Dundee City Licensing Board - 19/12/2013

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 19th December, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 14th November, 2013 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

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

The Board, having heard from the applicant on their own behalf, the Head of Environmental Protection's representative and the Board's Legal Adviser, agreed to grant the above application, subject to review after six months.

The Board agreed to grant the above application.

(b) VARIATIONS (MAJOR)

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music to cease at midnight.

The Board, having heard from an agent on behalf of the applicant, the Chief Fire Officer's representative and the Board's Legal Adviser, agreed to grant a variation to open until 1am on Fridays and Saturdays, to allow children access to the lounge and toilets until 8pm when accompanied by an adult for the purpose of having a meal and variation to layout plan, subject to review after three months and live music to cease at midnight.

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music to cease at midnight.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to amend Sunday opening time for consumption of alcohol from 12.30pm to 11am; amend the terminal hour for the consumption of alcohol from 11pm to 12 midnight Monday to Sunday; remove conference facilities from the operating plan; allow club or other group meetings outwith core hours; allow recorded music outwith core hours; allow an outdoor drinking facility during and outwith core hours from opening until 6pm daily (alcohol will only be permitted to be consumed between 11am and 6pm). This outside drinking area will run along the lines of a pavement cafe eg all patrons using the area must be seated. Standing and drinking in the area will not be permitted and subject to usual conditions re pavement cafes. Private dinner parties may be permitted on the premises; and amend access to children and young persons to allow them entrance without the requirement to be accompanied by an adult and to attend private dinner parties with an adult for the duration of that event.

The Board, having heard from an agent on behalf of the applicant and taken into account objections, agreed to grant a variation to open until 1am on Fridays and Saturdays with live music ceasing at midnight.

The Board agreed to grant a variation to core hours to commence at 11am on Sundays, 1am closing on Fridays and Saturdays, children and young persons to be permitted access until 10pm for the purpose of having a meal and permission for off-sales and conference facilities, with live music ceasing at midnight.

The Board agreed to grant a variation to allow automatic music system, disco, karaoke and instrumental groups Mondays to Sundays during core hours, allow bar meals outwith core hours; club or other group meetings outwith core hours, recorded music outwith core hours, films allowed on ad hoc film nights, allow children and young persons entry for consumption of meals and to attend private functions, amend name of premises and amend on consumption to 1am Fridays and Saturdays, with live music ceasing at midnight.

The Board, having heard from the applicant on their own behalf and taken into account objections, agreed to grant a variation to allow background music, automatic playback system, TV during and outwith core hours Mondays to Sundays - karaoke, live performances (no amplified music eg acoustic guitar, accordion etc from opening until 12 midnight Mondays to Sundays; amend the terminal hours on a Friday and Saturday night from 12 midnight to 1am; amend off consumption opening time on a Sunday from 12.30pm to 11am; allow recorded music outwith core hours; permit live performances during core hours (no amplified music); permit televised sport outwith core hours; add 'private functions' to 5f, permit children and young persons access to the premises for football matches and private functions, live music to cease at midnight and recall after three months.

The Board, having heard from an agent on behalf of the applicant, objectors and the Board's Legal Adviser, agreed to grant a variation to core hours - from 11am to 1am Fridays and Saturdays and from 11am to 12 midnight Sundays and off-sales from 11am to 10pm Sundays, live music to cease at midnight and to recall the application after three months with assessment for alarming fire doors.

The Board agreed to grant a variation to change opening hours on Sundays from 12.30pm to 11am, change recorded music out of hours for benefit of staff in mornings pre-opening; change ages allowed entry for functions from 5 to 17 to 0 to 17 to allow for private functions/christenings and change layout of large function hall and subject to the applicant obtaining a Building Warrant.

The Board, having heard from an agent on behalf of the applicant, the Chief Constable's representative and the Board's Legal Adviser, agreed to grant a variation to open until 2am Fridays and Saturdays and from 11am to 12 midnight Sundays, subject to minimum entry conditions and reviewed after three months.

The Board agreed to grant a variation to open until 3am Fridays and Saturdays.

The Board agreed to grant a variation to open until 1am Fridays and Saturdays, with live music ceasing at midnight.

The Board, having heard from an agent on behalf of the applicant and taken into account objections, agreed to grant a variation to increase core hours to commence at 11am and terminate at 1am on Fridays and Saturdays with live music ceasing at midnight and reviewing in three months.

The Board agreed to grant a variation to open until 1am Fridays and Saturdays, with live music ceasing at midnight.

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music ceasing at midnight.

The Board, having heard from an agent on behalf of the applicant, the Chief Constables representative and taken into account objections, agreed to grant a variation to open until 1am on Fridays and Saturdays and from 11am until midnight on Sundays with live music ceasing at midnight.

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music ceasing at midnight.

The Board agreed to grant a variation to the terminal hour for the sale of alcohol for consumption on the premises on Fridays and Saturdays at 1am; in Question 6(b) the current wording is deleted and there will be substituted therefor "Children will be admitted to the premises provided they are accompanied by a responsible adult (ie a person over 18 years of age). Children must be on the premises for the purpose of the consumption of a meal. Young Persons may, at the management's discretion, be allowed access to the premises unaccompanied for the purpose of consuming a meal. On any other occasion, young persons must be accompanied by a responsible adult (ie a person over 18 years of age); and in Question 6(d) the words "8pm" are deleted and there are substituted therefor the words "10pm". Live music to cease at midnight.

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music to cease at midnight.

The Board agreed to grant a variation to open until 1am on Fridays and Saturdays, with live music to cease at midnight.

The Board, having taken into account objections, heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant a variation to open until 1am on Fridays and Saturdays with live music to cease at midnight.

The Board agreed to grant a variation to terminal hour for on sales to be 1am Fridays and Saturdays; premises may be opened from 9am to provide breakfast, teas and coffees before start of core hours - no alcohol will be served; receptions will take place during core hours and may commence from 9am; recorded music will be able to be played when premises are open, with live music to cease at midnight.

II STATEMENT OF LICENSING POLICY 2013-2016

There was submitted the Board's Statement of Licensing Policy for 2013-2016 (Appendix 1).

The Board, having heard from the Clerk, agreed to its implementation.

III POLICY

There was submitted Agenda Note AN146-2013 highlighting the number of applications for variation to the new policy hours advertised in December, 2013:-

Public House to 1am at weekends - 4

Hybrids to 2pm at weekends - 1

Nightclubs to 3pm at weekends - 0

The above applications, having been advertised, would be presented to the Board at its meeting in January, 2014.

IV REVIEW HEARINGS

(a) PREMISES LICENCES

(i) Ferraris, 3-5 Ogilvie Street

Reference was made to Article III(a)(i) of the minute of meeting of this Board of 14th November, 2013, wherein the Board agreed to suspend the premises licence for a period of seven days and to vary the licence attaching the following condition:-

A CCTV system must be installed on the premises to the satisfaction of Police Scotland and must be kept in good working order.

The system was to be operational by 19th December, 2013.

The Board, having heard from the Chief Constable's representative, the Head of Environmental Protection's representative, the licence holder on their own behalf and the Boards Legal Adviser, agreed to take no further action.

(ii) Non-Zeros, 22 Castle Street

Reference was made to Article III(a)(ii) of the minute of meeting of this Board of 19th September, 2013, wherein the Board agreed to defer the hearing.

The Board, having heard from the Head of Environmental Protection's representative, an objector, the licence holder on their own behalf and the Board's Legal Adviser, agreed to defer the hearing to the February meeting of this Board.

(iii) Seven Day News, 275 Brook Street

Reference was made to Article III(a)(ii) of the minute of meeting of this Board of 14th November, 2013, wherein the Board agreed to defer the hearing.

The Board, having heard from an agent on behalf of the licence holder and the Boards Legal Adviser, agreed to defer the hearing to the February meeting of this Board.

(b) PERSONAL LICENCES

(i) Charles Smith

Reference was made to Article III(a)(iii) of the minute of meeting of this Board of 14th November, 2013, wherein the Board agreed to hold a personal licence review in respect of Charles Smith.

The Board, having heard from the Chief Constables representative, Head of Environmental Protection's representative, the licence holder on their own behalf and the Boards Legal Adviser, agreed to issue a written warning.

(ii) Muhammad Hameed

Reference was made to Article III(b)(i) of the minute of meeting of 14th November, 2013, wherein the Board agreed to defer the hearing.

The Board, having heard from an agent on behalf of the licence holder and the Boards Legal Adviser, agreed to defer the hearing to the February meeting of this Board.

V REQUEST FOR REVIEW HEARINGS

(i) The Board agreed to hold a review hearing in respect of the Park Bar, 1/5 Albert Street.

David BOWES, Convener.

APPENDIX 1

DUNDEE CITY LICENSING BOARD

STATEMENT OF LICENSING POLICY

2013-2016

UNDER

SECTION 6 OF

THE LICENSING (SCOTLAND) ACT 2005

1. INTRODUCTION

In terms of Section 6 of the Licensing (Scotland) Act 2005 ("the 2005 Act"), every Licensing Board is required to publish a statement of their policy with respect to the exercise of their functions under the Act during the succeeding three year period. In addition, the Licensing Board may, during that three year period, publish a supplementary statement of their policy with respect to the exercise of their functions during the remainder of that period (known as a "supplementary licensing policy statement"). The first three year period commenced on 30th November, 2007. This statement is produced following the second three yearly review thereof.

In preparing its licensing policy statement (or a supplementary licensing policy statement), the Licensing Board must:-

(a) ensure that the policy statement seeks to promote the licensing objectives; and

(b) consult -

(i) the Local Licensing Forum for the Board's area;

(ii) if the membership of the Forum is not representative of all of the interests required to be represented on it, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative; and

(iii) such other persons as the Board thinks appropriate (Section 6(3)(b) of the 2005 Act).

In exercising their functions under the 2005 Act during each three year period, the Board must have regard to its licensing policy statement (and any supplementary licensing policy statement) published by the Board in relation to that period.

The "licensing objectives" referred to above are contained in Section 4 of the 2005 Act and are as follows:-

(a) preventing crime and disorder;

(b) securing public safety;

(c) preventing public nuisance;

(d) protecting and improving public health; and

(e) protecting children from harm.

Dundee City Licensing Board is constituted under Section 5 of, and Schedule 1 to, the 2005 Act. It consists of 10 members and the quorum is five. It is the successor to the Licensing Board with the same name which was previously constituted under Section 1 of the Licensing (Scotland) Act 1976 ("the 1976 Act").

In October 2013, the Board issued a consultation document to enable it to obtain the views of interested parties in accordance with its duties under Section 6(3)(b) of the 2005 Act outlined above. In May 2013, the Board carried out a separate consultation with regard to the subject of licensing hours - see section headed "Licensing Hours" at pp 12 et seq. As part of this consultation process, the following were invited to comment:-

The Local Licensing Forum;

Dundee City Council;

Community Councils and other neighbourhood groups;

Dundee Children's Protection Committee;

Police Scotland;

Scottish Fire and Rescue Service;

NHS Tayside;

Dundee Partnership;

Scottish Beer and Pub Association;

Anyone else with an interest in Licensing issues.

The original consultation document and the list of consultees can be obtained on request from the Licensing Office at 18 City Square, Dundee, DD1 3BY.

The Board has also had regard to the Guidance issued by Scottish Ministers referred to at page 6 of this document.

This policy will be kept under review during the succeeding three year period and we will consult regularly with interested parties and stakeholders in relation to the contents hereof.

In addition, this policy may require further revision in light of any regulations or further guidance issued by the Scottish Government.

This policy does not affect the right of any person to apply in terms of the 2005 Act and to have any such application considered on its individual merits. Any person may make representations in relation to an application or seek review of a licence where provision is made for this in the 2005 Act.

2. THE LICENSING (SCOTLAND) ACT 2005 - A BRIEF OVERVIEW

The provisions of the Licensing (Scotland) Act 2005 have been in force since 1st September, 2009. There was a transition period beginning on 1st February, 2008 during which all of the existing licences granted under the Licensing (Scotland) Act 1976 required to be transferred to the new system under the 2005 Act. All 1976 Act licences continued to run until 1st September, 2009 when they terminated automatically.

Under the 2005 Act, the existing categories of licence (eg public house, hotel, refreshment etc) were discontinued and, instead, were replaced by a single premises licence in respect of the actual premises and, separately, a personal licence or licences allowing named individuals to supervise or authorise the sale of alcohol on the premises concerned. Whilst premises licences will last indefinitely (subject to payment of an annual retention fee to the Licensing Board), personal licences last for a period of 10 years from the date of issue and may then be renewed for further periods of 10 years at a time.

Dundee Licensing Forum

The 2005 Act introduced a statutory role for Local Licensing Forums and a lead-in time regarding the formation of these bodies. Within this context, the Dundee Licensing Forum was formed in 2007. The role of the Forum is to:-

?                                             keep under review the operation of the Licensing (Scotland) Act 2005 in the Forum area;

?                                             review the relevant Licensing Board functions;

?                                             give policy advice and make recommendations to the Board as appropriate.

Dundee City Licensing Board has a duty to "have regard" to the Forum's views and must offer reasons where it takes decisions against the advice of the Forum. The role of the Forum does not include reviewing or offering advice or recommendations in relation to any particular application or case before Dundee City Licensing Board.

Membership of the Forum is required to consist of between 5 and 20 members, as determined by Dundee City Council. Members are representative of the required five key interest areas which are:-

?                                             holders of premises licences and personal licences;

?                                             the Chief Constable for the Police area in which the Forum's area is situated;

?                                             persons having functions relating to health, education or social work;

?                                             young people; and

?                                             persons resident within the Forum's area.

The Dundee Licensing Forum meets with Dundee City Licensing Board once a year. The Forum meets four times a year.

Premises Licences

A premises licence authorises the sale of alcohol on the premises. It is granted by the Licensing Board for the area where the premises are situated. An application for a premises licence may be made by any person aged 18 or over and must contain a description of the premises; an operating plan for the premises; a layout plan of the premises; and appropriate certificates in relation to planning, building standards and food hygiene (if food is to be sold on the premises).

Where a Licensing Board receives such an application, it must give notice to:-

?                                             each person having an interest in neighbouring land;

?                                             any Community Council within whose area the premises are situated;

?                                             the Council within whose area the premises are situated;

?                                             the appropriate Chief Constable; and

?                                             the Enforcing Authority within the meaning of Section 61 of the Fire (Scotland) Act 2005 in respect of the premises.

Notice to the Chief Constable of the premises licence application must be accompanied by a copy of the application. Once an application is received for a premises licence, the Licensing Board must hold a hearing for the purpose of considering and determining the application, taking into account appropriate plans and certificates accompanying the application, any police notices relating to convictions on the part of the applicant or any person connected with the applicant, or objections or representations made to it.

In considering and determining the premises licence application, the Board must consider whether any grounds for refusal of the application apply. If no grounds for refusal apply, the Board must grant the application. If there are grounds for refusal, the Board must refuse the application. The grounds for refusal are as follows:-

?                                             the premises are "excluded premises";

?                                             the application is within one year after the refusal of a previous premises licence application;

?                                             the application is for a 24 hour licence (unless the Board is satisfied that there are exceptional circumstances to grant this);

?                                             if the application is in relation to off-sales, it proposes hours for alcohol to be sold on the premises either before 10am or after 10pm or both;

?                                             the Board considers that the granting of the licence would be inconsistent with any one or more of the licensing objectives (narrated in the Introduction hereto);

?                                             the Board considers the premises to be unsuitable for use for the sale of alcohol; and

?                                             the Board considers that granting the application will result in over-provision in the locality.

Where the Board considers that they would refuse the application in the form in which it is made, but would accept it if a modification is made to the operating plan or the layout plan, they may propose this to the applicant and subsequently grant the application on this basis.

Personal Licences

To be eligible to apply for a personal licence, the applicant must:-

?                                             be 18 years or over;

?                                             possess an accredited licensing qualification; and

?                                             not have had a personal licence revoked within the period of 5 years ending with the day on which the application for the personal licence is made.

Applications require to be copied to the appropriate Chief Constable, who must respond to the Licensing Board within 21 days with a notice confirming any relevant or foreign offences of which the applicant for the licence has been convicted and, if there are such offences, the police can recommend refusal of the application.

The Licensing Board must grant a personal licence application if they are satisfied that the applicant meets the criteria above and there is no notice from the Chief Constable of any relevant or foreign offences. If there is such notice from the Chief Constable, the Board must hold a hearing for the purpose of considering and determining the application. After such hearing, the Board must, having regard to the notice from the Chief Constable, either grant the application or, if it is satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application.

Objections and Representations to Premises and Personal Licences

Any person may, by notice to the Licensing Board, object to a premises licence application on any relevant ground for refusal. Such persons may also make representations to the Board either in support of the application, seeking modifications to the operating plan or conditions to be imposed upon the grant of any licence. Where notice of objection or representation is received by the Licensing Board, it must give a copy of the notice to the applicant and have regard to the notice in determining the application. A notice of objection or representation may be rejected by the Board if it considers it to be frivolous or vexatious.

(As noted above in relation to personal licences, only the Chief Constable may serve notice on the Board and this relates to any relevant or foreign offence of which the applicant for the licence has been convicted, or alternatively that the licence holder has acted in a manner inconsistent with the licensing objectives. In such circumstances, the Board is obliged to hold a hearing into the application).

Other Permissions

Apart from the two types of licence referred to above, the 2005 Act also makes provision for a number of other permissions to be granted by a Licensing Board. These are set out in the following paragraphs, together with the powers of the Board to review existing licences.

Occasional Licences

Premises (other than licensed premises) may be issued an occasional licence authorising the sale of alcohol on the premises, providing the application is made by a premises or personal licence holder, or a representative of any voluntary organisation. This type of licence is likely to be used for events (eg a wedding reception) not held in premises already licensed for the sale of alcohol. An occasional licence can have effect for no more than 14 days. Where an application is made for an occasional licence, any person may object to the application on any ground for refusal or make representations to the Board concerning the application. Representations can be made either in support of or against granting the application. Applications are advertised on the Board's website www.dundeecity.gov.uk. Applications are also copied to the Chief Constable and any Licensing Standards Officers for the Licensing Board's area.

Provided there are no adverse reports from the Chief Constable, Licensing Standards Officers or any objections or representations, the Board must grant the application. Failing this, the Board must hold a hearing to determine the application. The grounds for refusal are similar to those relating to premises licence applications. Due to the statutory 21 day period during which the Chief Constable and the Licensing Standards Officers may make representations, applications for an occasional licence will not be accepted less than 28 days before the event in question except for good reasons.

Provisional Premises Licences

This is an application in relation to premises which are being constructed or converted for use as licensed premises. A provisional premises licence has no effect until confirmed by the Licensing Board. The licence has to be confirmed within four years, otherwise it will automatically be revoked. This period can be extended if the construction or conversion work of the premises is delayed for reasons outwith the control of the licence holder.

Section 47 of the 2005 Act makes further provision in respect of temporary premises licences and this applies where any licensed premises are undergoing, or are about to undergo, reconstruction or conversion. On application to the Licensing Board, the licence holder can obtain a temporary premises licence in respect of other premises within the Board's area, provided that the other premises are suitable for use for the sale of alcohol and the Board is satisfied that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises. Such temporary licence has effect for a maximum period of two years and is subject to the same conditions as those to which the principal premises licence is subject. The two year period can be extended for a maximum further period of twelve months on application by the licence holder.

Extended Hours Applications

The Licensing Board may, on application by a premises licence holder, extend the licensed hours by such period as is specified in the application or such other period as the Board consider appropriate, in connection with a special event or occasion to be catered for on the premises, or an event of local or national significance. Applications must be copied to the appropriate Chief Constable and Licensing Standards Officers.

The Board must take into account any comments from the Chief Constable or Licensing Standards Officers and may hold a hearing for the purposes of determining the application. Where the Board decides not to hold a hearing, it must ensure that, before determining the application for extended hours, the applicant is given sufficient opportunity to comment with regard to any notices and reports submitted either by the Chief Constable or Licensing Standards Officers.

Variation and Transfer of Premises Licences

A premises licence holder may apply to the Licensing Board for a variation of the licence. This can be any variation of:-

?                                             conditions to which the licence is subject, other than mandatory conditions;

?                                             information contained in the operating plan;

?                                             the layout plan contained in the licence; and

?                                             any other information contained or referred to in the licence.

If the application is for a "minor variation", this must be granted by the Licensing Board. A "minor variation" means any variation of the layout plan which is not inconsistent with the operating plan, any restriction of the terms on which children or young persons are to be allowed entry to the premises or any variation of the information contained in the licence relating to the premises manager. If the variation does not fall within the categories of minor variation, the application must be the subject of a hearing before the Board for the purposes of considering and determining the application. If none of the statutory grounds for refusal apply, the Board must grant the application. Equally, a premises licence holder may apply to the Board for the transfer of the licence to another person.

If the Board receives a notice stating that neither the person to whom the licence is proposed to be transferred nor any person connected with him has been convicted of any relevant or foreign offence, they must grant the application. If there is notice of any such convictions, the Board must hold a hearing for the purpose of considering or determining the application. The person to whom it is proposed to transfer the licence may make the application in certain prescribed circumstances, eg upon purchase of the licensed premises concerned.

Operating Plan

This must accompany an application for a premises licence and should set out clearly the proposals for the operation of the licensed premises, including activities to be undertaken on the premises, proposed opening hours and the applicant's policy in relation to children. Applicants should be aware of the expectations of the Licensing Board and any responsible authorities as to steps which are necessary for the promotion of the licensing objectives.

Review of Premises Licenses

Any person may apply to the Licensing Board for a review of a premises licence on the grounds that one or more of the conditions attached to the licence have been breached, or any other ground relevant to one or more of the licensing objectives. The Board can also review any premises licence in their area on their own initiative. This must also relate to the grounds of review referred to above. Where the Board makes or receives a review application, they must hold a hearing for the purposes of considering and determining the application. If the Board is satisfied that there are grounds for review and that these are established, it can:-

?                                             issue a written warning to the licence holder;

?                                             vary a licence;

?                                             suspend the licence for a period; or

?                                             revoke the licence.

Review of Personal Licences

The Licensing Board must hold a review hearing into a personal licence should it become aware of the holder of the licence having been convicted of a relevant or foreign offence. Following such a hearing the Licensing Board, should it consider that action should be taken, may revoke the licence, suspend it for a period or endorse the licence. Should a personal licence holder receive three endorsements from the Licensing Board, the Board must hold a further hearing where it can either take no action, or suspend or revoke the licence (Section 86 of the 2005 Act).

3. POLICY ISSUES

As can be seen from the preceding section outlining the powers of the Licensing Board and the kinds of decisions it makes under the 2005 Act, there is a great deal of discretion involved in the discharge by the Board of its licensing functions. Applicants for, and holders of, licences require to have notice as to the manner in which the Board is likely to exercise these discretionary powers and also of the expectations of the Board as far as the conduct and operation of licensed premises is concerned.

The 2005 Act imposes a statutory requirement upon Licensing Boards to produce three-yearly policy statements, as is explained more fully in the Introduction. Nevertheless, it will still be open to applicants and licence holders to seek to convince the Board that any policy or policies so adopted should not apply in the circumstances of their own individual case.

Guidance for Licensing Boards and Local Authorities

Under the terms of Section 142 of the 2005 Act, Scottish Ministers have issued guidance to Licensing Boards as to the exercise of their functions under the Act. The final version of the first ministerial guidance was approved by the Scottish Parliament on 7th March, 2007. As far as statements of licensing policy are concerned, the guidance contains a number of recommendations for Licensing Boards. As noted in the Introduction, Section 6 of the 2005 Act requires the Licensing Board, when preparing its policy statement, to ensure that this seeks to promote the licensing objectives.

In addition, the Licensing Board must have regard to the ministerial guidance and it will, therefore, be useful to note the recommendations of the Guidance in so far as they relate to each of the policy issues detailed below.

In general terms, the Guidance says that statements of licensing policy should make clear that licensing is about regulating the sale of alcohol and the premises on which alcohol is sold, and for connected purposes within the terms of the Act. A statement of policy should also make clear that licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are no longer on licensed premises and beyond the direct control of the licence holder.

Overprovision of Licensed Premises

In terms of Section 7 of the 2005 Act, each licensing policy statement must include a statement as to the extent to which the Board considers there to be overprovision of either licensed premises in general or licensed premises of a particular description in any locality within its area. It is for the Board to determine the localities for this purpose and it must also have regard to the number and capacity of licensed premises in any particular locality. In making the assessment as to whether or not there is overprovision, the Board is required to consult with the Chief Constable and also such persons as appear to the Board to be representative of the interests of premises licence holders and persons resident within the locality, together with the views of such other persons as the Board thinks fit.

There is, at present, insufficient evidence to allow the Board to conclude with any degree of certainty that there are any localities in its area which are overprovided for to the extent that this would support a basis for refusing future applications. However, further research will be undertaken by the Clerk with all relevant agencies (Police, Health Board, community groups, etc) to obtain more detailed data for the localities identified, such as crime statistics, hospital admissions for alcohol-related reasons, etc. If any of this evidence supports a re-examination of the issue of overprovision in any particular locality, the Board is empowered to amend its policy. The Board has been advised by the Dundee City Alcohol & Drug Partnership that a detailed report on the subject of overprovision will be produced in the early part of 2014. The Board intends to revisit the issue at that stage.

The Licensing Objectives

The 2005 Act sets out five licensing objectives. These represent the principles on which the new licensing system is based and provide Licensing Boards with a foundation on which to build local policies. The objectives are not ranked in order of importance. Each has an equal weighting and all must be given consideration when Licensing Boards are carrying out their responsibilities. These five objectives are:-

(i) Preventing crime and disorder;

(ii) Securing public safety;

(iii) Preventing public nuisance;

(iv) Protecting and improving public health; and

(v) Protecting children from harm.

The following paragraphs of this policy statement set out Dundee City Licensing Boards recommended practice in relation to each of the licensing objectives, and the main factors that the policy aims to influence in order to deliver these outcomes. A menu of possible control measures is then presented, which is neither prescriptive nor exhaustive in describing approaches that may be taken to meet the objective. Applicants will know their own premises best, and will be expected to address the licensing objectives through the means most relevant to the individual style and characteristics of their premises, and the licensed activities for which they are seeking authorisation. Much of the suggested practice will impact on a number of the objectives, so may be mentioned more than once.

(i) Preventing Crime and Disorder

In carrying out its functions under the Act, the Board will have regard to the impact that licensed activities may have on crime and disorder in the area. In particular, the Board has, as one of its objectives, making the Boards area a safe environment for residents and visitors.

The Board encourages licence holders to institute measures which will be put in place to promote the prevention of crime and disorder. These include addressing problems associated with:-

?                                             Underage drinking including agency purchases;

?                                             Drunkenness on the premises;

?                                             Public disorder or violent behaviour;

?                                             Drink driving;

?                                             Anti-social behaviour, including littering;

?                                             Illegal possession, supply and/or use of drugs; and

?                                             The sale of illegal or stolen goods on the premises.

Suggested measures might include:-

?                                             Appropriate training of staff members, including in conflict management;

?                                             Installation of CCTV equipment;

?                                             Effective and responsible management of the premises;

?                                             Suitable lighting, internally and externally;

?                                             Security policies and employment of appropriate SIA licensed door staff;

?                                             Maintenance of a clean, hygienic environment in good repair;

?                                             Membership of Pubwatch or another similar scheme where such a scheme is in operation;

?                                             Display of prominent notices which set out the managements policy on illegal substances;

?                                             Participation in responsible purchase schemes eg PASS (Proof of Age Standards Scheme);

?                                             Ensuring displays of alcohol in off-sales premises are situated in areas which can be monitored by a member of staff;

?                                             Justification of size of measures and choice of size of wine glass;

?                                             Display of anti-drink driving materials;

?                                             Availability of reasonably priced non-alcoholic drinks;

?                                             Displaying local transport information to facilitate safe journeys home for customers;

?                                             Promoting awareness of schemes such as the designated driver scheme; and

?                                             Training staff members on the correct way to pour a measure by hand as required under the Weights and Measures Act 1985.

(ii) Securing Public Safety

One of the Boards priorities is ensuring that the licensed premise is a safe environment for members of the public.

The Board encourages licence holders to take measures which will be put in place to ensure public safety on the premises. Such measures should take account of the following:-

?                                             the occupancy capacity of the premises;

?                                             the design and layout of the premises, including means of escape;

?                                             the nature of the activities provided, such as music and dancing, and the provision of special effects;

?                                             the hours of operation; and

?                                             the profile of the customer at the premises.

Suggested measures might include:-

?                                             Carrying out risk assessments;

?                                             Installation of CCTV equipment;

?                                             Membership of Pubwatch or another similar scheme where such a scheme is in operation;

?                                             Effective and responsible management of the premises;

?                                             Glass management policy;

?                                             First Aid facilities and suitably trained staff;

?                                             Having an accident reporting system;

?                                             Having a written policy, backed up by staff training and good management, on the approach to be taken with people on the premises who are incapacitated or vulnerable through use of alcohol;

?                                             Employment of adequate numbers of suitably trained staff; and

?                                             Proof of regular testing of procedures or equipment which are in place.

(iii) Prevention of Public Nuisance

The Board recognises that licensed premises can have an impact on the amenity of the local area. The Board intends to protect local communities from any negative impact from the operation of licensed premises, whilst recognising the valuable cultural, social and business contribution of these premises. The Board will take a wide view of the phrase public nuisance to include noise, light, odour, litter and anti-social behaviour where they impact on the community living or working in the local area.

The Board encourages licence holders to take measures which will be put in place to prevent public nuisance. Such measures should take account of the following:-

?                                             Any proposed curfew times;

?                                             The location of the premises;

?                                             The type of neighbouring properties in the vicinity;

?                                             The nature of the activity to be carried out on the premises;

?                                             The licensed hours; and

?                                             The occupancy capacity of the premises.

Suggested measures include:-

?                                             Sufficient management of people entering and leaving the premises;

?                                             The installation of sound-proofing and sound-limiting devices;

?                                             The control of operating hours for different parts of the premises;

?                                             Restricting use of outside areas (eg beer gardens) at night, and ensuring day-time use (eg of pavement cafes) does not interfere with the amenity of local people;

?                                             Membership of Pubwatch or another similar scheme where such a scheme is in operation;

?                                             Supporting local schemes which encourage safe dispersal of patrons at closing time, for example, taxi marshalling;

?                                             Liaising with the providers of public transport; and

?                                             Appropriate training of staff members.

(iv) Protecting and Improving Public Health

The Board has, as a priority, the health and well-being of patrons of the licensed premises, and local people. The Board will have regard to the views of any other bodies responsible for or having an interest in public health.

The Board encourages licence holders to take measures which will be put in place to protect public health. This includes addressing the following:-

?                                             Awareness amongst patrons of low risk alcohol consumption guidance;

?                                             Avoidance of over-consumption and drunkenness; and

?                                             The risks to health of staff within the premises.

Suggested measures might include:-

?                                 Making available information which promotes moderate drinking along with awareness of units of alcohol in the products sold, and recommended low risk alcohol consumption guidelines;

?                                 Providing information on contact details where assistance for alcohol related problems may be sought;

?                                 Justification of size of measures and choice of size of wine glass;

?                                 Displaying anti-drink driving materials and promoting awareness of campaigns such as designated driver schemes;

?                                 Having in place a policy to deal with patrons who have consumed excessive alcohol;

?                                 Providing tap water fit for drinking, free of charge, and a wide selection of non-alcoholic drinks at reasonable prices at all times whilst the licensed premises are open;

?                                 Making it possible for women to comfortably breast feed their babies on the premises if they wish;

?                                 Participating in schemes that recognise the availability of healthy food choices (such as Best Bar None); and

?                                 Appropriate training of staff members.

There is evidence that those involved in the licensed trade are more likely to suffer from an alcohol related problem than those in other professions. Therefore, the Board would encourage businesses in the licensed trade to have in place a workplace alcohol policy in order to raise awareness, minimise harm and ensure that staff are able to access help (without fear of a job loss) when an alcohol related problem arises.

Licence holders especially are reminded of the offences relating to the sale of alcohol; especially the offences of sale of alcohol to an under-age person, sale of alcohol to a drunk person and allowing drunkenness to take place on the premises.

(v) Protecting Children from Harm

The Board welcomes applications from licensed premises which will accommodate children and young people. However, the Board recognises the additional responsibilities placed upon such premises and the importance that such premises have in place appropriate measures to protect children and young people from harm. In pursuing this objective, the Boards aim is to achieve balance between the availability of licensed premises where families can enjoy leisure time together, and the need to prevent the exposure of young people to harmful influences, including excessive alcohol consumption, access to alcohol when under-age, bad language (including on TVs), gambling, violence, adult entertainment, or the association of alcohol with activities that appeal to young people. The Board will also seek to protect young people who are on licensed premises from adults who may wish to exploit their vulnerability, including staff.

The Board encourages licence holders to take measures which will be put in place to protect children and young people from harm. The Operating Plan (see below) should also set out the terms under which children and young people are permitted access to the licensed premises.

Suggested measures may include:-

?                                     Appropriate measures to ensure children or young people do not purchase or consume alcohol on the premises (unless such consumption is permitted by a young person in terms of the restricted provisions of Section 105(5) of the Act);

?                                     Appropriate checks for staff who will be working in premises where children or young people are present;

?                                     Acceptance of accredited proof of age schemes;

?                                             Means to ensure that children and young people are not exposed to strong language, adult entertainment, violence or disorder; and

?                                             Appropriate training of staff members.

In addition, the Board recommends the following:-

(a) The part or parts of the licensed premises where children and young people are permitted should, if possible, be free of gaming and/or amusements with prizes machines;

(b) Gaming and amusements with prizes machines should not be located in walkway areas of the parts of the premises which children or young people will have access to;

(c) Where televisions or video machines are intended to be used in areas where children are permitted, the programmes or video films must be of a type suitable for family and childrens viewing;

(d) Toilets will require to be of a suitable type and standard for children;

(e) When meals are sold within licensed premises, a childrens menu shall be necessary. This would not be satisfied by the provision of lemonade and crisps, but would require to be of the plated food variety, in addition to any form of sandwiches etc, which may be available;

(f) Electrical sockets within the part or parts of the premises to which children have access should, when not in use, have plug caps thereon;

(g) Availability of high chairs and suitable drinking vessels for children; and

(h) Where open fires or electrical or gas fires or radiators are within part or parts of the premises to which children have access, it is expected that such fires and radiators etc will be securely guarded.

As a general rule, children and young people under the age of 18 will only be permitted into licensed premises which are considered to be restaurants or into other licensed premises where the primary purpose of allowing them access is to consume a meal or to attend a pre-booked and ticketed function. Children and young people will not be permitted in the licensed premises after 10pm (other than in exceptional circumstances, for example, a wedding or other pre-booked and ticketed function being held on a licensed premises where the presence of children and young people after 10pm can be justified). A condition to this effect may be imposed by the Board on the licences of all premises where children are permitted access.

For the avoidance of doubt the foregoing paragraph does not apply to premises where no on-sales take place and the sale of alcohol is for consumption off the premises only. However, the Board would expect licence holders to have in place sufficient measures to ensure that children or young people do not access part or parts of premises where alcohol is displayed. Applicants and premises licence-holders are also reminded of the requirement under Section 110 of the Act to display a prominent notice in respect of the prohibition of the sale of alcohol to persons under the age of 18.

Licensing Hours

Under the 1976 Act, the opening hours of licensed premises were fixed according to the type of licence involved. However, under the 2005 Act, the concept of permitted hours in terms of periods fixed by statute is discontinued. Instead, applicants for licences require to specify in their operating plan the hours during which they intend to be open. (Although off-sales premises are restricted to a maximum period of 10am until 10pm each day).

The Guidance reminds Licensing Boards that they must observe the requirement set out in Section 64 of the 2005 Act which provides a presumption against routine 24 hour opening of licensed premises, other than in limited exceptional circumstances. It is recommended that Licensing Boards should consider exceptional circumstances to cover only special events such as one-off local or national festivals. In considering applications for licensed hours, Boards may wish to consider applications for up to 14 hours as being reasonable but local circumstances and the views of the Local Licensing Forum should always be considered.

It should be borne in mind that premises which wish to open after 1am may be the subject of mandatory licence conditions and these are contained in The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007.

The Board had previously adopted a similar approach to its policy under the 1976 Act. That meant that premises whose principal purpose is the provision of entertainment, eg discotheques and nightclubs, would be permitted to open until 2.30am, as also would premises offering mainly restaurant facilities. All other licensed premises would be permitted to remain open until 12am. The Board was also prepared to allow on-sales from 11am on Sundays, instead of 12.30pm under the 1976 Act.

Following a consultation earlier this year (2013), the Board adopted a new approach with regard to opening hours. This was carried out as a joint exercise with the Licensing Committee as a result of a number of applications from liquor licensed and late hours catering licensed premises for opening hours outwith the then existing policies for such establishments. The policies had been in place for a number of years and it was considered that it was appropriate to review these policies. (Report No 489-2013 to the Licensing Board and Licensing Committee meetings on 19th September, 2013 refers to this in more detail).

As a result, the Board's new policy is as follows:-

?                                             Public house/bar premises (Category 1) to be allowed to open until 01:00 Friday and Saturday only;

?                                             Premises with substantial entertainment (which shall not be constituted merely by the provision of karaoke and/or recorded music) (Category 2) to be allowed to open until 02:00 Friday and Saturday only (with the minimum entry charge from 00:00);

?                                             Nightclubs and similar dedicated or purpose-built entertainment premises (Category 3) to be allowed to open until 03:00 Friday and Saturday only (with the minimum entry charge from 00:00).

(NB Licensing hours during other days of the week continue as under the previous policy).

14 generally

Of course, each application will be dealt with according to its individual merits. The Board will take into account all the statutory licensing objectives in assessing any application for a licence, including the hours of trading. Any applicants seeking to open outwith the terms of the policy outlined above will require to convince the Board that there are exceptional circumstances to justify this and that there would be no conflict with the licensing objectives. For example, the Board would generally favour allowing dedicated function suites within licensed premises to remain open until 1am. Private function means an exclusive invitation - only event such as a birthday, christening, etc and not an event to which any member of the public can simply turn up and attend on the night.

As noted on page 5 above, a premises licence holder may, under the 2005 Act, apply for an extension of the hours approved by the Board in the operating plan provided that this is in connection with a special event or occasion to be catered for on the premises, or an event of local or national significance. In addition to applications from individual licence holders, Section 67 of the 2005 Act will enable Licensing Boards to grant a general extension of licensed hours to enable premises to open for specified extended hours on particular specified occasions, eg local holidays, international sporting events, etc. The grant of such a general extension of hours can apply to the whole of the Board's area, to specified parts only, to all premises in the area or specified or particular types of premises. The Board will request observations from the Chief Constable and other interested parties in this regard.

With regard to the Board's previous policy of designating in advance those occasions which it will consider as entitling people to apply for an occasional extension of licensing hours under Section 68 of the 2005 Act this will continue and a list of such occasions will be made available each year on the Board's website.

However, any premises falling within Categories 1 or 2 of the Board's policy on opening hours will not generally be granted an extension under Section 68 for Fridays and Saturdays if they are already enjoying permanent extended hours for those nights of the week under that policy. An exception will be made for Category 3 premises which can apply to open until 03:30 Fridays/Saturdays in order to preserve the hours they enjoyed previously.

Minimum Entry Charge for Premises Providing Entertainment

Previously, the Board operated a policy whereby the undernoted condition was attached to Entertainment Licences for premises such as Discotheques, namely:-

"A minimum charge for entry to premises, applicable to persons of 18 years of age and over, must be charged. This charge shall be fixed by the Licensing Board at its meeting in June of each year for the year beginning 1st July and ending 30th June. This minimum charge must not be offset in any way. For the avoidance of doubt, off-setting the minimum charge includes, but is not limited to (a) the issue of complimentary tickets or vouchers; and (b) the advance purchase of tickets granting entry on more than one evening".

The Board has decided to maintain this condition and would intend attaching it to licensed premises whose primary function is the provision of entertainment and which seek to remain open after 12am. From 1st July, 2008, the minimum charge was increased from 2.50 to 3.50. The minimum charge was adopted a number of years ago in consultation with Tayside Police and the former licensing forum. The reason it was adopted was to discourage patrons from engaging in a "disco crawl" in the same way they might do with public houses. In terms of the 2005 Act, this serves to promote the Licensing objectives of the prevention of crime and disorder, the prevention of public nuisance, securing public safety, and the protection and improvement of public health.

Operating Plan

All applications for premises licences must be accompanied by an operating plan making clear how the premises are to be run, what activities will be undertaken thereon and at what time(s). An operating plan in relation to any premises is a document in the prescribed form containing:-

                              A description of the activities to be carried on in the premises;

                              A statement of the times during which it is proposed that alcohol be sold on the premises;

                              A statement as to whether alcohol is to be sold for consumption on the premises, off the premises or both;

                              A statement of the times at which other activities in addition to the sale of alcohol are to be carried out on the premises;

                              Where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are allowed entry, a statement of the terms on which they are to be allowed entry including, in particular, the ages of children or young persons concerned, the times at which they are to be allowed entry and the parts of the premises to which they are to be allowed entry;

                              Information as to the proposed capacity of the premises;

                              Prescribed information about the individual who is to be premises manager; and

                              Such other information in relation to the premises and to the activities to be carried thereon as may be prescribed.

As noted above, a premises manager must be specified in the operating plan. The Board will expect the premises manager to have day-to-day responsibility for running the premises and to be present at the premises on a regular basis when alcohol is being sold. Staff will require to be appropriately trained to the standards required by the 2005 Act. The Board will also expect applicants for premises licences to have arrangements in place for the management and supervision of the premises on those occasions when the premises manager is absent from the premises. Ideally, the Board would wish to see at least one personal licence holder on the premises at all times when alcohol is being sold. The Board appreciates that this may not be possible with smaller establishments.

However, and in any event, the Board will expect there to be within all licensed premises proper management arrangements in place which will ensure that there are responsible, trained persons on the premises sufficient to comply with the premises licence holder's statutory responsibilities and the terms and conditions of the licence.

Where applicants propose to provide outside seating, tables or other such facilities (excluding pavement cafes for which provision is made below), the area should be included on the plan of the premises to be licensed. Due consideration must be given to the need to ensure that the use of such areas will not cause disturbance or nuisance to the occupiers of other premises in the vicinity and effective management controls, supervision and other measures require to be put in place to ensure that the use of such areas does not have any detrimental impact in the vicinity.

Sale for Consumption Off the Premises and Occasional Licences

The Board is concerned to ensure that all possible steps are taken in this area to promote the licensing objectives. It will work towards the adoption of a policy concerning the layout of such premises and the responsible display of intoxicating liquor in premises, which are not exclusively or mainly used for the sale of alcohol. The Board will monitor developments in the area of test purchasing and will take appropriate action as part of its wider alcohol agenda. Consideration will be given to adopting a standard condition relating to proof of age, without which no sale will be made.

The Licensing (Mandatory Conditions No 2) (Scotland) Regulations 2007 contain a mandatory condition regarding the display of alcohol for consumption off the premises. This is to the effect that displays of alcohol for consumption off the premises must be confined to a single area of the premises to be agreed between the applicant for a premises licence and the Board. This will require to be shown in the layout plan accompanying the application. In accordance with the Ministerial Guidance, the Board would not be minded to approve any such layout plan including a number of alcohol display areas, or where empty aisle space is used to join up several displays which would not otherwise be regarded as a single separate display area. There will be no exceptions or special arrangements for seasonal or special displays for other events or occasions. Any wish to vary the area will require an application to the Board.

The Board proposes to continue with the practice of inviting applications for occasional licences in respect of pavement cafes. These would be considered for periods of 14 days at a time between March and October in each calendar year. In addition to the mandatory conditions contained in Schedule 4 to the 2005 Act, the Board would intend to impose some or all of the conditions shown at APPENDIX 1 to this statement of licensing policy, where it considers this to be necessary or expedient for the purposes of any of the licensing objectives.

With regard to occasional licences generally, the Board will expect applicants to ensure that they have sufficient management and other arrangements in place to comply with the licensing objectives, particularly where the application is from a voluntary organisation. The Board will consider the imposition of such additional conditions as it thinks are necessary under Section 60 of the 2005 Act, including the use of plastic containers, bottles and glasses. A standard list of "pool" conditions is attached at APPENDIX 2 to this policy statement.

Irresponsible Promotions and Price Variations

"Drinks promotion" means in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises. Promotions can occur in relation to both on and off sales. A drinks promotion which involves a variation in pricing will be affected by the requirements of Paragraph 7 of Schedule 3 to the 2005 Act ("Pricing of alcohol"). A drinks promotion is irresponsible if it falls within the descriptions listed in Paragraph 8(2) of Schedule 3 to the Act. Paragraphs 7 and 8(1), 8(2) and 8(3) are reproduced in full below.

An irresponsible drinks promotion must not be carried on in or in connection with any premises. Presently there is no definitive guidance as to what constitutes an "irresponsible drinks promotion". Examples of drinks promotions can however be considered individually against the legislative criteria to assess if the promotion is irresponsible in terms of the Act.

The following list is of promotions which have been or are occurring locally and appear to be potentially in breach of the legislation. The list is not definitive so not being on the list does not mean that a promotion is in compliance with the Act.

A. Irresponsible Drinks Promotions

1. All inclusive offers. For example, a party night promotion, where the purchase of a ticket or payment of an admission charge entitles the purchaser to access to a free bar. This promotion involves the supply of unlimited alcohol for a fixed charge and therefore Schedule 3 paragraph 8(2)(d) applies.

2. Watch the match and if your team wins get a free pint of beer. For example, a promotion that requires a customer to be in the premises at the beginning of a televised sports event and at the end of the contest dependent on the result the person may be given a free pint of beer. This promotion is offering alcohol to be consumed on the premises as a reward for being in the premises and therefore Schedule 3 paragraph 8(2)(h) applies.

3. Double up. For example, a premises offers customers the chance to double up by offering a double measure for an extra 50p (in addition to the price for a single measure). This promotion offers an extra measure of a alcohol at a reduced price on the purchase of a measure of alcohol and therefore Schedule 3, paragraph 8(2)(c) applies.

4. Student nights. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that the first drink is free. The free drink is offered as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.

5. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be given to the customer on entry. The vouchers can be handed over the bar in exchange for a drink. This constitutes giving alcohol as a reward for entering the premises therefore Schedule 3 paragraph 8(2)(h) applies.

6. Drinks as prizes/rewards. For example, a quiz night or competition where alcohol is offered for consumption on the premises as a prize for winning or a reward for taking part. Schedule 3 paragraph 8(2)(h) applies.

7. Reward card. For example, on application by a customer a points card is issued by a premises. Every time a purchase is made by the card holder in the premises the card is credited with points. The points are given a cash value and can be claimed against the price of alcoholic drinks. This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.

8. Free bottle of wine. For example, a restaurant offers a set meal for two with a free bottle of wine for 50 (excluding Saturdays). This constitutes giving alcohol as a reward for frequenting the premises therefore Schedule 3 paragraph 8(2)(h) applies.

9. Bulk buys. For example, a supermarket offers a reduction in the relative cost of purchasing a particular beer if the customer buys a multi pack. This constitutes encouraging or seeking to encourage, a person to buy a larger measure than the person had otherwise intended and therefore Schedule 3 paragraph 8(2)(e) applies.

Note - measure is not defined in the Act.

B. Pricing of Alcohol

1. Out of code discount. For example, offering cans of beer with a best before date that has expired while selling cans of the same brand that are within date code at a different price. This would constitute a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

2. Discount vouchers. For example, a promotion where vouchers or tokens which are sold or given to potential customers where by they are entitled to a reduction in the price of certain drinks while other customers still require to pay the full price. This constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

3. Student nights. For example, a night club advertises/distributes flyers giving details of the venue and entry fee and stating that on a Friday or Saturday night, drinks are 1 all night*. The asterisk gives the qualification for the promotion which is * with student card. The price of drinks is varied for students but not other customers therefore this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

4. Drinks vouchers. For example, a night club advertises/distributes flyers giving details of the venue, entry fee and stating that five 1 drink vouchers will be giving to the customer on entry. If the voucher merely entitles the customer to a discounted drink ie the customer uses a voucher and is only charged a 1 then unless that drink is that price for all customers then this constitutes a variation in pricing and would not comply with the requirements of Schedule 3 paragraph 7.

5. Cheaper drinks throughout the week. For example, a pub has a drinks promotion where the cost of all drinks is reduced from 12.30pm on a Sunday until Friday at 8pm. Drinks are increased to "full" price from 8pm on a Friday until closing time on Saturday night. This constitutes a further variation in drinks pricing. A variation in pricing cannot occur except at the beginning of a licensing period so drinks cannot change price at 8pm if the pub is open prior to this time selling alcohol and the variation must last a minimum of 72 hours so the variation whereby the prices increase on the Friday and Saturday does not provide the minimum 72 hours time period. This variation in pricing would not comply with the requirements of Schedule 3 paragraph 7.

* Pricing of alcohol

7 Where the price at which any alcohol sold on the premises is varied

(a) the variation (referred to in this paragraph as the earlier price variation) may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours

beginning with the coming into effect of the earlier price variation.

Irresponsible drinks promotions

8 (1) An irresponsible drinks promotion must not be carried on in or in connection with the premises.

(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it

(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,

(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),

(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,

(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,

(f) is based on the strength of any alcohol,

(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or

(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.

(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.

Children on Licensed Premises

The Board will, in furtherance of the licensing objective of protecting children from harm, seek advice from and have regard to the views of the Dundee Children's Protection Committee.

The Board wishes to see family friendly premises thriving in the city. It will welcome applications from those who wish to operate licensed premises which accommodate children. In determining any such application, the risk of harm to children will be a paramount consideration for the Board.

Where applicants wish to operate such premises, the Board expects them to appreciate that this places additional responsibilities upon them, at the same time recognising that parents and other adults accompanying children also have responsibilities.

Applicants will be expected to demonstrate in their operating plan that suitable and sufficient measures have been identified and will be implemented and maintained to protect children from harm, relevant to the individual style and characteristics of their premises and the licensable activities for which a licence is being sought.

The following examples of control measures are given to assist applicants who may adopt them in any combination. They are considered to be among the most essential that applicants should take account of in their operating plan, having regard to their particular type of premises or activities:-

?                                             effective and responsible premises management;

?                                             appropriate instruction, training and supervision of those employed to secure the protection of children from harm;

?                                             adoption of best practice guidance;

?                                             limitations on the hours when children may be present, in all or parts of the premises;

?                                             limitations or exclusions by age when certain activities are taking place;

?                                             imposition of requirements for children to be accompanied by an adult;

?                                             acceptance of accredited proof of age cards with photographs, or passports;

?                                             measures to ensure children do not purchase, acquire or consume alcohol;

?                                             measures to ensure children are not exposed to incidences of violence or disorder.

In preparing and presenting the operating plan, applicants should be aware that the Board expects premises to be run in a way compliant with, and promoting, the licensing objectives and will expect the operating plan to meet these objectives. Although guidance may be sought from the Clerk to the Board and Licensing Standards Officers, it is for the applicant to ensure that the operating plan is in the correct form and covers all aspects of the operation of the premises as outlined above.

The Board is aware that a number of licensed premises in the vicinity of the two major football grounds at Dens Park and Tannadice wish to permit the presence of children and young persons before and after football matches. The Board would be prepared to agree to the inclusion of this in operating plans provided the children and young persons are accompanied by a responsible adult, the hours of such admission are restricted to two hours before kick-off and one hour after the conclusion of the games, subject to a maximum terminal hour of 8pm, and the proposed terms of admission of such children and young persons are not inconsistent with any other provision of this Statement of Licensing Policy.

Best Bar None

Since 2005, the Licensing Board has supported the "Best Bar None" (BBN) Scheme in Dundee. The BBN award is granted to premises which demonstrate a commitment to social responsibility and the safety of people using them. The award, which aims to cut down on alcohol-related crime and irresponsible drinking, encourages premises to be safer, more sociable environments and allows customers to relax and enjoy their evening. Premises gaining the award are able to display a plaque to show the public that they have reached the required standard, thus giving customers more informed choices when deciding where to visit, and supporting premises who seek to trade at a higher standard.

It is important that the Board's policy reflects support for the scheme and that this be included in this Statement. For the avoidance of doubt, however, the Board does not require licence holders to participate in the scheme, but it does commend such participation as good practice.

Bottle Marking Scheme

The Board has invited the holders of all premises licences with off-sales facilities only to participate in a Bottle Marking Scheme promoted in conjunction with the Dundee Co-ordinated Anti-Crime Network (DUNCAN) and with the assistance of Police Scotland. Participation in the scheme is on a voluntary basis, although this may be reviewed in the future. The scheme involves the marking of specific types of alcoholic products with a UV code peculiar to the premises. These markings can then be read by Police and Community Wardens and Licensing Standards Officers, who are issued with UV key fobs for this purpose. It is intended that this will be of assistance in identifying the source of alcohol.

Procedure for Dealing with Applications for Licences, etc

The various types of applications and matters which the Board will require to deal with have been set out in Part 2 of this document. However, the Act recognises that not every application should require to be the subject of a Hearing before the Board and allows a considerable amount of delegation to the Clerk, should the Board so decide.

Those applications which require to be submitted to the Board for a Hearing are as follows:-

?                                             application for new premises licences;

?                                             application for variation of premises licence where the variation sought is not a minor variation;

?                                             application for transfer of premises licence where the applicant has been convicted of a relevant or foreign offence;

?                                             application for a personal licence (new application or renewal) where the applicant has been convicted of a relevant or foreign offence;

?                                             a Hearing on an application for review of a premises or personal licence;

?                                             making a closure order; and

?                                             refusing an application for confirmation of a provisional premises licence.

All other matters can potentially be delegated and these include:-

?                                             applications for transfer of a premises licence where the applicant has not been convicted of a relevant or foreign offence;

?                                             applications for variation of a premises licence where the variation is a minor variation;

?                                             applications for personal licences (new and renewal) where the applicant has not been convicted of a relevant or foreign offence;

?                                             applications for occasional licences where there is no notice of objection or representation or no notice from the Chief Constable recommending refusal;

?                                             grant of occasional extensions of hours for a special event of local or national significance; and

?                                             grant of extended hours applications where neither the Chief Constable nor the Licensing Standards Officers have submitted an objection.

Only those matters where there is a statutory requirement for a hearing will be dealt with at a meeting of the Board and all other matters are delegated to the Convener in consultation with the Clerk in terms of Paragraph 10(1) and (2) of Schedule I to the 2005 Act.

The procedure at any hearing before the Board will be to hear first from the objector or person making a representation or making a complaint to the Board. At that point the Board may ask questions of that person. The licence holder/applicant and/or their agent would then have the opportunity to respond and answer any questions that might be asked by members of the Board. After any further discussion, there would then be final submissions by all parties present, whereupon the Board would then consider its decision. It would not normally be the practice of the Board to hear evidence from witnesses. In the event that the procedure at hearings is made the subject of regulations or further guidance from Scottish Ministers, this policy statement would be superseded to that extent.

The Board acknowledges the mandatory conditions laid down in Schedules 3 and 4 to the 2005 Act and is aware that other conditions are to be included in various regulations under the Act. Appropriate use will be made of all such conditions and, in addition, where relevant representations are made, the Board will consider whether any other conditions need to be attached to a licence to secure achievement of the licensing objectives.

Please note that no applications will be processed in respect of occasional licences or occasional extensions of licensed hours less than 28 and 14 days respectively before the event(s) to which the application relates, unless there are exceptional circumstances as to why the application was not submitted timeously.

Licences Ceasing to have Effect

Section 28(1)(b) states that a premises licence ceases to have effect on the occurrence of any of the events set out in Section 28(5). Section 28(5) sets out a list of the circumstances in which a licence ceases to have effect. Two of these circumstances are the revocation or surrender of a licence. If a licence is revoked or surrendered, it is difficult to see how it can be said that the licence remains in existence and can in some way be revived at a later date. Section 28(1)(b) simply refers to a licence ceasing to have effect in relation to all of the defined circumstances in Section 28(5). No distinction is drawn between what ceasing to have effect means when a licence is revoked as opposed to, say, when a licence holder is dissolved. The Board's view, therefore, is that "ceasing to have effect" means the same as regards all of the circumstances set out in Section 28(5).

As stated above, when a licence is revoked or surrendered it is plain that it does not remain in existence and cannot be revived at a future date. Thus, the same must apply to the other sets of circumstances specified in Section 28(5) and, accordingly, where a licence ceases to have effect as a result of Section 28(5) it no longer exists.

Furthermore, the 28 day window under Section 28(2) for applying for a transfer of a premises licence demonstrates, that in certain circumstances there is the opportunity to keep the licence alive but if that opportunity is not taken then the licence will cease to have effect and will no longer exist.

Relationship with other Strategies and Regimes

The Board will endeavour to secure proper integration with local crime prevention, community safety, health, planning, transport, tourism, equality and cultural strategies.

There are a number of wider issues which may need to be given due consideration when dealing with applications. The Board will receive, when appropriate, reports on the needs of the local tourism authority to make sure that these are reflected in the Board's consideration. Also, the Board recognises that licensing applications should not be seen as a re-run of the planning process and there will be a clear separation of the planning and licensing regimes to avoid duplication and inefficiency. However, there will continue to be proper liaison and communication between these two regimes. The Board will, so far as possible, avoid duplication with other regulatory regimes such as health and safety at work and fire safety. The Board will liaise with the Dundee Drug and Alcohol Action Team (DAAT), which is represented on the Local Licensing Forum.

The Board will also have regard to any strategy of the Scottish Government designed to address the social, health and crime and disorder issues raised by the misuse of alcohol.

All premises for which a licence is being sought will be expected to comply with the building standards requirements in force at the time of their construction, or at the time of any alteration. This is particularly relevant in respect of the licensing objectives relating to public health and public safety. Where construction work is proposed or completed, the applicant should be able to produce appropriate certificates issued by the local authority.

Other statutory requirements may apply to the provision of any activities at premises and the responsibility for compliance lies with the licence holder. For example, if the activity involves the preparation and/or sale of food then it is the responsibility of the applicant to ensure that all appropriate food safety legal requirements are met. It is not a requirement of any licence decision to address these matters but a responsible licence holder will conform to all relevant legislation.

The Board will at all times have due regard to the terms of the Sex Discrimination Act 1975 (as amended), the Race Relations Act 1976 (as amended) and the Disability Discrimination Act 1995 (as amended). In addition, the Board has already issued gender, race and disability equality schemes which are available on the Dundee City Council website www.dundeecity.gov.uk. This will also take account of the Equality Act 2010.

Enforcement

Dundee City Council, as the appropriate local authority, employs Licensing Standards Officers (LSO's) in accordance with the terms of the 2005 Act. LSO's seek to ensure compliance with licensing conditions and the licensing objectives and provide information and guidance to applicants and licence-holders. At the time of publication of this document, two LSO's have been appointed and their contact details are:-

1. Simon Goulding (01382) 436222

E-mail: simon.goulding@dundeecity.gov.uk

2. Graeme Petrie (01382) 436216

E-mail: graeme.petrie@dundeecity.gov.uk

APPENDIX 1

PAVEMENT CAFE CONDITIONS

ISSUED BY

DUNDEE CITY LICENSING BOARD

1. To avoid causing a public nuisance the pavement cafe shall cease at 9pm each evening. However, between 28th June and 11th August, 2013, the pavement cafe will be granted to operate until 10pm.

2. All tables, chairs and cordon material must be removed at that closure of the pavement cafe and stored in a manner so not as to impeded any entrances or exists of the licensed premises.

3. The area that has been approved by the Licensing Board to operate as a pavement cafe shall be cordoned off using material deemed by the Licensing Board to be suitable for the purpose. This is to ensure that all patrons know the boundaries of the area where alcohol is allowed to be consumed.

4. The Premises Licence Holder or Designated Premises Manager shall ensure that a suitable portable cigarette receptacle is situated within the pavement cafe area (eg either a portable bin with cigarette stubbing out facility or ashtrays).

5. The Premises Licence Holder or Designated Premises Manager shall ensure that staff:-

(a) promptly collect all empty/unused drinking glasses and bottles from the pavement cafe area;

(b) regularly supervise the pavement cafe and its patrons (this can be done whilst regularly collecting drinking glasses);

(c) regularly clear all litter associated with the pavement cafe during the operating hours and, at the end of licensing period, clear all litter (this includes cigarette ends).

6. A notice must be placed in a suitable area of the pavement cafe informing all patrons using the facility that alcohol shall only be consumed in that area and whilst being seated.

7. All pavement cafe furniture including the cordon must be a minimum of two metres away from the kerbside to allow the unrestricted movement of members of the public.

8. Furniture used for a pavement cafe must be in a serviceable condition and be of a standard acceptable to the Licensing Board. Under not circumstances shall bar room furniture be placed into the pavement cafe area. Acceptable material for pavement cafe furniture is detailed below:-

CRITERIA FOR CONSIDERATION OF AN APPLICATION

1. If the Pavement Cafe is operational on more than 28 days in a 12 month period, planning permission may be required. For information contact Ms Lesley Campbell (Tel: 433019).

2. Tables and chairs must be stored in such a manner so as not to impede any entrances to or exists from the building.

3. All furniture eg tables and chairs must be a minimum of two metres away from the kerbside.

4. The area of the Pavement Cafe must be cordoned off using suitable materials.

APPENDIX 2

ADDITIONAL OCCASIONAL LICENCE CONDITIONS WHICH MAY BE IMPOSED

BY THE LICENSING BOARD

TRAINING OF STAFF

1. No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph.

1a. That is the capacity (whether paid or unpaid) which involves a person -

(i) making sales of alcohol, or

(ii) where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person.

1b. At any time when a person (other than a person that holds a personal licence) is working in the premises in a capacity mentioned in paragraph 2, there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No 2) (Scotland) Regulations 2007.

1c. A record kept on the premises under sub-paragraph (2a) must be produced to a Licensing Standards Officer on request.

2. Control of Musical Noise

All amplified music and vocals shall be so controlled as to be inaudible within the nearest residential accommodation.

3. Litter

All litter, including cigarette ends, which have been discarded outside the adjacent to any entrance/exit doors of the premises must be cleared from the road and pavement and disposed of correctly at the end of each evening when an event has taken place.

4. Occasional Licence

The applicant must ensure that the occasional licence is held at the venue.