Agenda Document Pack - Licensing Committee - 07/10/2026
North Ayrshire Council · 7 October 2026
Back to Licensing Committee — 7 October 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee A Meeting of the Licensing Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 07 October 2026 at 10:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. Licensing Exemption Para Please note that, whilst the items on this Agenda are public documents, consideration of some reports at the meeting may necessitate the passing of a resolution to exclude from the meeting the press and public in terms of Section 50A(4) of the Local Government (Scotland) Act 1973. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 9 September 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 Civic Government (Scotland) Act 1982 and Other Licensing Statutes : Licensing Matters Submit report by the Head of Democratic Services on hearings to be determined, all in terms of the Civic Government (Scotland) Act 1982 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 Review of Standard Conditions Applying to Street Trader Licences Submit report by the Head of Democratic Services reporting back following the Committee's decision of 12 August 2026, advising on the further consideration and internal consultation undertaken, and seeking approval of revised standard conditions applying to Street Trader Licences (copy enclosed) . 5 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home,where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee Sederunt Eleanor Collier (Chair) Nairn McDonald (Vice-Chair) John Bell Cameron Inglis Christina Larsen Matthew McLean Donald L. Reid Ronnie Stalker Angela Stephen Chair: Apologies: Attending: 3
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Licensing Committee 9 September 2026 IRVINE, 9 September 2026 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. involving participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Eleanor Collier, Cameron Inglis, Christina Larsen, Matthew McLean, Donald L. Reid, and Ronnie Stalker. Present (Remote Participation) Nairn Angus-McDonald In Attendance D. Grier, Solicitor; C. Pollock, Licensing Manager; A. Kellas, Administration Assistant. S. Dalgoutte, Senior Clerical Assistant (Licensing); and H. Young, Senior Committee Services Officer (Democratic Services) (Corporate Services). Also in Attendance Inspector G. Griffith and A. Dempster, Licensing Administrator (Police Scotland). Chair Councillor Collier in the Chair. Apologies John Bell and Angela Stephen. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 12 August 2026 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Civic Government (Scotland) Act 1982 and other Licensing Statutes: Licensing Matters 3.1 Taxi Driver Licence: TDL/02363 (Renewal): Cetin Ozdemir The licence-holder, having been duly cited to attend, was not present. Representatives from Police Scotland were in attendance. Police Scotland addressed the Committee on the terms of a letter setting out their objection. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Agenda Item 2 5
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Decision Councillor McLean, seconded by Councillor Angus-McDonald, moved that the renewal application be refused on the basis that the applicant was not considered to be a fit and proper person to hold such a licence. There being no amendment, the motion was declared carried. Accordingly, having considered the Police Scotland objection and the nature and seriousness of the information provided, the Committee was satisfied, in terms of paragraph 5(3)(a)(ii) of Schedule 1 to the Civic Government (Scotland) Act 1982, that the applicant was not a fit and proper person to hold a Taxi Driver Licence and agreed to refuse the renewal application. 3.2 Taxi Licence: TL/026 (Substitution): Scott Dalzell The applicant, having been duly cited to attend, was not present. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. The Committee noted that the application was outwith the Council’s Vehicle Specification Policy, as the proposed vehicle was not wheelchair accessible. In determining the request, the Committee had regard to the terms of the request, the Council’s Vehicle Specification Policy and the relevant provisions of sections 10(2) and 10(5) of the Civic Government (Scotland) Act 1982. Decision Councillor McLean, seconded by Councillor D.L. Reid, moved that, notwithstanding the Council’s Vehicle Specification Policy, the proposed substitution be approved as an exception to the requirement for a wheelchair-accessible vehicle. There being no amendment, the motion was declared carried. Accordingly, the Committee unanimously agreed to approve the proposed substitution in terms of section 10(5) of the Civic Government (Scotland) Act 1982, subject to the proposed vehicle satisfying the requirements of section 10(2), and delegated authority to the Solicitor (Licensing) to give effect to the decision. 3.3 Short-term Let Licence: NA01008N (New) – Vivya Properties Ltd The applicant’s representatives, having been duly cited to attend, were present, addressed the Committee and responded to questions. The objectors to the application were also in attendance, addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to determine the application. In determining the application, the Committee had regard to the terms of the application, the written objections, the oral representations made by the applicant’s 6
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representatives and the objectors, the Council’s Short-term Let Licensing Policy and the relevant statutory provisions. Decision Councillor D.L. Reid, seconded by Councillor Larsen, moved that the application be granted. As an amendment, Councillor McLean, seconded by Councillor Inglis, moved that the application be refused in terms of paragraph 5(3)(c) of Schedule 1 to the Civic Government (Scotland) Act 1982, having regard to the location and character of the premises and the possibility of undue public nuisance. On a division and a roll call vote, there voted for the amendment, Councillors Inglis and McLean (2) and for the motion, Councillors Collier, Angus-McDonald, Larsen, D.L. Reid and Stalker (5) and the motion was declared carried. Accordingly, the Committee agreed to grant the application for secondary letting, with a maximum occupancy of six persons and with Erin McLemon named on the licence in respect of day-to-day management, subject to (a) the mandatory licence conditions prescribed by Schedule 3 to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and (b) the Council’s Standard Short-term Let Licence Conditions. 3.4 Short-term Let Licence: NA01005P (Provisional Licence) – Ashley Wilson The applicant, having been duly cited to attend, was not present. The Committee unanimously agreed to continue consideration of the application to a future meeting to afford the applicant a further opportunity to attend and address the Committee. 4. Urgent Items The Chair agreed that the matter be considered as urgent in view of the Public Entertainment Licensing Resolution coming into effect before the next scheduled meeting. The Solicitor (Licensing) advised that the Resolution would come into effect on 1 October 2026. The Committee noted the position. The meeting ended at 11.25 a.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 7
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NORTH AYRSHIRE COUNCIL 7 October 2026 Licensing Committee Title: Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters Purpose: To advise the Committee of: a) Hearings to be determined Recommendation: 1) That the Committee should decide whether or not to make a Resolution excluding the public from the meeting at which any of the matters in this Report are to be considered; 2) That the Committee consider and determine the matters before them. 1. Executive Summary 1.1 The Licensing Committee's remit is to exercise the Council's licensing functions. These functions arise under many statutes, mainly the Civic Government (Scotland) Act 1982. Depending on the legislation and the circumstances of each individual case, the Committee is entitled to grant, refuse, renew, vary, suspend and revoke Licences. 2. Background 2.1 The Committee’s business under the 1982 Act is as follows: Appendix A - Licences and Permits where Hearings have been convened Exempt Information 2.2 The Committee will consider "Exempt Information" under the Local Government (Scotland) Act 1973, Schedule 7A. The information is covered by one or more of the following categories of "Exempt Information" under Schedule 7A: Paragraph 3: "Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority." Paragraph 6: "Information relating to the financial or business affairs of any particular person (other than the authority)." Paragraph 14: "Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime." Paragraph 15: "The identity of a Protected Informant" - where "Protected Informant" is defined in Part III as a person who informs the Local Authority about a Agenda Item 3 9
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past, present or future crime, breach of statutory duty, breach of planning control, or nuisance. 2.3 The details of the cases in the Appendix, with any relevant documents (such as letters from the Police or objectors) are in the background papers given to Committee Members and will be sent to the respective Applicants or Licence-Holders before the Meeting. The Schedules are excluded from the published Agenda under Local Government (Scotland) Act 1973, Section 50B(2) and (5). This has been done as the Clerk considers that the meeting is likely not to be open to the public while those Schedules are being considered, as they contain "Exempt Information". 2.4. The Committee is entitled, but not obliged, to make a Resolution excluding the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of "Exempt Information" (Section 50A(4)). 2.5. For example: Paragraph 3 could apply in relation to information or advice requested by a member of the public. Paragraph 6 could apply to a business activity (such as where an Applicant wants a Licence for business or employment). Paragraphs 14 or 15 could apply where it was alleged that there was criminal conduct or anti-social behaviour committed by or against a Licence-Holder or Applicant for a Licence, or where the Committee was told that any person had committed a criminal offence (whether or not there had been concluded Court proceedings). 2.6. Accordingly, if a Resolution is made: (a) the publicly-accessible Minutes will exclude so much of the proceedings during which the public were excluded (Section 50C); (b) the Minutes will include a summary of the proceedings without disclosing the ‘Exempt Information’ (Sections 50C(2) & 50C(1)(b)). 3. Proposals 3.1 It is proposed that the Committee consider and determine each of the listed cases in accordance with the required procedure. 4. Implications/Socio-economic Duty Financial 4.1 There are possible financial implications in relation to any Licensing decision. Human Resources 10
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4.2 None
Legal
4.3 There are possible legal implications in relation to any licensing decision. Depending on
the legislation, there may be a right of appeal.
Equality/Socio-economic
4.4 Equality Act 2010 imposes duties on the Council:
Section 1(1) ("Public sector duty regarding socio-economic inequalities"): the Council
"must, when making decisions of a strategic nature about how to exercise its
functions, have due regard to the desirability of exercising them in a way that is
designed to reduce the inequalities of outcome which result from socio-economic
disadvantage."
Section 149(1) ("Public sector equality duty"): the Council
"must, in the exercise of its functions, have due regard to the need to -
(a) eliminate discrimination, harassment, victimisation and any other conduct
that is prohibited by or under [that Act];
(b) advance equality of opportunity between persons who share a "Relevant
Protected Characteristic" and persons who do not share it;
(c) foster good relations between persons who share a "Relevant Protected
Characteristic" and persons who do not share it."
The "Relevant Protected Characteristics" are: age; disability; gender
reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual
orientation.
The Clerk has considered these Duties in preparing this Report and any specific impacts
will be evaluated where appropriate. Unless the Clerk advises the Committee otherwise in a
particular case, there are no significant impacts to be considered Climate Change and
Carbon
4.5 None.
Key Priorities
4.6 North Ayrshire Council has priorities for "Communities and Local Democracy" and
"Wellbeing" in the Council Plan 2023-2028 An effective licensing system, e.g.
monitoring the 'fit and proper' status of hire-car drivers and the safety of their cars, helps
achieve Strategic Aim-Wellbeing.
Community Wealth Building
4.7 There are no Community Wealth Building issues.
Islands Communities Impact Assessment (ICIA)
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4.8 None United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 None 5. Consultation 5.1 Consultations have been undertaken where appropriate with Police Scotland, Scottish Fire and Rescue, and Council Directorates. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Manager, Legal Services, on Licensing@north-ayrshire.gov.uk. Background Papers None 12
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Appendix A Case 1 Applicant Taxi Licence Edward McCallie TL/469 (NEW) Case 2 Applicant Private Hire Car Licence Andrew Tremble PHCL/389 (NEW) Case 3 Applicant Short Term Let Licence Ashley Wilson NA01005P (Provisional Licence) 13
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NORTH AYRSHIRE COUNCIL 7 October 2026 Licensing Committee Title: Review of Standard Conditions Applying to Street Trader Licences Purpose: To report back following the Committee's decision of 12 August 2026, advise on the further consideration and internal consultation undertaken, and seek approval of revised standard conditions applying to Street Trader Licences. Recommendation: It is recommended that the Licensing Committee: (1) notes the report considered on 12 August 2026 and the Committee's decision to continue the matter to allow further consideration of the proposed conditions and further internal discussions; (2) notes the further consideration undertaken and that Roads has reviewed the revised road-safety and location provisions and has no objection to them; (3) agrees that no further general public consultation is required before the revised conditions are determined and that the uncompleted consultation instruction of 2 June 2021 is superseded; (4) determines under section 3B of the Civic Government (Scotland) Act 1982 the amendments reflected in the consolidated conditions at Appendix 1; (5) authorises the Depute Clerk to make minor non-substantive corrections before publication and instructs officers to publish the conditions, update the Council's website, forms, guidance and decision templates, and apply them to grants and renewals determined on or after publication; and (6) notes that publication will not of itself vary existing licences and instructs the Head of Democratic Services to monitor operation of the revised conditions for 12 months and report back if material operational issues or further amendments are identified. 1. Executive Summary 1.1 On 12 August 2026, the Committee considered a report on the operation of the present 20-minute movement condition and proposed amendments to the standard conditions applying to Street Trader Licences. The Committee unanimously continued consideration to a future meeting to allow further consideration of the proposed conditions and further internal discussions to take place. 1.2 Further consideration has now been completed. The final proposal retains the 20-minute period as the default for itinerant traders but introduces an Extended Stop Endorsement allowing up to 60 minutes for ready-for-sale food and up to 120 minutes where significant on-site preparation or cooking reasonably requires it. 1.3 The final draft also retains the existing requirement to move at least 200 metres, applies a three-hour return restriction after a stop exceeding 20 minutes, clarifies when the occupation period begins and ends, and closes practical avoidance routes. 1.4 North Ayrshire Council Roads Service has reviewed the revised road-safety and location provisions and has confirmed that it has no objection. The final consolidated conditions are attached at Appendix 1 for determination and publication. Agenda Item 4 15
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2. Background 2.1 Street trading in a public place is licensed under section 39 of the Civic Government (Scotland) Act 1982. A public place may be privately owned where the public have unrestricted access. A Street Trader Licence does not confer planning permission, Roads Authority consent, parking rights, permission to use Council land or permission from the owner or lawful occupier. 2.2 Section 3B of the 1982 Act permits the Licensing Authority to determine and publish standard conditions, including different conditions for different licences, licence types, purposes, circumstances or cases. On grant or renewal, paragraph 5 of Schedule 1 permits a standard condition to be varied or disapplied where the circumstances justify it. 2.3 The August report proposed replacing the present 20-minute limit with a single maximum occupation period of 90 minutes. It also proposed a requirement to move at least 200 metres and a three-hour restriction on return where the previous stop exceeded 20 minutes. 2.4 The Committee did not determine those conditions. The Committee unanimously agreed to continue consideration of the report to allow further consideration of the proposed conditions and further internal discussions to take place. 2.5 The application history summarised in the August report shows that Committee has previously authorised periods of 60, 90 and 120 minutes in individual cases, together with a longer site-specific Saturday permission. That experience supports replacing repeated ad hoc departures with a structured standard route while retaining individual assessment. 2.6 On 2 June 2021, the Committee initiated a wider review of the Street Trader Policy and Licence Conditions, authorised consultation on a discussion draft and continued the matter. No subsequent published decision adopting replacement conditions has been identified. The present proposal is narrower, is based on intervening casework and current operational evidence, and supersedes that unfinished exercise. 3. Further Consideration and Final Proposal 3.1 The further review concluded that a universal 90-minute period would be unnecessarily broad. It would permit every itinerant trader to occupy any otherwise lawful location for 90 minutes, regardless of the trader's actual operating method or need. The final proposal instead preserves the established 20-minute default and provides a defined endorsement route for businesses that reasonably require longer. 3.2 For food prepared before arrival and ready for immediate sale or service, an Extended Stop Endorsement may permit a period of up to 60 consecutive minutes. Limited packaging, portioning, condiments, drinks preparation and maintaining a safe serving temperature are permitted, but cooking, baking, frying, grilling or reheating at the location would not fall within this category. 3.3 Where significant preparation or cooking takes place at the location, an endorsement may permit up to 120 consecutive minutes. The period must be reasonably required by the declared equipment and process, including any necessary heat-up, preparation, cooking, service, cleaning and departure. 3.4 An endorsement will state the exact maximum period considered reasonably necessary and will be assessed on its individual merits. It relates to the approved trading method and trading unit, but does not create a fixed stance or remove the need for any separate permission or consent. 3.5 The applicable period begins when the trading unit first stops, parks or is placed at the intended trading place and ends only when the licensed activity has ceased and the unit and all ancillary equipment have been removed. It includes setup, equipment heat-up, 16
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preparation, waiting, taking and fulfilling orders, service, cleaning, dismantling, clearing and departure. 3.6 The period is not paused or reset by an absence of customers, a temporary cessation of trading, a staff break, repositioning at the place or movement of less than 200 metres. The trader must next move at least 200 metres. If the occupation exceeded 20 minutes, the trader may not return to the vacated place, or anywhere less than 200 metres from it, for three hours after vacation. 3.7 Distance is measured in a straight line between the nearest edges of the areas occupied. A narrow exception applies where sudden breakdown, collision, medical emergency, unsafe road condition or an official direction prevents safe or lawful movement. Trading must cease and supporting evidence must be retained. 3.8 Condition C.1, concerning trading within 50 metres of premises supplying the same or similar goods or services, and its individual exemption procedure are carried forward unchanged. The present review does not reopen that separate policy issue. 3.9 Condition C.2 is retained. It requires removal of refuse produced or accumulated by the activity, an accessible customer receptacle where the stop exceeds five minutes, prevention of unlawful refuse deposits by persons involved in the activity, and an inspection before departure of the safely and lawfully accessible area within 25 metres. The final duty is limited to refuse reasonably attributable to the licensed activity and is considered proportionate to the greater localised impact that may arise from longer stops. 3.10 Condition A.11 has been revised following further consideration with Roads. It prohibits a trading unit on or within 25 metres of a pedestrian crossing or road junction and separately addresses visibility, crossings, school crossing patrol points, traffic signals, bends, road- safety features and customer queues. It also makes clear that written permission from the owner or lawful occupier is required without treating the Street Trader Licence as approval of the use of the land. 3.11 Part C applies only where the licence authorises itinerant trading at changing locations from a moveable trading unit. It does not apply to a static trader merely because a vehicle, trailer, kiosk or stall is used, or while trading takes place on land and at a time covered by a Public Entertainment Licence, Market Operator's Licence or the relevant statutory exemption. 4. Implementation 4.1 Section 3B requires standard conditions to be published before they have effect. Subject to approval, the revised conditions will therefore apply to Street Trader Licences granted or renewed on or after the date of publication, subject to any case-specific variation or disapplication. 4.2 Publication will not of itself alter licences already granted. An existing licence holder seeking an Extended Stop Endorsement before renewal may apply to vary the licence. Any authority-initiated in-term variation must follow paragraph 10 of Schedule 1 to the 1982 Act, including notice and an opportunity to be heard. 4.3 The Council's website, application and any subsequent material will be updated. Applicants seeking an Extended Stop Endorsement will be required to provide sufficient evidence and information about the goods, preparation method, equipment, operating process and period reasonably required. 4.4 The Head of Democratic Services will monitor endorsement requests, periods granted, complaints, observed breaches, road-safety or litter issues and administrative workload for 12 months. A further report will be submitted only if material operational issues or a need for amendment is identified. 17
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5. Implications and Socio Economic Duty Financial 5.1 No material direct financial cost is anticipated. A structured endorsement route should reduce repeated preparation of substantially similar Committee reports. Human Resources 5.2 None. Legal 5.3 The revised standard conditions are competent in principle under section 3B and Schedule 1 of the 1982 Act. They must serve proper licensing purposes, be rational, proportionate and sufficiently certain, and be published before they have effect. Existing licences must not be varied outside the statutory procedure. Equality and Socio Economic 5.4 The endorsement route should assist small mobile businesses while retaining controls addressing obstruction, accessibility, litter and local amenity. Applying the three-hour return restriction only after a stop exceeding 20 minutes preserves flexibility for traditional short-stop routes. No material differential disadvantage requiring a full assessment has been identified. Climate Change and Carbon 5.5 Longer authorised stops may reduce unnecessary short-distance vehicle movements. Longer occupation may increase local engine or generator use, but no material strategic climate impact has been identified. Key Priorities 5.6 Clear and proportionate regulation supports local enterprise, accessible services and safe, well-managed public places. Community Wealth Building 5.7 The proposal supports local mobile businesses by providing a predictable route to an appropriate stopping period while retaining public-safety and amenity protections. Islands Communities Impact Assessment 5.8 The 200-metre movement requirement already applies on Arran and Cumbrae. The 20- minute default preserves short-stop routes in compact settlements, while longer periods remain available where justified. No significantly different island effect requiring a full assessment has been identified. United Nations Convention on the Rights of the Child 5.9 None. Consumer Duty 5.10 The proposal should improve consumer access to mobile goods and services while retaining clear protections relating to road safety, obstruction, amenity and cleanliness. The tiered approach avoids granting longer stopping periods where there is no evidenced operational need. 6. Consultation 6.1 The proposal has been considered by the Civic Licensing Standards Officer, Licensing Administration, the Licensing Manager, the Depute Clerk and Roads. Those officers hold the evidence relevant to enforcement, applications, administrative operation, legal competence and road safety. 18
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6.2 Following the Committee's decision of 12 August 2026, Roads considered the revised conditions and confirmed that it had no objection. The Roads comments are reflected principally in A.11 and the movement provisions in Part C. 6.3 Section 3B contains no express requirement for a general public or trade consultation before standard conditions are determined. Recent applications have already generated representations and given Committee practical experience of the present rule. The final proposal is more tailored than the universal 90-minute model previously presented and retains individual consideration before a longer period is endorsed. Further general consultation is not considered necessary or proportionate. 6.4 The Committee is asked expressly to supersede the uncompleted consultation instruction of 2 June 2021. The present determination concerns a narrower proposal informed by intervening casework, further internal consideration and current operational evidence. Aileen Craig Head of Democratic Services For further information please contact David Grier, Licensing Solicitor and Depute Clerk, or email Licensing@north-ayrshire.gov.uk. Background Papers None Appendix Appendix 1 - Drew Robertson, CLSO, Briefing Note - July 2026 Appendix 2 - North Ayrshire Council’s current Street Trader Standard Conditions. Appendix 3 - North Ayrshire Council’s proposed updated Street Trader Standard Conditions – October 2026 Appendix 4 – Licensing Application Evidence 19
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Appendix 1 Civic Licensing Standards Officer Briefing BRIEFING NOTE – JULY 2026 Submitted for the attention of David Grier, Licensing Lawyer Area of Licensing being reviewed – Street Traders Licence (STL) STREET TRADERS LICENCE North Ayrshire has three types of Street Traders Licences:- •Static – if you intend to trade at a specific site(s) for longer than 20 mins; •Itinerant – if you intend to trade from multiple locations, remaining at one site for a maximum of 20 mins before moving on; •Events – if you intend to trade at temporary events throughout North Ayrshire. For example galas, fetes, with the permission of the organiser. Standard Conditions C3 states the following:- MOVEMENT C3 When the licence holder parks or sets up the vehicle or stall in one location:- 1. He may remain there for a maximum period of 20 minutes; 2. He must then move to another location at least 200 metres away. This period of 20 minutes includes:- 1. Parking and setting up before trading starts; and 2. Dismantling and clearing up afterwards. This report highlights the limitations of itinerant licences which is causing difficulties for legitimate businesses operations while generating negative press for North Ayrshire Council. In the 1970s an itinerant licence was built around the requirements of ice cream vans and mobile grocery shops that visited communities and stopped at multiple locations for short periods of time. Our shopping trends have changed with Mobile grocery vans disappearing. In recent times, we have seen an increase in mobile fish and chip vans, fresh fish vans and, more recently, cake vans where owners have identified an area of business that meets their skills by bringing their products directly to the public. This has increased conflict with the Licensing Department and Licensing Committee where in order to serve the public proprietors have found the 20 minute condition built in the general conditions of an itinerant licence does not give them flexibility to take an order and make a product from scratch. Incorporated in that 20 minutes is setting up and dismantling where required. To a lesser extent Police Scotland have been advised of offenders but reluctant to take formal enforcement action, seeing it as a Licensing matter. Other Ayrshire Council areas do not operate this 20 minute rule but do have other restrictions. It is proposed that the 20-minute rule/condition be amended to 90 minutes. 20
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By doing this it will reduce the number of applicants that are requesting an exemption from the above and having to attend at a Licensing Committee to put forward their business case. It is also proposed that an additional restriction be added stating that the License Holder cannot return to a location they have already visited within a 3 hour time period. There have been a number of License Holders attend at the Licensing Committee and all have been granted the above exemption, generally to 2 hours. It will also reduce the administration required by the Licencing staff in repeatedly liaising with applicants and preparing reports for the Licensing Committee. And while adopting conditions that have become outdated. It also highlights a matter that may have to go out for public consultation as it may be a major concern to some residents where a business has set up near to their property for an extended period and they were never given an opportunity to raise their concerns. It is believed that this area of Street Traders Licenses has not been looked at in around 20 years. Regards Drew Robertson CLSO 21
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Appendix 2 Current Standard Street-Trader Licence Conditions These Conditions are in three parts. Part A applies to all Street Traders. Part B applies to Traders who supply or sell food (Part A also applies). Part C applies to ‘itinerant’ traders - traders using a vehicle and traders using a van or trailer to move (Parts A and B also apply). but Part C does not apply to trading on land which is either: (a) covered by a "Public Entertainment Licence" or a "Market Operator's Licence" under the Civic Government (Scotland) Act 1982, or (b) is exempt from holding either Licence Part C does apply if the Licence-Holder is trading at any other time or place. In the Licence: "Authorised Officer of the Licensing Authority" includes a Civic Licensing Standards Officer employed by North Ayrshire Council. "he" and similar words are used regardless of the gender of the person. Notes These conditions have notes to help you. “Street Trading” is defined by Section 39(2) of the Civic Government (Scotland) Act 1982 and means doing any of the following things in a public place — (a) hawking, selling or offering or exposing for sale any article (b) offering to carry out or carrying out for money or money’s worth any service, to any person in the public place and includes doing any of these things there in or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place. Although the Licence is called a "Street Trader's Licence", the need for it is not limited to streets. The Licence is needed for trading in any public place. Part A - General Conditions applying to all Street Traders A.1. The Licence is not transferable, and the Licence-Holder is not permitted to alter, erase or deface the Licence or badge, or to allow any other person to use them. A.2. At all times when the Licence-Holder is trading in a public place he must: (a) have this Licence in his possession (b) wear the badge issued by the Licensing Authority showing that he holds this Licence, so that its details are legible and visible to any customer; and (c) conduct himself in a proper and civil manner and have a clean and tidy appearance. A.3. At all times that trading in a public place takes place, the Licence-Holder must ensure that everyone engaged in or assisting with the Licensed street trading activity: (a) holds their own Street Trader Employee's Licences issued by the Licensing Authority; and (b) wears the badge issued by the Licensing Authority showing that he holds that Licence, so that its details are legible and visible to any customer A.4. The Licence-Holder must comply with any instruction given by a Police Officer or Authorised Officer of the Licensing Authority which the Officer considers necessary or expedient in order to prevent any obstruction of or annoyance to the public or to the occupiers of any premises. A.5. If requested to do so by: (a) a Police Officer, (b) an Authorised Officer of the Licensing Authority, or (c) a customer, the Licence-Holder must permit that person to inspect his badge and to take a note of the details specified on the badge. 22
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A.6. If requested to do so by (a) a Police Officer, or (b) an Authorised Officer of the Licensing Authority, the Licence-Holder must provide the name, address, date of birth and Street Trader Employee Licence number of all persons who are employed (or have within the previous three months been employed) on that Licensed vehicle, kiosk or moveable stall. Changes of Circumstances A.7. The Licence-Holder must hand over the Licence and badge to the Licensing Authority within three days of: (a) ceasing to trade (b) the Licence being suspended or revoked, or (c) the Licence expiring without an application to renew being made. A.8. The Licence-Holder must notify the Licensing Authority in writing within seven days if there is any substantial change in circumstances since the application for the Licence. Examples: any change of address a change in the trading name medical conditions which affect the ability to operate as a Licence-Holder. Criminal Offences A.9. This applies to any offence, and not only to offences arising from the operation of the Licence. The Licence- Holder must notify the Licensing Authority in writing within seven days if any of these things happen: (a) if he is charged by the Police with any offence (whether or not any Court proceedings have started). He must give this information: the nature of the alleged offence its date its place (b) Where a Court convicts, he must give this information: the date of the conviction the name of the Court the fine or other penalty which was imposed (c) If there are no Court proceedings (e.g. if the Procurator Fiscal issues a Conditional Offer, sometimes called a 'Fiscal Fine'), the Licence-Holder must give the same information as in (b). A.10. The Licence-Holder must have all required statutory Permissions and Consents. Note: before you start operating, you should check with the Council's offices to see if you need Planning Permission or Roads Authority Consent. A.11. The Licence-Holder must not: (a) park or place any vehicle, kiosk or stall to be used for trading on any road or pedestrian crossing, or within 10 metres from any road or pedestrian crossing (b) park or place any vehicle, kiosk or stall to be used for trading on any land, road or premises, unless he has first obtained written permission from the owner or lawful occupier of such land, road or premises. Part B - Sale and supply of food Definitions B.1. “food” includes— (a) drink (b) articles and substances of no nutritional value which are used for human consumption (c) chewing gum and other products of a like nature and use; and (d) articles and substances used as ingredients in the preparation of food or anything falling in (a) to (c). B.2. The Licence-Holder must not use any vehicle, kiosk or moveable stall unless a Food Authority in Scotland has granted a Certificate that the vehicle, kiosk or moveable stall complies with statutory requirements (Civic Government (Scotland) Act 1982, Section 39(4) and (4A)). B.3. The Licence-Holder must not sell, supply, store, offer or expose for sale, any food unless the Council has approved, in writing, the arrangements for the storage, preparation, handling and exposure for sale of that food. 23
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B.4. The Licence-Holder must maintain those approved arrangements at all times. B.5. At all times when street trading the Licence-Holder shall wear a clean overall, keep himself/herself and the appropriate clothing clean, ensure that any employee also maintains a high standard of cleanliness, keep and maintain any moveable structure, kiosk, stall or vehicle in a clean and proper condition and shall ensure that his trade equipment, utensils, fixtures and fittings are in a clean condition. B.6. No smoking is permitted in the vehicle, kiosk or moveable stall at any time. Part C - Itinerant Street Traders (if not at licensed "Public Entertainment" or Markets) Exclusion Zone C.1. The Licence-Holder must not engage in street trading within 50 metres of any establishment or premises (this includes any land, shops, kiosks, vehicles and moveable structures) where any goods or articles are sold or offered for sale, or services are offered, which are of the same or similar type as those sold or offered by the Licence-Holder. The Licence-Holder may apply to the Licensing Authority for exemption from this Condition or part of it. If the Licensing Authority decides on the individual circumstances of each case to grant such an exemption, the exemption will not come into effect until it has been endorsed on this Licence. Refuse and Litter C.2. The Licence-Holder: (a) must collect and remove any refuse which may be produced or may accumulate from his trading (including any refuse left by customers) (b) If trading for longer than 5 minutes in any location, must provide an accessible litter bin or other receptacle for use by the customers (c) must not deposit refuse on any street, pavement, footway or other land (d) must not allow any other person to do so. Movement C.3. When the Licence-Holder parks or sets-up the vehicle or stall in one location: (a) he may remain there for a maximum period of 20 minutes (b) he must then move to another location at least 200 metres away. This period of 20 minutes includes: parking and setting-up before trading starts, and dismantling and clearing up afterwards. 24
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Proposed Updated Standard Street-Trader Licence Conditions Focused post-committee draft based on Appendix 3 presented on 12 August 2026 These Conditions are in three parts. Part A applies to all Street Traders. Part B applies to Street Traders who supply or sell food (Part A also applies). Part C applies where the Licence authorises itinerant street trading from a vehicle, trailer, kiosk, moveable stall or other moveable trading unit (Parts A and B also apply where relevant). Part C does not apply while the Licence Holder is trading on land which is: (a) covered at that time by a Public Entertainment Licence or Market Operator's Licence under the Civic Government (Scotland) Act 1982; or (b) exempt at that time from the requirement to hold either licence. Part C applies whenever the Licence Holder is trading at any other time or place under an itinerant licence. Definitions "Authorised Officer" means an officer authorised by the Licensing Authority and includes a Civic Licensing Standards Officer employed by North Ayrshire Council. "licensed activity" means the street trading authorised by the Licence. "trading unit" means any vehicle, trailer, kiosk, moveable stall or other unit used for the licensed activity, together with any associated generator, awning, sign, furniture, container or other ancillary equipment placed outside it. Note: "Street Trading" is defined by section 39(2) of the Civic Government (Scotland) Act 1982. A street-trader licence may be required on privately owned land where the public have unrestricted access. Part A — General Conditions applying to all Street Traders A.1. The Licence is not transferable. The Licence Holder must not alter, erase or deface the Licence or badge, or allow another person to use either of them. A.2. At all times when trading in a public place, the Licence Holder must: (a) have the Licence in their possession; (b) wear the badge issued by the Licensing Authority so that its details are legible and visible to a customer; and (c) behave in a proper and civil manner and maintain a clean and tidy appearance. A.3. Whenever the licensed activity is carried on, the Licence Holder must ensure that every person engaged in or assisting with it: (a) holds any Street Trader Employee's Licence required from that person; and (b) wears the badge issued for that licence so that its details are legible and visible to a customer. A.4. The Licence Holder must comply with any instruction given by a Police Officer or Authorised Officer which the officer considers necessary or expedient to prevent obstruction of or annoyance to the public or to the occupiers of premises. A.5. If requested by a Police Officer, an Authorised Officer or a customer, the Licence Holder must permit that person to inspect the Licence Holder's badge and note the details shown on it. Appendix 3 25
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A.6. If requested by a Police Officer or Authorised Officer, the Licence Holder must provide the name, address, date of birth and Street Trader Employee Licence number of every person who is employed, or has during the previous three months been employed, on the licensed vehicle, kiosk or moveable stall. Changes of circumstances A.7. The Licence Holder must surrender the Licence and badge to the Licensing Authority within three days of: (a) ceasing to trade; (b) the Licence being suspended or revoked; or (c) the Licence expiring without an application for renewal having been made. A.8. The Licence Holder must notify the Licensing Authority in writing within seven days of any substantial change in circumstances since the application for the Licence, including a change of address, trading name or a medical condition which affects the ability to operate as a Licence Holder. Criminal offences A.9. This Condition applies to any offence, and not only an offence arising from the operation of the Licence. The Licence Holder must notify the Licensing Authority in writing within seven days: (a) if charged by the Police with an offence, giving the nature, date and place of the alleged offence; (b) if convicted by a Court, giving the date of conviction, the name of the Court and the fine or other penalty imposed; or (c) if the matter is disposed of without Court proceedings, including by a Conditional Offer, giving the equivalent information required by (b). Other permissions and use of land A.10. The Licence Holder must obtain and maintain every other permission, consent or approval required by law for the licensed activity. Note: Grant of this Licence does not grant or imply planning permission, Roads Authority consent, permission to park or occupy a road, permission to use Council land, or permission from an owner or lawful occupier. Identifying and obtaining those permissions remains the Licence Holder's responsibility. A.11. The Licence Holder must not: (a) park or place a trading unit on a pedestrian crossing or at a road junction, or within 25 metres of either; (b) park or place a trading unit or ancillary equipment, or permit a customer queue connected with the licensed activity, where it materially obstructs visibility or interferes with the safe use or operation of a pedestrian crossing, crossing facility, school crossing patrol point, road junction, traffic signal, bend or other road-safety feature; or (c) park or place a trading unit on any land, road or premises unless the Licence Holder has first obtained written permission from the owner or lawful occupier and retains that permission for production on request by a Police Officer or Authorised Officer. Note: Written permission may be retained electronically and need not be routinely lodged with or approved by the Licensing Authority in advance. The Licensing Authority may require it to be produced where relevant to an application, variation or enforcement matter. It remains the Licence Holder's responsibility to ensure that the permission is current and sufficient for the place, times, duration and nature of the proposed trading. Grant of the Licence or an endorsement is not confirmation that such permission exists or is sufficient. 26
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Part B — Sale and supply of food Definitions B.1. "Food" includes: (a) drink; (b) articles and substances of no nutritional value which are used for human consumption; (c) chewing gum and other products of a like nature and use; and (d) articles and substances used as ingredients in the preparation of food or anything falling within (a) to (c). B.2. The Licence Holder must not use any vehicle, kiosk or moveable stall unless a Food Authority in Scotland has granted the certificate required by section 39(4) and (4A) of the Civic Government (Scotland) Act 1982. B.3. The Licence Holder must not sell, supply, store, offer or expose for sale any food unless the Council has approved in writing the arrangements for its storage, preparation, handling and exposure for sale. B.4. The Licence Holder must maintain the approved arrangements at all times. B.5. At all times when street trading, the Licence Holder must wear a clean overall, keep themselves and their clothing clean, ensure every employee maintains a high standard of cleanliness, keep every moveable structure, kiosk, stall or vehicle in a clean and proper condition, and ensure all trade equipment, utensils, fixtures and fittings are clean. B.6. No smoking is permitted in a vehicle, kiosk or moveable stall at any time. Part C — Itinerant Street Traders Note: Part C applies only where the Licence authorises itinerant trading at changing locations. It does not apply to a static trader merely because a vehicle, trailer, kiosk or stall is used. Exclusion zone C.1. The Licence-Holder must not engage in street trading within 50 metres of any establishment or premises (this includes any land, shops, kiosks, vehicles and moveable structures) where any goods or articles are sold or offered for sale, or services are offered, which are of the same or similar type as those sold or offered by the Licence-Holder. The Licence-Holder may apply to the Licensing Authority for exemption from this Condition or part of it. If the Licensing Authority decides on the individual circumstances of each case to grant such an exemption, the exemption will not come into effect until it has been endorsed on this Licence. Refuse and litter C.2. The Licence Holder: (a) must collect and remove any refuse produced or accumulated as a result of the licensed activity, including refuse left by customers; (b) if remaining at a location for longer than five minutes, must provide an accessible litter bin or other receptacle for use by customers; (c) must not deposit refuse on any street, pavement, footway or other land; (d) must take reasonable steps to prevent any person engaged in or assisting with the licensed activity from depositing refuse on any street, pavement, footway or other land; and (e) immediately before leaving a location, must inspect the area within 25 metres of the trading unit, so far as safely and lawfully accessible, and collect and remove refuse reasonably attributable to the licensed activity. 27
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Movement and duration C.3.1. Where a trading unit stops, parks or is set up at a place for the purpose of the licensed activity, the Licence Holder must not cause or permit the trading unit, any ancillary equipment or the licensed activity to remain at that place for longer than 20 consecutive minutes unless the Licence bears an Extended Stop Endorsement under C.3.2. C.3.2. An Extended Stop Endorsement may state an exact maximum period, no longer than the Licensing Authority considers reasonably required: (a) not exceeding 60 consecutive minutes for ready-for-sale food meeting C.3.3(a); or (b) not exceeding 120 consecutive minutes for significant on-site food preparation or cooking meeting C.3.3(b). C.3.3. A longer period applies only where it is expressly endorsed on the Licence and the following requirements remain satisfied: (a) for a ready-for-sale food endorsement, the food has been prepared before arrival in accordance with the arrangements approved under B.3 and is ready for immediate sale or service on arrival, apart from packaging, portioning, adding condiments, preparing or dispensing drinks and maintaining a safe serving temperature; no cooking, baking, frying, grilling or reheating of food may take place at the location; or (b) for an on-site food preparation endorsement, the Licensing Authority has accepted that significant preparation or cooking at the location reasonably requires the endorsed period, taking account of the declared equipment and process, including any necessary equipment or oven heat-up, preparation, cooking, service, cleaning and departure. Note: Any request for an Extended Stop Endorsement will be considered on its individual merits. The applicant must provide sufficient supporting information and evidence to demonstrate that a period exceeding 20 minutes is reasonably required and that the relevant requirements of C.3.3 are met. C.3.4. An Extended Stop Endorsement relates to the approved trading method and trading unit and may be used at changing locations within the geographical area in which the Licence otherwise authorises itinerant trading. It does not create a fixed stance, require each proposed location to be notified to or approved by the Licensing Authority in advance, or displace A.10, A.11 or any other permission or legal requirement. C.3.5. The applicable maximum period under C.3.1 or C.3.2: (a) begins when the trading unit first stops, parks or is placed at the place for the purpose of the licensed activity, including waiting at the intended trading place; (b) ends only when the licensed activity has ceased and the trading unit and all ancillary equipment have been removed from the place; (c) includes parking, setting up, food or other preparation, equipment heat-up, waiting, taking and fulfilling orders, serving customers, cleaning, dismantling, clearing and departure; and (d) for the purposes of C.3.7 and C.3.8, a place is vacated only when the requirements of paragraph (b) are met. C.3.6. The applicable maximum period is not paused or reset by an absence of customers, a temporary cessation of trading, a staff break, repositioning at the place, or movement of the trading unit by less than 200 metres. The Licence Holder must stop taking orders in sufficient time to comply with the applicable maximum period. C.3.7. After vacating a place, the Licence Holder must not next stop, park or set up the trading unit for the purpose of the licensed activity, or next carry on the licensed activity, at any place less than 200 metres from the place vacated. C.3.8. Where the trading unit or any ancillary equipment remained at a place, or the licensed activity was carried on there, for longer than 20 consecutive minutes, the Licence Holder must not, during the three hours beginning when that place was vacated, stop, park or set up a trading unit for the purpose of the licensed activity, or carry on the licensed activity, at the place vacated or at any other place less than 200 metres from it. 28
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C.3.9. A distance under this Condition is measured in a straight line on a horizontal plane from the nearest point of the area previously occupied by the trading unit or ancillary equipment to the nearest point of the proposed trading unit or ancillary equipment. C.3.10. If a sudden vehicle or equipment breakdown, collision, medical emergency, unsafe road condition or direction of a Police Officer or Authorised Officer prevents safe or lawful movement: (a) C.3.1, C.3.7 and C.3.8 are suspended only to the extent and for the period reasonably necessary; (b) the Licence Holder must cease the licensed activity immediately, take all reasonable steps to remove the trading unit and ancillary equipment as soon as it is safe and lawful, and comply with any officer's direction; and (c) the Licence Holder must retain reasonable evidence of the event and provide it to the Licensing Authority on request. Note: Ordinary queues, preparation time, cleaning, late-arriving customers and other operational delays are not emergencies and do not extend the applicable maximum period. 29
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Appendix 4 Licensing Application Evidence Date Holder / licence Decision relevant to C.3 10 March 2021 / 9 February 2022 Bernadette McQuade, Ayrshire's Wee Fish Van STL/O/516 and STL/O/518 C.3 changed from 20 to 60 minutes. Initially reviewable within one year; continued in February 2022 for the duration of the licences and replacement renewals. 7 June 2021 / 9 March 2022 Stewart Cape and Carrie Simpson, Seaview Coffee and Cakes STL/O/522 60 minutes, followed by a move of at least 200 metres to a location not traded from that day. Continued on the full licence. 3 October 2022 Natalie Harkin STL/O/526 C.3 changed from 20 to 60 minutes. 16 November 2022 Nicola Robinson & James Smith t/a Munchy Van STL/O/528 C.3 changed from 20 to 60 minutes. 4 February 2026 Abigail Lavery t/a Joanna’s Chippy Van STL/O/536 C.3 changed from 20 to 2 hours at The Vendies, Corsehill Mount Road, Dreghorn, Irvine KA11 4JZ, Monday to Friday only. 29 April 2026 Christopher Walker and Ashley Burns STL/O/564 20 to 90 minutes throughout North Ayrshire; up to three hours on Saturdays at Dunbia Highland Meats Car Park, Saltcoats. Review after six months. Objections were before Committee. 3 June 2026 Ellwoods Pizza Ltd STL/O/574 Temporary C.3 changed from 20 minutes to 2 hours 12 August 2026 Ellwoods Pizza Ltd STL/O/574 Full C.3 changed from 20 minutes to 2 hours 12 August 2026 Karen Ballentine t/a Bubba’s Bakes STL/O/563 C.3 changed from 20 to 60 minutes 12 August 2026 Alexandra Broadley t/a Selkie Sweets STL/O/567 C.3 changed from 20 to 60 minutes Licensing Administration reports a recent increase in applications or requests concerning the 20-minute rule and supportive public representations in recent cases. 30