Dundee City Licensing Board - 20/02/2014

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 20th February, 2014.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 16th January, 2014 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the above application, with variation to core hours to 2.00 am on Fridays and Saturdays, subject to imposition of the minimum entry charge.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the application, restricted to the policy hours for the outside area.

Reference was made to Article I(a)(ii) of the minute of meeting of this Board of 13th June, 2013, wherein the Board refused the application and agreed to a request for a Statement of Reasons. The application had been remitted back to the Licensing Board by the Sheriff.

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

(b) VARIATIONS (MAJOR)

The Convener, Depute Lord Provost Roberts and Councillors Murray, Cordell, Hunter, Gordon and Brennan declared a non-financial interest by virtue of knowing the applicant.

The Board agreed to grant a variation to increase off-sales capacity from 9.2m2 to 19m2.

The Board, having heard from the applicant and the Boards Legal Adviser, agreed to grant a variation to change the terminal hours to 1.00 am on Mondays, Tuesdays and Sundays, to amend group meetings to outwith core hours, to amend dance facilities and televised sport outwith core hours and to remove bar meals from the operating plan.

The Board, having heard from an Officer from the Environment Department, the applicant on their own behalf, and the Boards Legal Adviser, agreed to grant a variation to core hours to 1.00 am Fridays and Saturdays and to allow access to children and young persons from opening, with live music ceasing at midnight.

The Board agreed to grant a variation to core hours to 1.00 am Fridays and Saturdays, with live music ceasing at midnight.

II GAMBLING ACT 2005

(a) LICENSED PREMISES GAMING MACHINES - NEW

The Board, having heard from the applicant on their own behalf, agreed to grant the application for three Category C Gaming Machines.

III APPLICATION FOR OCCASIONAL LICENCES

 

The Board, having heard from an Officer from the Environment Department, the applicant on their own behalf and the Boards Legal Adviser, agreed to grant the application, subject to all amplified music and vocals being so controlled as to be inaudible within the nearest residential accommodation.

 

 

The Board, having heard from an objector, an agent on behalf of the applicant, an Officer from the Environment Department and the Boards Legal Adviser, agreed to grant an Occasional Licence for the period 26th February, 2014 to 12th March, 2014, subject to all necessary inspections having been undertaken. Further requests for Occasional Licences to be dealt with by the Convener under delegated powers.

 

IV APPLICATION FOR TRANSFER

 

(i) 275 BROOK STREET, BROUGHTY FERRY (SEVEN DAY NEWS)

 

The Board noted that the above application had been withdrawn.

 

V REVIEW HEARINGS

 

(i) SEVEN DAY NEWS, 275 BROOK STREET, BROUGHTY FERRY

 

Reference was made to Article IV(a)(iii) of the minute of meeting of this Board on 19th December, 2013, wherein the Board agreed to defer the hearing.

 

The Board agreed to defer the above hearing.

 

(ii) NON-ZEROS, 22 CASTLE STREET

 

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

 

The Board, having heard from the Head of Environmental Protections representative, an objector, the licence holder on their own behalf and the Boards Legal Adviser, agreed to take no further action, but requested an update in twelve months' time.

 

(iii) PARK BAR, 1/5 ALBERT STREET AND DALE HANDY

 

The Board agreed to defer the above hearing.

 

(iv) PERSONAL LICENCE REVIEW MICHAEL A PORTSMITH

 

The Board, having heard from the Chief Constables representative, the licence holder on their own behalf and the Boards Legal Adviser, agreed to endorse the licence.

 

VI REQUEST FOR REVIEW HEARINGS

 

(a) PREMISES LICENCE

 

The Board agreed to hold review hearings in respect of:-

 

- Deja vu Nightclub, 25 Cowgate, Dundee

- Cafe Buorigiorno, 11 Bank Street, Dundee

- Downfield FC Social Club, Balgowan Avenue, Dundee

- Lifestyle Grocers, 111 Whitfield Drive, Dundee

- Mos Convenience Store, 293 Hilltown, Dundee

- Slavyanski, 263 Blackness Road, Dundee

 

(b) BETTING OFFICE LICENCE

 

The Board agreed to hold a review hearing in respect of Barrett Bookmakers, 188A Strathmartine Road, Dundee.

 

VII OVERPROVISION ASSESSMENT UNDER LICENSING (SCOTLAND) ACT 2005

 

On a reference to Article IV of the minute of meeting of this Board of 16th January, 2014, there was submitted Report No 71-2014 by the Clerk advising the Board of options to enable it to assess to what extent there may be an overprovision of licensed premises within its area under Section 7 of the Licensing (Scotland) Act 2005.

 

The Board agreed that, in principle, there was evidence of overprovision of licensed premises and remitted to the Clerk to carry out a consultation exercise under Section VII of the Licensing (Scotland) Act 2005 to determine which specific localities should be covered by any overprovision policy.

 

 

 

 

David BOWES, Convener.