Licensing Board Agenda - 5 March 2025
North Ayrshire Council · 5 March 2025
Back to North Ayrshire Licensing Board — 5 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Cunninghame House Irvine KA12 8EE 25 February 2025 North Ayrshire Licensing Board You are requested to attend a Meeting of the North Ayrshire Licensing Board to be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine on Wednesday 5 March 2025 at 11.00 A.M. to consider the undernoted business. Yours faithfully Clerk to the Licensing Board 1. Declarations of Interest 2. 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)
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Licensing Board Sederunt: Eleanor Collier (Convenor) Chair: Nairn McDonald (Vice-Convenor) John Bell Cameron Inglis Christina Larsen Matthew McLean Jean McClung Donald L Reid Ronnie Stalker Angela Stephen Apologies: Meeting Ended:
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Agenda Item 2 25 February 2025 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. 0231 Tamor Limited Lemon Tree 91/93 Main Street Kilwinning KA13 6AW Premises Licence Review Proposal – Section 37
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CASE 1 Page 1 of 3 NORTH AYRSHIRE COUNCIL SPECIAL LICENSING BOARD – 5 MARCH 2025 PREMISES LICENCES UNDER THE LICENSING (SCOTLAND) ACT 2005 LICENCE REVIEW PROPOSALS REPORT BY THE CLERK TO THE BOARD ABSTRACT The purpose of this report is to present premises licences to the Board for review due to non-payment of Annual Premises Licence Fees under the Licensing (Scotland) Act 2005 (“the 2005 Act”) as detailed in the Appendix to this Report. 1. RECOMMENDATIONS It is recommended that the Board conducts a Hearing to review the premises licence listed in Appendix 1 to this Report and, if satisfied that a ground for review is established, the Board may take such of the following steps, as it considers necessary and appropriate, for the purposes of any of the licensing objectives:- (i) to issue a written warning to the licence holder; (ii) to make a variation of the licence; (iii) to suspend the licence for such period as the Board may determine; (iv) to revoke the licence; or (v) to take no action. 2. BACKGROUND At the meeting of the Board on 24 February 2025, it was agreed that a review of a premises licence listed in Appendix 1 would take place. It was established that one or more of the conditions to which the licence is subject have been breached, in that the licence holder has failed to pay their annual fee. Board members also agreed that should the outstanding fee be paid or the licence surrendered prior to the review hearing, the hearing would be cancelled. As the Board decided to make a premises review proposal, they recognised that the review hearing under section 38 of the 2005 Act must take place within 42 days from the date they make the proposal in line with the Licensing (Procedure) (Scotland) Regulations 2007. The proposed date for the hearing was 5 March 2025.
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CASE 1 Page 2 of 3 3. LEGAL Paragraph 10 of the Schedule 3 to the 2005 Act makes it a mandatory condition applicable to all premises licences that the fee must be paid as required by The Licensing (Fees) (Scotland) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations provide for the fee being an annual fee and specifies the amounts due by different types of premises. The 2007 Regulations specify that the first annual fee is due within 30 days after the date on which the licence takes effect. It further states that the subsequent annual fees are due on 1st October each year or, where that date falls on a Saturday or a Sunday, on the immediately following Monday. Despite reminders for payment being issued to the licence holders, the annual fee in respect of the licensed premises detailed in the attached Appendix 1 has not been paid. A copy of the final reminder for payment and notice of the hearing is attached at Appendix 2. The grounds for the Licensing Board making such a premises licence review proposal are under Section 36(3): za) that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence a) that one or more of the conditions to which the premises licence is subject has been breached; or b) any other ground relevant to one or more of the licensing objectives. A failure to make payment of the annual fee would constitute a breach of the premises licence condition under section 36(3)(a) of the 2005 Act as listed above. Upon establishing this alleged ground, the Board can take the following steps if the Board considers this is necessary or appropriate for the purposes of any of the licensing objectives: - issue a written warning to the licence holder; - make a variation of the licence; - suspend the licence for such period as the Board may determine; - revoke the licence; or - take no action - 4. FINANCIAL IMPLICATIONS If the fees below are not paid by the licence holders, Board income will decrease by £280.
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CASE 1 Page 3 of 3 5. HUMAN RIGHTS IMPLICATIONS In dealing with the matters as set out in this report, the Board will have regard to any human rights issues in relation to the licence holders. Members are advised that Article 1 of the First Protocol of the European Convention of Human Rights (ECHR) (i.e. protection of property) applies in relation to this Report. The licence holder is considered to be the owner of the licence and as such is entitled to the peaceful enjoyment of his/her possession. However, North Ayrshire Licensing Board may take such action as it deems necessary to control the use of the property in accordance with the general interest and subject to the conditions provided for and by the legislation. Article 14 of the ECHR requires non-discriminatory treatment of individuals in the enjoyment of their rights. The legal basis for taking any action in connection with this Report is in terms of the 2005 Act. Any actions considered by the Licensing Board must be proportionate, i.e. there should be as little intervention as possible to achieve the Board’s desired aim. 6. CONCLUSION The Board is requested to review the premises licence listed in Appendix 1 to this Report and determine, which steps, if any, they consider to be necessary and appropriate for the purposes of the licensing objectives.
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APPENDIX 1 Lic No Premises Address Town Postcode Fee Notification Date Reminder Date 231 Lemon Tree 91/93 Main Street Kilwinning KA13 6AW £280.00 29 August 2024 19 November 2024
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From: Licensing (shared mailbox) To: Subject: Annual Fee Reminder Email - Lemon Tree - 0231 Date: 19 November 2024 11:54:29 Dear Premises Licence Holder Our records indicate that you are in breach of the following condition of your Premises Licence: The Annual Fee of £280 was due on 1 October 2024 and has not been paid. This is a condition of your Licence (2005 Act, Schedule 3, Paragraph 10, and North Ayrshire Licensing Board Condition A.7). You are required to remedy this breach within 7 days from the date of this email. Within that time you should pay the Annual Fee of £280. Payment can be made using the ‘Pay your annual fee’ option on the Premises Licence section of the following webpage: Food, alcohol and gambling licences Information can also be provided on request regarding alternative payments methods. If you fail to remedy the breach fully by the time set, the matter will be referred to the Licensing Standards Officer and Licensing Board for a Premises Licence Review Hearing in due course. The Board have a number of options which they may take at the conclusion of a Review Hearing, including the Suspension or Revocation of a Premises Licence. Yours faithfully Chris Pollock Licensing Manager APPENDIX 2
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CHIEF EXECUTIVE: Craig Hatton Head of Democratic Services: Aileen Craig Licensing Services 1st Floor, Cunninghame House, Irvine, KA12 8EE Your Ref: Our Ref: Premises Licence Review Email: licensing@north-ayrshire.gov.uk 25 February 2025 OFFICIAL RECORDED DELIVERY & 1ST CLASS POST Tamor Limited Dear Sir/Madam Licensing (Scotland) Act 2005 Premises: Lemon Tree, 91/93 Main Street, Kilwinning Premises Licence number 0231 Your Premises have not paid the Annual Fee due in October 2024. Premises which have not paid their Annual Fees are now subject to a Review Proposal under Section 37 of the Licensing (Scotland) Act 2005. The Review will be considered by the Board on Wednesday 5 March 2025 in the Council Chambers, Cunninghame House, Irvine. Please note that the Review Hearing will commence on completion of a meeting of the Council’s Licensing Committee. Please attend for 11.00 am. If you pay the Annual Fee in full or surrender the Licence before the Board date, you do not require to attend the meeting. The Board will have to decide whether or not to uphold the Review, and if it is upheld the Board will have to decide what action, if any, should follow. The Report which will be considered by the Board will be contained within the Licensing Board Agenda which will be available at: https://north-ayrshire.cmis.uk.com/north- ayrshire/CommitteesMeetings/MeetingsCalendar/tabid/70/ctl/ViewMeetingPublic/mid /397/Meeting/3919/Committee/129/Default.aspx This report will provide further information in relation to this process including the Board’s powers. If you are thinking about either surrendering or transferring your Licence, you should take independent legal advice first: APPENDIX 2
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- If you want to surrender the Licence, you should write to me saying so; - If you are considering transferring the Licence, e.g. to the building owners, you should start the Transfer process before the Board meeting. If the Licence is revoked or surrendered, it is at an end and cannot be transferred. If you wish to make representations, you may do so in person or you may be represented by an Advocate or Solicitor. You may also be represented by another person, but you should give that person your written authority to represent you, as otherwise the Board may decide not to hear that person’s representations. Yours faithfully Raymond Lynch Clerk to the Licensing Board APPENDIX 2