Dundee City Licensing Board - 22/11/2018

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 22nd November, 2018.

Present:-

Bailie Kevin KEENAN

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 25th October, 2018 was held as read.

Unless marked thus *all items stand delegated.

I LICENSING (SCOTLAND) ACT 2005

(a) PROVISIONAL

The Board, having heard from an objector, the applicant, the Boards Legal Adviser, and the Licensing Standards Officer, agreed to defer the application until the Board meeting in December. The Board further agreed that the applicant be given the opportunity to apply for an occasional licence, which would accurately specify the increase in capacity required, and that this be decided under delegated powers.

 

No	Premises	Applicant
2	Downfield Hotel 530 Strathmartine Road Dundee DD3 9BR	Spirit Pub Company (Leased)

 

The Board, having heard from an agent on behalf of the applicant, the Boards Legal Adviser and Building Standards Officer, agreed to grant a variation to allow a terminal hour on Friday and Saturday of 1.00 am, and opening time 11.00 am on a Sunday, bar meals to be permitted to be served outwith core hours (10.00 am 7.00 pm); for the avoidance of doubt no bands/DJs/karaoke operate after 12 midnight and only low level background music would be played. However, the function suite which forms the first floor of the premises would be permitted to have bands/DJs/karaoke operating until the terminal hour of the function which would be at latest 1.00 am; that the premises be permitted to open from 8.00 am for the provision of teas, coffees, breakfasts and other refreshments, and that the premises may open early for funerals, christenings etc no alcohol will be sold until core hours commence, other activities may take place during extended hours over the festive period, that activities outwith core hours may take place ancillary to said breakfast provision and that the premises offer takeaway food, home deliveries (of food and soft drinks etc), and outside catering, subject to planning permission being granted for applicable functions, also the condition that all building works be completed within two weeks and that no new functions be carried out until this is obtained.

 

No	Premises	Applicant
3	Iceland Foods Ltd Unit X,Y and W Wellgate Shopping Centre Dundee DD1 2DB	Iceland Foods Ltd

 

The Board, having heard from an objector, an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation allowing recorded music as an activity during and outwith core hours, noting that the sale of groceries, including fresh and frozen foods and other non-food items be provided both within and outwith the core licensing hours, but not before 7.00 am or after 11.00 pm; activities outwith core hours may occur as ancillary, the sale of alcohol by retail for consumption off the premises would be ancillary to the sale of groceries and other non-food items.

 

The above would include deliveries made using the home delivery and e-commerce services, subject to compliance with Sections 119 and 120 of the Licensing (Scotland) Act 2005. The premises would also, on occasion, be used to launch new products, have product sampling and food tasting events and host family friendly membership evenings, and that the off-sales capacity be increased from 4m2 to 4.4.m2.

 

4

Iceland Foods Ltd 205 Pitkerro Road Dundee DD4 8HA

Iceland Foods Ltd

 

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to allow recorded music as an activity during and outwith core hours, noting that the sale of groceries, including fresh and frozen foods and other non-food items be provided both within and outwith the core licensing hours, but not before 7.00 am, or after 11.00 pm; activities outwith core hours may occur as ancillary; the sale of alcohol by retail for consumption off the premises would be ancillary to the sale of groceries and other non-food items.

 

The above would include deliveries made using the home delivery and e-commerce services, subject to compliance with Sections 119 and 120 of the Licensing (Scotland) Act 2005. The premises would also, on occasion, be used to launch new products, have product sampling and food testing events and host family friendly membership evenings; and that the off-sales capacity be reduced from 8.8m2 to 6.6m2.

 

5

Iceland Foods Ltd 1 Afton Way Dundee DD4 8BR

Iceland Foods Ltd

 

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant a variation to amend off-sale hours to 10.00 am to 10.00 pm daily, remove reference to seasonal variations, allow recorded music as an activity during and outwith core hours, noting that sale of groceries, including fresh and frozen and other non-food items to be provided both within and outwith the core licensing hours, but not before 7.00 am, or after 11.00 pm; activities outwith core hours may occur as ancillary; the sale of alcohol by retail for consumption off the premises would be ancillary to the sale of groceries and other non-food items.

 

The above would include deliveries made using the home delivery and e-commerce services, subject to compliance with Sections 119 and 120 of the Licensing (Scotland) Act 2005. The premises would also, on occasion, be used to launch new products, have product sampling and food tasting events and host family friendly membership evenings; and that the off-sales capacity be reduced from 8.8m2 to 6.6m2.

 

6

Morrisons 1 Afton Way Dundee DD4 8BR

Wm Morrisons Supermarkets plc

 

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to grant the variation to amend the operating plan to enable the applicant to provide restaurant facilities both within and outwith licensed hours.

 

II LICENSING (SCOTLAND) ACT 2005 STATEMENT OF LICENSING POLICY 2018-2020

 

There was submitted Report No 368-2018, advising the Board of the outcome of the public consultation on the proposed Statement of Licensing Policy 2018-2022 under Section 6 of the Licensing (Scotland) Act 2005.

 

The Board, agreed to adopt the revisals to the current Policy Statement set out in Paragraph 5.2 to 5.6 of the report, and further agreed that the Clerk be instructed to publicise the Policy in terms of the Licensing (Scotland) Act 2005.

 

III OCCASIONAL LICENCE APPLICATION

 

(i) APEX CITY QUAY HOTEL, 1 WEST VICTORIA DOCK ROAD, DUNDEE

 

The Board, having heard from an agent on behalf of the applicant, the Boards Legal Adviser and a representative from Building Control, agreed to grant the above application, subject to the applicant completing all outstanding building works to the specified standards and submitting all relevant documentation including a completion certificate.

 

(ii) BREWDOG, PANMURE STREET, DUNDEE

 

The Board, having heard from an agent for the applicant and the Boards Legal Adviser, agreed to grant the application.

 

IV PERSONAL LICENCE - NEW APPLICATION

 

(i) KASH GAFFAR

 

The Board agreed to defer consideration of this application until the February, 2019 Board meeting.

 

V PERSONAL LICENCE - REVIEW

 

(i) UMAIR ISHTIAQ

 

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.

 

VI PREMISES LICENCE REVIEW

 

(i) NO1S BAR & RESTAURANT, 5 WARD ROAD

 

The Board having heard from the applicant, the Chief Constables representative, Licensing Standards Officer and the Boards Legal Adviser, agreed to reinstate terminal hours at the premises to 2.30 am, subject to the condition that a Personal Licence Holder be on the premises from 10.00 pm onwards.

 

The Board further agreed that a further review be held at the January, 2019 Board meeting.

 

 

 

 

Stewart HUNTER, Convener.