Dundee City Licensing Board - 19/02/2015

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 19th February, 2015.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 15th January, 2015 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant, the Convener moved to grant the above application. As an amendment, Councillor Cruickshank moved to refuse the application.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts and Councillors Murray, Hunter, Cordell, Keenan and Brennan (7); and for the amendment - Councillors Gordon and Cruickshank (2) - whereupon the motion was declared carried granting the above application.

The Board, having heard from an agent on behalf of the applicant, the Convener moved to grant the above application with the exception of the off-sale facility applied for. As an amendment, Councillor Gordon moved to refuse the application.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts and Councillors Murray, Hunter, Cordell and Keenan (6); and for the amendment - Councillors Gordon, Cruickshank and Brennan (3) - whereupon the motion was declared carried granting the above application, with the exception of the off-sales facility applied for.

(b) VARIATIONS (MAJOR)

The Board agreed to grant a variation to allow live entertainment (maximum three artistes).

The Board agreed to grant a variation to allow bar meals, for example, breakfasts, to be provided prior to core hours for the benefit of patrons (for the avoidance of doubt, alcohol will not be sold), recorded music to be played outwith core hours for the benefit of staff and patrons, televised sport to be shown outwith core hours for the benefit of staff and patrons (alcohol will not be sold or consumed unless an occasional extension of hours has been applied for and granted by the Licensing Board) and children and young persons entry to the premises when accompanied by an adult two hours prior to and one hour after a football match (not later than 8pm) being played at either Dens Park or Tannadice Park as per Licensing Board policy.

Change local conditions to the following:-

Consent for musical entertainment within the premises is limited to the following:-

TV and automatic music system to be operated during and outwith core hours. Juke box, disco/DJ, karaoke, live musicians, including instrumentalists and vocalists, during core hours, and all amplified music and vocals shall be so controlled as to be inaudible within the nearest residential accommodation.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to allow alcohol to be sold for consumption on the premises from 11 am on Sundays.

II UPDATES

(i) THE BARRELS, 43-45 STRATHMARTINE ROAD

Reference was made to Article II(i) of the minute of meeting of this Board of 15th January, 2015 where consideration was deferred to allow the position regarding works carried out to be clarified and an amendment to warrant to be applied for.

The Board, having heard from the licensee on their own behalf, the Director of City Developments representative and the Boards Legal Adviser, agreed to defer the update until the March meeting of this Board.

(ii) OUT NIGHTCLUB, 124 SEAGATE

Reference was made to Article II(ii) of the minute of meeting of this Board of 15th January, 2015 where consideration was deferred to allow the position regarding building warrant to be clarified along with details of other licensed premises/responsibility for maintenance issues to be submitted.

The Board, having heard from the Director of City Developments representative and the Boards Legal Adviser, agreed to hold a review hearing in respect of the above premises and in respect of B4 Out both at 124 Seagate.

III PREMISES LICENCE REVIEW HEARING

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

Reference was made to Article VI(ii) of the minute of meeting of this Board of 9th October, 2014 where consideration of the hearing was deferred to await the outcome of criminal proceedings.

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to defer the hearing to the April meeting of this Board.

IV REQUEST FOR REVIEW HEARINGS

The Board agreed to hold premises licence review hearings in respect of The Rock, 6 Dickson Avenue and Kellys Bar, 89-91 High Street, Lochee.

David BOWES, Convener.