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Council’s landmark ruling means operators will find it ‘extremely difficult’ to open new pubs in Dundee

Councillors have decided Dundee already has more than enough alcohol outlets.
Councillors have decided Dundee already has more than enough alcohol outlets.

It will be “extremely difficult” for new licensed premises to open in Dundee, following a landmark ruling by the city’s licensing board.

Councillors called time on the issuing of new licences for on and off sales unless the applicant can prove their new premises will not contribute to the over-provision of alcohol in the city.

Ken Glass, a solicitor with Baillies Law Limited who has represented many licence holders, said Thursday’s decision would make it near impossible for new pubs and off-licences to open or expand in Dundee.

He told The Courier: “Clearly the existence of an over-arching policy is going to make it extremely difficult for new operators to move into the city.

“Operators hoping to come into the city are now going to have to show substantial reasons why the licensing board should depart from their policy. It is certainly a high test to meet,” he said.

Mr Glass believes the controversial decision could provide added value to those business that already hold licences in the city.

“It is also going to make the premises that currently have licences more attractive,” he said. “They can now operate with a reasonable degree of certainty that new competition will not be able to move into the area.”

The decision to instate the over-provision policy, which will affect all areas except the central waterfront, was made at a meeting of the city council’s licensing board and followed a damning report by the Dundee Alcohol and Drug Partnership (ADP) into the social and monetary cost of alcohol in the city. There was also a city-wide consultation.

The board’s convener, SNP member Dave Bowes, had proposed excluding the city centre from the over-provision policy along with the central waterfront, but this motion was defeated by a counter-proposal from Councillor Lesley Brennan.

The Labour member said: “I am more comfortable with the over-provision policy covering the entire city (with the exception of the central waterfront). The policy is not aimed at banning alcohol in Dundee completely but is intended to ensure that we ask applicants why they are applying for their licence, while we keep in mind the board’s adopted statement that there is an over-provision of licensed premises in Dundee.”

The policy will come into force at the next meeting of the board on October 9 and seven potential new licences or variations that were to be decided on yesterday, had to be deferred to that meeting.

The board had previously taken the view that there was insufficient evidence that the city was over-provided.

But a number of shocking statistics from the ADP report including that in 2010 alcohol-related harm cost the city £71.05 million led councillors to change their minds.