Agenda - 12 August 2026
North Ayrshire Council · 12 August 2026
Back to North Ayrshire Licensing Board — 12 August 2026 and its agenda
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Cunninghame House Irvine KA12 8EE 4 August 2026 North Ayrshire Licensing Board You are requested to attend a Meeting of the North Ayrshire Licensing Board to be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine on Wednesday 12 August 2026 at 12.00 P.M. to consider the undernoted business. Yours faithfully Clerk to the Licensing Board 1. Declarations of Interest 2. Minutes Submit Minutes of the Board Meeting held on 8 June 2026. 3. Licences and Applications under the Licensing (Scotland) Act 2005 Submit report by the Clerk to the Licensing Board on applications under the Licensing (Scotland) Act 2005. (copy enclosed) 4. Any Other Business
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Licensing Board Sederunt: Eleanor Collier (Convenor) Chair: Nairn Angus-McDonald (Vice-Convenor) John Bell Cameron Inglis Christina Larsen Matthew McLean Donald L Reid Ronnie Stalker Angela Stephen Apologies: Meeting Ended:
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AGENDA ITEM 2 Page 1 of 8 DRAFT North Ayrshire Licensing Board 8 June 2026 This Minute is published in draft a few days after the Meeting to which it related. It should be regarded as provisional until it has been approved, with or without revisals, by the Licensing Board at a future meeting. Irvine, 8 June 2026 - At a meeting of the North Ayrshire Licensing Board at 10.00 am in the Council Chambers, Cunninghame House, Irvine. Present Councillors Eleanor Collier (Convenor), Cameron Inglis, Christina Larsen, Matthew McLean, Donald L Reid, Ronnie Stalker and Angela Stephen. In Attendance R Lynch, Clerk, D Grier, Solicitor (Legal Services), C Pollock, Licensing Manager, I Kerr, Licensing Standards Officer and M Champion, Administration Officer (Licensing). Also In Attendance Sergeant David Markin (Police Scotland) and Scott McLelland (Team Manager, Building Standards). Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Nairn Angus-McDonald and John Bell. 1. Declarations of Interest There were no Declarations of Interest. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 29 April 2026. The Board unanimously agreed to confirm and adopt the Minutes. 3. Licences and Applications under the Licensing (Scotland) Act 2005. The Board considered a report by the Clerk to the Licensing Board on matters under the Licensing (Scotland) Act 2005. The report, on this occasion, contained 1 Appendix; A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matters as follows;
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AGENDA ITEM 2 Page 2 of 8 A. Premises Licence applications or any other applications requiring a Hearing A.1 0561 Picnic Arran, Brodick Pier, Isle of Arran The Board considered an Application for the grant of a Provisional Premises Licence made by Cladach Beach House Ltd. The Applicant was represented by Stuart Fraser, Director, Cladach Beach House Ltd. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Mr Fraser; - a Report from Isaac Kerr, LSO, following a site visit, which is published on the Council website; - written representations from Arran Community Council and Building Standards; - submissions from Scott McLelland, Building Standards, following a Building Standards site visit; and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should Grant the Provisional Premises Licence subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A, B, C and F. Councillor Reid seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.2 0562 Salt & Thistle, Shore Road, Whiting Bay, Isle of Arran The Board considered an Application for the grant of a Premises Licence made by Salt & Thistle Arran Ltd. The Applicant was represented by Duncan Heenan, Director, Salt & Thistle Arran Ltd. The Convenor highlighted that as the Section 50 Certificate from Building Standards has not yet been issued, the application could not proceed as a Premises Licence application. Mr Heenan requested that the Board proceed with the application as a Provisional Premises Licence application.
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AGENDA ITEM 2 Page 3 of 8 The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Mr Heenan; - a Report from Isaac Kerr, LSO, following a site visit, which is published on the Council website; - written objection from Arran Community Council and representation from Building Standards; - submissions from Scott McLelland, Building Standards, following a Building Standards site visit, clarifying occupant capacity of 48 persons (42 seated and 6 standing); and decided that there was no need to retire to consider the case. Councillor McLean moved as a Motion that the Board should Grant the Provisional Premises Licence subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A, B, C and F. Standard Condition C.5.2 (Outdoor Drinking Area) was amended to read: “No alcoholic drinks shall be taken into or consumed in such areas earlier than 11.00 a.m. and later than 10.00 pm". Councillor Stalker seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.3 Premises Licence 0224 The Paddle Steamer, 1 The Promenade, Largs The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, JD Wetherspoon (Scot) Limited. The applicant was represented by Stephen McGowan, Solicitor and he was accompanied by Jai Nair, Area Manager, JD Wetherspoon (Scot) Limited. The Board considered: - as a preliminary matter, the Board considered and accepted a late representation from Police Scotland; - the Summary Report prepared by the Clerk which is published on the Council website;
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AGENDA ITEM 2 Page 4 of 8 - submissions from the Applicant’s Agent, Mr McGowan; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; - written submissions from 2 Objectors, Largs Community Council and Councillor Ian Murdoch. Councillor Murdoch was present; - submissions from Scott McLelland, Building Standards, clarifying the maximum capacity including table occupancy would be 375 persons; and retired to consider the case at 11.07 am, reconvening at 11.20 am. The Convenor moved as a Motion that the Board should continue consideration of the application to the Licensing Board Meeting on 7 September 2026 to enable the Premises Manager and local Area Manager to attend and for the provision by the Licence Holder of further, more detailed information in relation to the capacity request. The Board unanimously agreed to continue consideration of the application to the next Licensing Board meeting. A.4 Premises Licence 0524 Fintry Bay, Fintry Bay House, West Bay Road, Millport The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, Fintry Bay Cumbrae Ltd. The applicant was represented by Audrey Ferrie, Solicitor and she was accompanied by Connie Taberner, Director, Fintry Bay Cumbrae Ltd. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Ms Ferrie; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; - submissions from Scott McLelland, Building Standards, clarifying the outside area is not included in the Building Standards occupant capacity calculation; and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should grant the Variation Application. Councillor McLean seconded this Motion.
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AGENDA ITEM 2 Page 5 of 8 The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.5 Premises Licence 0464 Luca’s, 15 Stuart Street, Millport The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, Stuart Street 15 Limited. The applicant was represented by Audrey Junner, Solicitor and she was accompanied by Luke White, Director, Stuart Street 15 Limited. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Ms Junner; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; - photograph provided by NAC Roads Department outlining the extent of the pavement area that can be used; and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should grant the Variation Application. Standard Conditions B (off sales) and F (entertainment) should be added. Councillor McLean seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously.
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AGENDA ITEM 2 Page 6 of 8 A.6 Premises Licence 0311 Ardeer Recreation Bowls Club, Townhead Street, Stevenston The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, Ardeer Recreation Bowls Club. The applicant was represented by Andrea McGowan, Bar Convenor and Isobel Sweeney, Club Secretary. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Ms McGowan; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should grant the Variation Application. Standard Condition Part K (Clubs to which Section 125 does not apply) will replace Part I (Section 125 (Special Status) Clubs). Councillor McLean seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.7 Premises Licence 0543 Bar 10, 19 Bridgegate, Irvine The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, Pops Bar Ltd. The applicant was represented by Kay Abercrombie, Director, Pops Bar Ltd. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant, Ms Abercrombie; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; and decided that there was no need to retire to consider the case.
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AGENDA ITEM 2 Page 7 of 8 The Convenor moved as a Motion that the Board should grant Variation 1 (on sales opening hours from 10am, Monday to Sunday), Variation 2 (terminal hour on Thursday to 01.00am) and Variation 4 (Off sales amended to 10am-10pm, Monday to Sunday) and refuse Variation 3 (terminal hour on Friday and Saturday to 02.00am) on the basis that 02.00am is out with the Board’s Policy. Councillor McLean seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.8 Premises Licence 0322 The Irvine Golf Club, The Clubhouse, Sandy Road, Bogside, Irvine The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, The Irvine Golf Club. The applicant was represented by William Cameron, Club Captain and was accompanied by Connor Reilly, Bar Manager. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Mr Cameron; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; and decided that there was no need to retire to consider the case. Councillor McLean moved as a Motion that the Board should grant the Variation Application. Councillor Reid seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.9 Premises Licence 0432 Gulab Brasserie, 2A Stanecastle Road, Irvine The Board considered an Application for the grant of Variations of a Premises Licence made by the Licence Holder, Davinder Summel. Mr Summel was present.
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AGENDA ITEM 2 Page 8 of 8 The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from Mr Summel; - a Report from Isaac Kerr, LSO, following a Licensing inspection, which is published on the Council website; - submission from Scott McLelland, Building Standards, confirming the issue with the dangerous chimney stacks has now been satisfactorily dealt with; - written submission from 1 Objector; and decided that there was no need to retire to consider the case. Councillor McLean moved as a Motion that the Board should grant the Variation Application. Councillor Stalker seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. 4. Any Other Business There was no other business to consider. The meeting ended at 12.15 pm.
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Agenda Item 3 12 August 2026 North Ayrshire Licensing Board Title: Applications for Licences and other matters arising under the Licensing (Scotland) Act 2005. Purpose: To advise the Board of the Law and the factual background. Recommendation: That the Board determines the matters before it and takes such action as is competent in each case. 1. Executive Summary 1.1 The Licensing Board is responsible for determining Applications for Licences and other matters arising under the Licensing (Scotland) Act 2005 (such as Review Hearings involving holders of Premises Licences and Personal Licences). 1.2 The Board has approved a Scheme of Delegation whereby certain matters can be delegated to the Clerk and other licensing staff. Matters which cannot be delegated, or where the officers have declined to exercise the delegation, are referred to the Board. 2. Background 2.1 The Applications and other matters before the Board are detailed in the attached summaries. Each summary contains details of the application for each individual case before the Board. These summaries set out the particular factual and legal issues which the Clerk considers arise in each case. 2.2 Where relevant, any reports have been copied to the Applicants or Licence- Holders. Where objections or representations are competent, these have been copied to the Applicant so that a response might be made at the Board Hearing. 3. Proposals 3.1 In each case, after considering the Application and after hearing any submissions for the Applicant and persons making objections or representations, the Board should determine each matter before it and decide whether to grant the application, where applicable, or otherwise take such action as is competent.
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4. Implications/Socio-economic Duty Financial: There are possible financial implications in relation to any Licensing decision. Human Resources: None. Legal: There are possible legal implications in relation to any licensing decision. Many Board decisions may be appealed against, but not all, and not all parties to a case have a right of appeal. Equality/Socio- economic Duty: 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 Board otherwise in a particular case, there are no significant impacts to be considered.
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Climate Change and Carbon: None Key Priorities: North Ayrshire Council has priorities for "Communities and Local Democracy" and "Wellbeing" in the Council Plan 2023-2028. An effective licensing system, for example monitoring the ‘fit and proper’ status of licence- holders and the suitability of premises, helps achieve Strategic Aim-Wellbeing. Community Wealth Building: There are no Community Wealth Building issues. 5. Consultation 5.1 Consultation has taken place in line with statutory requirements. The requirements vary depending on the particular issue raised, and where appropriate these are detailed in the report for each case. Raymond Lynch Clerk For further information please contact Raymond Lynch, Clerk, on licensing@north-ayrshire.gov.uk. Background Papers 0
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APPENDIX A Premises Licence Applications or any other Applications requiring a Hearing Case No. Licence No. Applicant Licence Holder Premises Comments 1. 0432 North Ayrshire Davinder Summel Council Trading Standards Gulab Brasserie t/a Gulab Tandoori 2A Stanecastle Road Irvine KA11 1AE Premises Licence Review Application – Section 36
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CASE 1 THE LICENSING (SCOTLAND) ACT 2005 Premises Licence Review - Section 36 Premises Licence Reference: 0432 Name and Address of Premises: Gulab Brasserie t/a Gulab Tandoori 2A Stanecastle Road Irvine KA11 1AE Applicant: North Ayrshire Council Trading Standards Premises Licence Holder: Davinder Summel Designated Premises Manager: Davinder Summel Type of Premises: Licensed restaurant with a lounge bar and hot- food takeaway facility. Residential properties are situated to the sides and rear; open space lies to the front, beyond which is Stanecastle roundabout. Review Application: Application under section 36 for review of the premises licence. Ground Relied Upon: Trading Standards relies on section 36(3)(b), alleging matters relevant to the licensing objectives of securing public safety and protecting and improving public health. The allegations remain to be determined by the Board. Summary of Application: Following a joint inspection on 15 May 2026, presumptive tests on two opened bottles displayed as Smirnoff No.21 Red Label Vodka 37.5% did not detect Diageo's covert marker; a control test on an unopened bottle did. The opened bottles were seized. Diageo subsequently reported that the marker was absent from both samples and concluded that their contents were not consistent with the genuine product. The measured alcohol strengths and conductivity were within the stated product specifications, and the substitute liquid was not identified. Applicant's Requested Outcome: Trading Standards asks the Board to consider suspension of the premises licence. Alternatively, it proposes replacement of the designated premises manager and a requirement that all staff hold personal licences. These are the applicant's requests and are not recommendations by the Clerk or Licensing Standards Officer. Licensing Standards Comments: See attached report. The Licensing Standards Officer makes no specific recommendation as to outcome.
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Matters for the Board: The Board must first determine whether the ground for review is established. If it is not, no action may be taken. If it is established, section 39 permits the Board to take no action or to take any step it considers necessary or appropriate for the purposes of a licensing objective: issue a written warning; vary the licence; suspend it for a period determined by the Board; or revoke it. Any finding under section 84 concerning Mr Summel's personal conduct requires separate consideration of whether he personally acted inconsistently with a licensing objective while working at the premises and would trigger the statutory personal-licence procedure.
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LSO BOARD REPORT Subject Section 38(4): LSO Report on Premises Licence Review Premises Gulab Brasserie, 2A Stanecastle Road, Irvine, KA11 1AE Premises Licence Holder Davinder Summel Premises Licence Ref 0432 Date of Report 30 July 2026 Recommendation That the Board take this report into account when determining the premises licence review application LSO Comments Introduction This report is prepared under section 38(4) of the Licensing (Scotland) Act 2005 following notification that North Ayrshire Council Trading Standards has applied under section 36 for a review of the premises licence. Trading Standards relies on the ground in section 36(3)(b), alleging matters relevant to the licensing objectives of securing public safety and protecting and improving public health. The application arises from a joint inspection on 15 May 2026. Trading Standards reports that presumptive tests on two opened bottles displayed on the gantry as Smirnoff No.21 Red Label Vodka 37.5% did not detect Diageo's covert marker. A control test on an unopened bottle from the premises detected the marker. The two opened bottles were seized and subsequently submitted for laboratory analysis. The Diageo report records that the covert marker was not detected in either submitted sample and concludes that the contents were not consistent with genuine Smirnoff No.21 Red Label Vodka 37.5%. The measured alcohol strengths were 37.56% and 37.52%, both within the stated specification of 37.30%-37.70%, and the conductivity readings were also within specification. The report does not identify the liquid contained in the bottles. Trading Standards asks the Board to consider suspending the premises licence or, at a minimum, varying it by requiring a new designated premises manager and all staff to hold personal licences. The decision whether a ground is established and, if so, whether any step is necessary or appropriate is for the Board. This is my report on the premises licence review application under section 38(4). It is not a separate report under section 84B concerning the conduct of a personal licence holder. LSO Compliance History Since taking up post, I have visited the premises on a number of occasions. A full compliance inspection was undertaken on 28 August 2025. A number of licensing compliance issues were identified, principally the absence of required statutory signage and deficiencies in staff training records, which were either unavailable for inspection or had not been completed appropriately. Advice and guidance were provided to the premises licence holder. A follow-up inspection on 11 September 2025 found that the matters identified during the previous visit had been satisfactorily addressed and no further concerns were noted within the scope of that inspection.
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LSO BOARD REPORT Subsequent visits were pre-Board inspections with a limited purpose, including checking the display of the required site notice and general matters relevant to the pending application. No issues were identified within the scope of those visits. The most recent pre-Board inspection took place on 21 May 2026, at which time the premises was found to be compliant. On each occasion, Mr Summel has taken advice on board and actively sought to rectify any issues identified. LSO Assessment The absence of the covert marker from both samples is significant evidence that the contents were not consistent with genuine Smirnoff as labelled. However, the material presently before me does not identify the substitute liquid; establish whether, when or by whom either bottle was altered or refilled; or establish who knew of the contents. The Diageo results also show that the measured alcohol strength and conductivity were within the stated product specifications. No harm to a customer is identified in the papers. From a licensing-compliance perspective, contents which the expert report concludes were not consistent with the genuine product, in bottles displayed for sale, raise a serious issue about stock provenance and management control. In assessing the present position, the Board may wish to consider the explanation given, the extent of Mr Summel's personal knowledge or involvement, the reliability of current stock controls and any remedial action. From an operational perspective, a condition requiring every member of staff to hold a personal licence would extend to employees who do not sell or supply alcohol and would not be targeted to the issue identified. If the Board concludes that additional controls are required, these would need to have a more direct connection to the circumstances alleged. The request for a new designated premises manager should be considered in light of the evidence about Mr Summel's own conduct and the current management arrangements. Conclusion The Board must first determine whether the ground for review has been established. If it is not established, no action may be taken. If it is established, section 39 permits the Board to take no action or to take such step as it considers necessary or appropriate for the purposes of any licensing objective. The available steps are to: - issue a written warning; - vary the premises licence; - suspend the premises licence for such period as the Board may determine; or - revoke the premises licence. In the course of determining the s.36 premises licence review, the Board also have the option under s.84 of the Licensing (Scotland) Act 2005 to determine whether the Premises Manager (at the time of when the review was requested), while working at licensed premises, personally acted inconsistently with a licensing objective. Any finding could then trigger a personal licence procedure under s.84. Having regard to the information set out above, I make no specific recommendation as to the outcome of the premises licence review. I invite the Board to take this report into account alongside the review application, the Diageo report, any response from the premises licence holder and the evidence and submissions at the hearing. Isaac Kerr Licensing Standards Officer, North Ayrshire Council
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Date 09/07/2026 Our Ref: NAC/001 The Clerk Licensing Section North Ayrshire Licensing Board First Floor Cunninghame House IRVINE KA12 8EE Dear Sir/Madam, LICENSING (SCOTLAND) ACT 2005 – SECTION 36 PREMISES LICENCE REVIEW APPLICATION PREMISES: GULAB TANDOORI, 2A STANECASTLE RD, IRVINE, KA11 1AE PREMISES LICENCE HOLDER: DAVINDER SUMMEL DESIGNATED PREMISES MANAGER: DAVINDER SUMMEL In terms of section 36 of the Licensing (Scotland) Act 2005, North Ayrshire Trading Standards are requesting a review of the premises licence allowing the sale of alcohol. Whilst raised by North Ayrshire Trading Standards, it should be noted that both Police Scotland’s Divisional Licensing, and North Ayrshire Council’s Licensing Standards Officer, are aware of this request. The grounds for this review are that two of the five core licensing objectives, to which Gulab Tandoori is subject to, have been breached – namely: Securing Public Safety Protecting and Improving Public Health The Premises Licence granted by North Ayrshire Council allows the Gulab Tandoori to open for the consumption of alcohol on the premises from:
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1100-0000hrs Sunday to Wednesday 1100-0100hrs Thursday to Saturday The Premises Licence Holder to The Gulab Tandoori is Davinder Summel. Following concerns raised by the Police Service of Scotland’s Divisional Licensing regarding non-standard receptacles found at the premises and being used to serve alcohol (namely “syringe” shots), North Ayrshire Trading Standards were appraised and attended to conduct pertinent enquiries. The North Ayrshire Trading Standards visit was conducted on Friday 15/05/2026. This evening of action was also attended by other partners - led by HMRC’s Border Force, and in the accompaniment of Police Scotland’s Divisional Licensing department. As part of the inspection, simple presumptive dipstick samples were conducted on the Smirnoff and Gordons products on display for sale on the gantry of the locus. This involves officers using dipstick testing strips which are provided by the Diageo brand protection team. Smirnoff and Gordons products contain trace amount of an added “sugar marker” which the test strips detect. Global production of this sugar marker is controlled and supplied from a single Diageo site to ensure control and consistency and application at bottling is controlled by their technical equity team. This sugar marker is what the testing strips use to provide a high-level indication of authenticity, but further tests must be completed by authorised staff and laboratories. Presumptive tests on two bottles of Smirnoff No21 Red Label Vodka 37.5% found on the gantry within the locus returned negative for their liquid contents – suggesting that the contents within these bottles was not Smirnoff No21 Red Label Vodka 37.5% as described on the bottle. A further control sample was also taken whilst at the locus from an unopened bottle of Smirnoff No21 Red Label Vodka 37.5% found within the locked storage area. This returned positive for the sugar marker, thus further confirming the bottles on the gantry did not contain Smirnoff as labelled. As per standard operating procedures, officers seized both bottles and signed and marked both bottles and placed within a tamperproof evidence bag and thereafter personally delivered the productions to, Diageo International Supply Centre, Glenochil, where further testing would be completed. A Category Liquid Specialist for Diageo International Supply Centre was requested to conduct lab tests in relation to the contents of the two bottles seized. A copy of these results is attached to this Premises Licence Review Application.
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The lab tests support the initial presumptive tests - that the liquid contents of both seized bottles are not consistent with a genuine bottle of Smirnoff No21 Red Label Vodka 37.5%. Whilst the testing does not identify the substitute liquid, it confirms that the contents were not consistent with genuine Smirnoff No.21 Red Label Vodka 37.5% as described and labelled. This misleads consumers into thinking they are receiving the quality they paid for, but they are being overcharged for a lower quality product. Passing off cheap spirits defrauds customers and violates the Consumer Protection from Unfair Trading Regulations. In respect of public safety, a duty is placed on the licence holder to ensure that the public are kept safe in relation the sale and supply of alcohol. Non-genuine produce being sold within legally produced branding is, in essence, counterfeiting. This lack of regulation opens the risks of ethanol content, toxicity, allergy risk and numerous other health implications from its illicit sale. In respect of Protecting and Improving Public Health, the presence of non- genuine alcohol displayed for sale within the premises demonstrates a serious failure in management and control and is inconsistent with the licensing objective of Protecting and Improving Public Health - Licensing (Scotland) Act 2005. It is not known how many patrons have consumed non-genuine produce from the Gulab Tandoori premises and their associated health implications, if any. Alcohol related harm is already well documented for genuine products that meet UK quality and safety measures. For this non-genuine product, which would appear to stem from refilling true branded bottles, the risks are immeasurable. Intoxication from genuinely produced, high quality UK vendors are still associated with alcohol related crime, violence and anti-social behaviour – let alone non- genuine alcohol consumption. Even when sold legitimately, the financial, health and social costs associated with the misuse of alcohol is well-established. The need for responsible licence holders, management and their staff who work within the licensed premises is particularly important to ensure a safe and secure environment within which to socialise. North Ayrshire Trading Standards has serious concerns that the licensing objectives of Securing Public Safety and Protecting and Improving Public Health are not being promoted at these premises. Davinder Summel was, at all material times, the Premises Licence Holder and the Designated Premises Manager. Accordingly, responsibility for the management of the premises and for ensuring that alcohol sold to the public was genuine and lawfully supplied rested with him.
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The evidence gathered demonstrates that two bottles displayed for sale as Smirnoff No.21 Red Label Vodka 37.5% contained liquid that laboratory analysis confirmed was not consistent with the genuine product described on the label. The display and intended sale of alcohol falsely represented as a genuine branded spirit constitutes a serious failure of management and oversight within a licensed premises. I respectfully request, on behalf of North Ayrshire Trading Standards, that the Licensing Board consider that the Gulab Tandoori licence be suspended under the terms of Section 39(2) of the Act, for such a period as the Board may determine. This suspension length should take into consideration the time in replacing the Designated Premises Manager - and ensuring that all staff have valid Personal Licences. Notwithstanding this, at the very least, on behalf of North Ayrshire Trading Standards, I request the following conditions be imposed by the Licencing Board to improve the operating of the premises: • Appointing a new DPM who will manage the premises honestly and effectively. • All members of staff employed to be Personal Licence Holders. This information is for the assistance of the Licensing Board and is supplied in the strictest confidence and for the purposes of this application only. Your faithfully Steven Bodys Trading Standards Officer
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