Dundee City Licensing Board - 20/08/2020

At a MEETING of the LICENSING BOARD held remotely on 20th August, 2020.

Present:-

Bailie Kevin KEENAN

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 13th February, 2020 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANT(S)

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the above application, subject to the condition that the applicant surrender the licence for his previous premises.

The Board heard from the applicant, the Licensing Standards Officer and the Boards Legal Adviser.

Thereafter, the Convener moved that the application be refused. As an amendment, Bailie Keenan moved that the application be granted as submitted. On a division, there voted for the motion the Convener and Councillors Alexander, Lynn, Smith, Rome, Malone and Scott (7); and for the amendment Bailie Keenan and Councillor McIrvine (2) - whereupon the motion was declared carried and the application refused.

The Board heard from the applicant, the Licensing Standards Officer and the Boards Legal Adviser.

Thereafter, the Convener moved that the application be granted as submitted. As an amendment, Councillor Scott moved that the application be refused. On a division, there voted for the motion the Convener, Bailie Keenan and Councillors Smith, Rome, McIrvine, and Malone (6); and for the amendment Councillors Alexander, Lynn and Scott (3) - whereupon the motion was declared carried and the application granted.

Councillor Malone declared a non-financial interest in the above application by virtue of being related to one of the objectors, left the meeting and took no part in the debate.

The Board, heard from the applicant, the Licensing Standards Officer and the Boards Legal Adviser.

Thereafter, Councillor Smith 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 the Convener, Bailie Keenan and Councillors Smith, Rome, McIrvine, Malone and Scott (7); and for the amendment Councillor Lynn (1) - 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, the applicant, the Licensing Standards Officer and the Boards Legal Adviser, agreed to grant the above application.

The Board, having heard from the applicant, the Licensing Standards Officer, the Chief Superintendents representative and the Boards Legal Adviser, agreed to grant the above application.

(b) VARIATIONS (MAJOR)

The Board, having heard from an agent on behalf of the applicant, the Licensing Standards Officer and the Boards Legal Adviser, agreed to allow a variation to allow off-sales from Monday to Saturday 11am to 10pm and Sunday 12.30pm to 10pm, and to allow the delivery of meals and alcohol with delivery of meals, subject to local conditions being applied.

The Board, having heard from the Licensing Standards Officer and the Boards Legal Adviser, agreed to allow a variation to allow on-sales consumption on a Monday from 11am to 2pm and 5pm to midnight, to allow off-sales Monday to Sunday 11am to 2pm and 5pm to 10pm, to allow the delivery/collection/takeaway of food and alcohol from the premises during core hours, with alcohol only being available if a meal has been purchased.

The Board, having heard from the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to allow a variation to allow on-sales consumption to 1am on a Friday and Saturday, to allow access to children and young persons for the duration of private functions and when attending football matches at Tannadice and Dens Park.

II PAVEMENT CAFE APPLICATIONS

(i) HILL BAR, 267/271 HILLTOWN

The Board, having heard from an objector, the applicant, the Chief Constable's representative, the Licensing Standards Officer, and the Board's Legal Adviser, agreed to approve the application, subject to the conditions that there would be no access to the beer garden from the common close, that CCTV be installed for this area, that opening hours for this are be until 8pm, that no music be played in the beer garden, that steps be taken to minimise noise from patrons, that plastic glasses and bottles be used within the beer garden, that no smoking or vaping be allowed in this area and signage be displayed to confirm this and that all patrons must be seated within the beer garden area.

(ii) TAYVIEW HOTEL, 214 BROUGHTY FERRY ROAD

The Board, having heard from the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to approve the application, subject to COVID-19 conditions.

(iii) THE BARRELS, 43/45 STRATHMARTINE ROAD, DUNDEE

The Board, having heard from an agent on behalf of the applicant, the Chief Constable's representative, the Licensing Standards Officer, and the Board's Legal Adviser, agreed to approve the application, subject to the conditions that Building Control are satisfied with the safety of the scaffolding on site.

III APPLICATION FOR OCCASIONAL LICENCE REQUEST FOR VARIATION OF CONDITIONS

(i) THE EAGLE INN 155/159 KING STREET

The Board, having heard from an agent on behalf of the applicant, the applicant, the Licensing Standards Officer and the Board's Legal Adviser, agreed to retain the undernoted conditions in respect of the above application:-

(a) There will be no smoking or vaping in any of the licensed external areas. This is to ensure that there is no breach of the Licensing Objectives of Protecting and Improving Public Health, Preventing a Public Nuisance and Ensuring Public Safety. All customers wishing to smoke or vape must leave the external area and stand at least 3m away from the cordon. If a smoking area is provided, the licence holder must ensure that patrons maintain social distancing from those who are not members of their household.

(b) You must display a no smoking or vaping sign at the entrance to the licensed area to advise customers of this requirement under the occasional licence. If you have a large area, a number of no smoking or vaping signs must be utilised within the pavement cafe/outside area to remind customers of the conditions attached to the licence.

The Board further agreed to defer consideration of condition (c) until the next meeting of the Board to allow further discussions with Environmental Health Officers regarding suitable furniture for the pavement cafe at these premises.

IV PREMISES LICENCE REQUEST FOR REVIEW

The Board agreed to hold Premises Licence review hearings in respect of Balgayhill Bar and Ross Bar.

V PERSONAL LICENCE REQUEST FOR REVIEW

The Board agreed to hold Personal Licence review hearings in respect Paul Patrick Murphy, Lynn Mackie and Arsalan Haider.

Stewart HUNTER, Convener.