Licensing Committee - 26/08/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 26th August, 2014.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

Stewart HUNTER

Lesley BRENNAN

David BOWES

Laurie BIDWELL

Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 28th July, 2014 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) LATE HOURS CATERING LICENCE - RENEWALS

 

Reference was made to Article II and Article III(b) of the minutes of meetings of this Committee held on 19th September, 2013 and 3rd October, 2013 respectively, wherein it was agreed that the Committees policy on trading hours for late hours catering premises would be as follows:-

 

(i)

Premises in the City Centre

Opening Hours - 11pm to 3.30am Mondays to Sundays

 

(ii)

Premises outwith City Centre

Opening Hours - 11pm to 12 midnight Sundays to Thursdays and 11pm to 1am Fridays and Saturdays

 

The Committee gave further consideration to the policy. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed the following amendments to the policy:-

 

(i) to exempt supermarkets/superstores, petrol stations and drive-through premises from the policy;

 

(ii) to allow premises outwith the City Centre currently licensed to operate outwith policy hours to retain current hours until any change of ownership; and

 

(iii) to extend hours of opening of premises outwith the City Centre for up to 30 minutes after closing of the latest opening liquor licensed premises in the locality.

 

The Committee further agreed to review the policy in 12 months' time.

 

There were submitted the undernoted applications:-

 

No

Name

Address of Premises

Opening Hours

 

1

Muhammad Amin

Shahi Tandoori

31 Albert Street

 

11pm to 2am Mondays to Sundays

 

2

Asda Stores Ltd

Asda

Milton of Craigie

 

11pm to 5am Mondays to Sundays

 

 

3

Asda Stores Ltd

Asda

Kingsway East

 

11pm to 5am Mondays to Sundays

4

Nasreen Baswa

Curryummy

28 Strathmartine Road

11pm to 12.30am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays

 

5

BP Express Shopping Ltd

BP Kingsway West Filling Station, Kingsway West

 

11pm to 5am Mondays to Sundays

6

Cao Xiaoming

Dragon's Pearl

30 Constitution Street

11pm to 1.30am Sundays to Thursdays and 11pm to 2.30am Fridays and Saturdays

 

7

Teyfik Cetinkaya

Khans

273 Brook Street

From 1st June to 30th November and 3rd January to 31st May 11pm to 1am Mondays to Thursdays and 11pm to 2.30am Fridays and Saturdays. From 1st December to 2nd January 11pm to 2am Mondays to Thursdays and 11pm to 2.30am Fridays and Saturdays

 

8

Patricia Chan

Fine Palate

204-206 Perth Road

 

11pm to 1am Mondays to Sundays

9

Hong Quin Weng

China China

271 Clepington Road

 

11pm to 1am Wednesdays to Mondays

10

Nashiat Choudry

Shaheen

167 Perth Road

From 11pm to 1am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays

 

11

Alan Clark

Clark's Bakery

Annfield Road

 

11pm to 5am Mondays to Sundays

12

David Jeffrey

McDonalds Drive Thru

Milton of Craigie Road North

 

11pm to 5am Mondays to Sundays

13

Joup Ltd

Domino Pizza

Unit 1, City Quay

 

11pm to 5am Mondays to Sundays

14

McDonald Restaurants

McDonalds

Kingsway Retail Park

 

11pm to 5am Mondays to Sundays

15

MPGH1 Ltd

Marco Polo Grill House

3 Hawkhill

 

11pm to 5am Mondays to Sundays

16

Ka Wong

Sampan

258 Clepington Road

 

11pm to 2am Wednesdays to Mondays

17

P Smith Fabian Sebastian Nonis

Forfar Road Filling Station

Forfar Road

 

11pm to 5am Mondays to Sundays

 

18

Mohammed H Reza

Hannahs

297 Brook Street

 

11pm to 1am Mondays to Sundays

19

Yuk Ying Shak

Po Wah

3 Mauchline Avenue

 

11pm to 1am Mondays to Sundays

20

Shell UK Oil Products Ltd

Caird Park Filling Station

61 Forfar Road

 

11pm to 5am Mondays to Sundays

21

Tesco Stores Ltd

Tesco

Riverside Drive

 

11pm to 5am Mondays to Sundays

22

Tesco Stores Ltd

Tesco Extra

South Road

 

11pm to 5am Mondays to Sundays

23

Tesco Stores Ltd

Tesco Petrol Filling Station

Kingsway West

 

11pm to 5am Mondays to Sundays

24

Tesco Stores Ltd

Tesco Extra

Kingsway West

 

11pm to 5am Mondays to Sundays

25

Sundas Kamran

Gangee

164 Strathmartine Road

 

11pm to 1am Mondays to Sundays

26

Kwok Tan Wong

New 3 Star

29b Strathmartine Road

11pm to 1am Sundays to Thursdays and 11pm to 2am Fridays and Saturdays

 

27

Yin King Wong

City Star

40 City Road

11pm to 12.30am Sundays to Thursdays and 11pm to 1.30am Fridays and Saturdays

 

28

Mohammed Younas

Eastern Spice

148 High Street, Lochee

 

11pm to 1am Mondays to Sundays

 

29

Young Qun Zhong

Tak A Wa

243 Clepington Road

 

11pm to 2am Mondays to Sundays

 

In the case of Application Nos 1 to 6, 8 to 12 and 14 to 29, having heard from the Legal Officer that these applications should be considered under the newly amended Licensing Policy, the Committee agreed to grant the applications.

 

In the case of Application No 7, the Committee gave consideration to documentation submitted in support of the application. Thereafter, having heard a representative on behalf of the applicant, a representative on behalf of the Chief Constable and the Legal Officer, Councillor Bidwell, seconded by Councillor Brennan, moved to retain the existing hours of opening. As an amendment, the Convener, seconded by Councillor Black, moved to grant the hours requested. On a division, there voted for the motion - Councillors Bidwell and Brennan (2); and for the amendment - the Convener and Councillors Bowes, Black and Ferguson (4) - whereupon the amendment was declared carried.

 

In the case of Application No 13, the Committee agreed that the application be granted, subject to the condition that sales be limited to home deliveries only after the hours of 12 midnight.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

(b) PRIVATE HIRE OPERATOR - REQUEST FOR VARIATION

 

There was submitted the undernoted application:-

 

No

Name

 

1

William Douglas

 

The Committee noted a request for variation had been made to allow tinted windows on the vehicle involved in the operation of the licence. Thereafter, there being no objections, the Committee agreed that the application be granted.

 

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

 

(i) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 23rd July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr C L and to hold a hearing in relation to the fitness of Mr C L to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C L during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, an agent on behalf of the licence holder and the Legal Officer, the Convener, seconded by Councillor Bowes, moved to lift the immediate suspension and defer the hearing until the meeting of this Committee to be held on 2nd October, 2014. As an amendment, Councillor Brennan, seconded by Councillor Bidwell, moved that the immediate suspension not be lifted. On a division, there voted for the motion - the Convener and Councillors Bowes and Black (3); and, for the amendment - Councillors Ferguson, Bidwell and Brennan (3) - whereupon the Convener gave his casting vote in favour of the motion and the motion was declared carried.

 

(ii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 21st July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G M and to hold a hearing in relation to the fitness of Mr G M to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G M during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and a representative on behalf of the licence holder, the Committee agreed to lift the immediate suspension, issue a verbal warning and deferred the hearing for a period of 12 months to allow Mr G M to undertake an appropriate training course for taxi drivers approved by the Licensing Committee.

 

(iii) Reference was made to Article II(a)(ii) of the minute of meeting of the Licensing Sub‑Committee held on 23rd July, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G S and to hold a hearing in relation to the fitness of Mr G S to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr G S during the currency of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard from a representative of the Chief Constable, the Committee agreed to defer the hearing to the November meeting of this Committee and to continue the immediate suspension.

 

 

 

 

Stewart HUNTER, Convener.