Dundee City Licensing Board - 21/08/2014

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 21st August, 2014.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

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

I OVERPROVISION ASSESSMENT UNDER LICENSING (SCOTLAND) ACT 2005 - RESULTS OF CONSULTATION

Councillor Hunter declared a non-financial interest by virtue of being a member of Ardler Village Trust (Consultee).

On a reference to Article VII of the minute of meeting of this Board of 20th February, 2014, there was submitted Report No 317-2014 by the Clerk advising the Board of the outcome of the public consultation on options to enable it to assess to what extent there was an overprovision of licensed premises within its area.

The Board gave consideration to the report and heard from the Board's Legal Adviser. The Convener moved that the Board adopt an overprovision policy for the whole city excluding the city centre. As an amendment, Councillor Brennan moved that the Board adopt an overprovision policy for the whole city with the exception of the Waterfront area.

On a division, there voted for the motion - the Convener, Councillors Murray and Hunter (3); and for the amendment - Depute Lord Provost Roberts, Councillors Cordell, Gordon, Cruickshank and Brennan (5) - whereupon the amendment was declared carried.

Thereafter, the Board remitted to the Clerk to publish the overprovision policy to take effect from the meeting of this Board on 9th October, 2014.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to defer the above application to the meeting of this Board on 9th October, 2014.

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to defer the above application to the meeting of this Board on 9th October, 2014.

The Board, having heard from the Board's Legal Adviser, agreed to defer the above application to the meeting of this Board on 9th October, 2014.

(b) VARIATIONS (MAJOR)

The Board, having heard from the applicant on their own behalf, agreed, subject to the applicant obtaining Building Warrant approval, imposition of the minimum entry charge provision and review after six months, to grant a variation to replace Local Condition No 1 with the following musical entertainment - background music and TV from opening until 12 midnight Monday to Sunday, karaoke, DJ/disco and live performances from 11am to 12 midnight Monday to Sunday and DJ/disco and live performances from 12 midnight to 2am Friday and Saturday. To amend terminal hours on Friday and Saturday nights from 1am to 2am, to amend opening time on Sunday from 12.30pm to 11am, to amend off sales opening time on Sunday from 12.30 pm to 11 am, to permit bar meals prior to on‑consumption, to permit receptions, club or other group meetings prior to on-consumption, to permit recorded music prior to on-consumption for persons partaking in breakfast or early lunch, to permit indoor sports prior to on-consumption for persons who may wish to play pool or darts whilst having breakfast, early lunch, to add private functions to 5(f) and to amend children and young person access to private functions.

The Board agreed to defer the above application to the meeting of this Board on 9th October, 2014.

The Board agreed to defer the above application until the meeting of this Board on 9th October, 2014.

The Board, having taken into account an objection, comments from Building Standards, hearing from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to an increase in the capacity of the premises by 72 by changing the layout to add a function suite and to allow children and young persons access to the function suite.

The Board, having heard from a representative on behalf of the applicant and the Board's Legal Adviser, agreed to defer the above application until the meeting of this Board on 9th October, 2014.

The Board agreed to grant a variation to allow non-resident children and young persons access to the premises until 10pm.

The Board, having heard from the Board's Legal Adviser, agreed to defer the above application until the meeting of this Board on 9th October, 2014.

The Board agreed to grant a variation to allow on-sales until 1am on Fridays and Saturdays.

The Board agreed to defer the above application until the meeting of this Board on 9th October, 2014.

The Board, having heard from the applicant on their own behalf and the Board's Legal Adviser, agreed to defer the above application until the meeting of this Board on 9th October, 2014.

(c) VARIATION (MAJOR) ON TRANSFER

The Board agreed to grant a variation to amend the terminal hour for on consumption from 12 midnight to 1am Friday and Saturday, bar meals to be permitted outwith core hours, receptions and club/group meetings outwith core hours, recorded music to be played outwith core hours (prior to on‑consumption), to remove dominoes from 5(f), to amend access to children and young persons and to change of name to "The Tinsmith".

III REVIEW OF PREMISES LICENCES AND PERSONAL LICENCES

(i) SPICE RESTAURANT, 140 PERTH ROAD AND MOHAMMED SALEEM SHIKARI

The Board agreed to defer both hearings until the meeting of this Board on 9th October, 2014.

(ii) SEVEN DAY NEWS, 275 BROOK STREET, BROUGHTY FERRY AND MOHAMMED ZEESHAN ABDUL HAMEED

The Board, having heard the Chief Constable's representative, agreed to take no further action in respect of the premises licence and to defer the hearing in respect of the personal licence until the meeting of this Board on 9th October, 2014.

David BOWES, Convener.