Dundee City Licensing Board - 15/08/2019

At a MEETING of the LICENSING BOARD held at Dundee on 15th August, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 16th May, 2019 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Boards Legal Adviser, and having taken into account objections made, agreed to approve the application, subject to the following conditions:-

Regarding music levels:-

All amplified music and vocals shall be inaudible in the nearest residential accommodation, the premises will be permitted to play music via the following means - Automatic Music Playback System, Television, DJ, Bands and Vocalist (Acoustic only) apart from the two specified periods detailed below, the premises will have a fitted and working noise limiter and all music will not exceed 85 decibels. The noise limiter must be kept in a locked compartment that management has access to. If the noise limiter fails at any point, music shall not be played in the premises until it has been repaired. There are only two events throughout the year where DJs and amplified bands/vocalist will be permitted in both the interior and exterior of the premises. These are the Sunday of the Dundee Dance Event and the Saturday of Almost Blue. This entertainment will be permitted in the beer garden from midday until 7.00 pm and inside the building during core hours. During these specified events, all internal band instruments and DJs must be connected via the premises noise limiter and not to exceed 85 decibels. The bands and DJs in the beer garden must be monitored by the management by way of dedicated noise measuring equipment. They must carry out music noise checks around the locus of residential accommodation and again the music noise must not exceed 85 decibels at any location. A record must be kept of all dates, times and levels of exterior music noise during these two events and this must be retained and produced to a Licensing Standards Officer upon request, and if the Licensing Board, Licensing Standards Officers or Police Scotland receive a complaint from any local resident or business then the premises licence holder will be required to submit a minor variation to the premises licence removing the two specified music events in the outside drinking area before the next event. Failure to carry out this variation will result in a premises licence review;

During Trading Hours:-

Charge on entry - normal charge of 3.50 set for persons entering the premises after 12 midnight, all late night conditions must be imposed, all windows must remain closed whilst music is playing, all doors must remain closed at all times when music is playing unless they are being used by patrons/staff entering and exiting the building, door staff and management shall ensure that patrons keep any noise to a minimum whilst outside the premises so as not to cause a nuisance to local residents, private function means an exclusive invitation only event such as a birthday, wedding, christening etc, and is not an event to which any member of the public can simply turn up and attend. Private functions are not permitted to be advertised on the premises, licence holders social media accounts or that of associates of the premises licence holder, only plastic or polycarbonate drinking vessels will be permitted in the outside area except those containing drinks such as coffee/tea etc, there shall be no recorded or live music in the outside area apart from the two specified events above, and the outside area must cease being used by 9.00 pm September to June and 10.00 pm July to August. Management must control the behaviour of patrons using the outside area so as not to be a nuisance to local residents, and the premises has been granted terminal hours of 2.30 am Sunday to Thursday and 3.00 am on Friday and Saturday. These hours can only be used if the premises is providing DJ or acoustic music. If there is neither of this entertainment being provided, the premises on-sales hours must cease at 1.00 am;

Off-Sales:-

Alcohol off-sales are only permitted to be sold to patrons that have, on that day, partaken in a meal at the premises. Alcohol cannot be taken from the premises after 10.15 pm;

Children and Young Persons:-

The management will have strict policies in place concerning the welfare of children and young persons whist they are patrons of the venue, and children and young persons will not be permitted in the premises or outside area when the Dundee Dance Event or Almost Blue music events are in operation.

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

Thereafter, Councillor Alexander moved that the application be granted as submitted. As an amendment, Councillor Lynn moved that the application be refused. On a division, there voted for the motion - Councillors Alexander, Smith, Rome, McIrvine, Cruickshank and Scott (6); and for the amendment - the Convener and Councillor Lynn (2) - Councillor Malone being absent when the vote was taken - whereupon the motion was declared carried and the application granted.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to defer consideration of this application until the September, 2019 meeting of the Board.

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

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer and the Board's Legal Adviser, agreed to approve the application subject to the condition that children and young persons under the age of eighteen only be permitted within the premises if they were consuming a meal.

(b) VARIATION (MAJOR(S))

The Board, having heard from the applicant, the Licensing Standards Officer and the Board's Legal Adviser, agreed to allow a variation to allow alcohol to be sold for consumption off the premises until 10 pm and a change of premises name from Charleston Supersavers to Charleston Convenience.

The Board heard from an agent on behalf of the applicant, an objector, the Licensing Standards Officer and the Board's Legal Adviser.

Thereafter, the Convener moved that the variation be granted as submitted, to allow an increase in off‑sales capacity from 4.4m2 to 4.5m2. As an amendment, Councillor Lynn moved that the variation be refused. On a division, there voted for the motion - the Convener, Councillors Alexander, Smith, McIrvine, Cruickshank and Scott (6); and for the amendment - Councillors Lynn and Rome (2) -Councillor Malone being absent when the vote was taken - whereupon the motion was declared carried and the variation granted as submitted.

The Board, having heard from the Board's Legal Adviser, agreed to note that this item had been withdrawn by the applicant from consideration.

III MAJOR VARIATION - UPDATE

(i) TAYBRIDGE BAR, 127A/129 PERTH ROAD, DUNDEE DD1 4JD

The Licensing Board granted the above-mentioned application at its meeting on 18th April, 2019 but agreed to recall it to a future Board meeting for an update. The original comments from the Licensing Standards Officer dated 15th March, 2019 and the objection received 5th March, 2019 were noted by the Board.

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer, the Chief Constable's representative and the Board's Legal Adviser, agreed that no further action be taken.

IV OCCASIONAL LICENCE APPLICATION

(i) HILL BAR, 267-271 HILLTOWN, DUNDEE DD3 7AP

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer and the Board's Legal Adviser agreed to grant the occasional application for an external seating area, subject to the local condition that polycarbonate glasses be used in the external seating area and that all patrons be seated at all times in the external seating area.

V PREMISES LICENCE REVIEW

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

The Board, having heard from the Chief Constables representative, the Licensing Standards Officer, and Boards Legal Adviser agreed that the grounds for a review had been met and that the premises licence be revoked.

VI PERSONAL LICENCE - NEW APPLICATIONS

(i) KASH GAFFAR

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to defer consideration of this item until the October, 2019 meeting of the Board.

(ii) REBECCA DRUMMOND

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed to grant the application.

VII PERSONAL LICENCE - RENEWAL APPLICATIONS

(i) MARK G J McGURTY

The Convener declared an interest in this item by virtue of knowing the applicant and vacated the Chair. It was agreed that Councillor Lynn be appointed as Convener for this item.

The Board, having heard from the Boards Legal Adviser, agreed to defer this application until the September, 2019 Board meeting.

(ii) TAHIR RAMZAN

The Board noted that this renewal application had been withdrawn.

VIII PERSONAL LICENCE - REVIEW

(i) AYDIN DAG

The Board, having heard from the Chief Constables representative and the Boards Legal Adviser, agreed that the grounds for a review had been met and that the personal licence be revoked.

(ii) CALUM FRASER

The Board, having heard from the Chief Constables representative, and the Boards Legal Adviser, agreed to endorse the licence.

IX PERSONAL LICENCE - REQUEST FOR REVIEW

The Board agreed to hold Personal Licence review hearings in respect of Meifang Chen, Scott Kelly and Hayley Blackley.

X PREMISES LICENCE - REQUEST FOR REVIEW

The Board agreed to hold Premises Licence review hearings in respect of Abode and The Underworld Cafe.

Stewart HUNTER, Convener.

Ken LYNN, Convener (Article VII(i)).