Dundee City Licensing Board - 16/08/2018

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 16th August, 2018.

Present:-

Bailie Kevin KEENAN

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 14th June, 2018 was held as read.

Unless marked thus * all items stand delegated.

I POLICE SCOTLAND REPORT

There was submitted a copy of the Chief Constable's report to Dundee City Licensing Board for the period 1st April, 2017 to 31st March, 2018. This report was submitted in accordance with Section 12(a) of the Licensing (Scotland) Act 2005.

The Board agreed to note the content of the report.

II LICENSING BOARD POLICY 2018 CONSULTATION

There was submitted a report outlining consultation proposals for the Statement of Licensing Policy covering the period 2018 to 2022. It was reported that the Licensing Board was obliged to publish a Statement of Licensing Policy every three years in terms of Section 6 of the Licensing (Scotland) Act 2005 ("the 2005 Act"). The current policy had been adopted to cover the period from 2013 to 2016 but, due to recent legislative changes, this was extended to November, 2018. In future, policy statements would cover periods which ran in tandem with local government elections. The next policy period would therefore run until 2022. A copy of the current policy statement was referred to.

The Board gave consideration to the content of the document. Thereafter, having heard the Legal Officer, the Board agreed:-

(i) to the proposals contained in the report as a basis for carrying out the consultation;

(ii) to remit to the Clerk to the Licensing Board to carry out the necessary consultation exercise under Sections 6 and 7 of the 2005 Act;

(iii) to note that the period for consultation would run until Friday, 2nd November, 2018; and

(iv) to note that a report on the outcome of the consultation exercise would be submitted to a meeting of the Board to be held on 22nd November, 2018.

III EXTENDED HOURS APPLICATIONS - UPDATE

(i) INDUSTRY (YUPPIES BAR AND NIGHTCLUB, 5 SEAGATE, DUNDEE)

Councillor Alexander declared a non-financial interest in this item of business by virtue of the applicant being known to him and left the Chamber during its consideration.

There were submitted applications by Industry (Yuppies Bar and Nightclub) for extended hours of operation from 3:00am until 3:30am on 28th and 29th September, 2018 and between 27th October, 2018 and 4th November, 2018 and between 1st December, 2018 and 2nd January, 2019.

There were submitted letters of objection from the Chief Constable relative to these applications. The Board gave consideration to the content of the objections. Thereafter, having heard a representative of the Chief Constable, a Licensing Standards Officer, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Board agreed that the application for extension of hours from 3:00am until 3:30am on 28th and 29th September, 2018 be granted and that, should there be no further incidents or complaints reported, the remaining two applications for extension of hours from 3:00am until 3:30am between 27th October, 2018 and 4th November, 2018 and 1st December, 2018 and 2nd January, 2019 be dealt with under delegated powers but, should there be any incidents reported, that these be brought back to a meeting of the Board for consideration.

IV PREMISES LICENCE REVIEW - HEARING UPDATE

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

Reference was made to Article VII of the minute of meeting of this Board held on 14th June, 2018, wherein it was agreed to defer a final decision as to any sanctions which might be imposed in relation to the Premises Licence Review in respect of No 1's Bar and Restaurant incorporating the Balcony Bar, 5 Ward Road, Dundee to this meeting of the Board.

There was submitted a letter of information from the Chief Constable relevant to this Premises Licence. The Board gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, a Licensing Standards Officer, the licence holder on their own behalf, and consideration of the advice of the Legal Officer, the Board agreed that the Premises Licence be varied to allow for the hours of operation to be limited until 1:30 am in the morning for a three month period and that an update on the operation of the licence be provided at the meeting of the Board to be held on 22nd November, 2018 and that an additional condition be applied to the licence that a Personal Licence Holder be present on the premises from 10:00 pm until closing.

V PERSONAL LICENCE - REQUEST FOR REVIEW

There was submitted a letter of information from the Chief Constable relevant to the fitness of Mr Christopher Ireland to be the holder of a Personal Licence.

The Board gave consideration to the content of the letter. Thereafter, having heard the Legal Officer, the Board agreed to hold a Personal Licence Review in respect of Christopher Ireland.

Stewart HUNTER, Convener.