Dundee City Licensing Board - 22/04/2021

At a MEETING of the LICENSING BOARD held remotely on 22nd April, 2021.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Board of 19th February, 2021 was held as read.

I LICENSING (SCOTLAND) ACT 2005

(a) VARIATIONS (MAJOR)

The Board, having heard from an objector, an agent on behalf of the applicant, a Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to the variations to allow food and alcohol collection and deliveries to residential and businesses in Dundee and the surrounding areas and to remove the wording "Ancillary off-sales to patrons only" noting that delivery time would be between the hours of 12 noon-10pm and also subject to the local conditions for licensed premises for the sale and delivery of alcohol.

The Board, having heard from an objector, the applicant, a Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to the variations to allow off-sales consumption from 12 noon to 10pm Monday to Sundays, to allow recorded music during and outwith core hours, to change the premises name from "Castlehill Restaurant" to "Vanda & Co" and to change the description of the premises from "French Restaurant to "Restaurant and Bar", subject to the additional condition that children be permitted in the premises up to 8pm with an accompanying adult, that young people aged 16 and 17 be permitted in the premises with an accompanying adult and also subject to (i) the local conditions for licensed premises for the sale and delivery of alcohol and (ii) that off-sales be limited to the unfinished quantity of any wine or other bottled alcohol purchased for consumption with food on the premises and additionally any deliveries of alcohol must be part of a pre-ordered package including food.

The Board, having heard from an objector, the applicant, a Licensing Standards Officer and the Boards Legal Adviser, agreed to allow the variation to allow off-sales consumption from 10am to 10pm Monday to Sunday and also subject to the local conditions for licensed premises for the sale and delivery of alcohol.

I(A) PAVEMENT CAFE APPLICATIONS

(i) TAYBRIDGE BAR, 127A PERTH ROAD

The Board, having heard from an objector, the applicant, the Licensing Standards Officer, the Chief Constables representative and the Boards Legal Adviser, agreed to approve an occasional application for a period of two weeks to commence from 17th May, 2021 with a terminal hour of 9pm and subject to the conditions that a robust risk assessment be carried out with regards to the safety of patrons who are 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 that was situated on a live carriageway would require to be surrounded by clearly marked protective barriers that were visible to all road users at all times of the day and night, these protective barriers must not protrude beyond 1.8m from the curbside into the carriageway thus creating a road safety hazard and individual barriers be joined together to form a continuous barrier to the seating area and barriers be joined in a way that resists tampering and are capable of withstanding high winds and a vehicular collision, and a 6.6m parking space be reserved within the loading bay, directly opposite the Post Office to ensure access to the premises by delivery and cash in transit vehicles. It was further agreed that, prior to opening, the objector, applicant and Licensing Standards Officers would meet on site to discuss the measures to be put in place and that further occasional applications be considered at the meeting of the Board scheduled for 10th June, 2021.

II PREMISES LICENCE - REVIEW HEARING - NON-PAYMENT OF ANNUAL FEE

In accordance with Schedule 3, Paragraph 10 of the Licensing (Scotland) Act 2005, each premises licence holder must pay the annual fee by the 1st October each year. The Licensing Department by law, have to send a reminder letter out before the annual fee is due. This letter was sent out to the registered address of the premises or their legal agent during August, 2020. If people had failed to pay by the 1st October, 2020, then a second letter reminding them to pay immediately was sent out. During the month of January, 2021, LSOs contacted over 60 premises who had still failed to pay. The premises that had still not paid are listed below.

Normally LSOs would visit each premises or the registered address of the premises. However, due to COVID-19 restrictions, LSOs were not permitted to do this and attempts were made to either speak with the licence holder or if this failed a voicemail was left with the telephone number the department has on record.

Accordingly, the Board agreed to hold review hearings in respect of the undernoted premises:-

(i) ALBERT BAR, 57/59 ALBERT STREET

Having heard from the Licensing Standards Officer and the Board's Legal Adviser, it was noted that all fees had been paid therefore the Board agreed to take no further action.

(ii) CITY HARBOUR RESTAURANT, UNITS 3 AND 4, CITY QUAY

Having heard from the Licensing Standards Officer and the Board's Legal Adviser, it was noted that the annual fee had not been paid therefore the Board agreed to revoke the licence.

(iii) SHEZHAD GRILL HOUSE, 104 DURA STREET

Having heard from the Licensing Standards Officer and the Board's Legal Adviser, it was noted that the annual fee had not been paid therefore the Board agreed to revoke the licence.

III PERSONAL LICENCE - REVIEW HEARING

(i) FRANK FALCONER

The Board agreed to defer the review hearing until the meeting scheduled for 20th May, 2021.

Stewart HUNTER, Convener.