Dundee City Licensing Board - 18/04/2019

At a MEETING of the DUNDEE CITY LICENSING BOARD held at Dundee on 18th April, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 21st March, 2019 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from the Boards Legal Adviser, agreed to defer consideration of this application until the May meeting of the Board.

(b) VARIATIONS (MAJOR)

The Board, having heard from the Boards Legal Adviser, agreed to defer consideration of the application until the May meeting of the Board.

The Board, having heard from the Boards Legal Adviser, agreed to defer consideration of the application until the May meeting of the Board.

The Board, having heard from an agent on behalf of the applicant, the Boards Legal Adviser and the Licensing Standards Officer, agreed to grant a variation to allow young persons within the venue, prior to and during core hours at the discretion of the management, to allow the Sunday on-consumption opening time to change to 11am, to allow the off-consumption times to change to Monday-Sunday 11am-10pm, to allow dance facilities prior to and during core hours and to allow theatre productions and films to be shown prior to and during core hours.

The Board also noted that the capacity of the venue was 2,936 persons not 2,963 persons as had been stated in the application.

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer and the Boards Legal Adviser, agreed to grant a variation to add the following to the current musical consent - live bands/performances, karaoke to be allowed during core hours until midnight, automated music playback system to be used during and outwith core hours, live bands in the grounds of the club until 10pm during the annual charity beer and food festival consent; and that the Local Condition No 6 be removed as these premises were no longer a social club. To vary Sunday operating hours as per submitted operating plan, to allow off sales as per submitted operating plan, to allow conference facilities outwith core hours, to vary bar meals to outwith core hours, to vary receptions to outwith core hours, to vary club/group meetings to outwith core hours, to vary recorded music to outwith core hours, to vary dance facilities to outwith core hours, to allow indoor/outdoor sports during and outwith core hours, to vary televised sport to outwith core hours, to vary outdoor drinking facilities to 10pm daily, to amend why activities were outwith core hours, to remove the current wording in Condition 5(f) and replace as per operating plan, to vary access and timings for children and young persons, that the grounds to the entire sports facility be licensed to allow the sales to take place from numerous marquees and Teds Shed and also allow the consumption of alcohol during charity events and sports matches.

The Board, having heard from a representative on behalf of the applicant, a Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the variation to allow on sales and for the terminal hour to change to 1am, subject to the additional local condition that no activity take place in the Bowling Club between the hours of 1.15am and 7am.

The Board heard from the applicant, an agent on behalf of the applicant, a Licensing Standards Officer and the Boards Legal Adviser.

Thereafter, the Convener moved that the variation be granted as submitted, subject to the condition that the application be brought back to the June meeting to review the impact of any noise nuisance. As an amendment, Councillor Lynn moved that the variation be refused. On a division, there voted for the motion - Councillors Hunter, Alexander, Smith, Cruickshank and McIrvine (5); and for the amendment - Councillor Lynn (1) - whereupon the motion was declared carried and the variation granted, that Musical Entertainment, Condition 1 be amended to allow the following:

An automatic music playback system be installed comprising of Juke Box, Karaoke, TV and live musicians and vocalists in Bar and Lounge prior to and during core hours, to allow recorded music prior to core hours for the benefit of staff, to allow live performances in the form of karaoke and musicians/vocalists during core hours, and to allow receptions, eg, funeral parties, birthday parties during and prior to the core hours. For the avoidance of doubt, alcohol would not be sold/consumed prior to core hours.

II PREMISES LICENCE - MAJOR VARIATION APPLICATION UPDATE

(i) FORGANS, 234 BROOK STREET, BROUGHTY FERRY, DUNDEE

The Board agreed that no further action be taken in respect of this application.

III OCCASIONAL LICENCE APPLICATION

(i) OUTSIDE AREA AT FORMER CLYDESDALE BANK, NETHERGATE, DUNDEE

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

The Board, having heard from the applicant, a Licensing Standards Officer and the Boards Legal Adviser, approved the application for the period 12 noon Sunday, 5th May, 2019 to 11pm Sunday, 5th May, 2019, subject to the condition that the event held would be a silent disco only.

IV PERSONAL LICENCE - NEW APPLICATIONS

(i) SEAN BURNETT

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to defer this application to the May meeting of the Board.

(ii) KASH GAFFAR

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to defer consideration of this application until the June meeting of the Board.

V PERSONAL LICENCE - UPDATE

(i) STANLEY PETRIE

The Board, having heard from the Chief Constables representative, a Licensing Standards Officer and the Boards Legal Adviser, agreed that no further action be taken.

VI PERSONAL LICENCE - REVIEW HEARINGS

(i) HAYLEY BLACKLEY

The Board, having heard from the Chief Constables representative, and the Boards Legal Adviser, agreed to defer consideration of the review until the May meeting of the Board.

(ii) AYDIN DAG

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to defer consideration of the review until the August meeting of the Board pending the conclusion of ongoing court proceedings.

(iii) STEWART McTAGGART

The Board heard from the applicant, the Chief Constables representative and the Boards Legal Adviser.

Thereafter, the Convener moved that the grounds for a review had been met. As an amendment, Councillor Cruickshank moved that the grounds for a review had not been met. On a division, there voted for the motion - Councillors Hunter, Lynn, Smith and McIrvine (4); and for the amendment - Councillors Alexander and Cruickshank (2) - whereupon the motion was declared carried and it was agreed that the grounds for a review had been met.

Thereafter, Councillor Hunter moved that the applicants Personal Licence be revoked. As an amendment, Councillor Cruickshank moved that the applicants Personal Licence be endorsed.

On a division, there voted for the motion - Councillors Hunter, Lynn, Smith and McIrvine (4); and for the amendment - Councillors Alexander and Cruickshank (2) - whereupon the motion was declared carried and the applicants Personal Licence was revoked.

VII PREMISES LICENCE REVIEW

(i) ANTALIA, 3 WHITEHALL CRESCENT, DUNDEE DD1 4AR

The Board, having heard from the Chief Constables representative, a Licensing Standards Officer and Boards Legal Adviser, agreed to defer the Premises Licence review until the August meeting of the Board in order to establish if the premises were still operating as a licensed restaurant.

(ii) FAIRFIELD SPORTS AND SOCIAL CLUB, DRUMGEITH ROAD, DUNDEE DD4 0XJ

The Board, having heard from the Boards Legal Adviser, agreed that no further action be taken, as the application for review had been withdrawn.

Stewart HUNTER, Convener.