agreed to grant the application for installation of three machines (Category C).

III REVIEW HEARINGS

(a) PREMISES LICENCES

(i) Ferraris, 3-5 Ogilvie Street, Dundee

The Board, having heard from representatives of the Chief Constable and Head of Environmental Protection, the licensee on their own behalf and the Board's Legal Adviser, agreed to suspend the premises licence for one week, require the licensee to have an operational CCTV system in place by 19th December, 2013 and further agreed to hold a personal licence review for the premises manager at the December meeting.

(ii) The Liquor Warehouse, 65-67 Provost Road

The Board heard from the Head of Environmental Protection's representative, the licensee on their own behalf and the Board's Legal Adviser.

The Convener moved to issue a written warning.

As an amendment, Councillor Keenan moved to suspend the licence for one month.

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

(iii) Seven Day News, 25 Brook Street, Broughty Ferry

The Board, having heard from the Chief Constable's representative, an agent on behalf of the Licensee and the Board's Legal Adviser, agreed to defer the above hearing to the December meeting of this Board.

(b) PERSONAL LICENCE

(i) Mr Muhammed Hameed

The Board, having heard from the Chief Constable's representative, an agent on behalf of the licence holder and the Board's Legal Adviser, agreed to defer the above hearing to the December meeting of this Board.

IV APPLICATION FOR OCCASIONAL LICENCE

(i) The Vine, 43 Magdalen Yard Road

The Board, having heard from the Chief Constable's representative, the applicant on their own behalf and the Board's Legal Adviser, agreed to grant the above application.

David BOWES, Convener.