THE CITY OF LICENSING BOARD

MINUTES OF MEETING

MONDAY 24th SEPTEMBER 2012

Members present: Councillors Milligan (Convener), Barrie, Booth, Bridgman, Cook, Mowat, Work

Apologies: Councillor Walker

1. Minutes of meeting of 27th August 2012

The minutes of the meeting of 27th August 2012 were considered and approved.

2. Licensing Board meetings – Rules for 2012/13

Under reference to item 2 of the minutes of the Board meeting of 27th August 2012, the Depute Clerk circulated a report, confirming the outcome of previous discussions regarding the Board’s set of Rules for Meetings.

Members noted the recommendation contained in the report and agreed to adopt the rules as set out in the annex to the report, confirming meeting dates up until 29th July 2013.

3. Licensing () Act 2005 – section 12A – Annual Report from Chief Constable to March 2012

The Chief Constable’s representative, Sergeant Hazel Leslie, referred the Board members to the terms of the Chief Constable’s annual report, for the period April 2011 to March 2012. In narrating the report she confirmed the following:

• an overview of the Lothian and Borders policing area of responsibility; • a summary of the policing work undertaken in connection with the operation of the 2005 Act; • details of partnership working undertaken by the police, including references to the “Best Bar None” scheme, UNIGHT, Pub Watch, ELSI (the Edinburgh Licensing Standards Initiative) and other, specific divisional operations carried out throughout the reporting year; • training and development, in relation to Lothian and Borders police officers and at national level;

In addition, Sergeant Leslie provided details of the Chief Constable’s views on policing in connection with the operation of the 2005 Act for the next year, considering matters such as:

• the Edinburgh Drug and Alcohol Strategy; • Test purchasing; • continuation of the Best Bar None scheme; • ACPOS considerations of the use of police intelligence in relation to reports to the Board;

Finally she set out the Chief Constable’s views on the prevention of sale of alcohol to children and young persons. She confirmed the police strategy of prevention,

intervention and enforcement, as appropriate. Sergeant Leslie set out details of test purchase operations conducted, and details of proposed activity to be carried out over the next year in relation to children and young persons.

Board members noted the terms of the report and asked a number of questions by way of clarification of its contents.

4. Licensing (Scotland) Act 2005 – list of applications, representations etc

The Board considered a number of applications for Personal Licences, variations of existing Premises Licences and applications for new Premises Licences.

The Board resolved that the various applications would be determined as set out in the decision list, prepared separately and to be appended to these minutes.

5. Licensing (Scotland) Act 2005 – sections 37 and 44 – Premises licence review proposal – various premises – Asda Stores Limited

The Depute Clerk circulated a report, advising of the requirement in terms of section 44 of the 2005 Act for a premises licence review proposal, following a notification of conviction for a relevant offence, acquired by Asda Stores Limited.

Sergeant Leslie narrated the details of the Chief Constable’s notice, confirming the conviction details. The agent appearing for Asda Stores Limited provided the Board with a detailed narration of the circumstances surrounding the offence which had led to the conviction.

After due consideration the Board confirmed that it was satisfied that the conviction details did not disclose grounds for review of the premises licence, and resolved to take no further action.

6. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application (continued) – 1-3 Angle Park Terrace, Edinburgh

Under reference to item 13 of the minutes of the Board meeting of 30th July 2012, the Depute Clerk circulated a report advising of a continued application for review of the premises licence for 1-3 Angle Park Terrace, submitted by Mr Graham Mackenzie.

Mr Mackenzie was present to speak to the terms of his application. Stuart Kelly was in attendance from Messrs , on behalf of the premises licence holders, together with the management from the premises.

Martin Rich narrated the terms of the LSO report prepared in respect of the review application. He advised that at the time of preparation of the report it had been understood that there was to be acoustics testing carried out at the premises, and this was now confirmed as having been arranged for Friday 28th September 2012.

The Board then heard from Mr Mackenzie who referred in detail to the terms of his review application, confirming the reasons for having made the application and the grounds upon which it was based. He invited the Board to consider that grounds for review of the licence had been established and asked that the Board consider taking action to restrict the premises licence.

Mr Kelly confirmed that acoustic testing was to be carried out at the premises in the morning of 28th September and that this arrangement had been agreed with Mr

Mackenzie. On that basis, he suggested that the Board might wish to consider a continuation of the review application, to allow for reporting on the outcome of the acoustics testing.

After due consideration the Board agreed to a continuation of the review application.

7. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application (continued) – Caledonian Cash and Carry Limited premises, Edinburgh

Under reference to item 8 of the minutes of the Board meeting of 27th August 2012 the Depute Clerk circulated a report confirming a continued application for review of the four separate premises licences held by Caledonian Cash and Carry Limited, at the request of the Chief Constable. The Depute Clerk reminded the Board that the review application had been continued to await further information in relation to pending court matters, and that the Board had in the meantime made a section 84 finding in relation to Omar Tariq, premises manager at the 673 Ferry Road premises.

Alistair Macdonald was present together with representatives from Caledonian Cash and Carry Limited.

The Depute Clerk advised the Board that a further application for review of the premises licences had been submitted by HMRC, having been received towards the end of the previous week. That application had only just been intimated to Mr Macdonald. The Depute Clerk advised the Board that on that basis it would not be appropriate to proceed with the second review application at this stage. He advised the Board that the Chief Constable’s application for review remained outstanding and that it would be open to the Board either to proceed with consideration of that application in isolation or to consider all matters at its next available meeting.

The Board members considered the options available to them in some detail. Following further representations made by Mr Macdonald on his clients’ behalf, the Board agreed to continue consideration of the Chief Constable’s application for review, to be addressed together with the HMRC application at a later date.

8. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application (continued) – 10 Beaufort Road, Edinburgh

Under reference to item 12 of the minutes of the Board meeting of 27th August 2012 the Depute Clerk circulated a report to the Board, reminding members of a continued application for review of the premises licence for 10 Beaufort Road submitted by the Chief Constable.

Sergeant Leslie narrated the terms of the review application. The Board members then heard from the premises licence holders in response to the terms of the application. The Board considered that grounds had been established which justified a hearing on the review application.

After detailed consideration of the representations made by the premises licence holders, the Board were satisfied that grounds for review had been established which necessitated suspension of the premises licence.

The Convener, seconded by Councillor Booth, moved that the suspension should be for a period of two weeks. Councillor Bridgman, seconded by Councillor Mowat, moved that suspension should be for a period of three months. Following a division,

the Board resolved to suspend the premises licence for a period of three months, with immediate effect.

9. Licensing (Scotland) Act 2005 – section 84 – Personal licence hearing (continued) – Jacqueline Brown

Under reference to item 13 of the minutes of the Board meeting of 27th August 2012, the Depute Clerk circulated a report reminding Board members of the requirement for a continued personal licence hearing, arising from review of the premises licence for 73 Gorgie Road.

The Board noted that Ms Brown was not present and agreed to proceed with a hearing in her absence. The Board considered that grounds had been established which necessitated revocation of Ms Brown’s personal licence.

10. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application – 96-98 Leith Walk, Edinburgh

The Depute Clerk circulated a report advising the Board of an application for review of the premises licence submitted by the Chief Constable.

Sergeant Leslie narrated the terms of the review application. The Board was also invited to note the terms of an LSO report prepared in respect of the review application.

Niall Hassard from Messrs Lindsays Solicitors was present together with Jim McDougall from Punch Partnership Limited, the premises licence holders. Also present were Jo and Andrew Singh, the leaseholder and premises manager respectively.

Following detailed representations made by Mr Hassard and after noting additional comments from Mr McDougall and Ms Singh, the Board considered that grounds for review of the premises licence had been established, which necessitated suspension and variation of the premises licence. The Board resolved to suspend the premises licence for a period of three weeks, with immediate effect. The Board also directed that a condition would be added to the premises licence requiring the installation and maintenance of an appropriate CCTV system at the premises.

During the course of the review hearing the Board made a finding that both Ms Singh and Mr Singh as personal licence holders had acted in a manner inconsistent with the licensing objectives and that separate section 84 hearings would be required, at a future Board meeting.

11. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application – 120-122 Portobello High Street, Edinburgh

The Depute Clerk circulated a report advising of an application for review of the premises licence, submitted by the Chief Constable.

David Crank from Messrs DWF Solicitors was present on behalf of Martin McColl Limited, the premises licence holders. He was accompanied by one of the company’s area managers, William Murray.

Sergeant Leslie narrated the terms of the Chief Constable’s application for review. The Board then heard in detail from Mr Crank, who advised the Board of the steps

taken by his clients to try and address the matters referred to in the review application.

After detailed consideration of the representations made, the Board reached the view that having particular regard to the preventative measures put in place by the premises licence holders, grounds for review of the premises licence had not been established and resolved to take no further action.

12. Licensing (Scotland) Act 2005 – section 36 – Premises licence review application – 45 St Patrick Square, Edinburgh

The Depute Clerk circulated a report, confirming an application for review of the premises licence as submitted by the Chief Constable.

Alistair Macdonald was present on behalf of the premises licence holder, together with Mrs Joginder Prabhaker-Parkash and Gurnam Singh, the premises licence holder and putative premises manager respectively. Mr Macdonald confirmed that Mr Singh was in the process of completing personal licence holder training with a view to applying for a licence, to enable him then to become designated premises manager.

After detailed consideration of the representations made, the Board considered that grounds had been established which necessitated review of the premises licence. The Board considered that it was necessary, having regard to the licensing objectives, to vary the hours of operation of the premises, with the terminal hour for Sundays, Tuesdays, Wednesdays and Thursdays being amended to 12.00 midnight, from 1.00am.

Councillor Eric Milligan Convener

THE CITY OF EDINBURGH LICENSING BOARD LICENSING (SCOTLAND) ACT 2005 PERSONAL LICENCE APPLICATIONS

24 September 2012

No Reference Applicant Agent Details Remarks Decision

1. 12/13797 Sandi Margaret Betts Scotmid CCO CONTINUE TO Hillwood House OCTOBER 2 Harvest Drive Newbridge EH28 8QJ

2. 12/13222 Euan McColm Caledonian Heritable Ltd. CCO GRANTED 4 Hope Street Edinburgh EH2 4DB

THE CITY OF EDINBURGH LICENSING BOARD LICENSING (SCOTLAND) ACT 2005 NOTICE OF CONTINTUED APPLICATIONS – VARIATION OF PREMISES LICENCE APPLICATION 24 SEPTEMBER 2012

No Reference Applicant Agent Details Premises On Off On & Remarks Decision Sale Sale Off Sale 3. 12/09957 Highrange UK Macdonald Licensing 24 - 26 Calton Road Y N N Amend amplified REFUSED Limited Solicitors Edinburgh music condition 21a Rutland Square EH8 8DP CCO Edinburgh SFC EH1 2BB (Studio 24) O SUPPORT 4. 12/08853 Glendola L-POS Limited 26 George Iv Bridge N N Y Include outdoor CONTINUED TO Leisure Alta Vista Edinburgh drinking facilities and OCTOBER (Holdings) 24 Moorfield Road EH1 1EN include roof terrace Limited Gourock as part of the Inverclyde (Frankensteins) licensed area. PA19 1DD CCO SFC BSR O 5. 12/12035 Breken Inns (No Macdonald Licensing 163 Portobello High Y N N Amend on sale REFUSED 2) Limited Solicitors Street hours from 7am to 21A Rutland Square Edinburgh 11pm Monday to Edinburgh EH15 1EU Saturday inclusive EH1 2BB CCO (The Central Bar) SFC BSR O

THE CITY OF EDINBURGH LICENSING BOARD LICENSING (SCOTLAND) ACT 2005 NOTICE OF APPLICATIONS – VARIATION OF PREMISES LICENCE APPLICATION 24 SEPTEMBER 2012

No Reference Applicant Agent Details Premises On Off On & Remarks Decision Sale Sale Off Sale 6. 12/13850 Robert Nelson Macdonald Licensing Bonnington House N N Y Add organised walks GRANTED Wilson Solicitors Steading and exhibitions within 21a Rutland Square Bonnington licensed area, may Edinburgh Kirknewton include food/drinks EH1 2BB EH27 8BB CCO (Jupiter Artland) BSR 7. 12/13541 Castlegate Niall Hassard 1 Boswell's Court N N Y Increase hours on a CONTINUED Investments C/o Lindsays WS Edinburgh Sunday to TO OCTOBER Limited Caledonian EH1 2NF commence from 12 Exchange noon 19a Canning Street (The Witchery By CCO Edinburgh The Castle) SFC EH3 8HE 8. 12/12877 Eusaco Lindsays 13 Bristo Square N N Y Amend wording for CONTINUED Premises Caledonian Edinburgh basement bar and TO OCTOBER Limited Exchange EH8 9AJ roof top beer garden 19A Canning Street external areas Edinburgh (Teviot Row House) CCO EH3 8HE BSR 9. 12/13708 Signature & 15 Castle Street N N Y Include live GRANTED Strada 15 Atholl Crescent Edinburgh performances during Restaurants Edinburgh EH2 3AH core hours; include Limited EH3 8HA certain activities (Strada) outwith core hours; include access for children/young persons' from 9am Monday to Sunday CCO 10. 12/13501 Plaingrain Lindsays 13 Duke Street N N Y Amend on sales GRANTED Limited Caledonian Edinburgh hours on Thursday's Exchange EH6 8HG to allow continuous 19A Canning Street opening - new hours Edinburgh (The Marksman) - 06:00 - 22 :00 hrs EH3 8HE CCO SFC 11. 12/13851 Cocktailpartydud Macdonald Licensing 260 - 262 Leith Walk N N Y Transfer, increase on CONTINUED Limited Solicitors Edinburgh sale to 1am, include TO OCTOBER 21A Rutland Square EH6 5EL bar meal, outdoor Edinburgh drinking, EH1 2BB (Balfour Bar) cocktail/wine classes, quiz nights, art exhibitions, festival venue, poetry readings, live DJs as activities. Remove TV sports, indoor/outdoor sports and gaming as activities. Amend layout play to show outdoor dinking area. CCO BSR O 12. 12/13872 Bottoms Up Caroline Loudon Bottoms Up Y N N Increase licensed REFUSED Show Bar Agent For Applicant 93 Lothian Road hours to 3am daily Limited C/o Lindsays WS Edinburgh CCO Caledonian EH3 9AW SFC Exchange (Bottoms Up Show BSR 19a Canning Street Bar) O Edinburgh EH3 8HE 13. 12/13223 West Port Caledonian Heritable 14 - 16 Market Street Y N N Amend on sale core GRANTED Management UK Ltd. Edinburgh hours Monday to Ltd 4 Hope Street EH1 1DE Saturday from 11am Edinburgh to 9am to cater for EH2 4DB (The Doric Tavern) breakfasts and local shift workers CCO SFC 14. 12/13097 The Morningside Brian Beveridge 3 Morningside Park Y N N Increase on sales CONTINUED Club 35 Mayfield Road Edinburgh hours TO OCTOBER Edinburgh EH10 5HD CCO EH9 2NQ (The Morningside Club) 15. 12/13897 Angle Park Macdonald Licensing 2 Oxgangs Bank N N Y Allow accompanied GRANTED Leisure Limited Solicitors Edinburgh children and young 21A Rutland Square EH13 9JT persons into the Edinburgh raised area within bar EH1 2BB (Good Companions) until 17:00 hrs if having a meal. CCO 16. 12/13852 The Partnership Macdonald Licensing 7 Parsons Green N Y N To increase off sale GRANTED Of Muhammad Solicitors Terrace hours to 22.00 daily Touseef Raza 21a Rutland Square Edinburgh CCO And Aziz Edinburgh EH8 7AN BSR Mustafa EH1 2BB (Life Style Express) 17. 12/13686 Co-operative Hill Brown Licensing 43 Pennywell Road N Y N Amend store trading GRANTED Group Food 3 Newton Place Edinburgh hours Limited EH4 4QR CCO G3 7PU BSR (The Co-operative Food) 18. 12/13824 Caledonian Caledonian Heritable 88 Portobello High Y N N Amend on sale core REFUSED Heritable Limited Ltd. Street hours. 4 Hope Street Edinburgh CCO Edinburgh EH15 1AN SFC EH2 4DB O (The Galleon) 19. 12/13540 Priestfield House Lindsays Unit 2 Y Y Y Change Sunday CONTINUED Hotel Limited Caledonian 71 Priestfield Road commencement hour TO OCTOBER Exchange Edinburgh to 12:00 Hrs 19A Canning Street EH16 5HX CCO Edinburgh (Prestonfield House SFC EH3 8HE Hotel) O 20. 12/13890 Raymond Lindsays 45 - 47 Ratcliffe N N Y Increase hours to CONTINUED Donald Simpson Caledonian Terrace 1am Mon to Wed. TO OCTOBER Exchange Edinburgh Include seasonal 19A Canning Street EH9 1SU variations, Edinburgh conferences, EH3 8HE (Leslies) restaurant, recorded music, theatre, films, indoor/outdoor sports, outside drinking, bar meals, club meetings, live performances, televised sport outwith core hours. Include karaoke and other performances and BBQs. Allow children and young persons. Change manager. CCO SFC BSR 21. 12/13609 Co-operative Hill Brown Licensing 49 - 61 Shandwick N Y N Increase GRANTED Group Food 3 Newton Place Place commencement and Limited Glasgow Edinburgh terminal hours in G3 7PU EH2 4SD other activities. CCO (The Co-operative BSR Food) 22. 12/13652 Mitchells & Hill Brown Licensing 4 South Charlotte N N Y Commence on sale GRANTED Butlers Retail 3 Newton Place Street hours Monday to WITH Limited Glasgow Edinburgh Saturday 9am; AMENDMENT – G3 7PU EH2 4AW include children CHILDREN TO CCO 8 PM (Shandwick's) SFC 23. 12/13935 Joanne Blue Semple Fraser WS 3 - 5 Viewforth N N Y Transfer, change GRANTED Paw LLP 80 George Street Edinburgh manager and Edinburgh EH10 4JD increase off sale and EH2 3BU on sale hours (Three Birds Restaurant) 24. 12/12653 Heritage Morton Fraser 2 Warriston's Close N N Y Amend GRANTED – ON Projects Limited 30 - 31 Queen Street Edinburgh commencement and SALE 10AM Edinburgh EH1 1PG terminal hours, add EH2 1JX seasonal variations, (The Real Mary add activities outwith King's Close) core hours, amend children’s access. Internal reconfiguration. CCO SFC 25. 12/13861 Select Service Lindsays WS Unit 1 N Y N Increase alcohol GRANTED Partner Limited Caledonian Waverley Station display area. Exchange 4 Waverley Bridge CCO 19a Canning Street Edinburgh BSR Edinburgh (Whistlestop) EH3 8HE

LICENSING (SCOTLAND) ACT 2005 NOTICE OF CONTINUED NEW APPLICATIONS FOR PREMISES LICENCE APPLICATION 24 SEPTEMBER 2012

No Reference Applicant Agent Details Premises On Off On & Remarks Decision Sale Sale Off Sale 26. 12/10525 Sainsbury's Shepherd & 81 - 85 Dundee No Yes No CCO CONTINUED TO Supermarkets Wedderburn WS Street BSR OCTOBER Limited 1 Exchange Crescent Edinburgh NHS Conference Square EH11 1AW O Edinburgh Continued to EH3 8UL (Sainsbury's Store) 29 October 2012 27. 12/10000 Emre Sarher 51- 52 George IV Yes No No CCO GRANTED WITH Bridge SFC MUSIC Edinburgh BSR CONDITION EH1 1EJ

(Uncles) (Provisional) 28. 12/10001 Mukta Hussain 1 - 1A Leven Street Yes No No CCO GRANTED WITH Edinburgh SFC MUSIC EH3 9LH BSR CONDITION AND O VARIOUS (Tuk Tuk) AMEMDMENTS (Provisional) 29. 12/05475 Margaret 18 Teviot Place No Yes No CCO GRANTED - Devlin Edinburgh SFC DOWNGRADED Gallagher EH1 2QZ BSR TO PROVISIONAL NHS (Le Petit Marche)

THE CITY OF EDINBURGH LICENSING BOARD LICENSING (SCOTLAND) ACT 2005 NOTICE OF APPLICATIONS – PREMISES LICENCE APPLICATION 24 SEPTEMBER 2012

No Reference Applicant Agent Details Premises On Off On & Remarks Decision Sale Sale Off Sale 30. 12/12859 Cuthberts Food 94A Fountainbridge No No Yes CCO GRANTED WITH Limited Edinburgh SFC MUSIC EH3 9QA BSR CONDITION

(Cuthberts)

31. 12/13489 B & M Retail LR Law Unit 6 No Yes No CCO GRANTED Limited Madison House Meadowbank Retail BSR 37 Little Peter Street Park London Road M15 4QJ Edinburgh (B & M Stores)

32. 12/13121 Najhat Tahira 26 Spey Terrace No Yes No CCO GRANTED - Edinburgh SFC DOWNGRADED EH7 4PL BSR TO PROVISIONAL (Spey Newsagents) 33. 12/13814 LT Management Morton Fraser 19 - 25 William Street No No Yes CCO GRANTED WITH Services Limited Quartermile Two Edinburgh SFC AMENDMENT – 2 Lister Square EH3 7NG BSR CHILDREN’S Edinburgh TERMINAL EH3 9GL (Melville Lounge) HOUR TO BE (Provisional) 7PM