Dundee City Licensing Board - 24/06/2014

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 24th June, 2014.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 24th April, 2014 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board agreed to grant the above application.

(b) VARIATION (MAJOR)

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to allow access to children and young persons aged 14-17 years.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to amend existing musical entertainment and replace with the following:-

Automated Music Playback System, DJ and Disco, Live Bands, Karaoke and TV all during core hours.

Remove local condition 3 as the premises no longer operate as a social club in terms of Section 125 of the Licensing (Scotland) Act 2005, allow televised sport during and outwith core hours (for the avoidance of doubt alcohol will not be sold or consumed outwith core hours), remove gaming outwith core hours, premises operate as a private members bowling club to be used by members and guests alike and the premises will no longer operate as a social club under section 125 of the Licensing (Scotland) Act 2005 but will operate by way of a commercial club with a private membership and therefore will have installed a premises manger as required under legislation.

The Board, having heard from the applicant on their own behalf, a representative from Building Control and the Boards Legal Adviser agreed to defer the above application.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to amend access to children and young persons, the times children and young persons are allowed entry, opening times on Sunday for the sale of alcohol, terminal hour Monday-Sunday, on/off sales to include both on and off sales, amend activities: bar meals/receptions/club or group meetings/recorded music/outdoor drinks facilities and amend capacity.

The Board agreed subject to building warrants being obtained to a variation to increase the off sales capacity from 28.08 m2 to 34.47m2 and to allow recorded music during and outwith core hours.

The Board, having heard from the applicant on their own behalf, and the Chief Fire Officer's representative agreed to grant a variation for on sales from 7.00 pm until 3.00 am, Saturdays and Sundays to be reviewed in September, 2014.

The Board agreed to grant a variation to allow access to children and young persons for the duration of private functions and to allow films, televised sport and conference facilities during core hours.

The Board agreed to grant a variation for on sales until 1.00 am on Fridays and Saturdays and on and off sales from 11.00 am on Sundays.

The Board agreed to grant a variation to allow on sales until 1.00 am on Fridays and Saturdays, to remove bar meals and include quiz nights and spiritualist meetings in the Operating Plan.

The Board agreed to grant a variation to allow on sales until 1.00 am on Fridays and Saturdays.

(c) VARIATION (MAJOR) ON TRANSFER

The Board having heard from the applicant on their own behalf, the Chief Fire Officer's representative and a representative from Building Control agreed to grant a variation to add DJ/Disco during core hours to local condition 1, amend terminal hour Friday and Saturday from 12 midnight to 1 am as per Board Policy, change the name of the premises from Number Ones to Decades, and change the description of the premises as follows:

The premises is located on the ground floor of a commercial tenement property and encompasses separate bar areas which are incorporated under one licence. Decades operates as a retro type bar with kitchen facilities. The Balcony Bar has a separate entrance and is located over two floors with the bar being located on the ground floor.

II GAMBLING ACT 2005

(a) CLUB GAMING MACHINE PERMIT - NEW

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

The Board having heard from the applicant on their own behalf agreed to grant an application for Club Machine Permit.

(b) TRANSFER OF LICENCE

The Board agreed to grant an application for transfer of existing licence.

III PROBLEM GAMBLING

There was submitted Report No 52-2014 by the Chief Executive which was approved at a meeting of the Councils Policy and Resources Committee on 10th March 2014.

The Board agreed to support the recommendations outlined in the report.

IV PREMISES LICENCES

(a) MAJOR VARIATIONS - UPDATES

(i) Mercantile, 100 Commercial Street

The Board having heard from an agent on behalf of the licence holder agreed to defer the matter to the October meeting of this Board.

(ii) The Barrels, 43-45 Strathmartine Road

The Board having heard from the licence holder on their own behalf, Chief Fire Officer's representative and from Building Control agreed to defer the matter to the August meeting of this Board.

(iii) No 25 Tay Square

The Board having heard from an agent on behalf of the licence holder, the Chief Constable's representative, the Head of Environmental Protection's representative and the Board's legal adviser, agreed to defer the matter to the October meeting of this Board.

(iv) The Social, 10 South Tay Street

The Board having heard from an agent on behalf of the licence holder, the Chief Constable's representative, the Head of Environmental Protection's representative and the Board's legal adviser, agreed to defer the matter to the October meeting of this Board.

(b) NEW APPLICATION - UPDATE

(i) Redd Suite, 3 Session Street

The Board having heard from the licence holder on their own behalf and the Chief Constable's representative agreed to take no further action.

V APPLICATIONS FOR PAVEMENT CAFES

(a) BRUACH, 326/328 BROOK STREET, BROUGHTY FERRY

The Board having heard from the applicant on their own behalf, the Convener moved to refuse the application, as an amendment Councillor Cruickshank moved to grant the application.

On a division, there voted for the motion - the Convener and Councillors Hunter and Brennan (3); and for the amendment - Depute Lord Provost Roberts and Councillors Murray, Cordell and Cruickshank (4) - whereupon the amendment was declared carried approving the above application.

(b) SHIP INN, 121 FISHER STREET, BROUGHTY FERRY

The Board noted that the above application had been withdrawn.

(c) JOLLY JUDGE, 15 WARD ROAD

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

VI REVIEW OF PREMISES LICENCES AND PERSONAL LICENCE

(i) SPICE RESTAURANT, 140 PERTH ROAD AND MOHAMMED SALEEEM SHAKIRI

Councillor Brennan declared a non-financial interest by virtue of having personal knowledge of the licence holder, left the Chamber and took no part in the debate.

The Board, having heard from the Chief Constable's representative and the licence holder on their own behalf, agreed to defer the hearing to the August meeting of this Board.

VII REVIEW OF PREMISES LICENCES

(i) PARK BAR, 1/5 ALBERT STREET

The Board, having heard from the Head of Environmental Protection's representatives and an agent on behalf of the licence holder, agreed to take no further action.

(ii) GLENLIVIT BAR, STRATHMARTINE ROAD

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

(iii) DE JA VU, 25 COWGATE

The Board, having heard from an agent on behalf of the licence holder and the Chief Constable's representative, agreed to take no further action.

David BOWES, Convener.