Dundee City Licensing Board - 22/11/2017

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 22nd November, 2017.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener in the Chair.

The minute of meeting of this Board of 26th October, 2017 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

There were submitted the undernoted applications:-

The Board, having considered the content of the letter of information which had been submitted by Building Standards relevant to this application and the operating plan which had been submitted by the applicant, an overprovision plan which had been tabled by the Licensing Office and having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application for provision of on and off-sales with capacity for 20 on-sales and 12.37 m sq off-sales be granted.

The Board, having considered the operating plan which had been submitted by the applicant, the content of the letter of information which had been submitted by Building Standards relevant to this application, having heard an agent on behalf of the applicant and the applicant on their own behalf, a Licensing Standards Officer, consideration of the advice of the Legal Officer and noting that the agent accepted that the Boards policy in terms of children and young people should apply to this application. Councillor Hunter moved that the application be granted as submitted. As an amendment, Councillor Gordon moved that the application be granted as submitted, subject to the condition that a minimum 3.50 entry fee condition be applied. On a division, there voted for the motion - Councillors Hunter, Alexander, Smith and Lynn (4); and for the amendment - Councillors McIrvine and Gordon and Scott (3) - whereupon the motion was declared carried and the application for provisional on-sales with a capacity of 200 was granted as submitted.

The Board, having considered the operating plan which had been submitted by the applicant, and having heard an agent on behalf of the applicant, the Licensing Standards Officer and consideration of the advice of the Legal Officer and consideration of a supplementary document which had been tabled in support of the application, agreed that the application for provision of on/off-sales of capacity of 300 be granted and that the issue of over provision not be considered relative to this application.

(b) VARIATIONS (MAJOR)

The Board, having heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to allow alcohol to be sold for consumption on the premises until 12 midnight Mondays to Sundays.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to change the layout of the premises increasing the off-sales capacity from 31.5m2 to 31.71486m2.

The Board, having heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to vary the start of on-consumption hours on Sunday from 12.30 pm to 11.00 am, receptions to include outwith core hours, club/group meetings to include outwith core hours, recorded music to include outwith core hours, indoor/outdoor sports to include outwith core hours, televised sport to include outwith core hours, and vary access and timings for children and young persons.

The Board, having heard from the applicant on their own behalf and the Boards Legal Adviser, agreed to grant a variation to amend the on-consumption terminal hour daily from 11.45 pm to 1.00 am, allow conferences during and outwith core hours, restaurant facilities outwith core hours, receptions outwith core hours, club or other group meetings during and outwith core hours, recorded music outwith core hours, live performances during core hours but this would be limited to two individuals that would not be using amplification, televised sport in the bar area and outside dining at the decked area indicated on the layout plan. Pavement cafe hours would apply for the outside area and amend access to children and young persons and request to sell alcohol off-sales.

(c) APPLICATION FOR OCCASIONAL LICENCE

The Board, having noted that the applicant was not present and having heard from the Licensing Standards Officer and the Boards Legal Adviser, agreed that the application be considered incompetent.

II GAMBLING ACT 2005

The Board, having heard from a representative on behalf of the the applicant and the Boards Legal Adviser, agreed that the application to increase the number of machines from three Category C to four Category C be refused.

III PERSONAL LICENCE REVIEWS

(i) MICHAEL KANE

The Board, having noted that the licence holder was not present and having heard from the Boards Legal Adviser, agreed to consider the application incompetent.

(ii) CHRISTOPHER SMITH

The Board, having heard from the licence holder on their own behalf, the Chief Constables representative, a Licensing Standards Officer and the Boards Legal Adviser, agreed to take no further action.

(iii) SEAMUS McMANUS

The Board, having noted that the licence holder was not present and having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to revoke the licence.

(iv) FRASER ROLLEY

The Board, having noted that the licence holder was not present and having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to adjourn consideration of the matter to the meeting of the Board to be held on 18th January, 2018 for the outcome of court proceedings.

Stewart HUNTER, Convener.