Dundee City Licensing Board - 14/06/2018

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 14th June, 2018.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 17th May, 2018 was held as read.

Prior to the commencement of business, the Convener made reference to SCPLH refresher training, which licence holders would be required to undertake.

I VALEDICTORY - GRAEME PETRIE

The Convener thanked Graeme Petrie, Licensing Standards Officer, who was retiring from the Council after many years of service and for his support over a number of years to the Board.

II LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the above application, subject to off-sales being restricted to patrons already on the premises consuming a meal or as part of an ancillary takeaway food and drink service.

The Board, having heard from an agent on behalf of the applicant, objectors to the application and the Boards Legal Adviser, agreed to refuse the above application.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the above application, subject to off-sales being restricted to a maximum of 13.68 sq metres in total anywhere in the museum sales area.

III DUNDEE CITY LICENSING BOARD ANNUAL FUNCTIONS REPORT

There was submitted the Dundee City Licensing Board Annual Functions Report.

The Board noted the content of the report.

IV EXTENDED HOURS APPLICATIONS

(i) INDUSTRY (YUPPIES BAR AND NIGHT CLUB), 5 SEAGATE, DUNDEE

The Board, having heard from an agent on behalf of the applicant, the Chief Constables representative and the Boards Legal Adviser, Councillor Cruickshank moved to refuse the applications for 1st July to 8th July, 2018 and 20th July to 4th August, 2018.

As an amendment, the Convener moved to grant the applications for 1st July, 2018 to 8th July, 2018 and 20th July, 2018 to 4th August, 2018.

On a division, there voted for the motion - Councillors Cruickshank, Gordon and Scott (3); and for the amendment - the Convener, Councillors Murray and Lynn (3) - whereupon there being a parity of votes, the Convener moved his casting vote in favour of the motion - whereupon the motion was declared carried and the applications granted.

The Board further agreed to defer consideration of the remaining applications to the Board meeting on 16th August, 2018.

V OCCASIONAL LICENCE APPLICATION

(i) FORTHILL COMMUNITY SPORTS CLUB

The Board noted that the above application had been withdrawn.

VI PERSONAL LICENCE - NEW APPLICATION

(i) HAYLEY BLACKLEY

The Board, having heard from the applicant on their own behalf, the Chief Constables representative and the Boards Legal Adviser, agreed to approve the application.

VII PREMISES LICENCE REVIEW

(i) NO 1S BAR AND RESTAURANT INCORPORATING THE BALCONY BAR

The Board, having heard from an agent on behalf of the licence holder, the Executive Director of Neighbourhood Services (Environment) representative, the Chief Constables representative and the Boards Legal Adviser, agreed that the grounds for a review had been met and further agreed to defer a final decision as to any sanctions which may be imposed until the 16th August, 2018 meeting of the Board.

(ii) OLD BANK BAR

The Board, having heard from an agent on behalf of the licence holder, the Executive Director of Neighbourhood Services (Environment) representative, the Chief Constables representative and the Boards Legal Adviser, agreed that the grounds for a review had been met. The Convener moved that a written warning be issued.

As an amendment, Councillor Gordon moved that a seven day suspension of the Premises Licence be imposed.

On a division, there voted for the motion - the Convener and Councillors Murray, Lynn and Scott (4); and for the amendment - Councillors Gordon and Cruickshank (2) - whereupon the motion was declared carried and a written warning to be issued agreed.

VIII PERSONAL LICENCE - REQUEST FOR REVIEW

The Board agreed to hold a Personal Licence Review Hearing in respect of Ryan Tierney.

Stewart HUNTER, Convener.