Dundee City Licensing Board - 18/06/2015

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th June, 2015.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 21st May, 2015 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board agreed to grant a variation to permit the following categories of recorded music during core hours: "Automatic Music Playback System, Disco/DJ and Karaoke; amend the on-consumption terminal hours on a Friday and Saturday from 12 midnight to 1am; the on-consumption opening time on a Sunday from 12.30pm to 11am; off-consumption opening time on a Sunday from 12.30pm to 11am; Allow bar meals during core hours; and permit children and young person access to the premises for football matches at Dens Park and Tannadice football stadiums as per the Licensing Board policy.

The Board, having heard from the applicant on their own behalf and the Board's Legal Adviser, agreed to grant a variation to move the existing beer garden to the same location as the existing external chill‑out area for the nightclub; extend the licence of the external chill-out area from three days a week (Tuesday, Friday, Saturday) to seven; extend the licence of its external chill-out area on Friday and Saturday, from 2.30am to 3am, in order to coincide with venue opening times, conditional to any requirements for a building warrant.

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant a variation to use the premises for functions and events outwith the current restricted use by members and to open the facilities to the public and the local community. The focus would be on conference and function hire. There would be no change to operating times and the premises would not be operating as a general pub. The purpose is purely to generate more interest and use of the facility by allowing public use of the meeting and function space for events subject to restricting entry only to functions and meetings.

The Board, having heard from the applicant on their own behalf and the Board's Legal Adviser, agreed to grant a variation to remove Condition No 3 - minimum charge for entry; and late night opening conditions, amend the terminal hour on a Friday and Saturday from 2am and replace with 1am and opening time for off-consumption from 11am to 10am. Remove gaming outwith core hours to comply with the Gambling Act 2005; and items in 5(g) (late night opening premises) as the venue will no longer be trading after 2am. Re-word the current statement of access to children and young persons. Amend ages of children and young persons as due to there being insufficient room for baby changing facilities; the timings of access for children and young persons; and re-word the statement as to which areas children are permitted whilst in the premises, subject to any requirements for a Building Warrant.

The Board, having taken into account an objection heard from the applicant on their own behalf, and the Board's Legal Adviser, agreed to grant a variation to allow alcohol to be sold for consumption on the premises until 1am on Friday and Saturday. Variation to allow access to children and young persons for two hours before and one after football matches at Dens Park and Tannadice Park (not later than 8pm) when accompanied by an adult, with live entertainment, including TV to cease at midnight.

II PREMISES LICENCE REVIEW HEARING

(i) BAYVIEW BAR, 69B EARN CRESCENT

The Board, having heard from an agent on behalf of the licence holder, the Director of Environment's representative, the Chief Constable's representative and the Board's Legal Adviser, agreed to defer the hearing and further agreed to hold personal licence reviews in respect of Valerie Hargadon and David Dandie.

III PERSONAL LICENCES

(i) REVIEW HEARING - ANGUS FARMER

The Board, having heard from the Chief Constable's representative, an agent on behalf of the licence holder, and the Board's Legal Adviser, the Convener moved to endorse the personal licence. As an amendment, Councillor Keenan moved to revoke the personal licence.

On a division, there voted for the motion - the Convener and Councillor Brennan (2); and for the amendment - Depute Lord Provost Roberts and Councillors Murray, Hunter, Gordon, Cruickshank and Keenan (6) - whereupon the amendment was declared carried.

(ii) NEW APPLICATION - KEVIN SIVEWRIGHT

The Board, having heard from the Chief Constable's representative, an agent on behalf of the applicant, and the Board's Legal Adviser, the Convener moved to grant the application. As an amendment, Councillor Brennan moved to refuse the application.

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

David BOWES, Convener.