Dundee City Licensing Board - 12/12/2024

At a MEETING of the LICENSING BOARD held remotely on 12th December, 2024.

 

Present:-

 

COUNCILLORS

 

Heather ANDERSON	Roisin SMITH	George McIRVINE
Stewart HUNTER	Georgia CRUICKSHANK	Pete SHEARS
Ken LYNN		Daniel COLEMAN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Board of 21st November, 2024 was held as read.

 

Councillor Coleman declared an interest in Article I(3) of this minute by virtue of being a member of the Scottish Football Association and withdrew from the meeting during its consideration.

 

I LICENSING (SCOTLAND) ACT 2005

 

(a) VARIATIONS (MAJOR)

 

No	Premises	Applicant
1	71 Brewing Ltd The Ironworks 36-40 Bellfield Street Dundee	71 Brewing Ltd

 

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

 

2

Casa 158 Nethergate Dundee

Riverview (Dundee) Ltd

 

The Board, having heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Board's Legal Adviser agreed that the application be approved, subject to the conditions that approval would be for six two-day weekend events per calendar year from 1st January to 31st December, that the applicant must provide information to the Licensing Board at least eight weeks before the event takes place for approval by the Board, which would apply to all events, that the events would either be Friday/Saturday or Saturday/Sunday, that the music in the external area would cease at 7.00 pm, that the premises licence holder must give the Licensing Board full details of each event proposed to include but not limited to:-

 

(a) Dates

 

(b) Timings

 

(c) What the event is

 

(d) Security arrangements

 

(e) What type of music would be played

 

(f) Layout of the external area used for the event

 

(g) Capacity of the event

 

(h) If the event was to be ticketed;

that the applicant would be permitted to apply for extended hours to the external area for a maximum of two hours, this would allow music to be played for longer, however, if there were complaints received by either the Licensing Board/Licensing Standards Officers or Police Scotland, then no further extended hours would be permitted; that the television would be permitted to be on during the external areas hours of 9.00 pm or 10.00 pm, however, there would be no volume and no adult-type programmes with nudity or foul language; that sporting events would be permitted to be shown until 9.00 pm or 10.00 pm depending on the month. If, however, the sporting event was a major competition eg Champions League football, World Cups, European Cups, Major Golf Tournaments, Major Rugby Tournaments (no violence events such as Boxing or Ultimate Fighting Championships) etc, the applicant could apply for extended hours for the Semi-Final and Final. The volume would be permitted to be on at the major events but must be low level, however, if complaints relating to the conduct of the patrons, or the volume of the TV were made to the Licensing Board/Licensing Standards Officers or Police Scotland and were deemed genuine, then no further extended hours would be granted for such events. If complaints relating to the volume of the TV were made to the Licensing Board/Licensing Standards Officers or Police Scotland that were deemed genuine, then all permissions to have volume on at major sporting events would be revoked.

 

3

Downfield Football Club 129 Balgowan Avenue Dundee

David Beveridge

 

The Board, having heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Board's Legal Adviser, agreed to allow the variation to allow changes to the operating plan and layout plan, subject to the condition that all building control issues be resolved in respect of the premises.

 

II ON AND OFF-SALES, 104/110 NETHERGATE

 

The Board heard from an agent on behalf of the applicant, a Licensing Standards Officer and the Board's Legal Adviser. Thereafter, the Convener moved that the applications be granted, subject to the conditions that a person trained to the satisfaction of the Licensing Board in administering first aid must be present on the premises from 1.00 am (on any day when the premises were open at that time) until whichever is the earlier of (a) the time at which the premises next close; and (b) 5.00 am; that a designated person who was the holder of a personal licence must be present on the premises from 1.00 am (on any day when the premises are open at that time) until whichever is the earlier of - (a) the time at which the premises next close; and (b) 5.00 am, or such other time as the Licensing Board may specify, that there must be written policies in existence concerning:-

 

(a) The evacuation of the premises;

 

(b) The prevention of the misuse of drugs on the premises; and

 

that a CCTV system must be installed on the premises to the satisfaction of the Chief Constable and must be kept in good working order; that there must be persons responsible for checking on the safety and wellbeing of persons using any toilet facilities on the premises; that a person who holds a licence granted under Section 8 of the Private Security Industry Act 2001 must be positioned at every entrance to the premises from 1.00 am (on any day when the premises are open at that time) until whichever is the earlier of - (a) the time at which the premises next close; and (b) 5.00 am, or such other time as the Licensing Board may specify that 16/17 year old students who attend either a University or Dundee and Angus College may be permitted entry without the requirement to be accompanied by an adult for a student event, for the duration of the event. Matriculation cards must be checked on entry to ensure they are bona fide students, that 16/17 year olds be permitted access to the venue without the requirement to be accompanied by an adult when attending a live band performance or DJ night for the duration of the event, but no later than 11.00 pm; that 14/15 year olds attending a live band performance or DJ night must be accompanied by an adult for the duration of the event but no later than 11.00 pm; that Children and Young Persons (0-17) be permitted at a private function when accompanied by an adult for the duration of the event; that an age restriction notice (A4 in size) must be displayed at all entrances covering the points above for access to Children and Young Persons; that a Section 110 Notice shall be displayed at the bar area; that there must be a written age verification policy in place that all staff have signed and dated; that all staff must be trained as per the Staff Training Regulations 2007 (minimum of 2 hours) and the correct staff training from retained on the premises, and the additional conditions that wristbands/stamps be used by all patrons at live music events to distinguish between persons who were over/under 18 years and that the matter be reviewed by the Board in February, 2025, to include a site visit, to establish if the premises were operating effectively.

 

As an amendment, Councillor Lynn moved that the applications be granted, subject to the conditions that a person trained to the satisfaction of the Licensing Board in administering first aid must be present on the premises from 1.00 am (on any day when the premises are open at that time) until whichever is the earlier of (a) the time at which the premises next close; and (b) 5.00 am; that a designated person who was the holder of a personal licence must be present on the premises from 1.00 am (on any day when the premises are open at that time) until whichever is the earlier of - (a) the time at which the premises next close; and (b) 5.00 am, or such other time as the Licensing Board may specify; that there must be written policies in existence concerning:-

 

(a) The evacuation of the premises;

 

(b) The prevent of the misuse of drugs on the premises; and

 

that a CCTV system must be installed on the premises to the satisfaction of the Chief Constable and must be kept in good working order; that there must be persons responsible for checking on the safety and wellbeing of persons using any toilet facilities on the premises; that a person who holds a licence granted under Section 8 of the Private Security Industry Act 2001 must be positioned at every entrance to the premises from 1.00 am (on any day when the premises are open at that time) until whichever is the earlier of - (a) the time at which the premises next close; and (b) 5.00 am, or such other time as the Licensing Board may specify; that 16/17 year old students who attend either a University or Dundee and Angus College may be permitted entry without the requirement to be accompanied by an adult for a student event, for the duration of the event. Matriculation cards must be checked on entry to ensure they are bona fide students; that 16/17 year olds be permitted access to the venue without the requirement to be accompanied by an adult when attending a live band performance or DJ night for the duration of the event but no later than 11pm, that 14/15 year olds attending a live band performance or DJ night must be accompanied by an adult for the duration of the event but no later than 11.00 pm; that Children and Young Persons (0-17) be permitted at a private function when accompanied by an adult for the duration of the event; that an age restriction notice (A4 in size) must be displayed at all entrances covering the points above for access to Children and Young Persons; that a Section 110 Notice shall be displayed at the bar area; that there must be a written age verification policy in place that all staff have signed and dated; that all staff must be trained as per the Staff Training Regulations 2007 (minimum of two hours) and the correct staff training from retained on the premises, and the additional conditions and that the matter be reviewed by the Board in February, 2025, to include a site visit, to establish if the premises were operating effectively.

 

On a division, there voted for the motion - the Convener and Councillors Anderson, Smith, Cruickshank and Shears (5); and for the amendment - Councillors Lynn, McIrvine and Coleman (3) - whereupon the motion was declared carried and the applications granted, subject to the conditions outlined by the Convener.

 

III PERSONAL LICENCE - NEW APPLICATIONS

 

(i) STACEY REID

 

The Board, having heard from the Chief Constables representative, the applicant and the Boards Legal Adviser agreed to approve the application.

 

IV PREMISES LICENCE - REQUESTS FOR REVIEW

 

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, 2024. If people had failed to pay by the 1st October, 2024, then a second letter reminding them to pay immediately was sent out, a final email was sent in November, 2024. Licensing Standards Officers contacted premises who had still failed to pay.

 

The Board agreed to hold Premises Licence Review Hearings in respect of the undernoted premises:-

 

(i) Jahangir Restaurant, 1 Session Street

(ii) Sandbanks Brasserie, 594 Brook Street

(iii) Slawyanski, 236 Blackness Road

(iv) The Parlour Caf, 58 Westport

(v) Training Restaurant, Dundee and Angus, Kingsway Campus

 

V PREMISES LICENCE - NOTICE OF CONVICTION

 

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

 

(i) Asda Store 7-9 Derwent Avenue/Gillburn Road, Dundee

(ii) Asda Store Milton of Craigie Road North Longtown Road, Dundee

(iii) Asda Store, Kingsway West, Dundee

 

 

 

 

Stewart HUNTER, Convener.