Agenda item
Premises Licence Review Proposals & Review Hearings in terms of Section 37 and 38 of Licensing (Scotland) Act 2005
Minutes:
With reference to item 5 of the minute of meeting of 7 February 2012 wherein the Board resolved to vary the premises licences of those premises where payment of the annual fee remained outstanding to the effect that the trading hours were reduced to zero on the understanding that the variation would be effective until payment in full was made, the Board was advised that the fees still remained outstanding in respect of certain premises .
5.1 Premises – Jasmine’s, 25 Crown Terrace, Aberdeen
The Board was advised that the licence had been surrendered.
5.2 Premises – The Moonlight Bar, 690 King Street, Aberdeen
With reference to item 5.49 of the minute of meeting of 7 February, 2012, the Board having been advised that the annual licence fee remained outstanding resolved to vary the premises licence to the effect that the trading hours were reduced to zero on the understanding that the variation would be effective until payment in full was made.
The Board was further advised that the licence holder had failed to produce the licence as requested for variation, the premises were closed and no communication had been received from the licence holder.
The Board resolved:-
(i) to make a premises licence review proposal;
(ii) to hold a premises licence review hearing immediately; and
(iii) to revoke the licence.
5.3 Premises - The Waterwheel Inn, 203 North Deeside Road, Aberdeen
The Board was advised that the licence had been surrendered.
- MURIEL JAFFREY, Convener.
APPENDIX A
1. APPLICATION FOR GRANT OF PREMISES LICENCE
Premises – H1S Store, 66 Sunnybank Road, Aberdeen
Mr Dawson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
2. APPLICATION FOR GRANT OF PREMISES LICENCE
Premises – Jimmy Chung’s, 275 Stoneywood Road, Dyce, Aberdeen
Ms Patience, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
3. APPLICATION FOR GRANT OF PREMISES LICENCE
Premises – Piotr Pawel, 278 George Street, Aberdeen
Mr Dawson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
4. APPLICATION FOR GRANT OF PREMISES LICENCE
Premises – Ruth’s Corner Cabin, 78 Menzies Road, Aberdeen
Mr Falconer, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
5. APPLICATION FOR GRANT OF PREMISES LICENCE
Premises – Woodside Post Office, 439/441 Great Northern Road, Aberdeen
Mr Dawson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
6. APPLICATION FOR GRANT OF PROVISIONAL PREMISES LICENCE
Premises – Discount UK, Unit 4, Kittybrewster Retail Park, Aberdeen
Mr Wood, Solicitor, addressed the Board in support of the application. He also addressed the Board in respect of the local condition for providing a CCTV system which it imposes on premises which sell alcohol only for off-sale consumption.
The Board resolved:-
(i) to grant the application; and
(ii) to add a qualification to the CCTV condition as follows:- “the lip synchronised audio feed facility, as referred to in the Licensing Board’s Statement of Licensing Policy, will not apply in respect of these premises”.
7. APPLICATION FOR GRANT OF PROVISIONAL PREMISES LICENCE
Premises – Foundation, Carnegies Brae, Aberdeen
Ms Bywalec, Solicitor, addressed the Board in support of the application.
The Board resolved:-
(i) to grant the application; and
(ii) to impose the local conditions in respect of drugs policy, membership of radiolink and provision of door supervisors.
8. APPLICATION FOR GRANT OF PROVISIONAL PREMISES LICENCE
Premises – Nando’s, Unit 10, The Academy, Belmont Street, Aberdeen
The Board had before it a letter of objection from Grampian Police. Sergeant Skinner addressed the Board in support of the letter of objection. Mr Skinner, Advocate, addressed the Board in support of the application and in so doing amended the application by withdrawing that part which referred to the provision of off-sale facilities.
The Board resolved:-
to grant the application.
9. APPLICATION FOR GRANT OF PROVISIONAL PREMISES LICENCE
Premises – The Tippling House, Belmont Street, Aberdeen
The Board had before it letters of objection from Grampian Police and from a neighbour who was not present. Sergeant Skinner addressed the Board in support of the letter of objection from Grampian Police. Mrs Hood, thereafter addressed the Board in support of the application.
The Board resolved:-
(i) to grant the application; and
(ii) to impose that local conditions in respect of drugs policy, membership of radiolink and the provision of door supervisors with the following qualification namely that door supervisors are to be employed as follows:- from 2100 hours to 0300 hours on Fridays, Saturdays and Sundays (before a recognised local holiday) and from 2200 hours to 0200 hours from Sundays to Thursdays.
10. APPLICATION FOR GRANT OF PROVISIONAL PREMISES LICENCE
Premises – Yatai, 1 Albyn Terrace, Aberdeen
Mr Dawson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
11. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Aberdeenshire Cricket Club, Morningside Road, Aberdeen
Mr Cooper, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
12. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Auchmill Golf Club, Bonnyview Road, Heathryfold, Aberdeen
Mrs Duncan, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
13. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Bella Italia, Unit 6, Queens Links Leisure Park, Aberdeen
Mr Wood, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
14. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Bieldside Inn, 37 North Deeside Road, Bieldside, Aberdeen
Reference is made to item 3 of Schedule A of the minute of meeting of the Licensing Board of 7 February, 2012 wherein the Board resolved to continue consideration of the application until this meeting and in the interim to carry out a site visit of the premises.
As a preliminary point, Ms Robb, on behalf of the applicant requested that the Board hear no further submissions either from the applicant or the objectors but to proceed to determine the application.
Councillor Donnelly moved:-
that the Board do not hear the applicant and the objectors further in respect of the application.
Councillor Boulton moved as an amendment:-
that the Board hear the applicant and objectors further in respect of the application.
On a division there voted:- for the motion (7) – the Convener; and Councillors Cormie, Donnelly, Hunter, Penny, Robertson and John West; for the amendment (1) – Councillor Boulton; declined to vote (1) – Councillor Collie.
Councillor Boulton requested that her dissent in respect of this decision be minuted.
The Board thereafter proceeded to determine the application.
Councillor Donnelly moved:-
that the application be granted.
Councillor Boulton moved as an amendment:-
that the application be refused because the granting of the application would be contrary to the licensing objective preventing public nuisance.
On a division there voted:- for the motion (7) – the Convener; and Councillors Cormie, Donnelly, Hunter, Penny, Robertson and John West; for the amendment (1) – Councillor Boulton; declined to vote (1) – Councillor Collie.
The Board resolved:-
to grant the application.
15. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Clifton Convenience Store, 104 Clifton Road, Aberdeen
With reference to item 4 of Appendix A to the minute of meeting of the Licensing Board of 7 February, 2012 when the Board resolved to defer consideration of the of the application to allow the site notice to be displayed in accordance with the statutory provisions, the Board were informed that the site notice had now been correctly displayed.
The Board resolved:-
to grant the application.
16. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Deeside Golf Club, Golf Road, Bieldside, Aberdeen
Ms MacPherson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
17. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Illicit Still and Ryans, Netherkirkgate, Aberdeen
Ms Robb, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
18. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – La Bamba Restaurant, 23 Crown Terrace, Aberdeen
The Board had before it for its consideration six letters of objection all from neighbours. Only one of the objectors attended the meeting but chose not to address the Board.
Mr Dawson, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
19. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Masada Bar and Rusty Nail Lounge, 67 Rosemount Viaduct, Aberdeen
Mr Cameron addressed the Board in support of his application.
The Board resolved:-
to grant the application.
20. APPLICATION FOR VARIATION OF PREMISES LICENCE
Premises – Nigg Bay Golf Club, St. Fitticks Road, Aberdeen
Mr Marr, Secretary of the Club, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
21. APPLICATION FOR VARIATION ON TRANSFER
Premises – Beluga, 492 Union Street, Aberdeen
Ms Weir, Solicitor, addressed the Board in support of the application.
The Board resolved:-
to grant the application.
22. APPLICATION FOR PERSONAL LICENCE
Application Ref. No. 1/022
The Board resolved:-
to defer consideration of the application pending an appearance by the applicant.