Dundee City Licensing Board - 14/02/2019

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 14th February, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 17th January, 2019 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board, having heard from an agent on behalf of the applicant, the Chief Constables representative, a Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the variation, subject to the conditions that the capacity inside the building did not exceed 202 persons at any one time, that staff regularly and robustly supervise the outside drinking area, there would be no recorded or live music (including DJs) permitted in the outside drinking area, that the terminal hour of outside drinking area would be 9.00 pm from September to June and 10.00 pm during the months of July and August, the amount of picnic type tables permitted in the outside area would not exceed 13 as shown on the layout plans, all persons must be seated in the outside drinking area whilst consuming alcohol, a notice be displayed in the area stating that patrons must be seated whilst consuming alcohol, there must be sufficient waste/cigarette waste ashtrays/bins in the outside area, the outside area be monitored by staff at regular intervals whilst it was in use, all empty drinking vessels be cleared from the outside area at regular intervals, at daily closure of the outside area staff clean up any waste and cigarette ends and dispose of these in a correct manner, and persons frequenting the outside drinking area not cause a public nuisance.

The Board, having heard from the applicant, a Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the variation to permit musical entertainment consisting of instrumental groups, vocalists (max two artists) and karaoke, that music would not be played past midnight from Monday to Sunday, the terminal hour be changed from midnight to 1.00 am Friday and Saturday, opening time to change on Sunday from 12.30 pm to 11.00 am; receptions, clubs or other group meetings be permitted during and outwith core hours and live performances take place during core hours. The Board further agreed that an update be given at the May Board meeting regarding the removal of the disabled toilet without the necessary Building Warrant having been obtained.

The Board, having heard from an objector, an agent on behalf of the applicant, and the Board's Legal Adviser, agreed to defer this application to the March Board meeting in order to allow the applicant to submit a further minor variation application relative to another Tesco premises in Dundee.

The Board, having heard from an objector, an agent on behalf of the applicant and the Board's Legal Adviser, agreed to defer this application to the March Board meeting in order to allow the applicant to submit a further minor variation application relative to another Tesco premises in Dundee.

II OCCASIONAL LICENCE APPLICATION

(i) DON MICHELE, 177-179 PERTH ROAD

The Board, having heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the application, subject to the conditions that staff members undertake a period of retraining on relevant matters, the licence holder be present at the premises during the hours of operation and that food hygiene issues particularly the replacement of the kitchen floor be resolved to the satisfaction of Environmental Health Officers.

III PREMISES LICENCE - MAJOR VARIATION APPLICATION UPDATE

(i) FORGANS, 234 BROOK STREET, BROUGHTY FERRY

The Board agreed to defer the update until the March Board meeting in order to allow the applicant to attend.

IV PREMISES LICENCE - REVIEW HEARING

(i) READING ROOMS, BLACKSCROFT

The review for Reading Rooms, Blackscroft was deferred to enable the licence holder to seek alternative legal representation.

(ii) ANATALIA, 3 WHITEHALL CRESCENT

The Board, having heard from the applicant, the Chief Constable's representative and the Board's Legal Adviser, agreed to defer the application until the April Board meeting to await the outcome of ongoing court proceedings.

(iii) HALDANE STORES, 7-11 HALDANE AVENUE

The Board, having heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Boards Legal Adviser, agreed that a verbal warning be issued in respect of the premises.

(iv) LIFESTYLE GROCERS, 141-145 SOUTH ROAD

The Board, having heard from a Licensing Standards Officer and the Board's Legal Adviser, agreed to defer the review to the March Board meeting to allow the applicant to attend.

V PERSONAL LICENCE - REVIEW HEARING

(i) GRANT GRIEVE

The review for Grant Grieve was deferred to enable the licence holder to seek alternative legal representation.

(ii) AYDIN DAG

The review for Aydin Dag was deferred to the April Board meeting pending the outcome of ongoing court proceedings.

VI PERSONAL LICENCE - NEW APPLICATION

(i) KASH GAFFAR

The Board, having heard from the Chief Constable's representative and the Board's Legal Adviser, agreed to defer the application pending the outcome of court proceedings.

(ii) ALESSANDRO DISANTO

The Board, having heard from the Boards Legal Adviser, agreed to refuse the application.

VII PERSONAL LICENCE - REQUEST FOR REVIEW

This item was withdrawn.

Stewart HUNTER, Convener.