Dundee City Licensing Board - 29/06/2017

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 29th June, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair (from Article II).

The minute of meeting of this Board of 20th April, 2017 was held as read.

I APPOINTMENT OF CONVENER

The Board unanimously agreed that Councillor Stewart Hunter be appointed as Convener of Dundee City Licensing Board.

II RECORDS MANAGEMENT POLICY

There was submitted Report No 237-2017 by the Executive Director of Corporate Services informing the Board of the updated Dundee City Council Records Management Policy.

The Board agreed to approve the updated Dundee City Council Records Management Policy, as detailed in Appendix A of the report.

III RECORDS MANAGEMENT PLAN

There was submitted Report No 238-2017 by the Executive Director of Corporate Services proposing the adoption of a Records Management Plan for the Licensing Board which was to be submitted to the Keeper of the Records of Scotland under the terms of the Public Records (Scotland) Act 2011.

The Board agreed to approve the Records Management Plan, as detailed in Appendix A of the report.

IV LICENSING (SCOTLAND) ACT 2005

There were submitted the undernoted applications.

In the case of Application No 1, the Board noted that application had been made for provisional off‑sales licence. Capacity was 54.6m2. The Board gave consideration to the application. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

In the case of Application No 2, the Board noted that application had been made for provisional off sales licence. Capacity was 1.23m2. Thereafter, having heard from the Legal Officer, and receiving confirmation that the display of site notice had not been returned, the Board agreed that consideration of the application be deferred to the meeting of this Board to be held on 17th August, 2017.

In the case of Application No 3, the Board noted that application had been made to amend the description of the premises; update the activities or services that would be provided on the premises in addition to the supply of alcohol, including the further details given for those activities or services which would be provided outwith the core licensed hours; amend the ages of children and young persons allowed entry to the premises; and amend the times during which children and young persons would be allowed entry to the premises. There was submitted a copy of the application and an accompanying letter from the applicant's solicitor. There was also submitted comments which had been received from Building Standards.

The Board gave consideration to the content of the application and the documents submitted. Thereafter, having heard an agent on behalf of the applicant, a representative of Building Control and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, subject to the conditions as indicated in the submission from Building Control and also additional conditions submitted by the applicant's agent.

In the case of Application No 4, reference was made to Article II(a) of the minute of meeting of this Board held on 20th April, 2017, wherein it was agreed to defer consideration of this application to this meeting of the Board. There was submitted a copy of the application, together with comments which had been received from Building Standards and three letters of objection which had been received from members of the public. The Board noted that the objectors to the application were not present and agreed that the matter be considered in their absence. The Board gave consideration to the application and the content of the documentation submitted. Thereafter, having heard an agent on behalf of the applicant, and receiving confirmation from the agent that the element of the application relating to the use of the children's area had been withdrawn, and receiving confirmation from the representative of the Chief Constable, the representative of Environmental Health and a Licensing Standards Officer that no recorded complaints had been received and, having heard a representative of Building Control and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, subject to the condition of the non-sale of alcohol products which were regarded as a lower graded standard of quality.

In the case of Application No 5, the Board noted that application had been made to allow alcohol to be consumed in the outside area. There was submitted a copy of the application. The Board gave consideration to the content of the application. Thereafter, having received confirmation that the display of site notice had now been submitted and heard an agent on behalf of the applicant, and having heard the Principal General Services Officer in relation to one noise complaint which had been received concerning an outside function at the location, and having heard a Licensing Standards Officer and the representative of the Chief Constable that they had not received any recorded complaints at the location, and having considered the advice of the Legal Officer, the Board agreed that the application be granted until 7pm on the days of operation of the licence and that the matter be submitted to the meeting of the Board for review should any complaints be received in relation to noise nuisance.

In the case of Application No 6, the Board noted that application had been made to increase the off‑sales capacity generally and also to accommodate seasonal demand. There was submitted a copy of the application. The Board gave consideration to the content of the application. Thereafter, having received confirmation that the display of site notice had now been received, and having heard an agent on behalf of the licence holder and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

In the case of Application No 7, reference was made to Article II(a)(3) of the minute of meeting of this Board held on 20th April, 2017, wherein the Board agreed to defer consideration of the application to this meeting of the Board. There was submitted a copy of the application, together with comments which had been received from Building Standards and two letters of objection which had been received from members of the public. The Board noted that the objectors to the application were not present and agreed that the application be considered in their absence. Thereafter, having heard an agent on behalf of the applicant, a representative of Building Standards and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, subject to the live music acts and dancing parts of the application being removed as suggested by the applicant.

In the case of Application No 8, the Board noted that application had been made to allow on-sales from 11am on Sundays; to extend the terminal hour until 01:00 Friday and Saturday in the lounge for functions only; allow off-sales from 11:00 Sunday; add an outdoor drinking area; and amend access to allow children and young persons aged 0-17. There was submitted a copy of the application, together with comments which had been received from Building Standards and a letter of objection which had been received from Planning. The Board gave consideration to the content of the application and the content of the documents submitted including the objection.

Thereafter, having received confirmation that the display of site notice had now been received, and having heard an agent on behalf of the applicant, a representative of Building Standards, the Principal General Services Officer, and noting the comments of the Building Standards Officer that part of the application would be subject to a Building Warrant being granted and receiving confirmation from the agent that that area in question would not be used until the planning element had been regularised, and having heard a representative of the Chief Constable, a Licensing Standards Officer and consideration of the advice of the Legal Officer, the Board agreed that the application be granted, subject to the conditions of use of the outside area to be on the same terms and conditions as a pavement cafe and that no live music be provided after 12pm and that the planning and building control matters be agreed to the satisfaction of Planning and Building Standards.

V GAMBLING ACT 2005

There was submitted the undernoted application.

In the case of Application No 1, the Board noted that the premises currently operated three Category 3 gaming machines and that application had been made to increase this to four. There was submitted a copy of the applicants policy and procedures as to gaming machines. The Board gave consideration to the content of the application and the content of the policy document submitted. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Board agreed that the application be granted.

VI LICENSING (SCOTLAND) ACT 2005 - REVIEW OF PREMISES LICENCE

In the case of this matter, reference was made to Article II(ii) of this minute of meeting of this Board held on 16th February, 2017, wherein it was agreed to adjourn the hearing to this meeting of the Board. There was submitted supporting documentation in relation to this matter. The Board gave consideration to the content of the documentation, together with fresh supporting documents which had been tabled by the Agent on behalf of the licence holder. Thereafter, having heard an Agent on behalf of the licence holder, a representative of the Chief Constable and a Licensing Standards Officer who advised that complaints in relation to noise nuisance had been continuing to be received, the Board agreed that the hearing be adjourned to the meeting of this Board to be held on 17th August, 2017 for an update on the operation of the licence and for the licence holder to report on progress made regarding proposed soundproofing at the premises.

VII LICENSING (SCOTLAND) ACT 2005 - PREMISES LICENCE - NOTICE OF CONVICTION OF PREMISES LICENCE HOLDER

The Board agreed to note the information provided in relation to the undernoted premises licences and that no further action be taken in the meantime.

VIII LICENSING (SCOTLAND) ACT 2005 - PERSONAL LICENCES - NOTIFICATION OF CONVICTIONS

The Board agreed to hold personal licence review hearings in respect of the undernoted licence holders.

IX OPTIONS FOR OVERPROVISION POLICY

There was submitted Report No 317-2017 by the Clerk to the Licensing Board presenting the Licensing Board with the Overprovision Policy Preferred Option Paper.

Dr Drew Walker and Dr Emma Fletcher, NHS Tayside gave a presentation in supplement to the report. The Board also heard from Peter Allan, Chief Executives Service, Dundee City Council.

Thereafter, having considered the presentations and the content of the report, and following discussion and having considered the advice of the Legal Officer, the Board agreed:-

(i) to propose a new Overprovision Policy as outlined in Option A of the report; and

(ii) to remit to the Clerk to consult on the option proposed in terms of Section 7(3) and (4) of the Licensing (Scotland) Act 2005 and to report back to the Board on 26th October, 2017.

X RETIRAL OF STUART GALLOWAY - PRINCIPAL GENERAL SERVICES OFFICER - DUNDEE CITY COUNCIL

At the close of the meeting, the Convener took the opportunity to pay tribute to Stuart Galloway, Principal General Services Officer, who would be retiring from service with the Council at the end of July, 2017.

The Convener thanked Mr Galloway for the help and support he had provided to him and the membership of both the Dundee City Licensing Board and the Licensing Committee over the years and the personal contribution he had made to the provision of those Licensing functions under his remit as Principal General Services Officer and wished him well in his retirement.

Mr Galloway replied in suitable terms.

Stewart HUNTER, Convener.