Dundee City Licensing Board - 26/11/2020

At a MEETING of the LICENSING BOARD held remotely on 26th November, 2020.

Present:-

BAILIES

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 29th October, 2020 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board, having heard from an agent on behalf of the applicant, and the Boards Legal Adviser, agreed to allow a variation to change Local Condition 1, to allow alcohol to be sold for consumption on the premises until 1am on Fridays and Saturdays, to allow access to children and young persons, to allow receptions during core hours and club/group meetings during and outwith core hours.

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to allow a variation to allow outdoor drinking facilities during and outwith core hours, and an amended layout plan to include an external drinking area, to amend the property description and seasonal variations, and also the additional conditions that the outdoor area be operated during the following hours: 11am to 9pm Monday to Saturday and 12:30pm to 9pm on Sunday during the months September to June and 11am to 10pm Monday to Saturday and 12:30pm to 10pm on Sunday during the months July and August, with no amplified music or vocals to be provided or performed in this external area.

II PAVEMENT CAFE APPLICATIONS

(i) GIDDY GOOSE, 2-8 PERTH ROAD, DUNDEE

This application was withdrawn.

(ii) TAYBRIDGE BAR, 127A PERTH ROAD, DUNDEE

The Board, having heard from the applicant, the Chief Constable's representative, a Licensing Standards Officer and the Board's Legal Adviser, agreed to defer the application to allow consultation with officers from City Development.

(iii) TRADES HOUSE, UNION STREET, DUNDEE

The Board agreed to defer the application.

III PREMISES LICENCE - REVIEW HEARINGS

(i) BALGAYHILL BAR, 1 ROSEFIELD STREET, DUNDEE

The Board heard from the licence holder, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser.

Thereafter, the Convener moved that the Board impose a four week suspension of the licence. As an amendment, Bailie Keenan moved that the Board issue a written warning. On a division, there voted for the motion - the Convener, Bailie Roberts and Councillors Alexander, Rome and Scott (5); and for the amendment Bailie Keenan and Councillors Lynn, McIrvine and Malone (4) - whereupon the motion was declared carried and a four week suspension imposed.

(ii) ALBERT BAR, 57 ALBERT STREET, DUNDEE

The Board, having heard from the licence holder, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed that a two month suspension be imposed.

(iii) GJS, 3638 MAINS ROAD, DUNDEE

The Board, having heard from the licence holder, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed that the licence be revoked.

(iv) DEXYS BAR, 4 ARBROATH ROAD, DUNDEE

The Board agreed to defer this review hearing.

V PERSONAL LICENCE REVIEW HEARINGS

(i) PAUL PATRICK MURPHY

The Board, heard from the licence holder, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser.

Thereafter, the Convener moved that the Board impose a written warning. As an amendment, Bailie Keenan moved that the Board take no further action. On a division, there voted for the motion - the Convener, Bailie Roberts and Councillors Alexander, Lynn, Rome and Scott (6); and for the amendment Bailie Keenan and Councillors McIrvine and Malone (3) - whereupon the motion was declared carried and a written warning was imposed.

(ii) ANDREW HENDRY

The Board, having heard from the licence holder, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to revoke the licence.

(iii) HELEN MONCRIEFF

The Board agreed to defer the review hearing.

VI PERSONAL LICENCE REQUESTS FOR REVIEW

(i) The Board agreed to hold a Personal License Review Hearing in respect of Calum Runciman.

Stewart HUNTER, Convener.