Agenda 7 September 2026
North Ayrshire Council · 7 September 2026
Back to North Ayrshire Licensing Board — 7 September 2026 and its agenda
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Cunninghame House Irvine KA12 8EE 4 September 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 Monday 7 September 2026 at 10.00 A.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 12 August 2026. 3. Chief Constable's Annual Report - Licensing (Scotland) Act 2005, Section 12A for year to 31 March 2026 Submit report to the Licensing Board by the Chief Constable of Police Scotland (copy enclosed). 4. 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) 5. North Ayrshire Licensing Board Annual Functions Report under Section 9A of the Licensing (Scotland) Act 2005 for the Financial Year 2025-2026 6. North Ayrshire Licensing Board Annual Financial Report under Section 9B of the Licensing (Scotland) Act 2005 for the Financial Year 2025-2026 7. Consideration of the Board's Draft Statement of Principles and Local Area Profile To seek authority to consult on a full replacement Statement of Principles and supporting Local Area Profile for the remainder of the current statutory period. 8. 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 2 DRAFT North Ayrshire Licensing Board 12 August 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, 12 August 2026 - At a meeting of the North Ayrshire Licensing Board at 12.00 pm in the Council Chambers, Cunninghame House, Irvine. Present Councillors Eleanor Collier (Convenor), Cameron Inglis, Christina Larsen, Matthew McLean, Donald L Reid and Ronnie Stalker. 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 Steven Bodys, Trading Standards Officer; Ian Hunter, Solicitor; and Davinder Summel, Premises Licence Holder and Designated Premises Manager. Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Nairn Angus-McDonald, John Bell and Angela Stephen. 1. Declarations of Interest Councillor Nairn Angus-McDonald submitted his Declaration of Interest by email. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 8 June 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 a matter under the Licensing (Scotland) Act 2005. The report, on this occasion, contained one Appendix: A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matter as follows;
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AGENDA ITEM 2 Page 2 of 2 A.1 Premises Licence 0432 - Gulab Brasserie, 2A Stanecastle Road, Irvine The Board considered an application by North Ayrshire Council Trading Standards for review of the Premises Licence under section 36 of the Licensing (Scotland) Act 2005. The Premises Licence Holder and Designated Premises Manager, Davinder Summel, was represented by Ian Hunter, Solicitor. The Board considered: - the Premises Licence Review Application and supporting report prepared by Trading Standards, together with the associated test results and Diageo report; - submissions from Steven Bodys, Trading Standards Officer; - a report from Isaac Kerr, Licensing Standards Officer and his submissions to the Board; - submissions from the Premises Licence Holder's Agent, Mr Hunter; - submissions from the Premises Licence Holder, Mr Summel; and - the responses given to questions from Members. The Board determined that the ground for review under section 36(3)(b) was established. In particular, the Board accepted the evidence that the contents of two bottles displayed and offered for sale as Smirnoff vodka were not consistent with genuine Smirnoff vodka. The Board adjourned to consider the appropriate disposal at 1.06 pm and reconvened at 1.25 pm. Upon reconvening, Councillor Inglis, seconded by Councillor Stalker proposed: (i) to issue a written warning to the Premises Licence Holder under section 39(2)(a) of the Act; and (ii) for the purposes of section 84(1) of the Act, that Mr Summel, while working at the premises, had acted in a manner inconsistent with the licensing objectives of securing public safety and protecting and improving public health, and that a separate hearing under section 84(2) be held at the next meeting of the Licensing Board to determine whether any order should be made in respect of his Personal Licence. 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. In reaching its decision, the Board placed significant weight on the expert evidence that the two bottles did not contain genuine Smirnoff vodka and regarded this as a serious failure of stock provenance and management control. The Board also took account of the fact that the substitute liquid had not been identified, that its measured alcoholic strength was within the stated product specification, that no actual harm to a customer had been identified, Mr Summel's previous co-operation with the Licensing Standards Officer, and the remedial measures described at the hearing. The Board considered a written warning to be the necessary, appropriate and proportionate disposal of the Premises Licence Review. No order was made in respect of Mr Summel's Personal Licence at this meeting. Any such order will be a matter for determination only after he has been given the opportunity to be heard at the separate section 84 hearing.
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OFFICIAL Page | 1 OFFICIAL OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED Nort h A yrshire Licensing Report 2025 - 2026 AGENDA ITEM 3
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NOT PROTECTIVELY MARKED Page | 2 Foreword I am pleased to present the Annual Licensing Report for the 2025/26 period, prepared in line with Section 12(A) of the Licensing (Scotland) Act 2005. Over the last twelve months, our core focus has been on strengthening public trust and safety across ScoF2tland's communities. By prioritising preventative action and early intervention, we continue to make meaningful progress toward our 2030 vision of safer communities, less crime, supported victims, and a thriving workforce. Effective licensing regulation is built on collaboration. Our close working relationships with Scotland’s 32 local authorities, Licensing Boards, the licensed trade and a wide range of stakeholders remain fundamental to our success. Together we have balanced the needs within the licensing sector with our shared responsibility to address alcohol related harm, tackle disorder and anti-social behaviour. As well as safeguarding children and young people. A significant focus during the year was our preparation for and delivery throughout the Fifa World Cup 2026. Extended licensing hours and increased demand across the hospitality sector required careful planning, strong partnership working and a co- ordinated policing response. Thanks to the professionalism of our officers, staff and partners, these challenges were met successfully while maintaining public safety and supporting communities across Scotland. As we look ahead, we remain committed to delivering a fair, consistent and effective licensing service. By continuing to work closely with our partners and engaging positively with the licensed trade we will ensure our approach remains balanced, proportionate and responsive to emerging trends. I would like to thank our partners for their continued commitment, professionalism and support throughout the year. The achievements highlighted in this report are testament to our collaborative efforts and shared ambition to make Scotland’s communities safer places to live, work and visit. Chief Constable Jo Farrell KPM AGENDA ITEM 3
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Page | 3 NOT PROTECTIVELY MARKED Police Scotland Licensing Overview – The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within the National Policing Together Division and have staff based across the force. The department has overall responsibility for determining and delivering national licensing strategy and policy, providing advice, guidance and support to divisional licensing teams and undertaking other specialist functions. The VPLCU is a specialist department which consists of a small team of officers. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide advice to police licensing practitioners, operational officers, supervisors and policing commanders. The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the illegal or irresponsible sale, supply or consumption of alcohol with the intention of preventing and reducing crime and disorder. During 2025/2026, from a licensing perspective, our particular focus remained on the following; • Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises. • Delivering and promoting campaigns which seek to address issues arising from the consumption of alcohol, particularly in relation to young persons and in the context of the night-time economy. • Continued governance and ongoing development of the National ICT Licensing System, known as “Inn Keeper”, reference the efficiency and effectiveness of liquor and civic licensing administration and management. Police Scotland continue to work on upgrading the National ICT system to ensure compliance with GDPR legislation. Each of the 13 Local Policing Divisions have a licensing team responsible for the day-to-day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area. AGENDA ITEM 3
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NOT PROTECTIVELY MARKED Page | 4 LICENSING BOARD AREA The Licensing Board area is policed by North Ayrshire Sub-Division Chief Superintendent Suzanne Chow is the Local Police Commander who has the responsibility for all day-to-day policing functions. Senior Officers Chief Inspector Helen Downie Area Commander Inspector Gareth Griffiths Head of Ayrshire Licensing Department Sergeant David Markin Ayrshire Licensing Department Local Policing Priorities Following our public consultation process, the policing priorities for North Ayrshire Division, as set out in our Local Policing Plan are as follows. • Drug dealing and drug misuse • Violence and antisocial behaviour • Dishonesty • Road Safety. Description of Board Area There is a total of 384 licensed premises confirmed by North Ayrshire, and the breakdown as of May 2026 is as follows: • 94 On-Sales (includes 4 Provisional Premise Licence) • 151 On/Off Sales (includes 1 Provisional Premise licence) • 139 Off-Sales (includes 4 Provisional Premise Licence) OPERATION OF THE LICENSING (SCOTLAND) ACT 2005 Alcohol pervades across a wide range of issues in our society, and is often a factor in incidents of violence, domestic abuse, and anti-social behaviour. AGENDA ITEM 3
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Page | 5 NOT PROTECTIVELY MARKED Therefore, licensed premises are carefully monitored with all incidents in and around such premises scrutinised to ensure compliance with the local and national licensing objectives to understand potential problematic premises and provide the appropriate policing response. A problem-solving approach is implemented in conjunction with the Premises Licence Holder and Designated Premises Managers. Premises that continue to fall below expected standards can be subject of formal police interventions and in some cases, a review being submitted to the Licensing Board. Ayrshire Divisional Licensing Department utilises the Inn keeper database to highlight monitored and problematic premises, this allows our officers to focus their attention on the premises requiring the most support and attention. Board Decisions Application for a Premise Licence In the North Ayrshire board area during the reporting year, we received 8 applications and there were no premises licence objections or representations submitted to the North Ayrshire Licensing Board by Police Scotland. Application for Review of Licence In the North Ayrshire board area during the reporting year there was one premises licence review request submitted to the North Ayrshire Licensing Board by Police Scotland. Variation/Transfer to a Premise Licence During the reporting year we have received 29 applications relating to variations or transfer requests and there were no objection or representation letters submitted to North Ayrshire Licensing Board by Police Scotland. AGENDA ITEM 3
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Page | 6 NOT PROTECTIVELY MARKED Personal Licences Personal licences are carefully considered by Ayrshire Division Licensing in line with policy and legislation before being returned to the local authority. In the reporting year we have received 153 applications and there has been one objection letter and one representation letter submitted to North Ayrshire Licensing Board by Police Scotland. Personal Licence Reviews During the reporting year there has been one Personal Licence review submitted to North Ayrshire Licensing Board by Police Scotland Formal Police Interventions Our focus is to improve the safety and wellbeing of people, places, and communities in North Ayrshire by focusing on keeping people safe. This is done by local officers who are proactively identifying and addressing concerns regarding licensed premises at an early stage. Through early intervention and working in partnership with Designated Premise Managers and Premise Licence Holders, areas of concern have been successfully resolved without the requirement for a premises or personal licence review. Three premises within the North Ayrshire Board Area have been subject of a formal intervention agreement in the reporting year. Such agreements are entered into between Premises Licence Holders and Police Scotland and set out areas in which improvement could be made. Each agreement is monitored and reviewed within a specific timescale to ensure that the necessary improvements have been implemented. The formal intervention process should result in an improvement in standards and practices. The process also ensures that Police Scotland utilises a fair and evidence-based approach prior to pursuing a formal review of a premises licence if agreed terms are not being complied with or if there are recurring issues. PREVENTING THE SALE OR SUPPLY OF ALCOHOL TO CHILDREN OR YOUNG PEOPLE In North Ayrshire there have been no reports submitted to the Procurator Fiscal for contravention of Section 102 of the Licensing (Scotland) Act 2005, which relates to the sale of alcohol to a child or young person. AGENDA ITEM 3
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Page | 7 NOT PROTECTIVELY MARKED TACKLING SERIOUS AND ORGANISED CRIME Serious and Organised Crime (SOCG) presents a clear threat to the Ayrshire Licensing trade and legitimate economy. As a result, Ayrshire Division continues to target known criminality in this area as well as attempting to reduce the opportunity for individuals to exploit legitimate licensing opportunities for their own illegitimate means. Licensing staff work closely with divisional intelligence teams to explore intervention opportunities against Serious and Organised Crime Groups. At this current time, there are four Serious and Organised Crime Groups being managed by Ayrshire Division with some of these groups having a known interest in a business requiring some form of licence to operate. One of the groups are based in North Ayrshire, however, all operate on a pan-Ayrshire basis. This involvement in the licensing trade is often a direct result of the expertise or experience of an individual from their group in that business sector, and/or the chosen business, providing an ability to launder criminal proceeds. Officers in North Ayrshire continue to carry out targeted premises visits to ensure that all license conditions are being complied with. Such visits will also involve a range of partner agencies including, HMRC, DVSA, DVLA, Scottish Power, SEPA, North Ayrshire Council, SIA and others. Within North Ayrshire, such continued scrutiny of problematic premises has had positive results. Licensed premises throughout Ayrshire continue to positively engage with police by not only reporting incidents that occur within the licensed premise, but incidents that occur out with the premises, ensuring public safety. PROPOSED ACTIVITY FOR THE YEAR AHEAD North Ayrshire Sub-Division will continue to focus on “Keeping People Safe” and will work collaboratively with the licensed trade, partners and local communities to improve standards and compliance across the licensed trade, actively targeting: • excess alcohol consumption • vulnerability due to excess alcohol consumption • sale and supply of alcohol to children and young people • incidents of crime and offending connected to sale of alcohol AGENDA ITEM 3
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NOT PROTECTIVELY MARKED Page | 8 To conclude we would like to thank you for your continued support during what has been another challenging year for all and continue to adapt to new ways of working in relation to ever-changing circumstances as we moved forward throughout the year, looking forward to a safe and healthy 2026/2027. AGENDA ITEM 3
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Agenda Item 4 7 September 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 whether or not to grant the Applications listed. 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 whether or not to grant the Application or take appropriate action.
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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. 0224 J D Wetherspoon (Scot) Limited The Paddle Steamer 1 The Promenade Largs KA30 8BG Application for Variation of Premises Licence – Section 29 Continued from 8/6/2026 2. 0429 Muhammad Anees News Stand 29-31 Dockhead Street Saltcoats KA21 5ED Application for Variation of Premises Licence – Section 29 3. 0151 Baljinder Kaur Attwal Attwal Stores 74/78 Mossend Avenue Kilbirnie KA25 6DN Application for Variation of Premises Licence – Section 29 4. NA/3141 Davinder Summel Personal Licence Review Hearing – Section 84
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CASE 1 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: 0224 Name and Address of Premises: The Paddle Steamer 1 The Promenade Largs KA30 8BG Applicant: J D Wetherspoon (Scot) Limited Type of Premises: Public house type premises with a substantial food offer, located on the seafront at Largs. The surrounding area is primarily commercial in nature. Proposed Application: Off sales to be permitted from 11am–10pm, seven days. Children and young persons to be permitted until 11pm. Increase occupant capacity from 225 to 390. Police Authority Comments: Representation Licensing Standards Comments: See attached report Fire Authority Comments: No objection Protective Services Comments: Building Standards advises a maximum occupant capacity of 375, including table occupancy; officer attending. Community Council Comments: Objection Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: Continued from 8 June 2026. Two objections received (Largs Community Council and Councillor Ian Murdoch). The Board should consider its Policy on Overprovision. Standard Conditions: If the off-sales variation is granted, Standard Condition Part B (off sales) should be added.
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CASE 1 LSO BOARD REPORT Page 1 of 3 Date of Most Recent Licensing Inspection: LSO Comments This case has been continued from the June Board Meeting. The Board continued consideration to allow the premises manager and local area manager to attend and the licence holder to provide fuller information on the capacity request. The Board had two objections before it and accepted a late representation from Police Scotland. Building Standards advised that the maximum occupancy, including table occupancy, was 375; the application continues to seek 390.As per my previous report, I undertook an official inspection at this premises on the 21st May 2026. Since this inspection, I have conducted a follow up visit and have continued to drop by the premises to monitor capacity. On my most recent visit on 19th August 2026, I also spoke with a supervisor where I also discussed if there had been any recent capacity challenges or staff concerns over workload at peak trading times. On discussion, I was told that there were no such concerns. There were no other concerns that I identified on these visits. For ease of reading for Members, I have continued to include the main points of my last report which starts with comments relating to my official inspection in May 2026. Reference was also made to a follow up visit which was scheduled for 10th June. I can confirm that I met with the Premises Manager and was satisfied that all matters were resolved from my original inspection. Documents were available for inspection during this visit. My comments stand from my June report, and I would refer Members to my closing comments of that particular report. Applicant/Licence Holder J D Wetherspoon (Scot) Ltd Premises The Paddle Steamer, 1 The Promenade, Largs Premises Licence Ref 0224 Date of Assessment Monday 24th August 2026 Summary of Application Section 29 – Application to vary premises licence Off sales to be permitted from 11am-10pm, 7 days. Children and Young Persons to be permitted until 11pm. Increase capacity from 225 to 390. Building Standards advised the Board in June that the maximum occupancy, including table occupancy, was 375. 21/05/2026
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CASE 1 LSO BOARD REPORT Page 2 of 3 June Board Report Notes Signage was of a good standard. However, I was unable to access required documents during the inspection. I have reminded the premises that licence paperwork must always be available to inspect when requested by the LSO and Police Scotland. I have communicated this with the premises and scheduled a follow up visit for Wednesday 10th June. The Board may wish to be updated on the outcome of that follow up visit before determining the application. The premises is looking to vary a number of items, as listed above. The main features of the application are discussed below. A capacity increase has been requested. The current capacity for the premises is 225 and the new requested capacity is 390. At the time of the inspection, there were a considerable number of patrons in. Given the scale of the proposed increase, the Board may wish to hear further from the applicant on how the increased capacity would be monitored and managed in practice. Looking at the Standard Conditions, specifically Standard Condition C.8.1, it reads, “The Licensee shall have monitoring arrangements in place to verify the number of persons present to ensure that the occupancy capacity set by the Board is not exceeded” Further Standard Condition C.8.2 reads, “Monitoring shall take place at regular intervals and shall particularly focus on peak trading times.” On visits, I do encourage premises to keep records of capacity at peak times. In this case, given the proposed increase to 390, the Board may wish to ask the applicant to explain its capacity counting arrangements, peak-time monitoring, staff/door arrangements and how the premises will ensure that the occupancy capacity set by the Board is not exceeded. There is also a request for Children and Young Persons to be permitted until 23.00. Current access allows until 22.00. The Board may wish to confirm the proposed terms of access, including ages, accompaniment, parts of the premises and whether access is linked to meals or other activities. Off sales have also been requested where this is not currently available. Those requested hours are 11.00 to 22.00 and within policy hours. Although there is no evidence to suggest that the proposed variation would be inconsistent with the promotion of the licensing objectives, I would encourage further discussion with regards to the substantial increase in capacity and the need to satisfy the licensing objective of Securing Public Safety. The Board should consider the two objections and the Police Scotland representation alongside the applicant's further evidence. I can also confirm that the site notice was displayed at the premises during the recent visit. Overprovision is a separate statutory issue. Largs lies in the North Coast locality, where the policy presumption is less strong than in some other localities, but the premises is a public house rather than a hotel or restaurant. The proposed capacity increase and new off-sales facility therefore
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CASE 1 LSO BOARD REPORT Page 3 of 3 require the applicant to address and rebut the current policy presumption; an absence of recorded compliance problems does not answer that question. From an LSO compliance perspective, the recent inspection history does not disclose a separate basis for objection. That conclusion is limited: the applicant must still satisfy the Board on public safety, the Building Standards ceiling, capacity management, children and young persons, off-sales, the representations and overprovision. I offer no objection from an LSO compliance perspective. I do not recommend granting a capacity of 390 on the present information because it exceeds the Building Standards figure of 375. Any grant should be limited to a capacity supported by Building Standards and should follow the Board's satisfaction, on evidence, as to capacity controls, public safety, children and young persons, off-sales, the representations and overprovision. Isaac Kerr Licensing Standards Officer, North Ayrshire Council
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VT2 1 NORTH AYRSHIRE LICENSING BOARD APPLICATION FOR VARIATION and/or TRANSFER 0F PREMISES LICENCE/PROVISIONAL PREMISES LICENCE * LICENSING (SCOTLAND) ACT 2005, Sections 29 - 35 If the boxes are not big enough for your reply, please add a separate note at the end of the form, detailing which question your reply relates to. You should start each extra page with the address of the Premises, the Board Reference Number, and the type of Application applied for, and you should sign each extra page. Your Application must be accompanied by the original Premises Licence (not the Summary), or if that is not practicable, a statement of the reasons for failure to produce the Licence. Explanatory notes are included but these are for guidance only and are no substitute for independent legal advice. They reflect the Board’s understanding of the legislation. *Delete as appropriate PART A - GENERAL What type of Application is this? (tick one box, and complete the rest of the form as appropriate) Variation (Complete Parts A, B, and E) ✓ Transfer (Complete Parts A, C and E) Variation and Transfer (Complete all parts) Note: If the Licence is being transferred to a new Licence Holder, which is not an individual person (for example, if the new Licence Holder is a Company or Partnership) then as well as applying for Transfer of the Licence you may need to Vary to include a new Premises Manager. Board Reference number: 0224 Date of Board decision to grant the Premises Licence: 5 September 2016 Name, address and postcode of Licensed Premises: The Paddle Steamer 1 The Promenade Largs KA30 8BG Name of Licence Holder JD Wetherspoon (Scot) Limited Name of Premises Manager Ryan Gallacher CASE 1 1
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VT2 2 PART B - VARIATION B.1. Type of Variation proposed What Variation is proposed? (consider the statutory definition of 'Minor Variation' - see Note) Tick one box: One or more 'Minor Variations' One or more other Variations (including where some are ‘Minor Variations’ but one is not) ✓ Note: 'Minor Variation' is defined by Section 29(6) of the 2005 Act and means - a. any Variation of the Layout Plan, if the Variation does not result in any inconsistency with the Operating Plan, b. where, under the Operating Plan contained in the Licence, Children or Young Persons are allowed entry to the Premises, any Variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the Premises, c. any Variation of the information contained in the licence relating to the Premises Manager (including a Variation so as to substitute a new Premises Manager), and d. where the name of the premises is disclosed in the premises licence, any change in that name e. a temporary or permanent reduction in the licensed hours which does not result in the premises opening any earlier or closing any later than stated in the premises licence and operating plan f. an increase in the minimum age at which children or young persons may be allowed onto the premises g. a reduction in the times at which children or young persons may be allowed onto the premises h. a restriction to the access of children or young persons to certain parts of the premises i. any reduction in the capacity of the premises whether resulting from a variation to the layout plan or otherwise j. any variation resulting in the cessation of the provision of live or recorded music at a decibel level exceeding 85 decibels k. any variation to provide that, when the premises are fully occupied, more customers are likely to be seated than standing Any Variation outside (a) – (k) is not a 'Minor Variation'. The difference is: a. any Application for a Variation which is not a ‘Minor Variation’ must be processed in a similar way to an Application for a Premises Licence. This means that your Application will be publicised on the Board's website (or in a newspaper), will be intimated to CASE 1 2
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VT2 3 (i) all occupiers of land within 4 metres of the Premises; (ii) the Community Council; (iii) North Ayrshire Council; (iv) the Police; and (v) the Fire Authority. You will also have to display a Site Notice for 21 days. The Application will then call at a meeting of the Licensing Board; The Fee is based on the Licensing Category of the Premises (see Table of Fees at the end of this form). b. a ‘Minor Variation’ is not processed like this. Instead, the Application is usually granted automatically by the Clerk to the Board, without a Hearing in front of the Board (depending on the actual Variation requested, the Clerk might refer the case to the Board, but this does not happen often). The Fee is fixed and is not based on the Licensing Category of the Premises (see Table of Fees at the end of this form). Examples of Minor Variations: 1. Changes to the Layout Plan due to rearrangement of shelves and serving areas, without: a. changing the nature of the Premises or b. increasing the capacity of the Premises. 2. Changes to the Operating Plan to alter the details of the Premises Manager, or to add a new Premises Manager. Examples of Variations which are not Minor Variations: 1. any change to the Operating Plan (except those referred to as Minor Variations); 2. any change to the Conditions affecting the Licence. Previous Application for Variation Note: this information is needed because the 2005 Act requires the Board to refuse a Variation Application if it has refused a previous Variation Application for the same Premises and for the same Variation (Section 30(5)(a) & 32). This bars a new Variation Application made before the expiry of the period of one year beginning with the date of the earlier refusal. The bar does not apply if either or both of these situations apply: a. at the time of the earlier refusal, the Board directed that the bar would not apply to any subsequent Application, or b. the Board is satisfied that there has been a material change of circumstances since the earlier refusal. B.2. Has there been a previous Application for Variation for these Premises in the past year (including any time before the current Licence Holder or proposed Transferee acquired them)? Yes No If 'No', go to Question B.6. CASE 1 3
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VT2 4 B.3. If 'Yes', was that previous Application refused? Yes No B.4. If it was refused, give details of that previous Application: Name of the Applicant Date of the Board decision Summarise the Variation which was then requested. B.5. If there has been a Board decision to refuse in the one year before the date of lodging this Application, state which of (a) or (b) above you think applies, and if (b) applies state what you think the material change of circumstances has been: B.6. Does the proposed Variation affect the Premises Manager? Yes No If 'No', go to Question B.9. Variation to add new Premises Manager details B.7. Supply details of the proposed Premises Manager and produce the Personal Licence (except where the Premises Licence is a "Provisional Premises Licence" which has not yet been Confirmed). Name Date of birth Contact address Email address Personal licence Date of issue Name of Licensing Board issuing CASE 1 4
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VT2 5 Reference no. of personal licence B.8. Do you want the proposed Variation to add new Premises Manager details to have immediate effect? Yes No Note: The Variation can have effect immediately from the time the Application is received by the Licensing Board until the time that the Application is either granted or withdrawn. The fee for an 'immediate effect' Variation is higher than for the ordinary Minor Variation. This 'immediate effect' procedure only applies to Premises Manager information. Any other sort of Variation only takes effect if and when the Board grants the Application. B.9. Variation Is any other Variation requested, apart from one affecting the Premises Manager? Yes No If 'Yes', describe the Variation requested. If necessary, lodge a new Operating Plan and/or Layout Plan or a covering letter setting out the proposed Variation, as appropriate. The application seeks to amend the Premises Licence and Operating Plan as follows: • In Question 3 (Off Sales) the current information will be deleted and replaced with the core times of 11.00 a.m. to 10.00 p.m. each day of the week for the sale of alcohol for consumption Off the premises. • In Question 6(d) the current time of 10pm will be deleted and replaced with “11.00pm” • In Question 7 the current information will be deleted and replaced with “On Sales – 390”. There are no other changes to the premises licence or Operating Plan. Note: 1. Where a proposed (non Minor) Variation affects the current Layout Plan, please submit seven sets of plans showing the proposed new layout of the Premises. Where the application is for a proposed Minor Variation (only) affecting the current Layout Plan, four sets of plans showing the proposed new layout of the Premises are required. CASE 1 5
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VT2 6 2. If the proposed Variation involves structural alterations, you should submit the relevant Section 50 certificates (Planning; Building Control; and, if relevant, Food Hygiene). PART C - TRANSFER C.1. Applicant Are you the current Licence Holder? Yes No If 'Yes', go to C.4. Note: 1. In addition to requesting a Transfer, you may also require Variation to a new Premises Manager. 2. There are two separate procedures for transfer of a Premises Licence, Section 33 and Section 34. Section 33 covers Application for Transfer by the Licence Holder. Section 34 covers Application for Transfer by others, for example, by the Executor after the death of the Licence Holder. The procedures are similar but a Section 34 Application must be lodged within 28 days of the death or other event. C.2. Applicant not current Licence Holder Please tick which (a) to (f) applies to you: a The Licence Holder is deceased, and I am his Personal Representative. b The Licence Holder is incapable, and I am authorised by his Power of Attorney. c The Licence Holder is Incapable, and I am authorised to act on his behalf by virtue of the Adults with Incapacity (Scotland) Act 2000. d The Licence Holder is insolvent, and I am the Insolvency Practitioner. e The Licence Holder, being a person other than an individual, a partnership or a company, has been dissolved, and I am the person administering the dissolution. f I am the Transferee of the Business. Please supply the information and documentation described in (a) to (f) below: a 1 2 3 Specify the date of death. Produce the Death Certificate. Produce the Will nominating you Executor, or (if there is no Will) specify your entitlement to act as Executor and produce supporting documentation, such as a Marriage Certificate. b 1 2 State date of Incapacity. Produce the Power of Attorney. c 1 2 State date of Incapacity. Produce evidence of your authority, e.g. a certified copy of the Court Interlocutor CASE 1 6
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VT2 7 appointing you and giving you authority to make an Application under Section 34 of the 2005 Act. d 1 2 State date of insolvency. Produce evidence of your authority, eg a certified copy of the Court Interlocutor appointing you. e 1 2 State date of dissolution. Produce evidence of your authority, e.g. a certified copy of the Court Interlocutor appointing you. f 1 2 Produce a letter from the Licence Holder or his Solicitor confirming: The transfer of the Business (not solely the Premises) and The date of transfer C.3. Late Transfer Are you lodging this Application for Transfer within 28 days of the death or other event ((a) to (f))? Yes No If 'No', please attach a letter explaining why this Application was not made within 28 days. Note: 1. Where the events (a) - (e) (not (f)) happen, the Premises Licence itself ceases to have effect unless, within 28 days of the occurrence of the event, an application for the Transfer of the licence is made under Section 34; 2. The 28 day limit on Application applies to all of (a) to (f), so the time limit applies to business Transferees too. C.4. Details of Transferee Complete one of (a) to (e): a) Where Transferee is an individual, provide full name, date and place of birth, and home address including postcode. Full Name Date of birth Place of Birth Home address including postcode Telephone Number Note: a Transfer cannot be made to a Transferee who is an individual under the age of 18. CASE 1 7
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VT2 8 b) Where Transferee is a partnership, please provide full name, and postal address of partnership. Full name of partnership Postal Address of partnership c) Where Transferee is a company, please provide name, registered office and company registration number. Company name Registered office Company registration number Telephone number d) Where Transferee is a club or other body, please provide full name, and postal address of club or other body. Full name of club or other body Postal address of club or other body Telephone number e) Where Transferee is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of Connected Persons. Full name Postal Address Date of Birth Place of Birth Telephone Number CASE 1 8
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VT2 9 Full name Postal Address Date of Birth Place of Birth Telephone Number Full name. Postal Address Date of Birth Place of Birth Telephone Number Note: The term ‘Connected Person’ is defined by Section 147(3) of the Licensing (Scotland) Act 2005, and means: (a) for a Partnership, a Partner; (b) for a company, a Director, or a person who has control of the Company; (c) for a Club, an office-bearer of the Club; and (d) for any other organisation, any person concerned in its management or control. Previous Licences and Applications C.5. Has the Transferee or any other Connected Person ever held a licence under the Licensing (Scotland) Acts 1976 or 2005 for Premises anywhere in Scotland? Yes No CASE 1 9
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VT2 10 If 'Yes', please provide below full details of the other Licence(s), including the name and address of the Premises concerned, the name of the Licence Holder, the type of Licence concerned, the date when the Licence was granted or last renewed, and Licence reference number (if known); if the Premises were not in North Ayrshire, give the name of the Licensing Board. C.6. Has the Transferee or any other Connected Person ever been refused a licence under the Licensing (Scotland) Acts 1976 or 2005 for Premises anywhere in Scotland? Yes No If 'Yes', please provide below full details of the other Licence(s) applied for, including the name and address of the Premises concerned, the name of the Applicant, the type of Licence concerned and Licence reference number (if known), the date of the Board decision and the reason for refusal; if the Premises were not in North Ayrshire, give the name of the Licensing Board. CASE 1 10
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VT2 11 C.7. Previous convictions Has the Transferee or any Connected Person ever been convicted of a ‘Relevant Offence’ or ‘Foreign Offence’? (see Notes) For each Transferee or Connected Person, answer the question: Name Yes No If the answer is 'Yes' for any person, then on a separate piece of paper provide details: Name of person convicted, (if applicable) his position e.g. 'Director', and for each conviction: the date of conviction or sentence, the Court, the Offence, and the Penalty. Notes: 1. The terms ‘Relevant Offence’ and Foreign Offence’ are defined by section 129, and the Relevant Offences are listed in the Licensing (Relevant Offences) (Scotland) Regulations 2007 No. 513. The list includes Assault, Theft, Breach of the Peace, and many offences under the Road Traffic Act and other statutes. Convictions outside Scotland for offences which are similar to ‘Relevant Offences’ are ‘Foreign Offences’. This means that convictions in the rest of the United Kingdom might be required. If you are in doubt as to whether or not a conviction should be included, do so. The Application will be copied to the Police and checked against their records. 2. Under the heading ‘Offence’, if the conviction is under a statutory provision, add an explanation of the offence; for example, ‘Road Traffic Act 1988, Section 178 (taking motor vehicle without authority)’. C.8. Club If the Transferee is a Members Club, complete the following question. You should send a copy of the Constitution and Rules with your Application. Do the club’s constitution and rules conform to the requirements of regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007? Yes No Note: If the Transferor Club conforms but the Transferee Club does not (or vice versa) then the Board may require to review the Conditions applying to the licence. In particular, if the Transferee Club does not conform, by Law it may require a Premises Manager. CASE 1 11
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VT2 12 PART D - VARIATION AND TRANSFER TOGETHER D.1. Does the Transfer Application depend on the grant of the Variation? Yes No Note: If 'Yes' the Licensing Board must determine the Variation Application before determining the Transfer Application, and if 'No', the Board must determine the Transfer Application before determining the Variation Application. In either case, if the Board refuses the first Application then the second Application automatically falls. PART E - DECLARATION BY APPLICANT OR AGENT If signing on behalf of the Applicant please state in what capacity. The contents of this Application are true to the best of my knowledge and belief. Signature JD Wetherspoon (Scot) Limited * (see note below) Date 31.03.2026 Capacity APPLICANT * Data Protection Act 1998 - the information on this form may be held on a public register, which may be available to members of the public. Signatory Type or use BLOCK CAPITALS: Please give full name, address, post code, telephone number and email address: Full name. Postal Address (including postcode) Telephone number Email address CASE 1 12
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry Subject to the foregoing condition there will be no restriction of the ages of Children or Young Persons to be allowed access to the premises. 6(d) Provide statement regarding the TIMES during which children or young persons will be allowed entry. If different times are intended for ‘children’ and for ‘young people’, state this. Children and Young Persons will require to have vacated the premises by 11.00 p.m. 6(e) Provide statement regarding the PARTS of the premises to which children or young persons will be allowed entry. If different times are intended for ‘children’ and for ‘young people’, state this. Children and Young Persons will be allowed access to all public parts of the premises but will not be allowed within 1m of the bar. Question 7 CAPACITY OF PREMISES 7(a) What is the total capacity of the Premises? On Sales – 390 CASE 1 20
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DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature JD Wetherspoon (Scot) Limited * (see note below) Date 31.03.2026 Capacity …………………………. APPLICANT / AGENT (delete as appropriate) Telephone number and email address of signatory: * Data Protection Act 1998 The information on this form may be held on a public register which may be available to members of the public. CASE 1 22
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From: To: Subject: Paddle Steamer Wetherspoon Application Date: 25 May 2026 08:18:04 Hi All, I do not support the application highlighted below. Applicant: J D Wetherspoon (Scot) Ltd Premises: The Paddle Steamer, 1 The Promenade, Largs Summary of Application: Off sales to be permitted from 11am-10pm, 7 days. Children and Young Persons to be permitted until 11pm. Increase capacity from 225 to 390. I would like to object to this application. Off Sales to be permitted from 11am – 10pm, 7 days. I object, on Over-provision of Off Sales. There is existing, adequate provision of Off Sales in Largs. Children and Young Persons to be permitted until 11pm. I object, as I certainly don’t think it is a suitable premises for children to attend up to 11pm. The introduction of children into what has historically operated as an adult -orientated licensed premises, gives rise to additional safeguarding concerns. The environment, operating hours, alcohol -focused nature of the venue and increased customer numbers may not be conducive to the protection of children and young persons from harm as required under the 2005 Act. Increase capacity from 225 to 390. I object, the premises already has a huge capacity that is difficult to manage at times. The proposed increase of approximately 73% in occupancy within the same physical premises raises significant concerns regarding overcrowding, safe ingress and egress, emergency evacuation procedures, and the general ability of staff and emergency services to safely manage the venue. Given the existing layout and operational nature of the premises, it is difficult to see how such a substantial increase can be accommodated without adversely affecting public safety. There are also concerns that a near doubling of capacity could result in increased noise levels and anti-social behaviour and disturbance to nearby residents and local businesses, particularly during evening hours and peak seasonal periods. Some of my constituents have braised concerns around understaffing problems and have stated that an increase in capacity would compound the current situation. There are claims of tables not cleared, queues at the bar and only one or two bar staff serving. There are many claims/reports of understaffing and lack of adequate management. CASE 1 1
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It is respectfully requested that the Licensing Board carefully consider whether the applicant has sufficiently demonstrated that the premises can safely and responsibly operate at the proposed increased capacity while fully promoting all licensing objectives. I am very familiar with the premises and I have concerns about its ability to operate safely at its current capacity. Kind Regards Councillor Ian Murdoch Ward 1 North Coast Member Services, Cunninghame House 01294 324172 www.north-ayrshire.gov.uk I discharge the duties and functions of an elected representative on North Ayrshire Council. As part of this work, it may be necessary to process personal data of constituents. I will ensure that information collected is used appropriately and held securely. For further information about how your information will be handled please view the Elected Members Privacy Notice. https://north-ayrshire.cmis.uk.com/north-ayrshire/Councillors/ElectedMembersPrivacyNotice.aspx ' I discharge the duties and functions of an elected representative on North Ayrshire Council.I will ensure that information collected is used appropriately and held securely For further information about how your information will be handled please view theElected Members Privacy Notice. https://north-ayrshire.cmis.uk.com/north-ayrshire/Councillors/ElectedMembersPrivacyNotice.aspx CASE 1 2
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CASE1 From: To: Subject: Date: The Promenade, Largs 21 May 2026 21:50:20 Caution: Thi, 1, an external email and could be maliciou, Do not click on link, or open attachment, tmle"' you recogtu,e the ,ender and know the content i, ,afe. Michelle, Many thanks for the oppo1tunity to respond to this application with the views of Largs Community Council (LCC). LCC discussed this application at our routine meeting this evening and decided that we do not supp01t the proposal to operate as an off-licence. There is ah-eady ample provision for this service within the immediate vicinity, operating during the same hours. In sho1t, we are not convinced that Largs requires any additional off-licence premises. Happy to expand at the meeting if helpful. A question please - is there a separate consultation to follow about the same premises increasing its capacity? Ive read about this application in the local press and note it is not referenced in the application you have shared with us. Many thanks 1
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From: To: Cc: Subject: Re: Licensing (Scotland) Act 2005: Application for Variations of Premises Licence - The Paddle Steamer, 1 The Promenade, Largs Date: 25 May 2026 10:13:55 Attachments: image001.png Michelle, Thanks you, and yes please. I feel that the Wetherspoons pub has taken enough customers from the rest of Largs' pubs already, and dont want to further contribute to that problem. Many thanks On Mon, 25 May 2026, 10:08 Michelle Champion ( Administration Officer (Licensing) / Legal Services ),wrote: Good morning I confirm receipt of your objection on behalf of the Largs Community Council. A copy of your Objection will be supplied to the Applicant and the Licensing Board will have regard to this at the Licensing Board Meeting on 8 June 2026, when this Application will be considered. You will also be invited to attend. A redacted copy of the Objection will also be contained within the Licensing Board Agenda once this is prepared. Before you go to the meeting you should look at the page on our website called "Are you going to a Licensing meeting?" This has a lot of information, including a list of "Excluded Matters" – things that the Licensing Board should not be told about as it will not take them into account when making a decision. In relation to the increase in capacity, this was contained within the Variation Application Form & the Operating Plan at Q7: ‘In Question 7 the current information will be deleted and replaced with “On Sales – 390”. Do you wish to add this to your objection? Kind regards Michelle Champion Administration Officer (Licensing) CASE 1 2
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CASE 2 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: 0429 Name and Address of Premises: News Stand 29–31 Dockhead Street Saltcoats KA21 5ED Applicant: Muhammad Anees Type of Premises: Convenience store/newsagent with off-sales. Proposed Application: Increase the alcohol display area from 8.8m² to 13.56m² (approximately 54.1%) and replace the layout plan. Police Authority Comments: No objection Licensing Standards Comments: See attached report Fire Authority Comments: No comments Protective Services Comments: No objection (Building Standards) Community Council Comments: N/A – no active Community Council Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: The Board should consider its Policy on Overprovision. The premises are in the Three Towns locality, where the current policy presumption for off-sales is especially strong. Similar applications were refused on 10 December 2018, 23 August 2021 and 2 December 2024. Standard Conditions: No change required.
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CASE 2 LSO BOARD REPORT Page 1 of 2 Date of Most Recent Licensing Inspection: LSO Comments I first visited the premises on 5th November 2025. This was for an inspection following concerns from Police Scotland that alcohol had been displayed outwith the agreed area. On my visit, the issue seemed to have been resolved as a result of Police Scotland’s visit. During the inspection I carried out, a few documents and signage required updating. As a result, I issued a follow up notification and returned to the premises on 10th November. Issues identified in the first visit had been resolved and all paperwork and signage were up to date. I also visited on 19 February and carried out a pre-Board visit on 19 August 2026. No compliance issue was identified on either visit. At the August visit, the area shown in the photographs as the proposed additional alcohol display was being used for soft drinks rather than alcohol. The proposed alcohol display capacity increases from 8.8m² to 13.56m², an increase of approximately 54.1%. Given the scale of the increase, the Board may wish to hear why the additional area is required, which products would be displayed, whether the proposal is a reconfiguration or is expected to increase alcohol availability or sales, and how the authorised boundary will be kept clear in practice. The recent compliance history does not disclose evidence that the proposed layout change would, of itself, be inconsistent with the licensing objectives. The earlier Police Scotland concern is relevant history but had been remedied by the time of the LSO visit. This assessment is limited to the LSO compliance position and does not determine overprovision. I can also confirm that the site notice was displayed at the premises during the recent visit. The Board must determine overprovision separately. News Stand is an off-sales premises in the Three Towns locality. Under the current policy, the locality and the off-sales function together produce an especially strong presumption against increased capacity. The applicant must address and rebut that presumption; an absence of recent compliance problems is not, by itself, sufficient. I offer no objection from an LSO compliance perspective, subject to the Board confirming that the plan and capacity calculation accurately reflect the proposal. The Board must nevertheless reach its own decision on the licensing objectives and whether the applicant has rebutted the especially strong overprovision presumption. Applicant/Licence Holder Muhammad Anees Premises News Stand, 29-31 Dockhead Street, Saltcoats, KA21 5ED Premises Licence Ref 0429 Date of Assessment Monday 24th August 2026 Summary of Application Section 29 – Application to vary premises licence Amendment to the alcohol display area, increasing capacity from 8.8m² to 13.56m² (approximately 54.1%). See photographs. 19/08/2026
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CASE 2 LSO BOARD REPORT Page 2 of 2 Isaac Kerr Licensing Standards Officer, North Ayrshire Council Image 1: Additional area being requested. Image 2: Alternative angle.
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8.8. Do you want the proposed Variation to add new Premises Manager details to have immediate effect? I Yes I No Note: The Variation can have effect immediately from the time the Application is received by the Licensing Board until the time that the Application is either granted or withdrawn. The fee for an 'immediate effect' Variation is higher than for the ordinary Minor Variation. This 'immediate effect' procedure only applies to Premises Manager information. Any other sort of Variation only takes effect if and when the Board grants the Application. 8.9. Variation Is any other Variation requested, apart from one affecting the Premises Manager? I Yes I If 'Yes', describe the Variation requested. If necessary, lodge a new Operating Plan and/or Layout Plan or a covering letter setting out the proposed Variation, as appropriate. An increase in the alcohol display area from 8.8m2 to 13.56m2 (54.09% increase). Please find annexed plans showing the current and proposed layouts. Note: 1. Where a proposed (non Minor) Variation affects the current Layout Plan, please submit seven sets of plans showing the proposed new layout of the Premises. Where the application is for a proposed Minor Variation (only) affecting the current Layout Plan, four sets of plans showing the proposed new layout of the Premises are required. VT2 5 CASE 2
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10 July 2026 £220 bacs 99999D214025 MC 24 July 2026 14 August 2026 X X CASE 2 7 September 2026
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CASE 3 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: 0151 Name and Address of Premises: Attwal Stores 74/78 Mossend Avenue Kilbirnie KA25 6DN Applicant: Baljinder Kaur Type of Premises: Convenience store with off-sales. Proposed Application: Increase the alcohol display area from 23.994m² to 26.394m² (approximately 10.0%) by adding two shelving bays for red wine beside the refrigerated room and two wooden plinths for multipacks. Police Authority Comments: No objection Licensing Standards Comments: See attached report Fire Authority Comments: No comments Protective Services Comments: No objection (Building Standards) Community Council Comments: N/A – no active Community Council Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: The Board should consider its Policy on Overprovision. The premises are in the Garnock Valley locality, where the current policy presumption for off-sales is especially strong. Standard Conditions: No change required.
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CASE 3 LSO BOARD REPORT Page 1 of 3 Date of Most Recent Licensing Inspection: LSO Comments I first visited the premises on 4th December 2025. This related to an enquiry from the premises regarding works that were being carried out at the time and potential use of a temporary area. The licence holder had attempted to move alcohol to the adjacent premises they own whilst work was being carried out in the current premises. However, this was not permitted, and I attributed this to a misinterpretation from the licence holder at the time. I instructed the premises to cease trading from this area, and they complied immediately and apologised for any misunderstanding. Since then, I have also conducted two further visits to the premises. On 10th December 2025, I attended with Police Scotland on a routine visit with no issues identified. By way of background, the increase in capacity looks at how the ‘refitted’ shop might look to operate. Working on their current permitted capacity, which was used throughout the years and appears to be incompatible with how the shop intends to run. Photos have been included for Members to get an idea of how the shop is configured. When the shop was refitted, the department quickly identified that the layout would require a major variation given it would appear to be an increase in capacity. As a result of this, I made it clear to the premises that they could not have the area which had been identified for red wine and would require Board approval to be used. On 19th August 2026, I undertook an official inspection at this premises as a pre board visit. Applicant/Licence Holder Baljinder Kaur Premises Attwal Stores, 74/78 Mossend Avenue, Kilbirnie, KA25 6DN Premises Licence Ref 0151 Date of Assessment Monday 24th August 2026 Summary of Application Section 29 – Application to vary premises licence Amendment to alcohol display area, increasing capacity from 23.994m² to 26.394m² (approximately 10.0%).. The proposal comprises two shelving bays for red wine beside the refrigerated room and two wooden base plinths for stacked multipacks. No alcohol products will be placed or stored directly on the floor. 19/08/2026
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CASE 3 LSO BOARD REPORT Page 2 of 3 There were some matters which require a follow up, mainly focussed on a tidy up of the licensing folder and some training records. Required signs were displayed as should be with further discussion on one that was missing. A follow up has been scheduled for mid-September where I will return to the premises to ensure that documentation is in place. The proposed alcohol display capacity increases from 23.994m² to 26.394m², an increase of approximately 10.0%. The Board should confirm that the dimensions, locations and capacity calculations in the layout plan correspond with the two shelving bays and two plinths described in the application. There is no evidence to suggest that the proposed variation would be inconsistent with the promotion of the licensing objectives. I can also confirm that the site notice was displayed at the premises during the recent visit. The Board must determine overprovision separately. Attwal Stores is an off-sales premises in the Garnock Valley, where the current policy presumption is especially strong. The applicant must therefore address and rebut that presumption, including why the additional display is required and its likely effect on availability and sales; a satisfactory inspection history is not, by itself, sufficient. I offer no objection from an LSO compliance perspective, subject to the Board confirming that the plan and capacity calculation accurately reflect the proposal. The Board must nevertheless reach its own decision on the licensing objectives and whether the applicant has rebutted the especially strong overprovision presumption. Isaac Kerr Licensing Standards Officer, North Ayrshire Council Image 1: Main Premises to left. Shuttered Premises that was not permitted for use in December 2025.
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CASE 3 LSO BOARD REPORT Page 3 of 3 Image 2: Red Wine area not currently permitted. Beer cave to left. Image 3: Inaccesible area with Beer Cave to the right.
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VT2 1 NORTH AYRSHIRE LICENSING BOARD APPLICATION FOR VARIATION and/or TRANSFER 0F PREMISES LICENCE/PROVISIONAL PREMISES LICENCE * LICENSING (SCOTLAND) ACT 2005, Sections 29 - 35 If the boxes are not big enough for your reply, please add a separate note at the end of the form, detailing which question your reply relates to. You should start each extra page with the address of the Premises, the Board Reference Number, and the type of Application applied for, and you should sign each extra page. Your Application must be accompanied by the original Premises Licence (not the Summary), or if that is not practicable, a statement of the reasons for failure to produce the Licence. Explanatory notes are included but these are for guidance only and are no substitute for independent legal advice. They reflect the Board’s understanding of the legislation. *Delete as appropriate PART A - GENERAL What type of Application is this? (tick one box, and complete the rest of the form as appropriate) Variation (Complete Parts A, B, and E) ✓ Transfer (Complete Parts A, C and E) Variation and Transfer (Complete all parts) Note: If the Licence is being transferred to a new Licence Holder, which is not an individual person (for example, if the new Licence Holder is a Company or Partnership) then as well as applying for Transfer of the Licence you may need to Vary to include a new Premises Manager. Board Reference number: Date of Board decision to grant the Premises Licence: Name, address and postcode of Licensed Premises: Attwal Stores 74/78 mossend avenue Kilbirnie Ka256dn Name of Licence Holder Baljinder Kaur Name of Premises Manager Baljinder Kaur CASE 3
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VT2 2 PART B - VARIATION B.1. Type of Variation proposed What Variation is proposed? (consider the statutory definition of 'Minor Variation' - see Note) Tick one box: One or more 'Minor Variations' One or more other Variations (including where some are ‘Minor Variations’ but one is not) ✓ Note: 'Minor Variation' is defined by Section 29(6) of the 2005 Act and means - a. any Variation of the Layout Plan, if the Variation does not result in any inconsistency with the Operating Plan, b. where, under the Operating Plan contained in the Licence, Children or Young Persons are allowed entry to the Premises, any Variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the Premises, c. any Variation of the information contained in the licence relating to the Premises Manager (including a Variation so as to substitute a new Premises Manager), and d. where the name of the premises is disclosed in the premises licence, any change in that name e. a temporary or permanent reduction in the licensed hours which does not result in the premises opening any earlier or closing any later than stated in the premises licence and operating plan f. an increase in the minimum age at which children or young persons may be allowed onto the premises g. a reduction in the times at which children or young persons may be allowed onto the premises h. a restriction to the access of children or young persons to certain parts of the premises i. any reduction in the capacity of the premises whether resulting from a variation to the layout plan or otherwise j. any variation resulting in the cessation of the provision of live or recorded music at a decibel level exceeding 85 decibels k. any variation to provide that, when the premises are fully occupied, more customers are likely to be seated than standing Any Variation outside (a) – (k) is not a 'Minor Variation'. The difference is: a. any Application for a Variation which is not a ‘Minor Variation’ must be processed in a similar way to an Application for a Premises Licence. This means that your Application will be publicised on the Board's website (or in a newspaper), will be intimated to CASE 3
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VT2 3 (i) all occupiers of land within 4 metres of the Premises; (ii) the Community Council; (iii) North Ayrshire Council; (iv) the Police; and (v) the Fire Authority. You will also have to display a Site Notice for 21 days. The Application will then call at a meeting of the Licensing Board; The Fee is based on the Licensing Category of the Premises (see Table of Fees at the end of this form). b. a ‘Minor Variation’ is not processed like this. Instead, the Application is usually granted automatically by the Clerk to the Board, without a Hearing in front of the Board (depending on the actual Variation requested, the Clerk might refer the case to the Board, but this does not happen often). The Fee is fixed and is not based on the Licensing Category of the Premises (see Table of Fees at the end of this form). Examples of Minor Variations: 1. Changes to the Layout Plan due to rearrangement of shelves and serving areas, without: a. changing the nature of the Premises or b. increasing the capacity of the Premises. 2. Changes to the Operating Plan to alter the details of the Premises Manager, or to add a new Premises Manager. Examples of Variations which are not Minor Variations: 1. any change to the Operating Plan (except those referred to as Minor Variations); 2. any change to the Conditions affecting the Licence. Previous Application for Variation Note: this information is needed because the 2005 Act requires the Board to refuse a Variation Application if it has refused a previous Variation Application for the same Premises and for the same Variation (Section 30(5)(a) & 32). This bars a new Variation Application made before the expiry of the period of one year beginning with the date of the earlier refusal. The bar does not apply if either or both of these situations apply: a. at the time of the earlier refusal, the Board directed that the bar would not apply to any subsequent Application, or b. the Board is satisfied that there has been a material change of circumstances since the earlier refusal. B.2. Has there been a previous Application for Variation for these Premises in the past year (including any time before the current Licence Holder or proposed Transferee acquired them)? No If 'No', go to Question B.6. CASE 3
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VT2 4 B.3. If 'Yes', was that previous Application refused? Yes No B.4. If it was refused, give details of that previous Application: Name of the Applicant Date of the Board decision Summarise the Variation which was then requested. B.5. If there has been a Board decision to refuse in the one year before the date of lodging this Application, state which of (a) or (b) above you think applies, and if (b) applies state what you think the material change of circumstances has been: B.6. Does the proposed Variation affect the Premises Manager? No If 'No', go to Question B.9. Variation to add new Premises Manager details B.7. Supply details of the proposed Premises Manager and produce the Personal Licence (except where the Premises Licence is a "Provisional Premises Licence" which has not yet been Confirmed). Name Date of birth Contact address Email address Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence CASE 3
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VT2 5 B.8. Do you want the proposed Variation to add new Premises Manager details to have immediate effect? Yes No Note: The Variation can have effect immediately from the time the Application is received by the Licensing Board until the time that the Application is either granted or withdrawn. The fee for an 'immediate effect' Variation is higher than for the ordinary Minor Variation. This 'immediate effect' procedure only applies to Premises Manager information. Any other sort of Variation only takes effect if and when the Board grants the Application. B.9. Variation Is any other Variation requested, apart from one affecting the Premises Manager? Yes If 'Yes', describe the Variation requested. If necessary, lodge a new Operating Plan and/or Layout Plan or a covering letter setting out the proposed Variation, as appropriate. We wish to confirm our proposed arrangements for the variation of the display of alcohol within the premises. We intend to display red wine on two bay shelving units positioned directly beside the refrigerated room where most of our alcohol is. These shelving bays will be used specifically for the orderly presentation and display of red wine products which have to be displayed at room temperature as per traditionally. In addition, we propose to install two wooden base Plinths (whilst removing two full bays of shelving) for the purpose of neatly stacking and displaying multipacks of alcohol. These base plinths will ensure that all alcohol products are stored and displayed appropriately, securely, and in an organised manner. For the avoidance of doubt, no alcohol products will be placed or stored directly on the floor. All packs of alcohol will be positioned on the proposed base Plinths, keeping the products raised from floor level. These proposed arrangements are intended to provide a tidy, safe, and clearly defined alcohol display area within the premises. Increase alcohol display capacity from 23.994m2 to 26.394m2. (from proposed Layout Plan MC) CASE 3
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VT2 6 Note: 1. Where a proposed (non Minor) Variation affects the current Layout Plan, please submit seven sets of plans showing the proposed new layout of the Premises. Where the application is for a proposed Minor Variation (only) affecting the current Layout Plan, four sets of plans showing the proposed new layout of the Premises are required. 2. If the proposed Variation involves structural alterations, you should submit the relevant Section 50 certificates (Planning; Building Control; and, if relevant, Food Hygiene). PART C - TRANSFER C.1. Applicant Are you the current Licence Holder? Yes If 'Yes', go to C.4. Note: 1. In addition to requesting a Transfer, you may also require Variation to a new Premises Manager. 2. There are two separate procedures for transfer of a Premises Licence, Section 33 and Section 34. Section 33 covers Application for Transfer by the Licence Holder. Section 34 covers Application for Transfer by others, for example, by the Executor after the death of the Licence Holder. The procedures are similar but a Section 34 Application must be lodged within 28 days of the death or other event. C.2. Applicant not current Licence Holder Please tick which (a) to (f) applies to you: a The Licence Holder is deceased, and I am his Personal Representative. b The Licence Holder is incapable, and I am authorised by his Power of Attorney. c The Licence Holder is Incapable, and I am authorised to act on his behalf by virtue of the Adults with Incapacity (Scotland) Act 2000. d The Licence Holder is insolvent, and I am the Insolvency Practitioner. e The Licence Holder, being a person other than an individual, a partnership or a company, has been dissolved, and I am the person administering the dissolution. f I am the Transferee of the Business. CASE 3
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VT2 7 Please supply the information and documentation described in (a) to (f) below: a 1 2 3 Specify the date of death. Produce the Death Certificate. Produce the Will nominating you Executor, or (if there is no Will) specify your entitlement to act as Executor and produce supporting documentation, such as a Marriage Certificate. b 1 2 State date of Incapacity. Produce the Power of Attorney. c 1 2 State date of Incapacity. Produce evidence of your authority, e.g. a certified copy of the Court Interlocutor appointing you and giving you authority to make an Application under Section 34 of the 2005 Act. d 1 2 State date of insolvency. Produce evidence of your authority, eg a certified copy of the Court Interlocutor appointing you. e 1 2 State date of dissolution. Produce evidence of your authority, e.g. a certified copy of the Court Interlocutor appointing you. f 1 2 Produce a letter from the Licence Holder or his Solicitor confirming: The transfer of the Business (not solely the Premises) and The date of transfer C.3. Late Transfer Are you lodging this Application for Transfer within 28 days of the death or other event ((a) to (f))? Yes No If 'No', please attach a letter explaining why this Application was not made within 28 days. Note: 1. Where the events (a) - (e) (not (f)) happen, the Premises Licence itself ceases to have effect unless, within 28 days of the occurrence of the event, an application for the Transfer of the licence is made under Section 34; 2. The 28 day limit on Application applies to all of (a) to (f), so the time limit applies to business Transferees too. C.4. Details of Transferee Complete one of (a) to (e): a) Where Transferee is an individual, provide full name, date and place of birth, and home address including postcode. Full Name CASE 3
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VT2 8 Date of birth Place of Birth Home address including postcode Telephone Number Email address Note: a Transfer cannot be made to a Transferee who is an individual under the age of 18. b) Where Transferee is a partnership, please provide full name, and postal address of partnership. Full name of partnership Postal Address of partnership c) Where Transferee is a company, please provide name, registered office and company registration number. Company name Registered office Company registration number Telephone number Email address d) Where Transferee is a club or other body, please provide full name, and postal address of club or other body. Full name of club or other body Postal address of club or other body Telephone number Email address CASE 3
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VT2 9 e) Where Transferee is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of Connected Persons. Full name Postal Address Date of Birth Place of Birth Telephone Number Email address Full name Postal Address Date of Birth Place of Birth Telephone Number Email address Full name. Postal Address Date of Birth Place of Birth Telephone Number Email address Note: The term ‘Connected Person’ is defined by Section 147(3) of the Licensing (Scotland) Act 2005, and means: (a) for a Partnership, a Partner; (b) for a company, a Director, or a person who has control of the Company; (c) for a Club, an office-bearer of the Club; and (d) for any other organisation, any person concerned in its management or control. CASE 3
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VT2 10 Previous Licences and Applications C.5. Has the Transferee or any other Connected Person ever held a licence under the Licensing (Scotland) Acts 1976 or 2005 for Premises anywhere in Scotland? Yes No CASE 3
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VT2 11 If 'Yes', please provide below full details of the other Licence(s), including the name and address of the Premises concerned, the name of the Licence Holder, the type of Licence concerned, the date when the Licence was granted or last renewed, and Licence reference number (if known); if the Premises were not in North Ayrshire, give the name of the Licensing Board. C.6. Has the Transferee or any other Connected Person ever been refused a licence under the Licensing (Scotland) Acts 1976 or 2005 for Premises anywhere in Scotland? Yes No If 'Yes', please provide below full details of the other Licence(s) applied for, including the name and address of the Premises concerned, the name of the Applicant, the type of Licence concerned and Licence reference number (if known), the date of the Board decision and the reason for refusal; if the Premises were not in North Ayrshire, give the name of the Licensing Board. CASE 3
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VT2 12 C.7. Previous convictions Has the Transferee or any Connected Person ever been convicted of a ‘Relevant Offence’ or ‘Foreign Offence’? (see Notes) For each Transferee or Connected Person, answer the question: Name Yes No If the answer is 'Yes' for any person, then on a separate piece of paper provide details: Name of person convicted, (if applicable) his position e.g. 'Director', and for each conviction: the date of conviction or sentence, the Court, the Offence, and the Penalty. Notes: 1. The terms ‘Relevant Offence’ and Foreign Offence’ are defined by section 129, and the Relevant Offences are listed in the Licensing (Relevant Offences) (Scotland) Regulations 2007 No. 513. The list includes Assault, Theft, Breach of the Peace, and many offences under the Road Traffic Act and other statutes. Convictions outside Scotland for offences which are similar to ‘Relevant Offences’ are ‘Foreign Offences’. This means that convictions in the rest of the United Kingdom might be required. If you are in doubt as to whether or not a conviction should be included, do so. The Application will be copied to the Police and checked against their records. 2. Under the heading ‘Offence’, if the conviction is under a statutory provision, add an explanation of the offence; for example, ‘Road Traffic Act 1988, Section 178 (taking motor vehicle without authority)’. C.8. Club If the Transferee is a Members Club, complete the following question. You should send a copy of the Constitution and Rules with your Application. Do the club’s constitution and rules conform to the requirements of regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007? Yes No Note: If the Transferor Club conforms but the Transferee Club does not (or vice versa) then the Board may require to review the Conditions applying to the licence. In particular, if the Transferee Club does not conform, by Law it may require a Premises Manager. CASE 3
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VT2 13 PART D - VARIATION AND TRANSFER TOGETHER D.1. Does the Transfer Application depend on the grant of the Variation? Yes No Note: If 'Yes' the Licensing Board must determine the Variation Application before determining the Transfer Application, and if 'No', the Board must determine the Transfer Application before determining the Variation Application. In either case, if the Board refuses the first Application then the second Application automatically falls. PART E - DECLARATION BY APPLICANT OR AGENT If signing on behalf of the Applicant please state in what capacity. The contents of this Application are true to the best of my knowledge and belief. Signature Baljinder Kaur * (see note below) Date 10/7/2026 Capacity Store owner & Manager * Data Protection Act 1998 - the information on this form may be held on a public register, which may be available to members of the public. Signatory Type or use BLOCK CAPITALS: Please give full name, address, post code, telephone number and email address: Full name. Postal Address (including postcode) Telephone number Email address CASE 3
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CASE 4 THE LICENSING (SCOTLAND) ACT 2005 Personal Licence Hearing – Section 84 Personal Licence Reference: NA/3141 Personal Licence Holder: Davinder Summel Associated Premises: Gulab Brasserie 2A Stanecastle Road Irvine KA11 1AE Reason for Hearing: On 12 August 2026 the Board found, for the purposes of section 84(1), that Mr Summel had acted while working at the premises in a manner inconsistent with securing public safety and protecting and improving public health. Section 84(2) requires a separate hearing. Licensing Standards Comments: See attached report Relevant Licensing Objectives: Securing public safety. Protecting and improving public health. Previous Board Decision: In the related premises licence review, the Board found the section 36(3)(b) ground established and issued a written warning under section 39(2)(a). Issue for the Board: The earlier section 84(1) finding is not reopened. After hearing the holder, decide whether an order is necessary for the purposes of a licensing objective and, if so, what proportionate order should be made. Statutory Options: Revoke; suspend for up to six months; or endorse. If the Board finds the holder is not a fit and proper person to hold a personal licence, revocation is mandatory; otherwise it may make no order.
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CASE 4 LSO BOARD REPORT Page 1 of 2 LSO Comments Summary Following the recent Premises Licence Review Hearing in relation to the Gulab Brasserie, which took place on 12 August 2026, the Board found, for the purposes of section 84(1), that Mr Summel had acted in a manner inconsistent with the public safety and protecting and improving public health licensing objectives. The present hearing is the separate hearing required by section 84(2). The earlier finding is not being reopened; the issue now is whether an order is necessary and, if so, which statutory order is proportionate. Background At the Special Board Meeting in August 2026, Trading Standards asked 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. 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. Subject Section 84: Conduct inconsistent with the licensing objectives (Personal Licence) Personal Licence Holder Davinder Summel Personal Licence Ref NA/3141 Date of Assessment Monday 24th August 2026 Recommendation The Board is invited to hear from the personal licence holder and, applying section 84(3) of the Licensing (Scotland) Act 2005, determine whether an order is necessary for the purposes of any licensing objective. If that test is met, the available orders are revocation, suspension for a period not exceeding six months, or endorsement. If the Board is satisfied that the holder is not a fit and proper person to hold a personal licence, it must revoke the licence. Otherwise, the Board may make no order.
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CASE 4 LSO BOARD REPORT Page 2 of 2 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. The Board found the ground in section 36(3)(b) established and issued the premises licence holder with a written warning under section 39(2)(a). Having considered the Premises Licence Review, it was then decided that for the purposes of section 84(1) of the Act, that Mr. Summel, while working at the premises, had acted in a manner inconsistent with the licensing objectives. These being securing public safety and protecting and improving public health, and that a separate hearing under section 84(2) be held at the next meeting of the Licensing Board to determine whether any order should be made in respect of his Personal Licence. As previously detailed at the Premises Licence Review, I have been in contact with Mr. Summel on a number of occasions. For any issues identified during inspections or visits, Mr. Summel has complied and taken any instructions on board. Issues for the present hearing The Board may wish to hear evidence on Mr Summel's explanation and personal knowledge or involvement; responsibility for purchasing and checking stock; the provenance of the two bottles; current stock-control and supplier-verification arrangements; staff supervision and training; and the remedial action taken since the incident. In deciding whether an order is necessary, the Board should balance the seriousness of the stock-provenance and management failure and the risks identified in its section 84(1) finding against the absence of identified actual harm, the test results that were within the stated alcohol-strength and conductivity specifications, the fact that the substitute liquid was not identified, Mr Summel's previous cooperation, and any credible remediation. The Board should give separate reasons for the statutory test, the selected order and, if suspension is chosen, its duration. Conclusion Having regard to the information set out above, I make no specific recommendation as to the outcome of the personal licence review. I invite the Board to take this report into account and any response from the personal licence holder and the evidence and submissions at the hearing. An order should be made only if the Board identifies the licensing objective concerned and is satisfied that the particular order is necessary for that objective; otherwise, no order should be made. If the Board finds that Mr Summel is not a fit and proper person to hold a personal licence, revocation is mandatory. Isaac Kerr Licensing Standards Officer, North Ayrshire Council
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 1 of 11 NORTH AYRSHIRE LICENSING BOARD Annual Functions Report 1 April 2025 to 31 March 2026 Prepared under section 9A of the Licensing (Scotland) Act 2005 North Ayrshire Licensing Board Cunninghame House, Irvine, KA12 8EE licensing@north-ayrshire.gov.uk
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 2 of 11 Contents Select a section to jump directly to it. Word heading styles are also used for navigation and accessible re-use. Section What it contains Executive overview Headline outcomes and principal 2025/26 measures 1. Purpose, scope and statutory basis Section 9A duty, scope and reporting approach 2. The Board, its decisions and public meetings Public meetings, World Cup policy and decision-making 3. How the licensing objectives were promoted Evidence relating to each of the five licensing objectives 4. Regard to the Licensing Policy Statement Policy, overprovision and operational controls 5. Licences, applications and decisions Three-year licence, application and outcome data 6. Licensing Standards Officer and partnership working LSO resource, partners and the Local Licensing Forum 7. Fairness, equality, transparency and access Fair process, equality commitments and public information 8. Conclusion Overall statutory account and cross-year reporting boundary Note The World Cup section records the Board's policy decision and applications received by 31 March 2026. It does not count the 336 requested dates as grants; decisions and implementation after year-end belong in the 2026/27 activity record. Accessible formats This report can be provided in large print, Easy Read, audio, braille or another format on request. Contact licensing@north-ayrshire.gov.uk.
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 3 of 11 Executive overview This report gives an evidence-led account of how North Ayrshire Licensing Board exercised its alcohol licensing functions during the financial year, 2025/26. It is structured around the matters Scottish Ministers require the Board to report: • the five licensing objectives; • the Licensing Policy Statement; • overprovision policy; • decisions made by or on behalf of the Board; • and licence holdings and occasional licensing activity. At a glance — principal 2025/26 measures Measure 2025/26 Change from 2024/25 Premises licences in force at 31 March 384 +1 Personal licences on the Board's register at 31 March 1,203 +50 Occasional licences granted during the year 681 +6 New/provisional premises licence applications received 10 No change Public Board meetings 5 — Licensing Standards Officer resource 1.0 FTE No change Key outcomes • Stable portfolio. The total number of premises licences increased from 383 to 384; changes within on-sales, off-sales and combined categories were small. • Temporary licensing remained substantial. The Board granted 681 occasional licences, 0.9% more than in 2024/25 but below the 723 granted in 2023/24. • Regulatory action was targeted. One premises review resulted in suspension. Two personal licences were revoked under section 83; no section 84 or section 86 action was recorded. • Training-cycle revocations fell. Section 87(3) revocations fell from 267 to 79. These are statutory consequences of missing refresher-training evidence deadlines and are affected by the timing of five-year licence cohorts. • World Cup planning. On 16 February 2026 the Board rejected a blanket hours extension and adopted an individual-application route. By 31 March, 57 premises had applied across 336 dates; no World Cup occasional-licence applications were received. • The figures are not an approval-rate dataset. Applications received and applications determined may fall in different reporting years, so grants and refusals should not be divided by applications received.
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 4 of 11 1. Purpose, scope and statutory basis Section 9A of the Licensing (Scotland) Act 2005 requires every Licensing Board to prepare and publish an annual functions report for each financial year. The report must explain how the Board had regard to the licensing objectives and its Licensing Policy Statement (including the section 7 overprovision statement and any supplementary statement), summarise decisions made by or on behalf of the Board, and provide information about licences held in the area, including occasional licences issued during the year. The reporting period is 1 April 2025 to 31 March 2026. The report concerns the Board's alcohol licensing functions under the 2005 Act. It does not report on gambling licensing or replace the separate annual financial report required by section 9B. Reporting approach The Scottish Government's revised section 142 guidance, issued in January 2023, says that an annual functions report should principally show how a Board adhered to its policies and promoted the licensing objectives, rather than operate as a procedural manual. This report therefore links policy, decisions and outcomes, and separates verified activity from interpretation. Read section 9A of the 2005 Act • Read the 2023 Scottish Government guidance Status of the Board North Ayrshire Licensing Board is the licensing authority for the North Ayrshire area. It is a separate legal decision-maker from North Ayrshire Council, although its members are councillors and the Council provides the staff, accommodation, information and other support needed for the Board to carry out its functions. The Board acts independently when determining individual licensing matters. 2. The Board, its decisions and public meetings During 2025/26 the Board comprised nine elected members of North Ayrshire Council. The Board held five public meetings. Agendas, reports and approved minutes are available through the Council's committee management system. Public Board meetings held in 2025/26 Meeting date Published record 28 April 2025 Open agenda and minute page 23 June 2025 Open agenda and minute page 8 September 2025 Open agenda and minute page 17 November 2025 Open agenda and minute page 16 February 2026 Open agenda and minute page Decisions at meetings and under delegated authority The 2005 Act and the Board's arrangements allow routine matters to be decided by the Clerk or another authorised officer where the statutory requirements are met and no unresolved issue requires a hearing. Contested applications, review proceedings and matters raising material policy or licensing- objective issues are considered by the Board where legislation or the circumstances require it. An example of case-specific decision-making At its meeting on 28 April 2025, the Board considered a provisional premises licence application and three variation applications. It considered written reports and oral submissions, heard relevant
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 5 of 11 objections, applied standard conditions to the provisional grant and, in one variation, limited the use of an outdoor drinking area for alcohol consumption to between 11.00 am and 10.00 pm. Another application was determined by a recorded 4–3 vote after members considered whether a site visit was needed. The minute illustrates individual consideration, transparent voting and the targeted use of conditions. World Cup 2026: extended-hours arrangements At its meeting on 16 February 2026, the Board considered agenda item 4, 'FIFA World Cup 2026 - Extended Hours'. The Clerk's report set out three routes: a general extension under section 67 of the 2005 Act; individual extended-hours applications under section 68, with occasional licences under section 56 for venues without a premises licence; or no special action. It also identified the concentrated processing and consultation workload and the need to address all five licensing objectives. The Board decided not to make a general extension. Instead, it invited individual applications to be determined through the usual procedures. That retained premises-specific scrutiny and the ability to apply proportionate conditions. Applications could cover any World Cup fixture, not only Scotland matches, and were due by 31 March 2026. Successful extensions could run until 30 minutes after the final whistle, subject to safeguards including no admission or re-admission during the hour before kick- off. The service has confirmed that, by the deadline, 57 premises had submitted extended-hours applications covering 336 dates and no World Cup occasional-licence applications had been received. This was meaningful uptake by existing licensed premises and created a concentrated administrative exercise spanning application receipt, consultation, determination, communication and later implementation. The figures below record applications received, not grants. World Cup exercise at 31 March 2026 Measure 2025/26 activity Functional significance Board approach Individual applications No blanket extension; ordinary statutory procedures retained Premises applying for extended hours 57 Applications made by existing premises licence holders Dates covered by extended-hours applications 336 Concentrated date-specific processing across the tournament World Cup occasional-licence applications 0 No applications were received through the section 56 route Cross-year reporting boundary The February policy decision and the applications received by 31 March form part of this 2025/26 report. Any individual determinations made after 31 March, and the operational and monitoring effects of the summer 2026 fixtures, belong in the 2026/27 functions report. The related application-fee income is analysed in the separate 2025/26 annual financial report under section 9B. Open the 16 February 2026 Board meeting and agenda • Open the Council's World Cup opening-hours notice
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 6 of 11 3. How the licensing objectives were promoted Section 4 of the 2005 Act sets five licensing objectives. They are the organising principles for the Board's policy, conditions, application decisions and review work. No single statistic can demonstrate an objective; the evidence lies in the combination of information considered, controls applied and formal outcomes. 3.1 Preventing crime and disorder Police Scotland information, relevant and foreign offence notifications, the management and compliance history of premises, staff training, refusal-of-service arrangements and incident controls inform decisions where crime or disorder may be engaged. The Licensing Policy Statement also addresses underage sales, weapons, antisocial behaviour and responsible management. In 2025/26 two personal licences were revoked through the section 83 conviction-notice procedure. There were no endorsements, suspensions or no-action outcomes under that section. These were formal personal-licence outcomes; the report does not infer the underlying facts beyond the statutory category recorded. 3.2 Securing public safety The Board considers the proposed operation, layout and capacity of premises; entry, exit and dispersal; stewarding and event management; late opening; outdoor areas; and representations from responsible authorities. Mandatory and standard conditions establish a consistent baseline, while case-specific conditions can address risks arising from a particular premises or event. The 681 occasional licences granted during the year were subject to the controls applicable to temporary alcohol sales, including the mandatory conditions and the relevant North Ayrshire standard conditions. Contested or policy-sensitive applications can be referred for Board determination. 3.3 Preventing public nuisance Hours, amplified music and entertainment, outdoor drinking and smoking areas, deliveries, waste, patron dispersal and the effect on neighbours are considered where relevant. Conditions may limit activities or hours where that is appropriate and proportionate. The 28 April 2025 variation decision described in section 2 is a concrete example: the Board granted the application after the applicant withdrew one element and imposed a specific 11.00 am to 10.00 pm limit for alcohol in the outdoor drinking area. 3.4 Protecting and improving public health The Board's principal strategic tool for this objective is its evidence-based overprovision policy. New premises licence applications and variations that increase alcohol capacity are considered in the context of locality, premises function, capacity, the wider availability of alcohol and properly submitted public health evidence. The policy creates rebuttable presumptions, not automatic outcomes. Ten new or provisional premises licence applications were received and eight were determined under section 23 during the year: seven grants and one refusal. Because application and determination cohorts may cross financial years, and because the supplied aggregate data do not record the grounds in each case, those figures are not presented as a measure of public-health decision-making on their own. 3.5 Protecting children and young persons from harm The Board considers the terms on which children and young persons may access premises, the suitability of activities and entertainment, safeguarding, age-verification and refusal controls, supervision and staff training. The Licensing Policy Statement expects compliance with Challenge 25
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 7 of 11 and treats underage drinking as an issue for the whole licensed trade, including both on-sales and off- sales premises. The standard conditions for occasional licences require those selling or serving alcohol to hold a personal licence or to have received the statutory staff training, with the licence or training record available to the Licensing Standards Officer on request. 4. Regard to the Licensing Policy Statement The operative policy throughout 2025/26 was the North Ayrshire Licensing Board Licensing Policy Statement 2023 to 2027. It was adopted at a special meeting on 23 October 2023 and applies to the four-year licensing policy period beginning 5 November 2023. No supplementary Licensing Policy Statement was in force during the reporting year. Open the Licensing Policy Statement 2023 to 2027 4.1 Individual merits and policy presumptions The Board has regard to the policy when deciding applications and reviews but does not apply it as a rigid rule. Applicants may seek a departure and must address the relevant policy. The Board considers the evidence and statutory tests in the individual case. A policy indication that an application is likely to be refused or granted establishes a starting presumption; it does not predetermine the result. 4.2 Overprovision Section 7 overprovision statement — practical effect Policy element How it operates Whole Board area All of North Ayrshire is assessed as overprovided. A new licence or increase in capacity is therefore subject to a presumption of refusal. Locality The presumption is stronger in localities other than North Coast and Isle of Arran. Function type The presumption is stronger for function types other than Function Type 4 (hotels and restaurants), although applications in that category may still be refused. Case-specific assessment All presumptions are rebuttable. The Board considers locality, function, capacity, evidence and the circumstances of the application. 4.3 Other policy controls Policy controls used across the Board's work Policy area How it informed functions in 2025/26 Licensed hours Policy hours guide on-sales, off-sales, outdoor and event proposals. The Board can consider justified departures on the evidence. Standard conditions Premises and occasional licences carry the mandatory conditions and the relevant edition and parts of the Board's standard conditions, subject to lawful case-specific adjustment. Occasional licences The policy distinguishes genuine temporary licensing from regular activity that requires a premises licence and sets expectations for timely applications and safe operation. Children and young persons Access, age verification, supervision, staff training and the suitability of activities are considered against the objective of protection from harm. Equality and accessibility Policy and major policy changes are supported by equality and children's-rights assessment, and proceedings should be fair and accessible.
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 8 of 11 5. Licences, applications and decisions This section provides the statutory summary of licences and decisions. It uses the verified figures supplied for 2025/26 and the two preceding annual functions reports. PPL means provisional premises licence. Table 1 — Licence profile and LSO resource Measure at 31 March 2023/24 2024/25 2025/26 Premises licences — total 385 383 384 On-sales only 98 95 94 Off-sales only 130 135 139 On- and off-sales 157 153 151 Personal licences on register 1,264 1,153 1,203 Licensing Standards Officer resource 1.0 FTE 1.0 FTE 1.0 FTE Source: 2023/24 and 2024/25 annual functions reports; 2025/26 licensing system figures. Table 2 — New and provisional premises licence applications New/provisional premises activity 2023/24 2024/25 2025/26 On-sales applications received 1 (1 PPL) 4 (1 PPL) 1 Off-sales applications received 7 (6 PPL) 3 (1 PPL) 6 (6 PPL) On- and off-sales applications received 3 (1 PPL) 3 3 (1 PPL) Total applications received 11 (8 PPL) 10 (2 PPL) 10 (7 PPL) Granted under section 23 7 (7 PPL) 11 (7 PPL) 7 (5 PPL) Refused under section 23 0 2 1 (1 PPL) Applications received and section 23 determinations are separate measures; a determination may relate to an application received in another financial year. Table 3 — Premises licence review outcomes Outcome under sections 36/37 2023/24 2024/25 2025/26 Written warning 0 0 0 Variation 0 0 0 Suspension 0 0 1 Revocation 0 1 0 No action 0 0 0 Table 4 — Occasional licences In-year activity 2023/24 2024/25 2025/26 Occasional licences granted 723 675 681 Table 5 — Personal licence applications and review outcomes Personal licence activity 2023/24 2024/25 2025/26 Applications granted under section 72 158 189 145 Applications refused under section 72 0 0 0 Section 83 — endorsement 2 1 0
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 9 of 11 Personal licence activity 2023/24 2024/25 2025/26 Section 83 — suspension 0 0 0 Section 83 — revocation 0 0 2 Section 83 — no action 0 0 0 Section 84 — all outcomes 0 0 0 Section 86 — all outcomes 0 0 0 Section 87(3) revocations 220 267 79 Section 84 and section 86 each recorded zero endorsements, suspensions, revocations and no-action outcomes in all three years. Meaning of the personal licence categories Provision What the reported category concerns Section 72 Determination of a personal licence application. Section 83 Procedure following notice of a relevant or foreign offence after grant. Section 84 Personal licence review arising from conduct inconsistent with a licensing objective in premises review proceedings. Section 86 Review after three endorsements are in force. Section 87(3) Revocation where the holder has not provided the required evidence of refresher training within the statutory period. 6. Licensing Standards Officer and partnership working 6.1 Licensing Standards Officer North Ayrshire Council provided 1.0 full-time-equivalent Licensing Standards Officer resource at 31 March 2026. The Council is required to appoint at least one LSO. The role supports the licensing system by providing information and guidance, supervising compliance with premises and occasional licence conditions, providing mediation where appropriate, and reporting relevant matters to the Board. The current Licensing Standards Officer took up post in June 2025. The reporting year therefore includes a substantial but not complete year under the appointment. That timing should be kept in view when future reports compare inspection, mediation and compliance activity, although the recorded resource at 31 March 2026 remained 1.0 FTE. The LSO is not the Board's employee or agent and does not provide legal advice. The role is nevertheless an important operational link between licence holders, communities, Police Scotland, Council services and the Board. The Scottish Government guidance encourages early, collaborative resolution where possible, with formal review available where concerns cannot be resolved or require Board action. 6.2 Partners and evidence The Board's functions sit within a wider system involving the Clerk and licensing staff, the LSO, Police Scotland, NHS Ayrshire and Arran and public health interests, Environmental Health, applicants and licence holders, residents, community interests and other statutory consultees. Their evidence is considered only to the extent relevant to the statutory tests, the licensing objectives and the application or review before the Board.
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 10 of 11 6.3 Local Licensing Forum A Local Licensing Forum is a statutory advisory body separate from the Board. It monitors the operation of the licensing system and may provide general advice and recommendations, but it does not decide or comment on individual cases. 7. Fairness, equality, transparency and access 7.1 Fair process Applicants, objectors and those making representations are given notice and an opportunity to address the Board in accordance with the legislation and the circumstances of the case. Members consider the material properly before them, may ask questions and may retire to deliberate. Decisions are taken in public. Where reasons are required, they are recorded in the minute or provided in a written statement as appropriate. The Board recognises that participants may be unrepresented. Its published meeting advice explains the hearing process, the information that can be considered and matters that may have to be excluded. Requests for continuation or other procedural adjustments are considered on their merits and with regard to fairness to all parties. 7.2 Equality and accessibility During the reporting year the Board published its Mainstreaming Report 2025 to 2027 and Equality Outcomes 2025 to 2029. The outcomes focus on accessible and inclusive licensed premises, wider participation by underrepresented groups, and fair and transparent decision-making. The report also commits to accessible information and Equality and Children's Rights Impact Assessments for major policy decisions. 7.3 Public information Routes to licensing information and support Resource What it provides Board and meeting information Membership, meeting dates, agendas, reports and minutes. Open licensing bodies page Licensing register Public search information about licences and applications. Search the licensing register Policy and conditions Licensing Policy Statement 2023 to 2027 and standard conditions. Open policy statement Meeting advice Plain-language information for people attending licensing hearings. Open meeting advice Contact licensing@north-ayrshire.gov.uk Email the licensing team
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AGENDA ITEM 5 NORTH AYRSHIRE LICENSING BOARD ANNUAL FUNCTIONS REPORT 2025–26 Page 11 of 11 8. Conclusion During 2025/26 North Ayrshire Licensing Board continued to exercise its alcohol licensing functions with regard to the five licensing objectives and the Licensing Policy Statement 2023 to 2027. Its work combined public Board hearings, delegated administration, standard and case-specific conditions, compliance support and formal review action where required. The year-end premises portfolio was stable, occasional licensing remained substantial and the personal licence register increased. The Board recorded one premises suspension, two section 83 personal- licence revocations and 79 statutory section 87(3) revocations. The report presents those outcomes transparently without treating aggregate figures as a substitute for the evidence and reasons in individual cases. World Cup preparation was also a material policy and workload item. This report records the Board's February 2026 decision and the applications received by year-end; the 2026/27 report should complete the account by recording the relevant determinations and the operational experience from the tournament. Taken with the published policy, agendas, reports, minutes, licensing register and equality report, this annual functions report provides a proportionate public account of how the Board discharged its statutory functions during the financial year.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 1 of 14 NORTH AYRSHIRE LICENSING BOARD Annual Financial Report 1 April 2025 to 31 March 2026 Prepared under section 9B of the Licensing (Scotland) Act 2005 North Ayrshire Licensing Board Cunninghame House, Irvine, KA12 8EE licensing@north-ayrshire.gov.uk
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 2 of 14 Contents Section What it contains Executive overview Headline result, material movements and decision route 1. Purpose and statutory framework Section 9B duty, scope and legal context 2. Reporting basis and source controls Authoritative workbooks, exclusions and calculation method 3. Financial statement Two-year statement, movement and recovery rate 4. Income analysis Composition, World Cup income timing and year-on-year movement 5. Expenditure analysis Allocation method, local government pay award and cost composition 6. Cost recovery and interpretation What the deficit does—and does not—establish 7. Board decisions Completed checks and recommended decisions Appendix A. Detailed income schedule Line-by-line fee income and comparative values Appendix B. Legal and statistical sources Legal authorities, World Cup records, pay award, inflation and comparators Accessible formats This report can be provided in large print, Easy Read, audio, braille or another format on request. Contact licensing@north-ayrshire.gov.uk.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 3 of 14 Executive overview The total income for 2025/26 was £165,102.00. Applying the 2025/26 expenditure of £174,863.31 produces a deficit of £9,761.31. Income increased by 2.1%; expenditure increased by only 0.5%. Cost recovery improved from 92.97% to 94.42%. Relevant income Recorded expenditure Deficit Cost recovery £165,102.00 £174,863.31 £9,761.31 94.42% Key findings • Relevant income was £165,102.00, up £3,397.00 (2.1%) on 2024/25. • Recorded expenditure was £174,863.31, up £925.53 (0.5%). • The deficit decreased by £2,471.47, from £12,232.78 to £9,761.31. • Staffing and member costs represented 85.7% of recorded expenditure and fell by £3,599.18 (2.3%). That net reduction occurred despite a 4% uplift to SJC salary rates from 1 April 2025; other costs represented 14.3%. • Premises-licence income, including annual fees, remains the dominant income stream. Personal-licence income fell by 29.1%; occasional and extended-hours income rose by 21.7%. World Cup extended-hours applications account for £3,360.00, or 32.0%, of that £10,500.00 combined line. Recommended Board route The Board is invited to approve the final report and authorise its publication. The report records income of £165,102.00, expenditure of £174,863.31, a deficit of £9,761.31 and cost recovery of 94.42%. Year-on-year bridge The year-on-year movement reconciles cleanly. Income rose by £3,397.00. Within expenditure, the £3,599.18 reduction in staffing and member costs was more than offset by a £4,524.71 increase in other costs, leaving total expenditure only £925.53 higher. The combination reduced the deficit by £2,471.47 and lifted recovery by 1.45%. Service context The staffing movement sits within a year of organisational change and a national pay settlement. The 2025/26 SJC award increased salary rates by 4% from 1 April 2025. Against that upward pressure, resources were reallocated in response to service demand, Board membership reduced from 10 to 9, and a new Licensing Standards Officer took up post in June 2025. The final staffing and member figure therefore reflects the interaction of pay rates, cost bases, timing and allocation rather than a simple change in headcount or salary.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 4 of 14 1. Purpose and statutory framework 1.1 Purpose This report explains the financial position associated with North Ayrshire Licensing Board’s functions under the Licensing (Scotland) Act 2005 for the year ended 31 March 2026. It is designed to provide transparency by the Board for licence holders and the public. It is separate from the Board’s annual functions report under section 9A. 1.2 Statutory duty Section 9B of the 2005 Act requires each Licensing Board to prepare and publish, no later than three months after the end of the financial year, a report containing: • the amount of relevant income received during the year; • the amount of relevant expenditure incurred in respect of the Board’s area; and • an explanation of how those amounts were calculated. Relevant income is income connected with the Board’s 2005 Act functions. Relevant expenditure is expenditure attributable to those functions and incurred by the Board, North Ayrshire Council or the Licensing Standards Officer. 1.3 Board and Council The Licensing Board is a separate legal entity from North Ayrshire Council. The Council provides the staff, systems, accommodation, legal, finance and administrative support required for the Board to discharge its functions and must provide information reasonably required for the annual report. The statutory statement is therefore about Board-related licensing activity, even where the underlying cost is incurred through Council systems. 1.4 Fee-setting context The Licensing (Fees) (Scotland) Regulations 2007 prescribe fixed fees and maxima and permit the Board to determine certain fees within that framework. The statutory policy is broad equivalence between fee income and the expense of administering the 2005 Act over a period. It does not require every licence type, or every individual year, to break even exactly. A deficit is therefore a material management signal, but it is not by itself proof that the Board has acted unlawfully or inefficiently. Note Only expenditure attributable to the 2005 Act belongs in this report. Civic Government licensing, gambling licensing and general Council activity must not be included merely because they share a licensing cost centre, staff member, system or supplier.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 5 of 14 2. Reporting basis and source controls The figures set out in this statement have been compiled using data from the Council’s licensing database and financial management systems. Staffing and support costs have been apportioned to licensing on the basis of time commitment and the Council’s established corporate cost allocation model. This ensures consistency and comparability with financial reports produced by other Licensing Boards across Scotland. 2.1 Calculation method • Income is the sum of the fee totals and is grouped into premises, personal, and occasional/extended-hours income. • The allocated staffing and member amounts are divided by their original percentages to recover the implied full-year cost bases. • Recorded expenditure is the final staffing and member total of £149,831.12 plus other expenditure of £25,032.19, producing £174,863.31. • The deficit is recorded expenditure less relevant income. • The cost-recovery rate is relevant income divided by recorded expenditure, expressed as a percentage. • Year-on-year movement is 2025/26 less 2024/25; percentage movement uses 2024/25 as the base. 2.2 Precision and presentation Financial statement amounts are shown to the penny. Percentages are calculated from unrounded source values and then rounded for presentation. 2.3 Allocation and operating context Allocation percentages express the share of a full cost attributed to Licensing Board functions; they are not a direct measure of salary movement or headcount. Year-on-year differences can arise from the mix of staff time, redistribution of work, changes in service demand, the composition of the Board and changes in the underlying salary cost bases, including the 2025/26 local government pay award. For 2025/26, Board membership reduced from 10 to 9 and the elected-member allocation applied in the expenditure calculation is 2%. The new LSO was in post from June 2025, covering approximately ten months of the reporting year. The report retains the cost basis supplied by Finance while recognising that the service was operating through a transition in staffing and Board composition.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 6 of 14 3. Financial statement Financial measure 2024/25 2025/26 Movement Movement % Relevant income £161,705.00 £165,102.00 +£3,397.00 +2.1% Staffing and member costs £153,430.30 £149,831.12 −£3,599.18 −2.3% Other costs £20,507.48 £25,032.19 +£4,524.71 +22.1% Total expenditure £173,937.78 £174,863.31 +£925.53 +0.5% Deficit £12,232.78 £9,761.31 −£2,471.47 −20.2% Cost-recovery rate 92.97% 94.42% N/A +1.45 pp 2024/25 comparatives come from the prior annual financial report. The 2025/26 figures are the final figures used for this report. 3.1 Analysis Income increased by 2.1%, while recorded expenditure increased by 0.5%. The deficit decreased by 20.2% after the revised allocations. Fee income funded 94.42% of recorded expenditure. This is 1.45% above 2024/25. 3.2 Expenditure bridge The £4,524.71 rise in other costs exceeded the £3,599.18 reduction in staffing and member costs by £925.53. That £925.53 is exactly the year-on-year increase in total expenditure. The result is principally a change in cost mix: other costs represented 14.3% of expenditure, compared with 11.8% in 2024/25, while the staffing and member share moved from 88.2% to 85.7%. 3.3 Recovery bridge Income grew £2,471.47 more than expenditure (£3,397.00 against £925.53). That difference is exactly the reduction in the deficit. The cost-recovery rate therefore rose from 92.97% to 94.42%, an improvement of 1.45%.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 7 of 14 4. Income analysis Income stream 2024/25 2025/26 Movement Movement % Premises licences, including annual fees £143,275.00 £147,652.00 +£4,377.00 +3.1% Personal licences £9,800.00 £6,950.00 −£2,850.00 −29.1% Occasional licences / extended hours £8,630.00 £10,500.00 +£1,870.00 +21.7% Total relevant income £161,705.00 £165,102.00 +£3,397.00 +2.1% Income groupings and both years are taken solely from Financial Report Information. 4.1 Composition Premises-licence income was £147,652.00 and represented 89.4% of total income. Personal-licence income represented 4.2%, and occasional/extended-hours income 6.4%. Annual premises fees alone contributed £125,295.00. 4.2 Movement The £3,397.00 net increase is fully reconciled by income group: premises-licence income rose by £4,377.00 and occasional/extended-hours income rose by £1,870.00, partly offset by a £2,850.00 reduction in personal-licence income. 4.3 World Cup 2026 application income Agenda item 4 at the Board meeting on 16 February 2026 was ‘FIFA World Cup 2026 — Extended Hours’. The Clerk’s report examined three routes: a general extension under section 67 of the 2005 Act; individual extended-hours applications under section 68, with occasional licences under section 56 for venues without a premises licence; or no special action. It identified the £10 statutory fee for each individual application, the officer workload created by a concentrated application exercise, and the need to address public safety, crime and disorder, nuisance, health, children and young persons, and orderly dispersal. The Board did not make a general extension. Its published policy used individual applications determined through the usual procedures and widened eligibility from the Scotland fixtures discussed in the agenda paper to any World Cup fixture. Applications were due by 31 March 2026. Successful extended hours could run until 30 minutes after the final whistle, subject to event-specific safeguards, including no admission or re-admission one hour before kick-off. By the 31 March 2026 deadline, 57 premises submitted extended-hours applications covering 336 dates and no World Cup occasional-licence applications were received. This averages 5.9 dates per premises. At the statutory fee of £10 per date/application, the extended-hours applications generated £3,360.00. Measure 2025/26 result Financial reading Premises submitting extended-hours applications 57 336 dates; 5.9 dates per premises World Cup occasional-licence applications 0 £0.00 from the section 56 route World Cup extended-hours dates 336 £10 per date/application World Cup extended-hours fee income £3,360.00 32.0% of the £10,500.00 combined line Other occasional/extended-hours income £7,140.00 £1,490.00 (17.3%) below the prior combined line
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 8 of 14 Income recognition and year-on-year bridge North Ayrshire’s published fee arrangements treat an application as received once the fee is paid. Because 336 World Cup date applications were received by 31 March 2026, the £3,360.00 is relevant income for 2025/26 even though the fixtures took place in summer 2026 and determinations or implementation work could fall in 2026/27. The World Cup contribution of £3,360.00 was partly offset by a £1,490.00 fall in the remainder of occasional/extended-hours income, producing the reported net increase of £1,870.00. 4.4 Financial and operational interpretation The £3,360.00 World Cup income represented 2.0% of total relevant income and 1.9% of total expenditure. Across the 57 participating premises, the average fee yield was £58.95. Those figures show the scale of the receipt, but they are not unit-cost or cost-recovery measures: the £10 fee is statutory and does not factor the officer time associated with this exercise. The individual-application route retained premises-specific scrutiny and the ability to impose proportionate conditions, but converted demand into 336 date applications requiring processing within a short period. The agenda paper anticipated consultation, licensing and LSO input, liaison with Police Scotland, communication and possible monitoring. Without time-recording or a specific expenditure code, the supplied data do not establish whether the £3,360.00 exceeded or fell short of the additional cost of the exercise. The zero occasional-licence figure relates only to the World Cup exercise; it is not the annual occasional-licence total. Equally, 336 is the number of extended-hours dates applied for, not the number granted. For cross-year reporting, this financial report records fees received by 31 March 2026; the 2025/26 functions report can record the February policy decision and applications received, while any individual determinations made after 31 March belong in the 2026/27 decision data. 4.5 Movement within premises income Within the premises group, the positive movements were major variations (£4,110.00), confirmations of provisional licences (£1,200.00), provisional premises licences (£600.00), section 33 transfers and variations (£350.00), and minor variations (£240.00). These were partly offset by annual premises fees (£1,118.00), new premises manager fees (£465.00), full grants (£300.00) and section 34 transfers and variations (£240.00). The component movements reconcile exactly to the £4,377.00 increase in premises income. Annual premises fees remained the single largest line at £125,295.00, equivalent to 75.9% of total relevant income. The year's improvement therefore came from the mix of transactional fees rather than growth in the annual-fee line. 4.6 Income boundary No gambling, civic licensing or other non-2005 Act income has been included. No social responsibility levy income appears in the supplied schedule. Appendix A provides the full line-by-line reconciliation.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 9 of 14 5. Expenditure analysis Expenditure category 2024/25 2025/26 2025/26 share Movement Staffing and member costs £153,430.30 £149,831.12 85.7% −£3,599.18 Other costs £20,507.48 £25,032.19 14.3% +£4,524.71 Total recorded expenditure £173,937.78 £174,863.31 100.0% +£925.53 The 2025/26 staffing cost bases and other-expenditure total are taken from information provided by Finance. Income and the 2024/25 comparatives are taken from Financial Report Information. 5.1 Staffing and member allocation This particular cost applies time or responsibility percentages to salary-related and member costs. For this report, each allocated amount was first returned to its implied 100% full-year cost base, then the final percentages were applied. Individual staff names and salary values are not reproduced in the public report. Staffing and member costs decreased by £3,599.18 (2.3%). Relevant contextual factors are the reallocation of resources to match service demand, the Board's reduction from 10 to 9 members, and the new LSO taking up post in June 2025. The 2% elected-member allocation and the staff percentages in the table express cost attribution rather than a simple movement in employee or member numbers. Board membership reduced by 10%, while the aggregate staffing and member cost reduced by 2.3%. The difference confirms that elected-member numbers are one contributor, alongside the wider staff allocation and service-demand factors, rather than the sole explanation for the movement. 5.2 Local government pay award The Scottish local government pay settlement increased all Scottish Joint Council spinal-column points by 4% for the period 1 April 2025 to 31 March 2026, effective from 1 April 2025. This created an underlying upward pressure on salary-related cost bases for staff covered by the settlement. The separate 3.5% uplift from 1 April 2026 falls outside this report and belongs to the 2026/27 comparison. The pay award is not inconsistent with the reported £3,599.18 (2.3%) reduction in staffing and member costs. The reported line combines staff and elected-member amounts and applies the final attribution percentages to the relevant cost bases. Resource reallocation, changes in service demand, the Board moving from 10 members to 9, and the new LSO taking up post in June 2025 were capable of more than offsetting the salary-rate pressure. Cost group Allocation Calculated Amount Licensing Standards Officer 100% £36,286.00 Licensing and support officers 100%, 80%, 35%, 30%, 5% £89,295.20 Elected members 2% £24,249.92 Total staffing and member costs — £149,831.12 5.3 Other costs Finance reported other expenditure of £25,032.19, up £4,524.71 (22.1%). The 2025/26 ledger is concentrated in software licences and support (£9,168.15; 36.6%) and postage (£4,816.58; 19.2%). Together these categories account for £13,984.73, or 55.9%, of other costs. The ledger also records £800.00 of staff training, including Licensing Standards Officer training, with the balance spread across insurance, equipment and consumables, travel and mileage, legal expense, memberships, supplies, administration and other Finance-ledger categories.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 10 of 14 5.4 Inflation benchmark At March 2026, UK CPI inflation was 3.3% and services inflation was 4.5%. Applying those year-end benchmarks to the 2024/25 other-cost base would equate to an increase of approximately £676.75 to £922.84. General inflation therefore provides a reasonable explanation for part of the movement, around 15% to 20% of the £4,524.71 increase. The balance is consistent with the mix of costs recorded during the year, contract renewal and transaction timing, and specific items in the Finance ledger. The prior-year source provides an aggregate other-cost comparator, so the inflation calculation is used as a benchmark rather than as an allocation of every pound of movement.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 11 of 14 6. Cost recovery and interpretation Income grew by 2.1%, while expenditure grew by 0.5%. The resulting deficit is 5.58% of expenditure; income would need to be 5.91% higher to cover the cost in this year alone. Indicator 2024/25 2025/26 Assessment Income growth — +2.10% Modest increase Expenditure growth — +0.53% Broadly stable Cost-recovery rate 92.97% 94.42% Up 1.45 pp Deficit £12,232.78 £9,761.31 Down £2,471.47 Indicators use the final 2025/26 income and expenditure figures. 6.1 Why recovery improved Income increased by £3,397.00 while expenditure increased by £925.53, narrowing the deficit by £2,471.47. Every £100 of 2025/26 expenditure was therefore supported by £94.42 of relevant income, compared with £92.97 in 2024/25. 6.2 Key conclusions • Fee income did not cover the recorded 2025/26 expenditure base. • The gap narrowed compared with 2024/25 and the recovery rate improved. • The remaining shortfall supports continued monitoring through a consistent future allocation methodology. 6.3 LSO timing and future comparison The new LSO took up post in June 2025, so 2025/26 contains a substantial but not complete year of operational experience under the appointment. The recovery improvement is explained by the income and expenditure movements above rather than attributed to one post. The 2026/27 report will provide the first full-year opportunity to compare fee income, application mix, inspection and compliance activity, and the continuing cost of the role on a consistent basis.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 12 of 14 7. Board decisions 7.1 Recommended decisions The Board is invited to: • note the final position of £165,102.00 income, £174,863.31 expenditure and a £9,761.31 deficit; • approve the annual financial report for 2025/26; • authorise publication of the report following the meeting; and • request that the 2026/27 report retain a consistent allocation basis and include a full-year LSO comparison, the World Cup determination and implementation workload, licence-volume data, the effect of the 2026/27 pay award and a line-by-line other-cost bridge. 7.2 Monitoring focus for 2026/27 The next report should retain the same definitions and reconciliation method so movements can be separated into volume, allocation, price and timing effects. Particular attention should be given to the first full year of the LSO appointment, the 3.5% SJC pay uplift from 1 April 2026, the membership and activity of the Board, the determination and implementation workload arising from the World Cup applications received beyond March 2026, application volumes and fee yield by category, and the software/support and postage lines that account for most 2025/26 other costs. 7.3 Conclusion The final report records expenditure of £174,863.31, a deficit of £9,761.31 and cost recovery of 94.42%. It separates the income and expenditure sources, explains the allocation method and provides a transparent two-year comparison.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 13 of 14 Appendix A. Detailed income schedule Fee line 2024/25 2025/26 Movement Movement % Extension / occasional licence £8,630.00 £10,500.00 +£1,870.00 +21.7% Minor variation £380.00 £620.00 +£240.00 +63.2% New premises manager (immediate effect) £2,542.00 £2,077.00 −£465.00 −18.3% Personal licence £9,800.00 £6,950.00 −£2,850.00 −29.1% Annual premises fees £126,413.00 £125,295.00 −£1,118.00 −0.9% Provisional premises licence £1,400.00 £2,000.00 +£600.00 +42.9% Full grant of premises licence £2,400.00 £2,100.00 −£300.00 −12.5% Confirmation of provisional premises licence £3,400.00 £4,600.00 +£1,200.00 +35.3% Major variation £5,610.00 £9,720.00 +£4,110.00 +73.3% Transfer and variation — section 33 £650.00 £1,000.00 +£350.00 +53.8% Transfer and variation — section 34 £480.00 £240.00 −£240.00 −50.0% Total relevant income £161,705.00 £165,102.00 +£3,397.00 +2.1% Source: Financial Report Information. Grouped Totals Group 2025/26 amount Share of total Premises licences, including annual fees £147,652.00 89.4% Personal licences £6,950.00 4.2% Occasional licences / extended hours £10,500.00 6.4% Total £165,102.00 100.0% Income movement bridge Income group Movement Reading Premises licences, including annual fees +£4,377.00 Principal positive contribution Occasional licences / extended hours +£1,870.00 Additional positive contribution Personal licences −£2,850.00 Offset to growth Net movement +£3,397.00 Reconciles to total income change At individual fee-line level, the five largest absolute movements - major variations, personal licences, occasional/extended hours, confirmations and annual premises fees - net to +£3,212.00. The remaining fee lines net to +£185.00, completing the £3,397.00 reconciliation. Within the occasional/extended-hours line, £3,360.00 of World Cup extended-hours fees plus £7,140.00 of other income equals the reported £10,500.00. Compared with the prior-year combined line of £8,630.00, the £3,360.00 World Cup contribution less the £1,490.00 reduction in other activity equals the net £1,870.00 increase.
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AGENDA ITEM 6 NORTH AYRSHIRE LICENSING BOARD ANNUAL FINANCIAL REPORT 2025–26 Page 14 of 14 Appendix B. Legal and statistical sources Primary authorities, official statistics and Scottish comparator material inform the report. Source How it informed this report Licensing (Scotland) Act 2005, section 9B Statutory content, definitions and publication duty Air Weapons and Licensing (Scotland) Act 2015, section 56 Provision inserting annual-report duties Licensing (Fees) (Scotland) Regulations 2007 Fee structure, maxima and broad-equivalence context Scottish Government section 142 guidance — Licensing Boards Board status, annual reports and fee-policy context North Ayrshire annual financial report 2024/25 Local comparative narrative and published baseline Office for National Statistics: Consumer price inflation, UK - March 2026 Year-end CPI and services-inflation benchmarks for other-cost analysis North Ayrshire Licensing Board meeting and agenda — 16 February 2026 Agenda item 4: legal options, licensing objectives, £10 fees and resource implications North Ayrshire Council: Apply for extended World Cup opening hours — 18 February 2026 Final Board policy, any-fixture scope, deadline, closing time and safeguards North Ayrshire Council: Policy for extended hours and occasional licences over the festive period Published £10-per-date fee and paid-receipt treatment COSLA: GMB and Unite join UNISON in accepting pay offer — July 2025 Accepted two-year settlement: 4% from 1 April 2025 and 3.5% from 1 April 2026 Benchmarking note The ONS figures are used as a year-end benchmark for the change in other costs. The COSLA settlement provides the salary-rate context; the North Ayrshire agenda and public notice establish the World Cup policy and timing. North Ayrshire’s financial amounts remain the figures supplied by Finance and the service-confirmed World Cup volumes; external sources inform legal and financial interpretation only.
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Agenda Item 7 NORTH AYRSHIRE LICENSING BOARD 7 September 2026 Licensing Board Title: Gambling Act 2005 — Draft Statement of Principles and Local Area Profile Purpose: To seek authority to consult on a full replacement Statement of Principles and supporting Local Area Profile for the remainder of the current statutory period. Recommendation: It is recommended that the Licensing Board: (1) approves the draft Statement of Principles at Appendix 1 and the draft Gambling Local Area Profile at Appendix 2 for an eight- week statutory and public consultation; (2) agrees the consultation approach and range of consultees described in section 5 of this report; (3) approves for consultation the proposed form of no-casino resolution under section 166 set out in section 3.4 of Appendix 1; (4) approves for consultation the proposal to designate North Ayrshire Child Protection Committee under section 157(h), noting the Committee Chair’s support in principle and subject to formal Committee and Public Protection Chief Officers Group approval, written designation and confirmed contact arrangements; (5) notes that the drafts and consultation proposals have no operative effect until the Board considers the responses, adopts a final Statement, makes each separate statutory decision required and completes the publication process; (6) authorises the Clerk, in consultation with the Convenor, to make minor legal, factual, accessibility, formatting and publication corrections that do not materially change a consultation proposal; and (7) instructs the Clerk to report the consultation outcome and final recommended documents to the Board, with a response schedule, the exact effective and expiry dates for any casino resolution and the proposed written section 157(h) designation. 1. Executive Summary 1.1 Section 349 of the Gambling Act 2005 requires the Board to prepare, consult on and publish a Statement of Principles for each statutory three-year period. The current period began on 31 January 2025 and ends on 30 January 2028. 1.2 Appendix 1 is a full replacement Statement for the remainder of that period. Appendix 2 is its separate evidence companion, the first standalone North Ayrshire Gambling Local Area Profile. Adoption of the replacement will leave the statutory end date unchanged.
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1.3 The Statement contains a full definitions section, a clear decision framework, the proposed form of section 166 resolution, an expanded section 157(h) policy, a directive source map and updated organisational contact appendices. The Local Area Profile retains the local evidence, limitations and premises-specific risk approach reviewed by the Board. 1.4 The decision requested at this meeting is authority to consult. Final adoption, a fresh casino resolution and any change to the child-protection responsible authority will return to the Board after consultation as separate decisions. 2. Background 2.1 The Board’s published 2019–2022 Statement predates the current statutory period and material changes in local premises numbers, Commission guidance and the LCCP. A current replacement is therefore required for the remainder of the 2025–2028 period. 2.2 For premises functions under Part 8, section 153 requires the Board to aim to permit gambling so far as the proposal accords with relevant Commission codes and Guidance, is reasonably consistent with the three licensing objectives and accords with the Statement. Both drafts preserve individual merits and premises-specific evidence. 2.3 Section 349(3) requires consultation with the Chief Constable, persons representing local gambling businesses and persons representing people likely to be affected by the Board’s functions. The final Statement must include the prescribed consultation information and be advertised and available for at least four weeks before it takes effect. 3. Draft Statement and Local Area Profile 3.1 The Statement separates the Board’s functions from matters led by the Gambling Commission or another authority. It explains section 153, evidence and fairness, local risk assessment, conditions, premises types, permits, statutory parties, compliance, appeals and public information in a direct sequence. 3.2 The definitions align with the Local Area Profile, including local risk assessment, operator or licensee, premises licence, responsible authority, residual risk and vulnerable persons. Throughout both documents, the service is called Licensing. 3.3 Appendix A to the Statement is confined to legislation, Scottish regulations and Gambling Commission guidance. It acts as a source map by directing the reader from each official source to the topics it governs. Appendix B gives current service details for responsible authorities. Appendix C is a wider consultation directory using organisational mailboxes and contact routes rather than named individuals given that these may change over time. 3.4 The Local Area Profile is a separate, non-determinative evidence document. It describes actual, potential and emerging local factors and the questions they may raise for an operator’s premises-specific assessment. It creates no risk rating, quota, exclusion zone, overprovision or presumption.
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3.5 At the 22 July 2026 evidence deadline, the Licensing register contained 27 premises licences: 15 betting premises, five adult gaming centres, five bingo premises and two licensed family entertainment centres. 3.6 The two documents use the same evidence deadline, premises totals, six localities and decision principles. The Statement supplies the legal and policy framework; the Local Area Profile supplies local context for the site-specific assessment. 3.7 North Ayrshire Child Protection Committee partner section focuses on children and young people exposed to gambling-related harm, recognises that exposure may coexist with wider exploitation or safeguarding concerns, and requires an evidenced connection to the premises and a licensing objective. 4. Casino resolution and section 157(h) 4.1 Section 166 permits the Board to resolve that it will not issue casino premises licences. The resolution must state its effective date. It applies to new casino premises licences generally and lasts for three years unless revoked earlier. The no-casino resolution published for the 2019–2022 statement period has therefore lapsed. 4.2 Upon reviewing the Scottish policy statements, it is noted that a Board’s section 166 position should feature within the casinos part of its Statement rather than in a separate policy document. Section 3.4 follows that structure and contains the proposed final- form resolution. The effective and expiry dates remain blank because only the Board can fix them when it makes the separate resolution. These dates will become clearer following the consultation period and will be confirmed when the matter is next brought to the Board. 4.3 Approval of the Statement for consultation will not itself pass the resolution. After considering responses, the Board must determine section 166 separately. If it passes the resolution, the minute and adopted Statement must state the exact effective date and the date on which the three-year period ends. 4.4 Section 157 identifies the responsible authorities that receive prescribed notices and may make representations or apply for a premises-licence review. In Scotland the list includes the relevant local authority under section 6 of the Police and Fire Reform (Scotland) Act 2012 and the body designated in writing under section 157(h) to advise on protecting children from harm. The Statement identifies the statutory bodies, explains their role and gives current service details in Appendix B. 4.5 The Board’s existing published position identifies North Ayrshire Health and Social Care Partnership for the section 157(h) function. The consultation draft proposes North Ayrshire Child Protection Committee instead. The Committee Chair, Derek Frew, has supported that proposal in principle; however, formal Committee consideration in September 2026 and endorsement through the Public Protection Chief Officers Group in October 2026 remain outstanding, along with the written designation and confirmed contact arrangements. 4.6 North Ayrshire Child Protection Committee is the local multi-agency partnership that coordinates how public bodies and partner organisations work together to protect children. If designated, it would receive prescribed notices, provide safeguarding evidence or advice, make relevant representations and apply for a review where the Act permits. The Board would continue to decide every case.
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5. Consultation and decision route 5.1 An eight-week consultation is proposed, beginning when the material is published. The Statement, Local Area Profile and this report will be available on the Council’s website. Paper, large-print and other accessible formats can be made available on request. Responses will be accepted by email and by post. 5.2 Direct consultation will include the three groups required by section 349(3): the Chief Constable; persons representing gambling businesses in North Ayrshire; and persons representing people likely to be affected by the Board’s functions. Notices will also go to the Gambling Commission and other responsible authorities, North Ayrshire Child Protection Committee, North Ayrshire Health and Social Care Partnership, NHS Ayrshire & Arran, the Children’s Services Strategic Partnership, the Child Poverty and Cost of Living Board, relevant Council and public-protection services, community councils and locality partnerships, youth and accessibility interests, gambling operators and the trade bodies listed in Appendix C to the Statement. 5.3 Officers will analyse the responses by statutory relevance, supporting evidence, expertise or experience and effect on affected interests. The final report will include a response schedule, explain material changes and identify any matter left unchanged. 5.4 Before the final decision, Licensing will reconcile the register and map again, verify the legal and regulatory references and each organisational mailbox, confirm the child- protection designation route and contact, complete the required screening and prepare the consultation declaration and publication material. The response schedule will identify who was contacted, the issues raised and the recommended response. The final Statement will be published at least four weeks before its effective date. 5.5 The final report shall ask the Board to take the decisions in order: consider the consultation responses; approve any amendments; adopt the replacement Statement; decide the section 166 resolution separately and insert its exact dates; complete and record any written section 157(h) designation; approve the statutory consultation declaration; and authorise advertisement and publication before commencement. 6. Implications/Socio-economic Duty Financial 6.1 Consultation will use the Board’s existing publication and engagement routes. Any material cost identified during consultation will be reported with the final recommendations. This report proposes no fee change. Human Resources 6.2 No impact. Legal 6.3 The draft decision route keeps consultation, final adoption, the section 166 resolution and the section 157(h) designation legally distinct. The final Statement must comply with section 349 and the Scottish policy-statement regulations before it takes effect. Licensing will administer the consultation, analysis and final publication. Work on the next statutory Statement must also begin in time for the period starting on 31 January 2028.
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Equality/Socio-economic 6.4 The socio-economic evidence includes the Council-supplied 2024/25 low-income- families figure of 4,753 children, or 19.6% of the supplied population aged 0 to 17, and material variation between intermediate zones. The drafts use that information to identify questions for a particular premises and require a current evidential connection before it affects a decision. It does not establish gambling harm or justify stereotyping by place or benefit status. Children and young people/UNCRC 6.5 Protecting children and other vulnerable persons is a statutory licensing objective. The draft documents are child safeguarding focused and recognise that exposure to gambling-related harm may coexist with exploitation, coercion, family conflict, financial harm, distress or school absence. These matters remain evidence prompts within the Board’s statutory remit. The revised section 157(h) policy makes the proposed child- protection body, governance status and statutory functions clear. Island communities 6.6 The Local Area Profile contains a specific Arran profile and recognises island, rural, seasonal, transport and service-access circumstances. Island interests will be invited to respond and the final report will record any responses. Climate change, community wealth building and consumer interests 6.7 No impact. 7. Conclusion 7.1 The revised Statement and Local Area Profile form one coherent framework for the remainder of the current statutory period. The Board is invited to approve consultation without prejudging final adoption or the separate casino and child-protection designation decisions. David Grier Depute Clerk to North Ayrshire Licensing Board For further information, contact Licensing at licensing@north-ayrshire.gov.uk. Appendices Appendix 1 — Draft Statement of Principles 2025–2028 Appendix 2 — Draft Gambling Local Area Profile 2026 Appendix 3 — Statement of Principles 2019–2022
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APPENDIX 1 NORTH AYRSHIRE LICENSING BOARD Statement of Principles STATUTORY PERIOD 31 January 2025 – 30 January 2028 Status Proposed for Consultation at Licensing Board on 7th September 2026 Prepared for North Ayrshire Licensing Board Evidence deadline 22 July 2026 Document Date 27 August 2026 Version 1.4 Accessible electronic version • north-ayrshire.gov.uk • licensing@north-ayrshire.gov.uk
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 2 of 22 Contents Part 1 Status, geography, functions and the current premises landscape Part 2 Statutory decision framework, evidence, local risk and conditions Part 3 Premises licences, premises types, provisional statements and reviews Part 4 Temporary and occasional use notices Part 5 Permits, notifications, gaming machines, fairs and lotteries Part 6 Responsible authorities, interested parties, enforcement and appeals Part 7 Implementation, review, contact and accessible formats Appendix A Legislation, regulations and guidance: source map Appendix B Responsible authorities and service details Appendix C Consultation directory
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 3 of 22 Part 1 — Status, area and functions 1.1 Purpose and statutory status Section 349 of the Gambling Act 2005 requires the Board to publish the principles it will use when carrying out its Gambling Act functions. This Statement sets out those principles for North Ayrshire. The current statutory period runs from 31 January 2025 to 30 January 2028. This document is a full replacement for the remainder of that period. Its adoption changes the policy used for the remaining period; it does not create a new three-year cycle. The Board will apply the legislation in force on the date of each decision, together with the current Licence Conditions and Codes of Practice and Gambling Commission Guidance. Appendix A directs readers to the principal official sources. 1.2 North Ayrshire and the licensing authority North Ayrshire includes urban, coastal, rural and island communities. For evidence and service- planning purposes the LAP uses six localities: Arran; Garnock Valley; Irvine; Kilwinning; North Coast and Cumbraes; and Three Towns. The Board’s area is shown below. Figure 1. Gambling premises licence overview, reconciled July 2026. Symbols are indicative; the statutory licensing register is authoritative. Source: North Ayrshire Council Licensing/GIS. North Ayrshire Licensing Board is continued under section 5 of the Licensing (Scotland) Act 2005 and is the licensing authority for the purposes of the Gambling Act 2005. North Ayrshire Council supplies administrative and legal support, but the Board exercises the Act functions. 1.3 Commencement and version control This Statement has effect from the date shown on its cover and remains in force until 30 January 2028 unless the Board revises it earlier under section 349. The Board will publish the current version and make it available in accessible formats. Each version will identify its effective date and the date of any later revision. A change to a principle will be made as a formal revision. Licensing may record a contact, link, source or typographical correction administratively where it does not change the policy.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 4 of 22 1.4 Activities within and outside the Board’s remit Board licensing functions under the Act Functions led by another authority premises licences, variations, transfers, reviews and provisional statements operating licences and personal licences — Gambling Commission temporary use notices and occasional use notices remote gambling — Gambling Commission club gaming and club machine permits under Scottish regulations National Lottery and large-society lottery operating licences — Gambling Commission unlicensed family entertainment centre and prize- gaming permits planning permission, building warrants and fire safety — the relevant statutory authority alcohol-licensed premises gaming-machine notifications and permits classification of products as gambling — national legislation and regulators small-society lottery registrations and statutory returns criminal investigation and prosecution — Police Scotland and the Crown Office and Procurator Fiscal Service 1.5 Current premises-licence landscape The Licensing register and GIS map were reconciled at the 22 July 2026 evidence cut-off. The betting premises licence at 30 Eglinton Street, Beith, had been surrendered and was removed before the figures were finalised. The 27 current premises licences provide context for individual decisions; the statutory criteria determine each application. Premises type 2019 Statement July 2026 Change Betting 28 15 −13 Adult gaming centre 5 5 0 Bingo 5 5 0 Licensed family entertainment centre 4 2 −2 Total premises licences 42 27 −15 Locality Current premises licences Policy meaning Three Towns 11 use as context in the site-specific assessment Irvine 9 use as context in the site-specific assessment North Coast and Cumbraes 4 include older, visitor and access context Kilwinning 2 consider actual routes and adjacent uses Garnock Valley 1 reconciled after the Beith surrender Arran 0 use current site, island and access evidence
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 5 of 22 1.6 Definitions Term Meaning in this Statement Act Gambling Act 2005, as amended and in force. Board North Ayrshire Licensing Board, acting as the licensing authority for North Ayrshire. Commission Gambling Commission. Family Entertainment Centre (FEC) Premises providing gaming machines for family use. A licensed FEC may also provide specified adult gaming machines in an adult-only area; an unlicensed FEC permit covers category-D machines. Guidance The current Guidance to Licensing Authorities issued by the Commission. interested party A person who qualifies under section 158 because of proximity, business interests or authorised representation. LAP The North Ayrshire Gambling Local Area Profile, published separately as the local evidence companion to this Statement. LCCP The current Licence Conditions and Codes of Practice issued by the Commission. local risk assessment The premises-specific assessment required from applicable non-remote licensees by LCCP social responsibility code provision 10.1.1. operator or licensee The holder of the relevant Commission operating licence; in context, this includes an applicant expected to comply with the applicable operating- licence requirements. premises licence A licence issued by the Board authorising specified gambling facilities at particular premises. responsible authority A body specified by section 157. Responsible authorities receive prescribed notices and may make representations or apply for a review where the Act permits. residual risk The risk remaining after the operator’s controls are taken into account. vulnerable persons People whose circumstances may make them more susceptible to gambling harm or exploitation. The decision depends on the evidence and the gambling activity concerned.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 6 of 22 Part 2 — Statutory decision framework 2.1 The three licensing objectives The Board will use the three licensing objectives in section 1 as the focus of its Gambling Act decisions: • preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime; • ensuring that gambling is conducted in a fair and open way; and • protecting children and other vulnerable persons from being harmed or exploited by gambling. Evidence must connect the issue to gambling at the premises or to another function given to the Board by the Act. Matters led by another regulator will be routed to that regulator while any distinct premises issue remains for the Board. 2.2 Section 153: the aim-to-permit duty For premises functions under Part 8, section 153 requires the Board to aim to permit gambling so far as the proposal accords with relevant Commission codes and Guidance, is reasonably consistent with the licensing objectives and accords with this Statement. The Board will work through the following questions: 1. What gambling use, premises and operating arrangements are proposed? 2. Which Commission codes apply, and how does the proposal comply with them? 3. Which parts of the current Guidance apply, and how does the proposal address them? 4. What does the evidence show about each licensing objective? 5. How does the proposal accord with this Statement and the LAP evidence relevant to the site? 6. If a material residual risk remains, what lawful and proportionate response addresses it? The Board will decide the real and material risks shown by the evidence, take account of the operator’s controls and use the least intrusive effective regulatory response available under the Act. 2.3 Evidence, fairness and individual merits Each application, representation and review will be decided on its own facts. The Board will identify the source, date, geographic level and limitations of the material before it, distinguishing: • verified facts and statutory records; • professional or expert opinion and the reasoning that supports it; • first-hand experience or observation; • reasonable inference from established facts; • allegation, general concern or a view about gambling; and • area data that provides context but requires a current connection to the premises. A representation should identify its connection to the premises, the licensing objectives, relevant codes or Guidance, or this Statement. The Board will give parties adequate notice of decisive material, a reasonable opportunity to respond and an impartial hearing. Its reasons will show the principal evidence accepted, the findings made and the statutory test applied.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 7 of 22 2.4 How related matters fit the statutory test Matter How the Board will deal with it Demand Apply section 153 using the licensing objectives, Commission codes, Guidance and this Statement. Leave anticipated customer demand out of the assessment. Views about gambling Assess a representation by its connection to the statutory criteria. A valid section 166 resolution governs the separate question of casino licensing. Planning and building control Leave the merits of planning, building standards and fire safety to their own statutory regimes. Use a shared fact where it also bears directly on a Gambling Act issue. Competition and commercial impact Assess the proposal against the statutory criteria. Commercial effects on existing operators fall outside the licensing objectives. Health evidence Use health evidence where it informs crime and disorder or protection of children or vulnerable persons and has a clear connection to the premises. Deprivation and premises totals Treat area statistics as context. Connect them to current, site-specific evidence before drawing a licensing conclusion. Remote and adjacent products Use the Board’s powers for premises and local permissions. Route remote gambling and national product issues to the Commission or other competent regulator. 2.5 Children and other vulnerable persons For this Statement, vulnerability means circumstances that may make a person or group more susceptible to harm or exploitation from the gambling offered. The evidence determines whether premises controls should respond. Relevant circumstances may include age; learning disability or cognitive impairment; mental ill-health; harmful gambling; financial crisis or debt; alcohol or drug dependency; bereavement, isolation or homelessness; coercion, domestic abuse or exploitation; and impaired ability to make informed decisions. Their weight depends on the facts of the individual case. For children and young people, the focus is on those exposed to gambling-related harm. Exposure may form part of wider exploitation or coexist with financial exploitation, coercion, family conflict, debt, addiction, distress or absence from school. The Board will act only where the evidence connects the concern to gambling at the premises or another function given to it by the Act. The Board will apply children’s rights and welfare, adult-support and protection principles, equality duties, human rights and data-protection requirements within the Gambling Act framework and its three licensing objectives. 2.6 Local Area Profile and local risk assessments The separate LAP describes local circumstances and the questions they may raise for a particular site. It supports a premises-specific assessment; it is an evidence profile, not a risk rating or policy of overprovision. LCCP social responsibility code provision 10.1.1 requires applicable non-remote licensees to assess local risks to the licensing objectives and maintain proportionate policies, procedures and controls. Operators must prepare or review that assessment when applying for a new premises licence or variation and when significant local or premises circumstances change.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 8 of 22 LCCP ordinary code provision 10.1.2 says that licensees should share the assessment with the Board on a new premises application or variation and otherwise on request. The Board will identify any further information needed for the statutory decision and give a fair opportunity to supply it. 2.7 Conditions Premises licences carry the mandatory conditions and applicable default conditions set by the Gambling Act 2005 (Mandatory and Default Conditions) (Scotland) Regulations 2007. An individual condition will be used where the evidence shows that an additional premises control is needed. An individual condition should be: • necessary to address a material risk or secure the statutory test; • relevant to making the proposed building suitable as a gambling facility; • directly related to the premises, locality and type of licence; • fairly and reasonably related to the scale and type of premises; • clear, objective, enforceable and reasonable; and • the least intrusive effective measure among the realistic options. Every condition must stay within section 169 and the Board’s powers. It will complement the national operating-licence controls and address the specific premises issue identified in the reasons. Depending on the evidence, controls may address sightlines or positioning, staff supervision, age verification, windows or advertising, customer interaction, incident escalation, exterior management, review triggers or record keeping. A request to exclude or vary a default condition should explain the operational need and the effect on each objective. The Board’s decision will record the relevant evidence and reasons. 2.8 Reasons and the decision record A decision notice or statement of reasons should leave the informed reader in no real and substantial doubt about the statutory test applied, the material evidence accepted or rejected, the findings made and why the outcome follows. It need not address every sentence of every submission, but it must deal intelligibly with the principal controversial issues. Where the Board departs from this Statement, previous practice or an apparently comparable decision, it will identify the material distinction or other good reason. Where it chooses a condition over refusal— or concludes that no additional condition is needed—it will record why.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 9 of 22 Part 3 — Premises licences 3.1 Applications, eligibility and plans Applicants must meet the eligibility and operating-licence requirements in the Act and use the prescribed Scottish application, notice and plan procedure. The Board will check validity, consult and notify the prescribed persons, consider relevant representations and decide the application under the correct statutory test. The approved plan forms part of the premises control. It should be accurate, legible, drawn to the prescribed scale and show the matters required by the Gambling Act 2005 (Premises Licences and Provisional Statements) (Scotland) Regulations 2007. Early discussion is available for a complex proposal; the statutory application and evidence determine the outcome. 3.2 Meaning of premises; separation and access Section 152 allows one premises licence for the same premises. Genuinely separate parts of a building may form different premises where their boundaries, access, management and operation establish real separation. The Board will test the substance of any subdivision, the clarity of entrances and exits, customer movement, accountability and the protection of children from adult-only areas. The approved plan and operating arrangements should make each licensed premises readily identifiable. 3.3 Location and objective-linked controls Location is relevant where the facts connect it to a licensing objective. The Board will examine actual routes, entrances, visibility, hours, adjacent uses, transport, footfall and the operator’s controls. A nearby school, youth facility, treatment service, supported housing, money-advice service, homelessness service or other sensitive use identifies a question for evidence and site assessment; the statutory test and the full facts determine the answer. Objective Potential evidence Possible proportionate response Crime/disorder premises or locality incidents; cash/security model; credible police evidence layout, exterior visibility, incident plan, staffing or security only to the extent evidenced Fair/open misleading information; unresolved rules/payment issue; premises delivery concern clear information or premises control; operating- licence suitability issues referred to the Commission Children/vulnerable persons routes, visibility, access, age-testing, customer-interaction failures, supported- service context age verification, supervision, advertising placement/timing, interaction and escalation controls 3.4 Casinos and section 166 Section 166 allows the Board to resolve that it will not issue casino premises licences. The resolution applies generally to new casino premises licences throughout North Ayrshire. It must state its effective date and lasts for three years unless revoked earlier. The no-casino resolution published in the Board’s 2019–2022 Statement has expired. No section 166 resolution is currently in force. Section 166 resolution North Ayrshire Licensing Board resolves, under section 166(1) of the Gambling Act 2005, not to issue casino premises licences. This resolution applies generally to the issue of casino premises licences throughout North Ayrshire.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 10 of 22 Effective date: [insert the date fixed by the Board] Expiry date: [insert the date three years after the effective date] The resolution expires at the end of the three-year period unless the Board revokes it earlier by a further resolution. A section 166 resolution affects new casino premises licences. It does not affect a casino premises licence issued before the resolution takes effect, a casino provisional statement already in force or the preserved rights protected by the Act. Other gambling premises and permissions remain subject to their own statutory regimes. 3.5 Bingo premises Children and young persons may enter some bingo premises, while adult gambling and adult-only machine areas remain restricted by law. The Board will examine entrances, segregation, sightlines, supervision, age verification, the visibility and location of adult machines and arrangements for mixed- age or family attendance. Premises-specific evidence will determine whether any additional control is required. 3.6 Betting premises and tracks For betting premises, relevant matters may include sightlines, access, age verification, self-service betting terminals, customer interaction, exterior congregation, cash and security arrangements and the relationship between staff positions and the customer area. Premises-specific evidence will determine whether measures such as CCTV, door supervision or staffing controls are needed. Track applications require clear allocation of responsibilities because the premises licence holder may differ from the betting operator and children may attend the wider venue. The applicant should show betting areas, structures, access controls, machine locations, operator responsibilities, event-day management and the separation and supervision of adult-only facilities. Occasional use notices cover only the betting and days authorised by Part 9. 3.7 Adult gaming centres Children and young persons are excluded from adult gaming centres. The Board will consider entrances, visibility from the staff area, age-verification arrangements, machine layout, customer interaction, self-exclusion and any premises-specific vulnerability or crime/disorder evidence. It will distinguish adult-gaming-centre controls from those appropriate to a family entertainment centre. 3.8 Licensed family entertainment centres A licensed FEC may contain category-D machines and a separate adult-only area with specified adult machines. The Board will focus on physical separation, access, signage, sightlines and supervision. The operator should show how children are kept from the adult-only area and how gambling-harm information and customer support fit the family setting. 3.9 Provisional statements A person may seek a provisional statement for premises expected to be constructed or altered, whether or not planning permission has already been granted. The application should provide enough detail to assess the intended gambling use, plan, access, location and controls. The Act governs the later premises-licence stage and the significance of any difference between the completed premises and the proposal considered. 3.10 Variations, transfers and reinstatement Each application has its own statutory test and procedure. A variation should identify the exact operational and plan changes and their effect on the objectives and local risk assessment. A transfer or
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 11 of 22 reinstatement focuses on the matters assigned to that procedure; any separate regulatory concern will be addressed through the power that applies to it. 3.11 Reviews The Board may initiate a premises-licence review. A responsible authority or interested party may apply for a review under section 197. The Board will first apply the statutory admissibility rules, then determine an admitted review fairly on current evidence. The decision will identify the proved or admitted facts, their connection to the objectives or statutory requirements, remedial action and current residual risk. The Act allows outcomes ranging from taking no action to modifying conditions, suspending the licence or revoking it. The reasons will explain why the selected outcome is necessary and proportionate.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 12 of 22 Part 4 — Temporary and occasional use 4.1 Temporary use notices A temporary use notice permits specified gambling use of premises for a limited period under Part 9. The notice must satisfy the Act, prescribed form, timing and operating-licence requirements. The Board will scrutinise the nature and scale of the event, the definition and suitability of the premises, cumulative statutory day limits, access, children and vulnerable persons, crime/disorder, and whether the notice is being used to avoid the premises-licensing regime. The Board and the other persons identified in Part 9 may give an objection notice or counter-notice. The statutory procedure governs any hearing, modification, endorsement and appeal; each temporary use notice is decided under the Part 9 test that applies to it. 4.2 Occasional use notices An occasional use notice concerns betting on a track on a limited number of days. The Board will require the place to be a track within the Act, will monitor the statutory day limit and will guard against repeated notices being used for ordinary betting-office activity or to evade an appropriate premises licence. Notice requirements, copy recipients and Commission guidance will be applied as current at the event date.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 13 of 22 Part 5 — Permits, notifications and lotteries 5.1 General approach Each permit, notification and registration has its own eligibility, consultation, refusal, lapse, renewal and appeal provisions. The Board will apply the test, procedure and powers assigned to that permission. Conditions will be used only where the Act or the applicable Scottish Regulations authorise them. 5.2 Unlicensed family entertainment centre permits Schedule 10 provides for category-D machines in an unlicensed FEC. The Board may grant or refuse a permit after consulting Police Scotland and considering the Guidance, the licensing objectives and the suitability of the applicant and premises. The Schedule supplies the notice and hearing safeguards and the complete permit scheme, which carries no power for individual conditions. Relevant information includes the applicant’s integrity and competence; layout and supervision; control of access to higher-category machines; staff training; signage; safeguarding; maintenance and compliance history. The Board will request risk information proportionate to this permit and the statutory questions before it. 5.3 Alcohol-licensed premises gaming machines Qualifying on-sales premises may notify the Board of the automatic entitlement to two category-C or D gaming machines under section 282. The Act sets the notification and fee requirements and the circumstances in which the Board may remove the entitlement. More than two machines require a permit under the Scottish regime, which replaces the automatic entitlement. The Board will consider the objectives, Guidance, premises type, alcohol-licence context, machine location and supervision, age controls, compliance and the number requested. The Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (SSI 2007/505) supply the Scottish procedure and define the controls available to the Board. 5.4 Club gaming and club machine permits The Club Gaming and Club Machine Permits (Scotland) Regulations 2007 (SSI 2007/504) supply the Scottish permit regime. The Board will verify the club’s statutory status, membership and operation, consult as required and consider objections and compliance. It will use the fast-track procedure for an eligible club-premises-certificate holder and keep the authorised gaming within the statutory entitlements. 5.5 Prize gaming permits The Board may grant or refuse a prize-gaming permit under Schedule 14, applying the Guidance and licensing objectives and considering the applicant and proposed operation. It will follow the statutory notice and hearing safeguards. The statutory prize-gaming conditions form the complete condition scheme for the permit. 5.6 Travelling fairs Category-D machines and equal-chance prize gaming may be provided at a qualifying travelling fair without a permit where the statutory conditions and time limits are met and gambling is no more than an ancillary amusement. The Board will consider the substance of the event, aggregation of days at the same premises and whether the fair definition is met. The fair operator remains responsible for lawful provision and protection of children.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 14 of 22 5.7 Small society lotteries The Board registers qualifying small-society lotteries and receives statutory returns. It will apply the Part 11 and Schedule 11 requirements, including society purpose, proceeds and limits, external lottery manager licensing where relevant, and the statutory grounds for refusal or revocation. Societies exceeding the small-lottery limits require the appropriate Commission operating licence. The Board will keep and publish the register as required and will share concerns with the Commission.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 15 of 22 Part 6 — Statutory parties, compliance and challenge 6.1 Responsible authorities — section 157 Responsible authorities are the bodies specified by section 157 as it applies in Scotland. They receive prescribed notices and may make representations or apply for a premises-licence review where the Act permits. The Board remains the decision-maker. Current service details are in Appendix B. The responsible authorities are: • the Gambling Commission; • the Chief Constable of the Police Service of Scotland; • the Scottish Fire and Rescue Service; • the local planning authority; • North Ayrshire Council as the relevant authority under section 6 of the Police and Fire Reform (Scotland) Act 2012; • the authority responsible for pollution to the environment or harm to human health; • the body designated in writing under section 157(h) to advise on protecting children from harm; • HM Revenue and Customs; and • any other person prescribed by regulations. For a premises licence concerning a vessel, section 211 adds the navigation and environmental authorities specified there. Section 157(h): the child-protection responsible authority The Board’s body designated in writing under section 157(h) is North Ayrshire Child Protection Committee. Its statutory contact is given in Appendix B. North Ayrshire Child Protection Committee is the local multi-agency partnership that coordinates how public bodies and partner organisations work together to protect children and keep them safe. It brings safeguarding expertise and an area-wide view; it does not decide gambling applications. The designation reflects: • remit across the whole North Ayrshire licensing area; • knowledge of child protection, exploitation and local safeguarding arrangements; • ability to coordinate relevant partner evidence and advice; and • a stable contact route for statutory notices and casework. The Committee receives the notices prescribed by the Act, may make relevant representations, may apply for a review and may provide safeguarding evidence or advice. The Board determines each application or review on the evidence and statutory test. 6.2 Interested parties — section 158 A person is an interested party if, in the Board’s opinion, the person lives sufficiently close to be likely to be affected by the authorised activities, has business interests that might be affected, or represents someone in either category. This is a fact-sensitive jurisdictional decision, separate from whether the representation ultimately justifies action. The Board will assess standing by the nature and scale of the premises and gambling, distance and actual routes, opening pattern, likely effect, the location of the person’s home or business and any representative authority. Elected representatives and community councils may represent constituents or communities within their remit, subject to evidence of representation and the rules on member conflicts and participation.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 16 of 22 6.3 Information exchange The Board will exchange information with the Commission under sections 29 and 30 and with persons listed in Schedule 6 under section 350 where lawful and necessary. It will apply the Act, UK GDPR, Data Protection Act 2018, confidentiality, human-rights, freedom-of-information and law-enforcement- data requirements as relevant. Information will be accurate, adequate, relevant, no more than necessary, shared securely and retained in accordance with the applicable schedule. Published material will protect sensitive personal information and small-number data through lawful redaction and aggregation. Decisions will balance open justice and statutory transparency with privacy, confidentiality and the protection of individuals. 6.4 Inspection, compliance and enforcement The Board will use the inspection and entry powers available in Scotland under Part 15, the Act and current Guidance. Activity will be intelligence-led and risk-based, with priority informed by the seriousness and likelihood of harm, compliance history, complaints, changes at the premises and partner intelligence. Routine engagement and advice may resolve minor or technical issues; serious, repeated, deliberate or unremedied non-compliance may justify review or referral. Intervention will be transparent, consistent, accountable, targeted and proportionate. The Board will coordinate with the Commission, Police Scotland and other regulators, respect the limits of each remit and avoid duplicate demands. Test purchasing or age-verification work will be planned and conducted lawfully and safely. 6.5 Prosecution in Scotland Section 346(3) removes the section 346 prosecution power from licensing authorities in Scotland. Evidence of a suspected offence may be preserved and referred to Police Scotland, the Procurator Fiscal, the Gambling Commission or another competent authority. The Board may separately use the regulatory powers available to it, including a premises-licence review. Regulatory action will use the applicable civil standard of proof and a fair procedure. 6.6 Delegation Functions will be exercised under the Act and the Board’s current Scheme of Delegation. Sections 154 and 155 reserve specified functions to the Board, including policy and casino-resolution decisions, and limit officer involvement in reviews. The published Scheme identifies the allocation in force at the time of the decision. 6.7 Complaints A complaint about premises should first be raised with the operator where that is safe and practical. Licensing may investigate matters within the Board’s remit and refer operating-licence, advertising, remote-gambling, criminal or other regulatory concerns to the competent body. A complaint provides information for assessment; the Board will test the evidence and ordinarily give the subject a fair opportunity to respond before determinative action, subject to lawful urgent measures and protection of confidential sources. 6.8 Appeals and judicial review The Act provides statutory appeal rights for specified decisions. A premises-licence appeal under sections 206 and 207 is generally to the sheriff within whose sheriffdom the premises are wholly or partly situated and generally must be lodged within 21 days of receipt of notice. Other permits and notices have their own routes and time limits. The decision notice will identify the applicable route where required; parties should obtain independent advice immediately.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 17 of 22 Judicial review in the Court of Session is supervisory and is not ordinarily a substitute for an adequate statutory appeal. The Board will reduce challenge risk by acting within power, following fair procedure, taking relevant matters into account, excluding irrelevant matters, applying policy without fettering discretion, reaching a rational and proportionate decision, and giving adequate reasons.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 18 of 22 Part 7 — Implementation and public information 7.1 Keeping the Statement and LAP current The Board will prepare the next Statement for the statutory period beginning on 31 January 2028 and may revise this Statement earlier where legislation, Commission codes or Guidance, local evidence or operational experience materially changes the policy required. A substantive revision will follow the statutory process. Licensing will check the LAP’s register, map and principal sources periodically and when material local circumstances change. A factual update will carry a new version date. A change to the way the Board identifies or uses risk will be handled as a policy revision. 7.2 Contact and accessible formats Licensing, Legal Services, North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Telephone: 01294 310000 • Email: licensing@north-ayrshire.gov.uk The Board will make the Statement, LAP, statutory notice, current responsible-authority contacts and application information available online. Alternative formats and reasonable communication support can be requested from Licensing. North Ayrshire Licensing bodies and contact information
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 19 of 22 Appendix A — Legislation, regulations and guidance Use this map to move from the policy topic to the official source. Check the current version and any amendments in force on the date of the decision. Official source Go here for Gambling Act 2005 The objectives (s1), premises test (s153), responsible authorities and interested parties (ss157–158), casino resolutions (s166), conditions (s169), reviews (s197) and policy statements (s349). First Appointed Day Order 2006 (SI 2006/637) Use for the statutory three-year statement cycle and its starting date. Licensing Authority Policy Statement (Scotland) Regulations 2006 (SSI 2006/154) Use for the form and content of the Statement, the consultation declaration, advertisement and publication before commencement. Premises Licences and Provisional Statements (Scotland) Regulations 2007 (SSI 2007/196) Use for Scottish application, notice, plan and procedural requirements for premises licences and provisional statements. Mandatory and Default Conditions (Scotland) Regulations 2007 (SSI 2007/266) Use for the national mandatory and default conditions attached to Scottish premises licences. Club Gaming and Club Machine Permits (Scotland) Regulations 2007 (SSI 2007/504) Use for the Scottish club permit procedure and requirements. Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 (SSI 2007/505) Use for gaming-machine permits for qualifying alcohol- licensed premises in Scotland. Gambling Commission Guidance to Licensing Authorities Use the current topic-based guidance for policy statements, responsible authorities, casinos, premises, conditions, permits, reviews and compliance. Gambling Commission Licence Conditions and Codes of Practice Use the current LCCP for binding licence conditions, social responsibility codes, ordinary codes and local risk provisions 10.1.1 and 10.1.2.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 20 of 22 Appendix B — Responsible authorities and service details Use the service details below for notices required by the Act. A notice must use the prescribed form and be served within the statutory time limit. Contact Licensing before serving a notice for a vessel or where the correct authority is uncertain. Responsible authority Current service details Section 157(b) — Gambling Commission Victoria Square House, Victoria Square, Birmingham B2 4BP Gambling Commission contact page gclocalauthority@gamblingcommission.gov.uk (Licensing notifications) Section 157(c)(ii) — Chief Constable, Police Scotland Ayrshire Division, St Marnock Street, Kilmarnock KA1 1TJ AyrshireLicensing@scotland.police.uk Telephone 101 Section 157(d) — Scottish Fire and Rescue Service Prevention & Protection, Ayr Community Fire Station, 3 Station Road, Ayr KA8 0ES Scottish Fire and Rescue Service general enquiry Telephone 03030 015300 Section 157(e)(ii) — Planning authority Planning Services, North Ayrshire Council, Cunninghame House, Irvine KA12 8EE eplanning@north-ayrshire.gov.uk Telephone 01294 324319 Section 157(f) — North Ayrshire Council North Ayrshire Council, Cunninghame House, Irvine KA12 8EE licensing@north-ayrshire.gov.uk Telephone 01294 310000 Section 157(g) — Environmental Health Housing & Public Protection, North Ayrshire Council, Cunninghame House, Irvine KA12 8EE environmentalhealth@north-ayrshire.gov.uk Telephone 01294 324339 Section 157(h) — North Ayrshire Child Protection Committee c/o North Ayrshire Health and Social Care Partnership, 5th Floor West, Cunninghame House, Irvine KA12 8EE cpc@north-ayrshire.gov.uk North Ayrshire Child Protection Committee website Section 157(i) — HM Revenue and Customs Excise Processing Team, BX9 1GL, United Kingdom NRUBettingGaming@hmrc.gov.uk Telephone 0300 200 3700 Vessel applications — additional section 211 authorities The applicable navigation authority, environmental authority and Maritime and Coastguard Agency depend on the waters and vessel concerned. licensing@north-ayrshire.gov.uk
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 21 of 22 Appendix C — Consultation directory This directory uses organisational contacts rather than named individuals. It is not a closed list. Licensing may correct a contact route without changing the policy. Organisation or group Current contact route Current gambling operators and premises-licence holders Contact details held in the Licensing register licensing@north-ayrshire.gov.uk Betting and Gaming Council Seebeck House, 1 Seebeck Place, Knowlhill, Milton Keynes MK5 8FR info@bettingandgamingcouncil.com Telephone 020 7434 2111 The Bingo Association Lexham House, 75 High Street North, Dunstable, Bedfordshire LU6 1JF info@bingo-association.co.uk Telephone 01582 860921 bacta 29–30 Ely Place, London EC1N 6TD info@bacta.org.uk Telephone 020 7730 6444 Scottish Licensed Trade Association CBC House, 24 Canning Street, Edinburgh EH3 8EG info@theslta.co.uk Telephone 0131 272 2773 NHS Ayrshire & Arran Eglinton House, Ailsa Hospital, Dalmellington Road, Ayr KA6 6AB NHS Ayrshire & Arran contact page Switchboard 01563 521133 North Ayrshire Health and Social Care Partnership 5th Floor West, Cunninghame House, Irvine KA12 8EE North Ayrshire HSCP contact page Telephone 01294 317700 North Ayrshire Child Protection Committee cpc@north-ayrshire.gov.uk Child Protection Committee website North Ayrshire Community Planning Partnership, locality partnerships, community councils and Child Poverty and Cost of Living Board Cunninghame House, Friars Croft, Irvine KA12 8EE info@northayrshire.community Telephone 01294 324114 North Ayrshire Youth Council and youth participation groups youthwork@north-ayrshire.gov.uk North Ayrshire Access Panel c/o Michael Lynch Centre, 71 Princes Street, Ardrossan KA22 8DG secretary@naap.org.uk Telephone 07946 146011
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Statement of Principles 2025–2028 Page 22 of 22 Organisation or group Current contact route Money Smart — financial inclusion and debt advice North Ayrshire Health and Social Care Partnership, Cunninghame House, Irvine KA12 8EE moneysmart@north-ayrshire.gov.uk Telephone 01294 310000 (option 1) Public Health Scotland Public Health Scotland contact page North Ayrshire Council Engagement Hub communityplanning@north-ayrshire.gov.uk North Ayrshire Engagement Hub
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APPENDIX 2 NORTH AYRSHIRE LICENSING BOARD Gambling Local Area Profile STATUTORY PERIOD 31 January 2025 - 30 January 2028 Status Proposed for Consultation at Licensing Board on 7th September 2026 Prepared for North Ayrshire Licensing Board Evidence deadline 22 July 2026 Document date 27 August 2026 Version 1.4 Accessible electronic version | north-ayrshire.gov.uk | licensing@north-ayrshire.gov.uk
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 2 of 14 Contents Part 1 What the profile is, how it should be used and its legal limits Part 2 Definitions, abbreviations and a guide to reading the figures Part 3 North Ayrshire data, premises distribution and locality summaries Part 4 The local factors that may be relevant to a particular premises Part 5 What operators must do when preparing and reviewing a local risk assessment Part 6 How the Board will use the profile and keep it current
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 3 of 14 Part 1 - Purpose and legal status 1.1 What this profile is for The Gambling Commission recommends that licensing authorities prepare a Local Area Profile (LAP). Its purpose is to describe actual and emerging local factors that may be relevant to the three gambling licensing objectives. It should help operators prepare better premises applications and help the Board make fair, evidence-based decisions. This is the initial North Ayrshire LAP supporting the Board's replacement Statement of Principles for the current statutory period ending on 30 January 2028. The LAP is not itself required by statute and does not replace the Gambling Act 2005, the Commission's codes or guidance, or the Board's Statement of Principles. 1.2 How it should be used The LAP is a starting point and should be used as follows: 1. An operator should use it with current observations of the site, the proposed operation, the premises plan, staff and incident information, and any relevant engagement. 2. Only factors that have a rational connection to the particular premises and a licensing objective should be carried into the operator's local risk assessment. 3. The Board will consider the operator's explanation and controls and will decide every application or review on its own facts. 1.3 Legal limits For premises decisions, section 153 of the Gambling Act 2005 requires the Board to aim to permit gambling so far as it considers the application to be in accordance with the Commission's codes and guidance, reasonably consistent with the licensing objectives, and in accordance with the Board's Statement of Principles. The LAP cannot create a public-health licensing objective, a demand test, a quota, a cumulative-impact policy, a fixed exclusion zone or a presumption against premises in a particular area. Deprivation, health data or the number of existing premises cannot by themselves justify refusal or a condition. The LAP is not a statutory gambling impact assessment and does not import an England-and-Wales regime into Scotland. The profile is most likely to assist with the objective of protecting children and other vulnerable persons from being harmed or exploited by gambling. Evidence may also be relevant to crime and disorder or to fair and open gambling, but only where the link is explained. Gambling Commission guidance on local area profiles
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 4 of 14 Part 2 - Definitions and how to read the data 2.1 Abbreviations The document uses only the abbreviations listed below. Where a term appears only once, it is written out in full. Abbreviation Meaning GIS Geographic Information System - digital mapping used to show locations and surrounding features. HSCP Health and Social Care Partnership - the partnership responsible for integrated health and social- care services locally. LAP Local Area Profile. LCCP Licence Conditions and Codes of Practice published by the Gambling Commission. LIST Local Intelligence Support Team within Public Health Scotland. PGSI Problem Gambling Severity Index - a survey screening scale based on gambling behaviour and reported consequences; it is not a clinical diagnosis. PHS Public Health Scotland. SIMD Scottish Index of Multiple Deprivation - Scotland's small-area measure of relative deprivation. 2.2 Key terms Licensing objectives. Preventing gambling from being a source of crime or disorder, associated with crime or disorder, or used to support crime; ensuring gambling is conducted fairly and openly; and protecting children and other vulnerable persons from harm or exploitation by gambling. Local risk assessment. The premises-specific assessment required by LCCP social responsibility code 10.1.1. It identifies local risks to the licensing objectives and the policies, procedures and controls used to mitigate them. Operator or licensee. The holder of the relevant Gambling Commission operating licence. In Part 5 it includes an applicant who must prepare an assessment for proposed premises. Premises licence. A licence issued by the Board authorising specified gambling facilities at particular premises. The figures in this LAP do not include remote gambling or every other permit, notice or gambling permission. Residual risk. The risk that remains after the operator's controls are taken into account. Vulnerable persons. The Gambling Act 2005 does not provide a fixed definition. The Commission's guidance includes people who gamble more than they want to, gamble beyond their means, or may be unable to make an informed or balanced decision because of circumstances such as mental ill-health, a learning disability, or alcohol or drug use. Vulnerability must be considered in context and must not be assumed from a postcode, age, benefit status, disability or appearance.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 5 of 14 2.3 How to read the figures The statistics provide context. They are not a ranking of localities and they do not measure gambling harm. 1. Percentages show the share of the relevant population. A difference between two percentages is described in percentage points, not as a percentage increase. 2. A rate per 100,000 allows areas of different population size to be compared. It is not the actual number of people and, for hospital data, it represents recorded admissions rather than a finding about gambling. 3. SIMD quintile 1 is the most deprived 20% of Scottish data zones; quintile 5 is the least deprived 20%. For example, 40.4% in SIMD quintile 1 means that about two in five North Ayrshire residents live in data zones within Scotland's most deprived fifth. It does not mean that every person in those areas is deprived. 4. The mental-health prescribing figure is a broad population indicator. It does not identify a diagnosis, an individual customer or gambling-related harm. 5. Locality figures are averages and can conceal substantial differences between neighbourhoods and streets. 6. Premises figures are a dated snapshot of current Gambling Act premises licences. They do not measure customer numbers, expenditure, demand, online gambling or harm. 7. An association between two indicators does not establish that one caused the other. A premises decision requires current, site-specific evidence and a link to a licensing objective.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 6 of 14 Part 3 - North Ayrshire and its localities 3.1 North Ayrshire at a glance The table gives an area-wide baseline. The population and health indicators come from the PHS/LIST North Ayrshire HSCP management profile dated 11 May 2026. They should be read using the explanations in Part 2. Indicator North Ayrshire Population 134,010 Aged 65 or over 24.6% Living in SIMD quintile 1 40.4% Living in SIMD quintile 5 9.5% Prescribed medication for anxiety, depression or psychosis 23.8% Alcohol-related hospital admissions 554.4 per 100,000 Drug-related hospital admissions 221.1 per 100,000 Source: PHS/LIST North Ayrshire HSCP management profile, 11 May 2026. North Ayrshire has a material deprivation and health context: about two in five residents live in SIMD quintile 1 areas and the profile reports material mental-health prescribing and hospital-admission indicators. Almost one in four residents is aged 65 or over. Those facts may prompt questions about financial vulnerability, accessibility, isolation, customer interaction and routes to support. They do not show that gambling caused the figures or that a particular customer or premises presents a risk. 3.2 Population and deprivation by locality This table shows how the six localities differ in population, age profile and relative area deprivation. SIMD figures describe where people live; they do not classify individuals. Locality Population Aged 65+ SIMD 1 SIMD 5 Arran 4,630 34.8% 0.0% 0.0% Garnock Valley 19,557 22.6% 40.1% 7.0% Irvine 39,094 21.6% 44.7% 3.2% Kilwinning 15,688 21.5% 54.5% 7.7% North Coast and Cumbraes 23,484 34.1% 8.6% 29.3% Three Towns 31,557 22.6% 57.8% 6.5% North Ayrshire 134,010 24.6% 40.4% 9.5% Source: PHS/LIST locality and North Ayrshire HSCP management profiles, 11 May 2026. Three Towns and Kilwinning have the highest SIMD quintile 1 shares. North Coast and Cumbraes and Arran have older population profiles and much lower recorded SIMD quintile 1 shares. These contrasts may change the questions asked about a site, but lower area deprivation does not mean that no customer is vulnerable and an older population does not itself establish vulnerability.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 7 of 14 3.3 Health context and premises count by locality The admission rates below are per 100,000 population. The prescribing percentage and admission rates are general health indicators, not measures of gambling-related harm. The premises column is the July 2026 licensing-register snapshot. Locality Mental-health prescribing Alcohol admissions Drug admissions Premises Arran 16.7% 568.4 145.8 0 Garnock Valley 23.0% 526.8 197.4 1 Irvine 25.2% 532.6 250.3 9 Kilwinning 24.9% 471.2 189.6 2 North Coast and Cumbraes 19.5% 454.1 122.6 4 Three Towns 26.4% 756.1 289.3 11 North Ayrshire 23.8% 554.4 221.1 27 Source: PHS/LIST locality profiles, 11 May 2026; North Ayrshire Licensing premises register, reconciled 22 July 2026. Three Towns has the highest value for each of the three listed health indicators and the largest premises count. Irvine has the second-largest premises count and a drug-admission rate above the North Ayrshire figure. The other localities show different patterns: for example, Arran's alcohol- admission rate is slightly above the North Ayrshire rate despite having no current premises licence. This demonstrates why the figures cannot be treated as a causal link between premises and health outcomes. 3.4 Current premises landscape At the evidence cut-off there were 27 current premises licences. The William Hill betting premises at 30 Eglinton Street, Beith had surrendered its licence and has been removed from the count and map. The map is an overview; the statutory register and the application plan remain authoritative. Figure 1. Gambling premises licence overview, reconciled July 2026. Symbols are indicative; the statutory licensing register is authoritative. Source: North Ayrshire Council Licensing/GIS.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 8 of 14 The 27 premises comprise the following four licence types. Premises type Count Share of total Betting 15 55.6% Adult gaming centre 5 18.5% Bingo 5 18.5% Licensed family entertainment centre 2 7.4% Source: North Ayrshire Licensing register and GIS reconciliation, 22 July 2026. What this tells us. Betting premises make up just over half of the current total. The proportions describe the current licence mix; they do not show customer numbers, expenditure, demand or harm. Distribution by locality Figure 2 compares each locality's share of North Ayrshire's population with its share of the 27 current premises licences. The two measures have been converted to percentages so that localities of different sizes can be compared on the same scale. Figure 2. Share of population and current premises licences by locality. Sources: PHS/LIST locality profiles, 11 May 2026; Licensing register, 22 July 2026. Three Towns and Irvine together contain 20 of the 27 licences (74.1%) while accounting for 52.7% of the North Ayrshire population. That is a description of where licences are located. It is not evidence of overprovision, unmet demand or gambling harm, and it cannot replace a premises-specific assessment. 2019 and 2026 snapshots Figure 3 compares the total recorded in the Board's 2019 Statement with the reconciled licensing- register total at 22 July 2026. There are no annual observations between those dates, so the graphic is a comparison of two snapshots rather than a trend line.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 9 of 14 Figure 3. Two dated premises-licence snapshots. Sources: Board's 2019 Statement; Licensing register and GIS reconciliation, 22 July 2026. The recorded total is 15 lower than in the 2019 Statement, a reduction of 35.7%. The comparison does not explain when or why licences ceased, and it says nothing by itself about gambling participation, online gambling, demand or the level of harm. 3.5 What the locality figures mean in practice The summaries below identify the main contrast in each locality and the question it may raise. They are not risk ratings and do not replace a visit to the proposed site. Three Towns It has the largest premises count and the highest listed SIMD quintile 1, mental-health prescribing, alcohol-admission and drug-admission figures. An assessment should therefore explain the actual site, child and family routes, customer interaction and any evidenced issues around the premises. It must not assume that the locality figures prove harm. Irvine It is the largest locality by population and has nine premises. Its averages conceal substantial neighbourhood variation, so an assessment should identify the particular street, surrounding uses and customer journey rather than relying on an Irvine-wide label. Kilwinning It has a high SIMD quintile 1 share and mental-health prescribing figure but two current premises. The data may raise questions about financial vulnerability and support, but it does not support a high-risk label or suggest that further capacity is available. Garnock Valley It has one current premises following the Beith surrender. An assessment must use the current register and the facts of the proposed site; the surrender does not demonstrate any change in demand or harm. North Coast and Cumbraes It has an older population profile, lower recorded SIMD quintile 1 share and four premises. Relevant site questions may concern seasonality, mixed-age leisure, transport, accessibility and access to support. Arran It has no current premises licence and an older population profile. A 0.0% SIMD quintile 1 figure does not mean there is no hardship or vulnerability. Any future application would need fresh evidence about the island location, seasonality, transport, staffing and support routes.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 10 of 14 Part 4 - Local risk factors 4.1 Identifying a premises-specific risk A useful risk assessment brings four things together: 1. People - who may be affected, in what circumstances and why. 2. Place - the actual routes, neighbouring uses, visibility, transport, footfall and seasonal features around the premises. 3. Operation - the proposed gambling, machines, hours, access, layout, staffing, payments, advertising and customer journey. 4. Controls - how the operator will prevent, detect, respond to, record and review the identified risk. The assessment should state the possible harm, the licensing objective involved, the evidence, who may be affected, the likelihood and seriousness, the controls, and the residual risk. 4.2 Children and young people Protecting children is a shared responsibility. In this LAP, the relevant group is children and young people exposed to gambling-related harm. The assessment should focus on their exposure, safety and wellbeing rather than adult consumer behaviour. Exposure to gambling-related harm may form part of wider exploitation or coexist with other safeguarding concerns. Evidence may raise questions about financial exploitation or scams; coercion by peers or older people; debt or other addictions; intergenerational gambling; family conflict or domestic abuse; anxiety, loneliness, isolation or self-harm; and absence from school. These are prompts for enquiry, not findings about a child, household, neighbourhood or premises. Schools, nurseries, colleges, youth services, community campuses, libraries, leisure facilities, family- focused areas and routes used by children may be relevant to access, visibility, advertising, exposure or supervision. Digital or gambling-adjacent activity, including social-casino games, randomised rewards, online gaming features and speculative trading apps, may provide context. Many such products fall outside the Board’s premises remit, so the assessment must identify the evidence that connects the concern to the particular premises and a licensing objective. There is no fixed buffer distance. An operator should observe routes and footfall at relevant times and explain how the entrance, frontage, advertising, layout, staffing, age verification and separation of adult and family activity address the site-specific risk. North Ayrshire Child Protection Committee partner input dated 1 June 2026 informed these prompts. Its Chair supports the proposed section 157(h) role in principle; formal Committee and Public Protection Chief Officers Group decisions remain to follow. 4.3 Financial vulnerability The Council-supplied DWP Xplore tracker, labelled ‘Children in Low Income Families: After Housing Costs — Relative Low Income’, records 4,753 of 24,260 North Ayrshire children aged 0 to 17 in low- income families in 2024/25. That is 19.6%, or roughly one in five. The corresponding 2023/24 figures were 4,845 and 20.0%, a decrease of 92 children and 0.4 percentage points. The 2024/25 intermediate-zone figures range from 6.7% to 36.3%. The highest figures in the supplied table are Irvine Fullarton at 36.3% and Stevenston Hayocks at 32.2%. This variation may help identify questions for a particular site; it is not a ranking of communities or evidence that gambling premises caused financial harm. Staff should respond to observed behaviour and disclosed circumstances through suitable customer- interaction, self-exclusion, signposting and escalation procedures. Customers must not be stereotyped by postcode, benefits, appearance or protected characteristic.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 11 of 14 The Child Poverty Strategy Team also identified potential Smart Data Foundry measures of low emergency resilience, living beyond means and high benefit reliance. No values were supplied for this draft, so those measures have not been used to draw a conclusion. They may be considered in a later factual update once their coverage, methodology and current values are verified. Source: Council-supplied DWP Xplore Children in Low Income Families tracker, received from North Ayrshire Council’s Child Poverty Strategy Team on 11 June 2026. Percentages use the supplied population aged 0 to 17. The one-year comparison does not establish a cause or a longer-term trend. 4.4 Mental health, addiction and suicide The area and locality figures show a wider mental-health, alcohol and drug context. They do not identify people experiencing gambling harm. Local health and support partners nevertheless report that gambling harm can occur alongside debt, relationship problems, substance use, distress and isolation. The 2026 PHS case study used a very small, anonymised police dataset from an unidentified local NHS board over nine years. It is not a North Ayrshire dataset. It is qualitative, may under-record gambling involvement and cannot be used to calculate a local rate, generalise to customers, prove causation or attribute a death to a premises. The case study reports that 5.2% of adults in the 2024 Gambling Survey for Great Britain who had experienced suicidal thoughts or attempts in the previous year said the thoughts or attempts were related to their gambling. It also reports that, among Scottish participants who had gambled in the previous 12 months, 15.8% scored in the PGSI low-risk category, 5.1% in the moderate-risk category and 3.8% in the highest category. PGSI is a survey screening scale, not a clinical diagnosis. The practical licensing point is preparedness, not diagnosis or automatic refusal. Where relevant, an operator should have: 1. staff who can recognise observable distress and respond calmly, privately and without stigma; 2. a clear escalation route for a disclosure of suicidal thoughts or immediate danger; 3. accurate gambling-harm, mental-health and emergency signposting; 4. proportionate recording that protects sensitive personal information; and 5. support and debrief arrangements for staff after a serious interaction. Public Health Scotland - Gambling harm and suicide: a small case study 4.5 Crime, disorder and community safety The partner evidence reviewed for this draft did not identify a specific current pattern of crime or disorder at North Ayrshire gambling premises. That does not prove that no incident has occurred, but it means the LAP does not support a blanket crime-based restriction or condition. The operator should assess the actual site and operation, including cash and payment arrangements, sightlines, outside congregation, antisocial behaviour, theft or fraud indicators, staff safety, incident management and liaison. 4.6 Rural, island, coastal and visitor locations North Ayrshire includes island, rural, coastal and visitor communities. Relevant issues may include seasonal footfall, mixed-age leisure settings, transport limits, staffing resilience, privacy in small communities and access to support. None of those features establishes higher or lower risk by itself. The assessment must explain how the feature affects the particular premises and proposed operation.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 12 of 14 Part 5 - What operators must do Figure 4 summarises the sequence an operator should follow. The assessment should move from the actual premises and local evidence to a clearly stated risk, workable controls and an honest assessment of what risk remains. Figure 4. Practical sequence for preparing and reviewing a premises-specific local risk assessment. 5.1 When a local risk assessment is required LCCP social responsibility code 10.1.1 requires each applicable non-remote licensee to assess the local risks to the licensing objectives at each premises and to have policies, procedures and controls to mitigate them. The operator must prepare or review the assessment: 1. when applying for a new premises licence; 2. when applying to vary a premises licence; 3. when significant local circumstances change; and 4. when a significant change at the premises may affect the way local risks are controlled. 5.2 What the assessment should contain The assessment should be concise, current and specific to the premises. It should: 1. Describe the premises and proposal: licence type, plan, gambling offer, machines, hours, access, layout, staffing and customer journey. 2. Describe the actual location: observations at relevant dates and times, entrances, visibility, routes, neighbouring uses, transport, footfall and any seasonal pattern. 3. Identify only the relevant risks: explain the people or circumstances affected, the possible harm, the licensing objective and the supporting evidence. State briefly why a prominent LAP theme is not relevant where that may otherwise be unclear. 4. Set out the controls: who is responsible, how the measure operates, staff training and supervision, records, escalation and how effectiveness will be checked. 5. Assess the residual risk and review arrangements: explain what remains, why the controls are sufficient, any action and completion date, and the events that will trigger review.
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 13 of 14 5.3 Sharing the assessment LCCP ordinary code 10.1.2 says that operators should share the assessment with the Board when applying for a new premises licence or a variation, and otherwise on request. This is good practice rather than a separate statutory application requirement. The Commission also recommends keeping the current assessment at the premises. LCCP 10.1.1 - assessing local risk LCCP 10.1.2 - sharing local risk assessments
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NORTH AYRSHIRE LICENSING BOARD GAMBLING ACT 2005 Gambling Local Area Profile 2026 | 2025-2028 cycle Page 14 of 14 Part 6 - How the Board will use and update the profile 6.1 Use in applications and reviews The Board will use the LAP to identify relevant questions and test the operator's evidence and controls. It will not assume that every theme applies to every premises or that an area-wide statistic proves a premises risk. Where the Board relies on the LAP, its decision should make clear: 1. the particular information relied on; 2. why it is relevant to the premises and a licensing objective; 3. the operator's evidence and response; 4. any risk remaining after the controls; and 5. why the outcome is lawful and proportionate. Any premises condition must be necessary on the facts, related to the premises and the identified risk, proportionate to the scale and type of operation, and within the Board's statutory powers. It should not merely repeat a mandatory condition or an operating-licence requirement. 6.2 Keeping the profile current Licensing will keep the premises register and map under review and will periodically check the main data, support routes and material partner information. A published update should identify its date, source and what changed. Public material will use aggregate or non-identifying information. A factual update to the LAP does not restart or extend the Statement's statutory period, which ends on 30 January 2028. A decision will be based on the law and evidence current at the time, and an applicant or licence holder must have a fair opportunity to respond to any material information used in its case.
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APPENDIX 3
Page 1 of 18
NORTH AYRSHIRE LICENSING BOARD
GAMBLING ACT 2005, SECTION 349
STATEMENT OF PRINCIPLES 2019-2022
Contents:
Part A – Introduction
Part B - General Statement of Principles
Part C - Casinos
Part D - Statements of Principles for particular functions
Part E - Particular Types of Premises
Part F - Other Permits, Licences and entitlements
Part A – Introduction
A.1. References here:
(a) to "the Act" mean the Gambling Act 2005;
(b) to Sections or Schedules (for example 'Section 349') mean Sections of the
Gambling Act 2005 or Schedules to that Act;
(c) to Regulations (for example 'Regulation 4') mean the Gambling Act 2005 (Licensing
Authority Policy Statement) (Scotland) Regulations 2006, No. 154;
(d) to the "Commission" mean the Gambling Commission;
(e) to Guidance mean the document “Guidance to Licensing Authorities” (5 ed.,
September 2015, updated September 2016) issued by the Commission (here referred to as
'GLA5'), (and where relevant the Commission's "Licence Conditions and Codes of Practice"
and "Gambling Codes of Practice - Consolidated for all forms of gambling" (Updated October
2018) ("LCCP")),
unless otherwise specified.
A.2. North Ayrshire Licensing Board is the Licensing Board for North Ayrshire continued in
existence by Section 5 of the Licensing (Scotland) Act 2005 (which regulates the sale of alcohol). It
is therefore the 'Licensing Authority' for the purposes of the Gambling Act 2005 (Section 2(1)(c)).
A.3. Licensing Authorities are required every three years to prepare and publish a Statement of
the Principles which they propose to apply when exercising their functions (Section 349).
The "first appointed day" was set as 31st January 2007 by Order S.I. 2006 No. 637), so the dates
for future Statements are 31st January in 2010, 2013, 2016, 2019 and so on.
In preparing this Statement of Principles the Board:
(a) has consulted with the Responsible Authorities listed in Annex 1;
(b) has consulted with the persons and bodies listed in Annex 2 ('Consultee List'),
(c) has published notices inviting representations.Page 155
APPENDIX 3
Page 2 of 18
A.4. North Ayrshire is a Council area in the west of Scotland, part of the former Strathclyde
region of Scotland. North Ayrshire covers an area of around 886 sq. km. (mainland 441 sq. km.,
islands 445 sq.km) and has a coastline of 225 km. (mainland 67 km., islands 158 km.). The main
settlements are Irvine, Kilwinning, Ardrossan, Saltcoats, Stevenston, Beith, Dalry, Kilbirnie, Largs,
Dreghorn, Springside, West Kilbride, Seamill, Fairlie, Skelmorlie, Brodick and Millport.
Population
The Council area has a population of 135,790 ("Mid-2017 Population Estimates by Council Area in
Scotland")
Source: "North Ayrshire Council Area Profile" (National Records
of Scotland):
https://www.nrscotland.gov.uk/files/statistics/council-area-data-
sheets/north-ayrshire-council-profile.html
Labour Market
Data from the NOMIS website (Nomis is a service provided by the Office for National Statistics,
ONS, to give official labour market statistics):
North Ayrshire North Ayrshire % Scotland % G.B. %
Economically
active
62,700 74.7 77.8 78.4
In employment 58,700 69.8 74.5 75.0
Employees 51,000 61.1 66.0 64.2
Self-employed 7,300 8.2 8.2 10.6
Unemployed 3,700 5.9 4.1 4.2
Source:
http://www.nomisweb.co.uk/reports/lmp/la/1946157425/report.a
spx?town=north%20ayrshire
Deprivation
The Scottish Government published the latest version of the Scottish Index of Multiple Deprivation
(SIMD) on 31 August 2016. The SIMD uses a range of socio-economic data to calculate
deprivation across small areas known as Data Zones. There are 6,976 Data Zones across
Scotland, each with an average population of around 800 people.
The Data Zones across Scotland are grouped in 20 slices each of 5% (called "quantiles", "ventiles"
or "vigintiles") to show which areas are in the bottom slice out of 20 - the "most deprived" - then the
next 5%, then the next 5%. Of the 186 Data Zones in North Ayrshire, 51 North Ayrshire Data Zones
are in the bottom 15% of the figures across Scotland (the "most deprived 15% in Scotland"), an
increase of 5 since the index was last published in 2012. Breakdowns for the North Ayrshire data
zones in the 5%, 10% and 15% most deprived in Scotland are shown in the table below:
Number of North Ayrshire Data Zones in "most deprived" 5%, 10% and 15% (2004-2016):Page 156
APPENDIX 3 Page 3 of 18 Source: Scottish Government 2016 Across North Ayrshire the 51 data zones in the "most deprived 15% in Scotland" are distributed over the 6 Community Planning Partnership Areas (the Localities used by the Licensing Board under the Licensing (Scotland) Act 2005): Source: Scottish Government 2016 A.5. Part 8 of the Act (Sections 150 - 213) deals with the Grant, Variation, Transfer and Review of Premises Licences, the Reinstatement of a lapsed Licence, and the issue of a Provisional Statement. Boards also: (a) Regulate Members Clubs and Miners' Welfare Institutes who wish to undertake certain gaming activities via issuing 'Club Gaming Permits' (Sections 271 & 285) and/or 'Club Machine Permits' (Sections 273 & 285); (b) Issue 'Club Machine Permits' to Commercial Clubs; (c) Grant permits for the use of certain lower stake Gaming Machines at 'Unlicensed Family Entertainment Centres'. (d) For alcohol-licensed Premises: (i) Receive "Automatic Entitlement" notifications for the use of one or two Gaming Machines (Section 282); (ii) Grant 'Licensed Premises Gaming Machine Permits' for more than two machines to Premises licensed to sell or supply alcohol for consumption on the Licensed Premises (Sections 283 & 285); (e) Register 'Small Society Lotteries' below prescribed thresholds (Schedule 11, Part 4); (f) Issue 'Prize Gaming Permits' (Part 13 and Schedule 14); (g) Provide information to the Gambling Commission regarding details of Licences 2004 2006 2009 2012 2016 Most deprived 0-5% 6 9 10 12 12 Most deprived 6-10% 10 14 16 19 20 Most deprived 11-15% 17 10 17 15 19 Most deprived 0-15% (overall) 33 33 43 46 51 2004 2006 2009 2012 2016 Irvine 10 10 14 16 19 Kilwinning 6 4 6 5 6 Three Towns 15 16 19 19 18 Garnock Valley 2 3 4 6 7 North Coast 0 0 0 0 1 Arran 0 0 0 0 0 North Ayrshire (overall) 33 33 43 46 51
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APPENDIX 3 Page 4 of 18 issued. A.6. The following Premises Licenses are in force in the Board’s area (showing also the equivalent figures in the 2016-2019 Statement): Betting Premises = 28 (2016-2019: 30) Adult Gaming Centre Premises = 5 (6) Bingo Premises = 5 (5) Family Entertainment Centre Premises = 4 (4) Part B - General Statement of Principles B.1. With one exception, all decisions about Premises Licences involve the use of the Board's discretion. The exception is Section 166 - Casinos (see below - Part C). B.2. In producing this Statement, the Board has had regard to: (a) the Licensing Objectives in Section 1: (1) preventing Gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime, (2) ensuring that Gambling is conducted in a fair and open way, and (3) protecting Children (under 16) and other "Vulnerable Persons" (see B.5 below) from being harmed or exploited by Gambling. (b) the Gambling Commission Guidance; (c) any representations from those consulted on the Statement. B.3. Section 153 directs the Board, in exercising functions under Part 8, to aim to permit the use of Premises for Gambling in so far as they think it is — (a) in accordance with any relevant Commission Code of Practice, (b) in accordance with any relevant Guidance issued by the Commission. (c) reasonably consistent with the Licensing Objectives, and (d) in accordance with this Statement of Principles. B.4. Nothing in this Statement will override the right of any person: - to make an Application (with one exception), - to make representations about an Application, or
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APPENDIX 3 Page 5 of 18 - to apply for a review of a Licence, as each will be considered on its own merits and according to the statutory requirements. The exception is that, since the Board has decided not to permit Casinos in North Ayrshire, an Application for a Casino will not be entertained (see Part C). B.5. The Board regards "Vulnerable Persons" as including people who: (a) gamble more than they want to; (b) gamble beyond their means; (c) may not be able to make informed or balanced decisions about Gambling due to mental health needs, learning disability or substance misuse relating to alcohol or drugs; (d) are 'Young Persons' (aged 16 or 17); or (e) are "Adults at Risk" as defined by Section 3(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10), being adults who (i) are unable to safeguard their own well-being, property, rights or other interests, (ii) are at risk of harm, and (iii) because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected. B.6. Although the Board will have regard to the Licensing Objectives, enforcement of the Gambling Act 2005 is not solely a Board responsibility. For example, in relation to Licensing Objective 2 (ensuring that Gambling is conducted in a fair and open way), the Board notes the Guidance (GLA5, Para. 5.11): "Generally the Commission would not expect Licensing Authorities to find themselves dealing with issues of fairness and openness frequently. Fairness and openness is likely to be a matter for either the way specific Gambling products are provided and therefore subject to the Operating Licence, or will be in relation to the suitability and actions of an individual and therefore subject to the Personal Licence. However, if Licensing Authorities suspect that Gambling is not being conducted in a fair and open way this should be brought to the attention of the Commission so that it can consider the continuing suitability of the operator to hold an Operating Licence or of an individual to hold a Personal Licence." The Commission, not the Board, issues Operating Licences and Personal Licences. B.7. The Board will consider Applications for Premises Licences, Permits and other permissions on their merits and consider whether or not the proposals are consistent with the Licensing Objectives. In particular, given Licensing Objective 3 (protecting children and other vulnerable persons from being harmed or exploited by Gambling) the Board will give special attention to: - the location of the proposed Premises in relation to schools;
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APPENDIX 3 Page 6 of 18 residential areas where there may be a high concentration of families with children; hospitals; centres for people addicted to alcohol, drugs or gambling; and centres for individuals receiving treatment for their mental health and/or support individual with learning disabilities. - the location of activities within Premises; - the arrangements made to prevent or control access by children and other vulnerable persons to the Premises or certain parts. Any such Policy must, however, come with the qualification that each case will be decided on its merits, and will depend to a large extent on the type of Gambling that it is proposed will be offered on the Premises. It is always open to the Applicant to seek to persuade the Board that any Licensing Objective concerns can be overcome, and that the particular Application could be treated as an exception to the Board's Policy. Layout B.8. It is for the Licensing Board to decide whether different parts of a building can be properly regarded as being separate Premises. It is unlikely to consider that areas of a building that are artificially or temporarily separate can be properly regarded as different Premises. The Board notes the Commission's Guidance (GLA5, para. 7.26): "Licensing authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non- gambling) purposes. In particular, they should be aware that entrances and exits from parts of a building covered by one or more licences should be separate and identifiable so that the separation of different Premises is not compromised and that people do not ‘drift’ into a gambling area. The plan of the Premises should clearly denote entrances and exits." The third Licensing Objective seeks to protect children and other vulnerable persons from being harmed or exploited by Gambling. In practice that means not only preventing them from taking part in Gambling, but also preventing them from being in close proximity to Gambling. The Board notes the Guidance: "6.38 However, the Statement of Policy may comment on the location of Premises and the general principles it will apply in considering the location so far as it relates to the Licensing Objectives. For example, a Statement of Policy may set out that the Licensing Authority will carefully consider applications for Premises Licences and whether there is a need for condition(s) to mitigate risks, in respect of certain kinds of gambling located very close to a school or a centre for gambling addicts, in light of the third Licensing Objective. The Statement of Policy must be clear that each case will be decided on its merits and will depend to a large extent on the type of Gambling that is proposed for the Premises." Therefore Premises should be configured so that Children and other Vulnerable Persons - are not invited to participate in,
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APPENDIX 3 Page 7 of 18 - cannot have accidental access to, or - cannot observe Gambling, where they are prohibited from participating. Entrances to and exits from parts of a building covered by one or more Premises Licences should be separate and identifiable so that the separation of different Premises is not compromised and people do not ‘drift’ into a Gambling area where they are prohibited from participating. It should be possible to access the Premises without going through another licensed Premises or Premises with a permit. Irrelevant considerations (a) ‘Demand’ for gaming Premises B.9. In determining whether to grant a Premises Licence, the Board is not entitled to have regard to the expected demand for the facilities which it is proposed the Premises will provide. The Board notes the Guidance: "6.37 Previous legislation required that the grant of certain Gambling permissions should take account of whether there was unfulfilled demand for the facilities. This is no longer the case and each Application must be considered on its merits without regard to demand. The Statement of Policy should reflect the ‘aim to permit’ principle (s.153 of the Act) and should not comment on whether there is demand for Gambling Premises." (b) moral or ethical objections B.10. The Guidance provides (Para. 5.34): "Licensing Authorities should be aware that other considerations such as moral or ethical objections to Gambling are not a valid reason to reject applications for Premises Licences. In deciding to reject an application, a Licensing Authority should rely on reasons that demonstrate that the Licensing Objectives are not being, or are unlikely to be, met, and such objections do not relate to the Licensing Objectives. An Authority’s decision cannot be based on dislike of Gambling, or a general notion that it is undesirable to allow Gambling Premises in an area (with the exception of the Casino resolution powers)." Accordingly, when considering Applications for Premises Licences the Board will give no regard to such objections. (c) Compliance with other legislation B.11. Section 210(1) is: "In making a decision in respect of an Application under this Part a Licensing Authority shall not have regard to whether or not a proposal by the Applicant is likely to be permitted in accordance with the law relating to planning or building." This approach is extended to other regulatory legislation. GLA5, para. 7.65 includes:
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APPENDIX 3 Page 8 of 18 "Nor should fire or health and safety risks be taken into account." Accordingly, when considering Applications for Premises Licences the Board will give no regard to such objections. Conditions B.12. Premises Licences will be subject to the permissions and restrictions set out in the relevant legislation. The Board does not propose regularly to add to or to exclude the specific, mandatory and default conditions. It will consider such action where it appears appropriate. B.13. The Board will where it considers appropriate and lawful attach conditions to Licences which are: (a) relevant to the need to make the proposed building suitable as a Gambling facility; (b) directly related to the Premises and the type of Licence applied for; (c) fairly and reasonably related to the scale and type of Premises; and (d) reasonable in all other respects. Decisions upon individual conditions will be made on a case-by-case basis, although there will be a number of control measures which the Board will consider utilising should there be a perceived need, such as - the use of door supervisors - supervision of Adult Gaming Machines - appropriate signage for adult-only areas. The Board will also expect the Applicant to offer suggestions as to ways in which the Licensing Objectives can be met effectively. General B.14. The Board will endeavour: - to avoid duplication with other regulatory regimes so far as possible - to act in accordance with the relevant legislation and Guidance from the Commission - to adopt the principles of better regulation. B.15. A Scheme of Delegations has been adopted by the Board under Section 155 to ensure effective management of the Board's functions under the Act. All functions under the Act, other than those expressly reserved to the Board by the legislation, are delegated to the Clerk and the Solicitor (Licensing).
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APPENDIX 3 Page 9 of 18 Part C - Casinos Under Section 166 a Licensing Authority may resolve not to issue Casino Premises Licences. The Board has not previously granted a Casino Premises Licence or a Provisional Statement for such Premises. Having regard to the economic and social circumstances of the Board's area, the Board does not regard the operation of a Casino as appropriate and accordingly makes a Resolution under Section 166. That Resolution will operate for the duration of this Statement. The Board made such a Resolution in its 2016-2019 Statement of Principles. Part D - Statements of Principles for particular functions D.1. The Board is required by the Regulations to state the principles it will apply in exercising certain functions: (a) Designation of Child Protection Responsible Authority (b) Interested Parties (c) Exchange of Information (d) Inspection (a) Designation of Child Protection Responsible Authority D.2. Under Section 157(h) of the Act the Board is required to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles applied by the Board are: (i) The need for the body to be responsible for an area covering the whole of the Board’s area; (ii) The need for the body to be answerable to democratically elected persons, rather than any particular vested interest group. In accordance with the Guidance the Board designates North Ayrshire Health and Social Care Partnership for this purpose. (b) Interested Parties D.3. "Interested Parties" can make representations about Licence Applications, or apply for a review of an existing Licence. If a party is not a "Responsible Authority" (as defined, e.g. the Chief Constable) then he can only make a representation if he qualifies as an "Interested Party". Guidance Para. 7.52 includes: "Representations from other parties are inadmissible." D.4. Section 158 is: “For the purposes of this Part a person is an Interested Party in relation to a Premises Licence or in relation to an Application for or in respect of a Premises Licence if, in the opinion of the Licensing Authority which issues the Licence or to which the Application is
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APPENDIX 3 Page 10 of 18 made, the person— (a) lives sufficiently close to the Premises to be likely to be affected by the authorised activities, (b) has business interests that might be affected by the authorised activities, or (c) represents persons who satisfy paragraph (a) or (b).” D.5. The Board is required by Regulations to state the principles it will apply in exercising its powers to determine whether or not a person is an Interested Party. The Board will not apply a rigid rule to its decision-making, and each case will be decided on its merits, but the principles are: (i) Category (a) (residents) D.6. The factors the Board may have regard to include: • the size of the Premises • the nature of the Premises • the distance of the Premises from the residence of the person making the representation • the potential impact of the Premises on the locality, such as the number of customers expected and the routes likely to be taken by those visiting the Premises • the circumstances of the resident. This is not their personal characteristics, but their interests which may be relevant to the distance from the Premises. The phrase 'lives sufficiently close' could have a different meaning for (a) a private resident, (b) a residential school for children with truanting problems and (c) a residential hostel for vulnerable adults. (ii) Category (b) (businesses) D.7. The issue for the Board is whether or not the relevant business is likely to be affected. Simply because the relevant business already operates in the Board's area is unlikely to be enough. Factors that are likely to be relevant include: • the size of the Application Premises • the ‘catchment’ area of those Premises, that is, how far people travel to visit them • whether the person making the representation has business interests in that 'catchment area' that might be affected. (it should be borne in mind that Gambling legislation has no concept like Overprovision in alcohol licensing) (iii) Category (c) (representatives) D.8. The Board is likely to accept that persons who are democratically elected (e.g. Members of Parliament, Members of the Scottish Parliament, Councillors, and Community Councillors) 'represent' someone who satisfies (a) and/or (b); If members of the public wish to approach
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Councillors to ask them to represent their views, then care should be taken that those Councillors
are not part of the Board dealing with the Application or Review. It is possible that a Councillor who
is also a Member of the Board would have to declare an interest and be disqualified from
participating in the Board's proceedings. The member of the public might be better to make a direct
written representation.
D.9. The Board may (but is not obliged to) accept that other persons or bodies 'represent' a
person who satisfies (a) and/or (b) if a letter from such a person is produced. Examples of such
representatives are Residents', Tenants' or Trade Associations, or Trade Unions;
D.10. A person may be accepted as a 'representative' without a letter, depending on the interests
said to be represented, e.g. a school head teacher or governor might act in representing the
interests of pupils or parents; a community group might represent vulnerable people living near to
the proposed Premises; the Chief Executive or other senior officers of the Council may also be
accepted as 'representative'.
(c) Exchange of Information
D.11. Each Licensing Authority is required to include in their Statement the principles to be
applied in exercising the functions with respect to the exchange of information between:
(i) the Authority and the Commission under Section 30;
(ii) the Authority and the other persons listed in Schedule 6 to the Act under Section
350.
Section 350(1) provides that a person or body listed in Part 1 of Schedule 6 may provide
information to any other person or body so listed for use in the exercise of a function under the Act.
The list in Part 1 is:
A Constable or Police force
An Enforcement Officer
A Licensing Authority (including a Licensing Board)
Her Majesty's Commissioners of Customs and Excise
The First-tier Tribunal
The Secretary of State
The Scottish Ministers
The Board notes:
(a) the qualifications in Part 4 of Schedule 6;
(b) Section 352 ("Nothing in this Act authorises a disclosure which contravenes the
Data Protection Act 1998 (c. 29).")
The principle that the Board applies is that it will act in accordance with the Data Protection Act
1998, having regard to any relevant enactments and Guidance issued by the Commission.
(d) Inspection
D.12. Licensing Authorities are required by regulation under the Gambling Act 2005 to state thePage 165
APPENDIX 3 Page 12 of 18 principles to be applied by the Authority in exercising the functions under Part 15 of the Act with respect to inspection of Premises. D.13. The Board’s principles are that it will be guided by the Gambling Commission’s guidance, and will adopt a risk-based inspection programme, targeting high-risk Premises which require greater attention, whilst operating a lighter touch in respect of low-risk Premises, so that resources are more effectively concentrated on problem Premises. The Board does not often require to use inspection powers under the Gambling Act 2005 since many Premises which have a status under that Act are also licensed for the sale of alcohol, and accordingly are inspected by the Licensing Standards Officer under the Licensing (Scotland) Act 2005, Sections 14 and 15. D.14. The Board will determine the level of risk on a case-by-case basis, reviewing its approach as it sees fit on the basis of information about whether the operation of particular Premises: - is consistent with the Licensing Objectives - involves breach of the legislation or Licence conditions D.15. The main enforcement role of the Board is to ensure compliance with the Premises Licences and other permissions which it authorises. The Gambling Commission will be the enforcement body for the Operating and Personal Licences, and concerns about manufacture, supply or repair of Gaming Machines will not be dealt with by the Board but will be notified to the Commission. Part E - Particular Types of Premises (a) Adult Gaming Centres Given Licensing Objective 3, and the need to protect Children and Vulnerable Persons from harm or being exploited by Gambling, the Board will expect the Applicant to satisfy the Board that there will be sufficient measures to ensure that under-18s do not have access to the Premises. Licence conditions may cover issues such as: 1. Proof-of-age schemes 2. CCTV 3. Door supervisors 4. Supervision of entrances and machine areas 5. Physical separation of areas 5. Location of entry to Premises 6. Notices and signage 7. Specific opening hours. This list is not exhaustive.
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APPENDIX 3 Page 13 of 18 (b) (licensed) Family Entertainment Centres The Board's approach will be similar to that for Adult Gaming Centres (see (a) above). (c) Bingo Premises Section 177 attaches a condition to Bingo Premises Licences that prohibits the licensee from: - giving credit in connection with the Gambling taking place on the Premises - participating in, arranging, permitting or knowingly facilitating the giving of credit in connection with the Gambling on the Premises. The Board notes the Guidance (GLA5, Para. 9.12): "However, s.177 does not prevent the licensee from contracting a third party to install cash dispensers (ATMs) on their Premises, which may accept both credit and debit cards. Such an arrangement is subject to requirements that the Premises Licence holder has no other commercial connection in relation to Gambling with the provider of the ATMs (aside from the agreement to site the machines), does not profit from the arrangement, and does not make any payment in connection with the machines. All Premises Licences also include a mandatory condition which requires that any ATM made available for use on the Premises must be located in a place that requires any customer who wishes to use it to cease Gambling in order to do so." (d) Betting Premises The Board notes the Guidance in relation to Self-Service Betting Terminals (SSBTs) (GLA5, Para. 19.9): "S.181 contains an express power for Licensing Authorities to restrict the number of SSBTs, their nature and the circumstances in which they are made available by attaching a licence condition to a Betting Premises Licence or to a Casino Premises Licence (where betting is permitted in the Casino). When considering whether to impose a condition to restrict the number of SSBTs in particular Premises, the Licensing Authority, amongst other things, should take into account the ability of employees to monitor the use of the machines by Children and Young Persons or by Vulnerable People." (e) Travelling Fairs Section 287 makes special provision for Gambling at 'Travelling Fairs', provided that the fair is not at the place for more than 27 days in the calendar year. Gambling is permitted without a Licence or Permit provided that: (a) any Gaming Machines are 'Category D' (low stakes and prizes); and (b) that 'Facilities for Gambling' (whether by way of Gaming Machine or otherwise) amount together to no more than an 'ancillary amusement' at the fair. It will fall to the Licensing Board to decide whether: (i) the Applicant falls within the statutory definition of a 'travelling fair';
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(ii) the 'ancillary amusement' condition is met.
(f) Reviews
Requests for a Review of a Premises Licence can be made by Interested Parties or Responsible
Authorities. It is for the Board to decide whether the Review is to be carried out. Under Section
198, the Board may reject a Review Application if they think that the grounds on which the Review
is sought—
(a) do not raise an issue relevant to the Principles to be applied in accordance with
Section 153 (the general principles relevant to any exercise of the Board's powers);
(b) are frivolous;
(c) are vexatious;
(d) will certainly not cause the authority to wish to take any of the actions it may take on
upholding a Review (it may revoke the Licence, suspend it for up to 3 months; exclude a
Default Condition or remove or amend an exclusion; or add, remove or amend a condition
imposed or excluded by the Board);
(e) are substantially the same as the grounds specified in an earlier Review Application;
or
(f) are substantially the same as representations made in relation to the Application for
the Premises Licence.
In determining whether to exercise the power to reject a Review Application under (e) or (f), the
Board shall consider the length of time that has elapsed since the earlier Application or
representations. The Board may reject part of a Review Application but proceed with the
remainder.
If the Board decides to proceed with a Review, there will be a Hearing to which the Licence Holder
and the Applicant will be invited.
Part F - Other Permits, Licences and entitlements
(a) (unlicensed) Family Entertainment Centre ("F.E.C.") - Gaming Machine Permits
F.1. Where Premises do not hold a Premises Licence but wish to provide Gaming Machines,
they may apply to the Board for this Permit. Schedule 10 applies.
F.2. The Permit may only be granted if:
(a) the Board is satisfied that the Premises will be used as an unlicensed FEC; and
(b) the Chief Constable has been consulted on the Application.
F.3. Section 238 defines “Family Entertainment Centre”:
“Premises (other than an Adult Gaming Centre) wholly or mainly used for making Gaming
Machines available for use"Page 168
APPENDIX 3 Page 15 of 18 The words "wholly or mainly" are to be emphasised. A proposal to place Gaming Machines in the public spaces of a shopping centre is likely to be refused as incompetent. F.4. Para. 5 includes: “5. An application for a permit must ... (c) contain or be accompanied by such other information or documents as the licensing authority may direct” Therefore, in order to satisfy the Board on the "wholly or mainly" issue, Applicants should provide a Layout Plan, e.g. showing a demarcated and enclosed area which will contain the machines. F.5. Given - that such Premises are likely to be frequented by children and vulnerable people, and - that the Premises are not regulated by the Commission, the Board will expect Applicants to demonstrate: (a) a full understanding of the maximum stakes and prizes of the Gambling that is permissible in unlicensed FECs (b) that the Applicant has no 'relevant' convictions (set out in Schedule 7 of the Act) (c) that employees are trained to have a full understanding of the maximum stakes and prizes (d) that there are policies and procedures in place to protect children and vulnerable people from harm. 'Harm' in this context is not limited to harm from Gambling but includes wider child protection considerations. The effectiveness of such policies and procedures will each be considered on their merits; they may include checks for staff, training covering how staff would deal with unsupervised under-18s being on the Premises, or under-18s causing perceived problems on/around the Premises. F.6. Unlike other types of Licensing, a Permit does not require the prior designation of a Premises Manager, or require that he/she should hold a Personal Licence, so the Board will expect that the Applicant will (a) specify who will be the day-to-day manager; the Applicant should identify him/her, giving: - his/her full name - date of birth - place of birth - all addresses in the past 5 years - details of experience in operating such Premises. and
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APPENDIX 3 Page 16 of 18 (b) undertake that, where another person is to take over the role of day-to-day manager, the Board will be given similar details for that other person by written notice at least 14 days before that person takes up the role. Without this information there is no way of the Board being satisfied that it is likely that the Premises will operate continuously consistently with the Licensing Objectives. Any Permit granted will be treated as being subject to a condition to the effect of (b). The Board is unlikely to regard supervision by staff of the shopping centre or remote monitoring by CCTV to be adequate substitutes for a day-to-day manager who is continuously present. F.7. Possible questions are: (a) will machines be continuously supervised to ensure that under-18s do not spend more than a specified amount of time or money using machines? (b) what amounts of time spent and money spent are proposed? F.8. The Board may refuse an Application for renewal of a Permit only on the grounds: (a) that an authorised Local Authority Officer has been refused access to the Premises without reasonable excuse, or (b) that renewal would not be reasonably consistent with the Licensing Objectives. (b) (Alcohol) Licensed Premises Gaming Machine Permits (Schedule 13, para 4(i)) F.9. Section 282 gives certain Premises an "Automatic Entitlement", which means they can have up to two Gaming Machines of Categories C and/or D without an express Permit under the Gambling Act 2005. The Premises which have the "Automatic Entitlement" are already licensed to sell alcohol for consumption on the Premises. The Premises merely need to notify the Licensing Board. Under Section 284 the Board can remove the "Automatic Entitlement" in respect of any particular Premises if: (a) Provision of the machines is not reasonably consistent with the pursuit of the Licensing Objectives; (b) Gaming has taken place on the Premises that breaches a condition of Section 282; (c) The Premises are mainly used for gaming; (d) An offence under the Act has been committed on the Premises. F.10. If Premises wish to have more than two machines, then they need to apply for a Permit. The Licensing Board must consider that Application based upon the Licensing Objectives, any guidance issued by the Gambling Commission, and “such matters as they think relevant”.
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F.11. The Board considers that “such matters” will be decided on a case-by-case basis, but
generally it will have regard to the need to protect Children and Vulnerable Persons from harm or
being exploited by Gambling. It will expect the Applicant to satisfy it that there will be sufficient
measures to ensure that under-18s will not have access to adult-only Gaming Machines. Such
measures might include the layout of the Premises being arranged so that adult-only machines:
(a) are not in a place where under-18s are entitled to be; and
(b) are in the sight of the staff behind the bar.
The staff would be expected to monitor to ensure that the machines are not being used by under-
18s, and the Premises should display notices and signs informing customers where under-18s
were not permitted.
F.12. If alcohol-licensed Premises seek a Premises License for non-alcohol licensed areas, they
should apply for an Adult Entertainment Centre Premises Licence.
The Board can decide to grant the Application with a smaller number of machines and/or a different
category of machines than that applied for. Conditions cannot be attached. The holder of a Permit
must comply with any Code of Practice issued by the Gambling Commission about the location
and operation of the machine.
(c) Temporary Use Notices ("T.U.N.s") (Part 9 of the Act and Part 14 of the Guidance)
F.13. T.U.N.s allow the use of Premises for Gambling where there is no Premises Licence but
where a Gambling Operator (who already holds a relevant Operating Licence issued by the
Commission) wishes to use the Premises temporarily for providing facilities for Gambling, e.g. in
hotels, conference centres or sporting venues. The prescribed fee is £350 (The Gambling Act 2005
(Fees No. 4) (Scotland) Regulations 2007 No. 461).
F.14. The same set of Premises may not be the subject of a T.U.N. for more than 21 days in any
12-month period, but may be the subject of several T.U.N.s provided that the total does not exceed
21 days.
F.15. There are a number of statutory limits. It is for the Board to decide what constitutes a “set of
Premises” where T.U.N.s are received relating to the same building or site. It will expect the person
giving the T.U.N. to demonstrate that he/she is not entitled, and has not been entitled, to occupy
other parts of the same building or site, and is not connected with any such occupier.
(d) Occasional Use Notices ("O.U.N.s") (Section 39 of the Act and Part 15 of the Guidance)
F.16. Betting on a 'track' without a Premises Licence is permitted for up to 8 days in a calendar
year (the period from 1 January, and not a rolling period of 12 months) if an O.U.N. is given. In this
context, 'track' does not simply mean a racetrack for horses or dogs.
F.17. Each case will be considered on its merits, and the Board will consider whether or not the
place is a 'track' and whether the Applicant is entitled to use O.U.N. procedure.Page 171
APPENDIX 3 Page 18 of 18 Annex 1 - Responsible Authorities (As Section 157 is applied to the Board's area; email addresses shown thus)) 1. Section 157(b): The Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4BP. info@gamblingcommission.gov.uk 2. Section 157(c)(ii): The Chief Constable, Police Scotland, St. Marnock Street, Kilmarnock KA1 1TJ. ayrshirelicensing@scotland.pnn.police.uk 3. Section 157(d): Scottish Fire and Rescue Service, West HQ, 99 Bothwell Road, Hamilton, ML3 0EA. comments@firescotland.gov.uk 4. Section 157(e)(ii) (Planning Authority), Section 157(f) (the Council), Section 157(g) (Environment and Human Health Authority): North Ayrshire Council, Cunninghame House, Friars Croft, Irvine, KA12 8EE (Craig Hatton, Chief Executive) chief.executive@north-ayrshire.gov.uk 5. Section 157(h) (Child Protection Authority): North Ayrshire Health and Social Care Partnership and Chief Officer of North Ayrshire Integration Joint Board, 5th floor West Wing, Cunninghame House, Friars Croft, Irvine KA12 8EE. (Stephen Brown, Director) sbrown@north-ayrshire.gcsx.gov.uk 6. Section 157(i): H.M. Revenue & Customs, National Registration Unit, Portcullis House, 21 India Street, Glasgow, G2 4PZ. Annex 2 - Consultee List 1. Lynne McNiven, Child Health Commissioner, Consultant in Public Health, NHS Ayrshire & Arran PO BOX 13, Boswell House, 10 Arthur Street, Ayr KA7 1QJ lynne.mcniven@aapct.scot.nhs.uk 2. The Scottish Licensed Trade Association, C B C House, 24 Canning St, Edinburgh EH3 8EG Theslta@aol.com 3. Association of British Bookmakers Ltd, Ground Floor, Warwick House, 25 Buckingham Palace Road, London SW1W 0PP. mail@abb.uk.com