Dundee City Licensing Board - 09/10/2014

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 9th October, 2014.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 21st August, 2014 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having given consideration to a letter of support from the applicant and having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed to grant the application for provisional off-sales licence up to a capacity of 29m2, subject to the condition that the applicant surrender his current licence when the new licence was issued.

The Board, having heard an agent on behalf of the applicant and having considered supporting information submitted by the agent on behalf of the applicant and having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, agreed to grant the application for the provision of on-sales and off-sales and to allow for a capacity of 20 persons, subject to the off sales part of the licence being operated for dining patrons of the establishment only and that they not be operated as a shop premises.

Reference was made to Article ll(a) of the minute of the meeting of this Board of 21st August, 2014, wherein the Board agreed to defer consideration of this application to the meeting pending publication of the Boards over-provision policy. The Board gave consideration to a petition and 17 letters objecting to the application. Thereafter, having heard an objector on behalf of Lochee Traders and an objector on behalf of Chambers Stores, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Board agreed that the application for the provisional off sales licence up to capacity of 35.4m2 be refused and that a Section 25 direction be refused.

The Board, having noted that the applicant was not present and having considered the advice of the Legal Officer, agreed to defer the above application pending submission of the site notice.

The Board having heard the Licensing Manager and receiving confirmation that a representative for the applicant had requested prior to the meeting that the application for provisional on and off-sales licence to allow a capacity of 260 persons be deferred, agreed to defer the above application to the meeting of this Board to be held on 30th October, 2014.

(b) VARIATIONS

The Board, having heard the Legal Officer and receiving confirmation that the agent for the applicant had requested that consideration of the application be deferred, agreed to defer the above application to the meeting of this Board to be held on 30th October, 2014.

The Board, having given consideration to a letter of representation which had been submitted from Police Scotland relevant to this application and observations which have been received from Building Standards and having heard an agent on behalf of the applicant, the applicant on their own behalf, the representative of the Chief Constable, the Licensing Manager and consideration of supporting documentation submitted by the agent on behalf of the applicant and receiving confirmation that the observations which have been submitted by Building Standards were not relevant to the application but relevant to the fabric of the building and having heard the Building Standards Officer, agreed that the application be refused and that a Section 32 direction be refused.

Reference was made to Article ll(b) of the minute of meeting of this Board held on 21st August, 2014, wherein consideration of this application was deferred pending publication of the Boards over‑provision policy. The Board, having heard the Licensing Manager, the applicant on their own behalf and consideration and advice of the Legal Officer agreed that the application be granted, subject to conditions including the Boards policy hours for outside areas.

Reference was made to Article ll(b) of the minute of the meeting of this Board held on 21st August, 2014, wherein it was agreed to defer consideration of this application to this meeting pending publication of the Boards over-provision policy.

The Board, having heard an agent on behalf of the applicant and consideration of photographic evidence submitted by the agent in support of the application and having considered the advice of the Legal Officer, the Convener moved that the application to increase off-sales capacity from 35.19m2 to 39.51m2 and the application to allow recorded background music during and outwith core hours be granted. As an amendment, Councillor Cruickshank moved that the application to increase off-sales capacity from 35.19m2 to 39.51m2 be refused and that the application to allow recorded background music during and outwith core hours be granted.

On a division, there voted for the motion - the Convener, Councillors Hunter, Cordell and Depute Lord Provost Roberts (4); and for the amendment - Councillors Murray, Gordon, Cruickshank and Brennan (4) - whereupon there being a parity of votes, the Convener moved his casting vote in favour of the motion - whereupon the motion was declared carried and the applications were granted on the terms outlined.

The Board, having noted that the applicant was not present and having sought the advice of the Legal Officer agreed to defer the above application to the meeting of this Board to be held on 30th October, 2014.

The Board, having heard the applicant on their own behalf and receiving confirmation that the Display of Site Notice had now been submitted and having considered the advice of the Legal Officer, agreed that the application to allow on-sales until 1 am on Fridays and Saturdays and on and off-sales from 11 am on Sundays be granted.

Reference was made to Article ll(b) of the minute of meeting held on 21st August, 2014, wherein it was agreed to defer consideration of this application to this meeting pending publication of the Boards over-provision policy. The Board, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer and receiving confirmation that the Building Warrant had now been submitted, the Convener moved that the application to increase the off-sales capacity from 9.53m2 to 13.69m2 be granted.

As an amendment, Councillor Brennan moved that the application to increase the off sales capacity from 9.53m2 to 13.69m2 be refused.

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

II GAMBLING ACT 2005

The Board, having heard from an agent on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, agreed that the application for three Category C machines and one Category D machine be granted.

III UPDATES

(i) MERCANTILE, 100 COMMERCIAL STREET

The Board, having heard from an agent on behalf of the licence holder, the representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, agreed that no further action be taken.

(ii) NO 25, 25 SOUTH TAY STREET

The Board, having heard from an agent on behalf of the licence holder and a Licensing Standards Officer, agreed that no further action be taken.

(iii) THE BARRELS, 43-45 STRATHMARTINE ROAD

The Board, having noted that the licence holder was not present and having considered the advice of the Licensing Manager, agreed that consideration of the matter be deferred to the meeting of this Board to be held on 30th October, 2014 as works remained outstanding to the premises.

(iv) THE SOCIAL, 10 SOUTH TAY STREET

The Board, having heard an agent on behalf of the licence holder and a Licensing Standards Officer, agreed that no further action be taken.

(v) OUT NIGHT CLUB, 124 SEAGATE

The Board, having noted that the representative of the licence holder was not present and having considered the advice of the Licensing Manager, agreed that consideration of the application be deferred to the meeting of this Board to be held on 30th October, 2014 as works in relation to fire protection remained outstanding.

IV CHANGE TO CLUB CONSTITUTION - MICHELIN ATHLETIC CLUB

There was submitted a letter from the applicant seeking a change to the Club Constitution. The Board, having noted that the licence holder was not present and there being no objections to the application and having considered the advice of the Licensing Manager, agreed that the application be granted.

The Board further agreed that any future applications in relation to changes to Club Constitutions be delegated to the Head of Democratic and Legal Services to determine in consultation with the Convener.

V PERSONAL LICENCE REVIEW HEARINGS

(i) MOHAMMED SALEEM SHIKARI

Reference was made to Article lll(i) of the minute of meeting of this Board of 21st August, 2014, wherein the Board agreed to defer the Personal Licence Review in respect of Mohammed Saleem Shikari.

The Board, having noted that the licence holder was not present and having heard the representative of the Chief Constable, agreed to defer the hearing to the February, 2015 meeting of this Board to await the outcome of criminal proceedings.

(ii) MOHAMMED ZEESHAN ABDUL HAMEED

Reference was made to Article lll(ii) of the minute of meeting of this Board of 21st August, 2014, wherein the Board agreed to defer the Personal Licence Review in respect of Mohammed Zeeshan Abdul Hameed.

The Board, having heard the representative of the Chief Constable, agreed to defer the hearing to the February, 2015 meeting of this Board to await the outcome of criminal proceedings.

VI PREMISES LICENCE REVIEW HEARINGS

(i) GLENLIVIT BAR, STRATHMARTINE ROAD, DUNDEE

Reference was made to Article VII(ii) of the minute of meeting of this Board of 24th June, 2014, wherein the Board agreed to defer the Premises Licence Review in respect of the Glenlivit Bar, Strathmartine Road, Dundee. The Board, having heard the representative of the Environmental Health Department, the applicant on their own behalf and a representative of the Chief Constable and consideration and advice of the Legal Officer, agreed to revoke the licence for musical entertainment at the Glenlivit Bar.

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

Reference was made to Article III(ii) of the minute of meeting of this Board of 21st August, 2014, wherein the Board agreed to defer the hearing to this meeting.

The Board, having heard the representative of the Chief Constable, agreed to further defer the hearing until the February, 2015 meeting of this Board to await the outcome of criminal proceedings.

VII APPLICATION FOR PERSONAL LICENCES

(i) ALEXANDER GRUBB

The Board, having noted that the applicant was not present, agreed that the matter should be considered in their absence. Thereafter, having given consideration to the content of the letter submitted by Police Scotland relevant to the application by Mr Alexander Grubb for a Personal Licence and having heard a representative of the Chief Constable, agreed to refuse the above application.

(ii) AMANDA PRYDE OR LAWSON

The Board, having given consideration of the content of the letter submitted by Police Scotland relevant to the application by Ms Amanda Pryde or Lawson for a Personal Licence and having heard from the applicant on their own behalf and representative of the Chief Constable, agreed to grant the above application.

David BOWES, Convener.