Dundee City Licensing Board - 29/10/2015

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 29th October, 2015.

Present:-

Depute Lord Provost Christina ROBERTS

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Board of 24th September, 2015 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from the Chief Constable's representative, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant the above application.

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application with a capacity of 5.26m2.

The Board, having heard from the Director of Environment's representative, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant the above application, subject to removal of outside seating area and off-sales along with the addition of appropriate signage requiring consumption on the premises.

The Board, having heard from an agent on behalf of the applicant, agreed to grant the above application.

The Board, having heard from the Director of Environments representative and an agent on behalf of the applicant, agreed to grant the above application.

(b) VARIATIONS (MAJOR)

The Board agreed to grant a variation to allow recorded music outwith core hours and karaoke and vocalists during core hours Mondays to Sundays.

The Board, having heard from the Chief Constable's representative, the applicant on their own behalf and the Board's Legal Adviser, agreed to grant a variation to create a new external licensed area at the front of The Union, and to extend the footprint of the existing external licensing area to allow an additional point of access/egress via one of the fire exits from its largest nightclub.

The Board, having heard from an agent on behalf of the applicant, agreed to grant a variation to increase on-sales capacity from 390 to 450 persons and to remove the requirement to only allow alcohol in plastic cups in the outside area.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to add 'DJ's at receptions' to current local conditions during core hours and allow a beer garden throughout the year from September to June from opening until 9pm and July and August from opening until 10pm. To amend the terminal hour from 12 midnight to 1am Mondays to Sundays, to allow low level recorded music prior to on consumption hours, films during and outwith core hours for the benefit of residents, televised sports outwith core hours, allow a beer garden to the south of the premises and a number of tables and chairs as agreed by the Board at the entrance to the premises in the paved area below the car park (hours stipulated above), amend wording as to why activities are taking place outwith core hours, allow a food takeaway and delivery service in other activities and amend access to children and young persons, conditional on obtaining planning consent.

The Board agreed to grant a variation to allow on-sales until 1am on Fridays and Saturdays and from 11am on Sundays and to allow access to children and young persons to the function room for the duration of any function to be accompanied by a responsible adult at all times.

The Board, having heard from the applicant on their own behalf, agreed to grant a variation to add to local conditions types of music available within the venue ie live performances, recorded music both during and outwith core hours. To amend the licence to allow on consumption daily between 11am and 1am throughout the whole venue, to allow conference facilities during and outwith core hours, restaurant facilities during and outwith core hours, reception and club or other group meeting during and outwith core hours, recorded music and live performances during and outwith core hours, theatre during and outwith core hours, films to be shown within the premises, outdoor drinking in the courtyard area and allow access for children and young persons.

(c) TRANSFERS

The Board, having heard from the Chief Constable's representative and the applicant on their own behalf, agreed to grant the above application for transfer of the premises licence to Robmal Ltd.

(d) OCCASIONAL

The Board, having heard from the Chief Constable's representative, the Director of Environment's representative, the applicant on their own behalf and the Board's Legal Adviser, agreed to grant the above application for an Occasional Licence for a Halloween party on 31st October, 2015.

II GAMBLING ACT 2005

(a) LICENSED PREMISES GAMING MACHINES - NEW

The Board agreed to grant the above application to increase the number of machines from two Category C to two Category C and four Category D machines as a result in the change in legislation with regard to crane grab machines.

Application for 3 Category C Machines

The Board agreed to defer the above application.

III VARIATION (MAJOR) - RECALL - CAMPELTOWN BAR

Reference was made to Article I(b)1 of the minute of meeting of this Board of 30th October, 2014, where a variation was granted subject to recall after 12 months' in operation.

The Board agreed to take no further action.

IV PERSONAL LICENCES - HEARINGS

(i) JODI THOM

Councillor Gordon declared a non-financial interest by virtue of having knowledge of the licence holder, left the Chamber and took no part in the debate.

The Board, having heard from the Chief Constable's representative, the licence holder on their own behalf and the Board's Legal Adviser, agreed to defer the above hearing to the November meeting of this Board.

(ii) MOHAMMED ARSHID

The Board, having heard from the Boards Legal Adviser, agreed to revoke the above licence.

(iii) ANGUS FARMER

The Board, having heard from the Chief Constables representative, an agent on behalf of the licence holder and the Boards Legal Adviser agreed to issue a written warning.

V GAMBLING ACT 2005 - STATEMENT OF PRINCIPLES

There was submitted Agenda Note AN195-2015 informing the Board that the Licensing Board Statement of Principles (or Statement of Policy) was last updated in January, 2013 and that the Board was required to carry out a triennial review of policy.

The Board remitted to the Clerk to carry out a consultation exercise with interested parties and to report back to the January meeting of this Board.

David BOWES, Convener.