Dundee City Licensing Board - 14/03/2024

At a MEETING of the LICENSING BOARD held remotely on 14th March, 2024.

 

Present:-

 

Bailie Christina ROBERTS

 

COUNCILLORS

 

Stewart HUNTER

Roisin SMITH

George McIRVINE

Ken LYNN

 

Daniel COLEMAN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Board of 15th February, 2024 was held as read.

 

Councillor Coleman declared an interest in Article I (2 and 4) of this minute by virtue of the agent for these matters being known to him in a personal capacity and took no part in the proceedings and withdrew from the meeting during its consideration.

 

I LICENSING (SCOTLAND) ACT 2005

 

(a) NEW GRANTS

 

No

Premises

Applicant

 

1

45 Hound Black Ltd

Unit 21

Tom Johnston Road

Dundee

45 Hound Black Limited

 

 

The Board, having heard from the applicant and the Board's Legal Adviser, agreed to grant the above application, subject to the condition that there are no commercial events or walk-in sales traffic at the location.

 

2

Retail Unit

6 South Victoria Dock Road

Dundee

Stephen E Thompson

 

 

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to grant the above application.

(b) VARIATIONS (MAJOR)

 

3

Mozza

13 Whitehall Street

Dundee

Wagamama Ltd

 

 

 

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to allow the variation to allow off-sales Monday to Saturday 10.00am to 10.00pm, to allow seasonal variations, to allow takeaway facilities, to allow a reduction in the capacity from 148 to 128, to allow a change in the layout and to the name change from Mozza to Wagamama.

 

 

News Food & Wine Plus

105 Turnberry Avenue

Dundee

Sumaira Asif

 

 

The Board, having heard from an agent on behalf of the applicant and the Board's Legal Adviser, agreed to allow the variation to increase the capacity from 27.62m2 to 32.86m2.

 

 

 

The Convener advised the Board that the current procedure for the collection of annual fees was that the Licensing Office would send a notice at the beginning of August each year containing details as to how to pay the annual fee and then, if no payment was forthcoming, a reminder was sent in September. Thereafter, any premises which had not paid were contacted by the Licensing Standards Officers in October and the following months before the final list of non-payers is submitted to the Board (usually in February) for consideration of whether to call hearings.

 

This leads to a considerable amount of work and delay, especially on the part of the Licensing Standards Officers, pursuing premises which had not paid despite receiving the reminder letter at the beginning of October.

 

The Convener proposed that if, after the expiry of the period in the reminder for payment to be made, the fee is still outstanding then all premises who were due the fee be referred to the Board at that stage to decide whether or not to call a hearing without the Licensing Standards Officers having to pursue the premises concerned.

 

The Board agreed accordingly.

 

III PREMISES LICENCE REQUEST FOR REVIEW

 

In accordance with Schedule 3, Para 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 2023. If people had failed to pay by the 1st October, 2023, then a second letter reminding them to pay immediately was sent out, a third letter was sent in November 2023. During the month of December 2023 and January 2024, LSOs contacted premises who had still failed to pay.

 

The Board agreed to revoke the premises licence in respect of the undernoted premises:-

 

(i) Ciao Sorrento, 19 Union Street

 

(ii) Keillors China Shop, 64 Seagate

 

(iii) Koyla Indian Restaurant, 42 Dock Street

 

(iv) The Balaka Restaurant, 115/117 Perth Road

 

IV STATEMENT FROM THE CONVENER EURO 2024 TOURNAMENT FINALS

 

The Convener noted that some licensed premises within the city were advertising events where the public would be able to watch the Euro 2024 Tournament finals on outdoor screens at their premises.

 

The Convener advised that relevant licensing approvals were required for such events, and urged premises licence holders to contact the Licensing Team to ensure that these approvals were obtained timeously. It was agreed by the Board that this also be advertised on social media and other relevant platforms.

 

 

 

 

Stewart HUNTER, Convener.