Dundee City Licensing Board - 17/12/2020

At a MEETING of the LICENSING BOARD held remotely on 17th December, 2020.

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 26th November, 2020 was held as read.

Prior to the commencement of business, the Convener paid tribute to the former Chair of Dundee Licensing Forum, Sandy Kingston, who had recently passed away.

I LICENSING (SCOTLAND) ACT 2005

(a) NEW GRANTS

The Board, having heard from an agent on behalf of the applicant and the Boards Legal Adviser, agreed to defer consideration of the application to the January, 2021 Board meeting to allow further legal advice to be taken in respect of a submission received from the applicant and to allow the Boards Legal Adviser to prepare a response thereto.

(b) 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 allow the sale of alcohol for consumption off the premises from 11 am on Sundays, to allow access to children and young persons aged 5 to 17 from 8 am to 8 pm when accompanied by an adult for the purpose of having a meal.

II PAVEMENT CAFE APPLICATIONS

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

The Board, having heard from the applicant, the Chief Constable's representative and the Board's Legal Adviser, agreed to approve the application for a Pavement Cafe, subject to the conditions that a robust risk assessment be carried out with regards to the safety of patrons who would be utilising the pavement cafe on the road, the temporary outside seating areas must be clearly separated and protected from both pedestrian and vehicular traffic, maintaining a clear passageway along the footpath for pedestrian and wheelchair users. Any temporary outside seating placed on the carriageway would require protective barriers to separate the area from the live traffic and the barriers proposed would require the approval of Roads and Transportation, Network Management Team for placement on the carriageways and footpaths, any temporary seating area situated on a live carriageway would require to be surrounded by clearly marked protective barriers that would be visible to all road users at all times of the day and night. These protective barriers must not protrude beyond 1.8 metres from the curb side into the carriageway, thus creating a road safety hazard and individual barriers should be joined together to form a continuous barrier to the seating area. Barriers should be joined in a way that resists tampering and are capable of withstanding high winds and a vehicular collision and that a 6.6 metre parking space must be reserved within the loading bay, directly opposite the Post Office to ensure access to the premises by delivery and cash in transit vehicles.

(ii) TRADES HOUSE, UNION STREET, DUNDEE

The Board agreed to defer the application.

III OCCASIONAL LICENCE APPLICATION

(i) PAULINA ABRAMOWICZ, FOOD PLUS U MATEUSZA, UNIT 2, 138 HIGH STREET, LOCHEE, DUNDEE

The Board heard from the applicant on their own behalf, the Licensing Standards Officer and the Boards Legal Adviser.

Thereafter, Councillor Cruickshank moved that the application be approved noting that this was being granted for the festive period only. As an amendment, the Convener moved that the application be refused. On a division, there voted for the motion - Councillors Cruickshank, McIrvine and Malone (3); and for the amendment - the Convener, Bailie Roberts and Councillors Rome and Scott (4) - whereupon the amendment was declared carried and the application refused.

IV PREMISES LICENCE - REVIEW HEARINGS

(i)                            DEXYS, 4/6 ARBROATH 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 an eight week suspension be imposed, subject to the condition that CCTV be installed prior to the end of the suspension period and before the premises is reopened.

V PERSONAL LICENCE - REVIEW HEARINGS

(i)                            HELEN MONCRIEFF

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

VI PREMISES LICENCE - NOTIFICATION OF CONVICTION

The Board agreed to note the information provided in relation to the undernoted premises licences and that no further action be taken in the meantime:-

Stewart HUNTER, Convener.