Licensing Board Agenda - 28 April 2025
North Ayrshire Council · 28 April 2025
Back to North Ayrshire Licensing Board — 28 April 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Cunninghame House Irvine KA12 8EE 14 April 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 Monday 28 April 2025 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 Meetings held on 24 February 2025 and 5 March 2025. 3. Licences and Applications under the Licensing (Scotland) Act 2005 Submit report by the Clerk to the Licensing Board on applications under the Licensing (Scotland) Act 2005. (copy enclosed) 4. The Equality Act 2010: Mainstreaming Report for 2025 to 2027 and Equality Outcomes Report for 2025 to 2029 Submit report by the Clerk to the Licensing Board to advise members on the Board’s statutory reporting duty under the Equality Act 2010 and to present the Board’s Equality Outcomes and Mainstreaming Report (the “Report”) to the Board for approval. (copy enclosed) 5. Any Other Business
Page 2
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:
Page 3
AGENDA ITEM 2 Page 1 of 6 DRAFT North Ayrshire Licensing Board 24 February 2025 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, 24 February 2025 - At a meeting of the North Ayrshire Licensing Board at 10.00 am in the Council Chambers, Cunninghame House, Irvine. Present Councillors Eleanor Collier (Convenor), Nairn Angus-McDonald, John Bell, Cameron Inglis, Christina Larsen, Matthew McLean, Donald Reid and Ronnie Stalker. In Attendance R Lynch, Clerk, D Grier, Solicitor (Legal Services), C Pollock, Licensing Manager and M Champion, Admin Assistant Also In Attendance Sergeant David Markin and Dawn Hastings (Police Scotland). Convenor Councillor Eleanor Collier. Apologies for Absence Councillors Jean McClung and Angela Stephen. 1. Declarations of Interest There were no Declarations of Interest. 2. Minutes The Board were asked to confirm the Minutes of the Board meeting held on 2 December 2024. The Board unanimously agreed to confirm and adopt the Minutes. 3. Licences and Applications under the Licensing (Scotland) Act 2005. The Board considered a report by the Clerk to the Licensing Board on matters under the Licensing (Scotland) Act 2005. The report, on this occasion, contained 1 Appendix; A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matters as follows;
Page 4
AGENDA ITEM 2 Page 2 of 6 A. Premises Licence applications or any other applications requiring a Hearing A.1 0543 Pops Bar Ltd, 19 Bridgegate, Irvine The Board continued their consideration of an Application for the grant of a Provisional Premises Licence made by Pops Bar Ltd following a site visit. The site visit was carried out on 3 February 2025. The Applicant was represented by Kay Abercrombie, Director, Pops Bar Ltd and she was accompanied by Rosemary Reid and Alexander Harper. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant - written submission from one objector and retired at 10.08 am to consider the case, reconvening at 10.15 am. The Convenor moved as a Motion that the Board should grant the Provisional Premises Licence subject to the core hours being within the Board’s Policy. The commencement hours for the sale of on-sales and off-sales to be 11.00 am, all 7 days, and the terminal hour on Friday and Saturday nights to be 01.00 am. The Provisional Premises Licence will be subject to the Board’s Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A, B, C and F. Standard Condition C.5.2 (Outdoor Drinking Area) was amended to read: “No drinks (alcoholic or not) shall be taken into or consumed in such areas earlier than 11.00 a.m. and later than 10.00 pm except that the consumption of tea, coffee and other non-alcoholic drinks is permitted from 8.00 am.". Standard Condition C.10.3 (d) and (e) to be disapplied. Councillor McDonald seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.2 Qamrosh Alam Khan (Application Ref NA 3443) The Board considered an Application for the grant of a Personal Licence. The Applicant was represented by Brian McMahon, Licensing Agent, and he was accompanied by Mr Khan.
Page 5
AGENDA ITEM 2 Page 3 of 6 The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent - submissions from Police Scotland and decided that there was no need to retire to consider the case. Councillor McDonald moved as a Motion that the Board should grant the Personal Licence Application. Councillor Inglis seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. A.3 0549 The Auld Hoose, 9 Main Street, Dalry The Board considered an Application for the grant of a Premises Licence made by Stephen William Munn. The Applicant was represented by Brian Dunlop, Solicitor and he was accompanied by Mr Munn. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Applicant’s Agent, Mr Dunlop and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should grant the Premises Licence application subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A, C and F. Standard Condition C.5.2 (Outdoor Drinking Area) is amended to read: “No alcoholic drinks shall be taken into or consumed in the outdoor drinking area earlier than 11.00am or later than 10.00pm.”. Councillor Reid seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent.
Page 6
AGENDA ITEM 2 Page 4 of 6 As there was neither, the Motion was held as carried unanimously. A.4 0550 Masonic Jacz, 21 Main Street, Beith The Board considered an Application for the grant of a Provisional Premises Licence made by Kadir Turbun. The Convenor noted the applicant’s Agent had requested a continuation of this application to the next available Licensing Board meeting on 28 April 2025. The request was agreed to by the Board. A.5 Premises Licence 0271 Ashlar Masonic Social Club, 20-28 Newton Street, Kilbirnie The Board considered an Application for the grant of a Transfer and Variation of a Premises Licence made by Ashlar Masonic Social Club. The Applicant was represented by Robert Honeyman, Solicitor and he was accompanied by Jacquiline Beggs, Transferee, and Thomas Beggs, proposed Premises Manager. The Board considered: - the Summary Report prepared by the Clerk which is published on the Council website; - submissions from the Licence-Holder's Agent, Mr Honeyman. Mr Honeyman clarified the Variation to increase the occupant capacity is to be withdrawn. and decided that there was no need to retire to consider the case. Councillor Stalker moved as a Motion that the Board should grant the Transfer and Variation application subject to Standard Conditions (Edition 5, made on 1 September 2009, as read with later amendments of the statutory mandatory conditions) Parts A, B, C and F. Councillor Bell seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. Councill Matthew McLean entered the Council Chambers and participated in the remainder of the meeting. A.6 Extended Hours Application 0243 Pitchers, 18 Bank Street, Irvine The Board considered an Application for Extended Hours (101/25) made by Signature Works (Scotland) Ltd for the above premises. The Premises Licence Holder was
Page 7
AGENDA ITEM 2 Page 5 of 6 represented by John Duncan, Director, and he was accompanied by Nicole Morton, Premises Manager. The application was made in relation to Easter Sunday and requested an extension of core hours, to 3.00am on Monday 21 April 2025. The Board considered: - the Summary Report prepared by the Depute Clerk which is published on the Council website; - submissions from the Licence-Holder and decided that there was no need to retire to consider the case. The Convenor moved as a Motion that the Board should grant the Extended Hours Application. Councillor McDonald seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. The Board confirmed their delegation to Officers for future, identical applications in relation to Easter, assuming no issues arise. A.7 Premises Licence 0231 Lemon Tree, 91/93 Main Street, Kilwinning The Board considered whether to make a Section 37 Premises Licence Review Proposal for the non-payment of Annual Premises Licence Fees. Failure to make payment of the annual fee would constitute a breach of the Premises Licence Condition. The Board considered: - the Report prepared by the Clerk which is published on the Council website; and decided that there was no need to retire to consider the case. The Board agreed that a Review of the Premises Licence 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
Page 8
AGENDA ITEM 2 Page 6 of 6 the date they make the proposal in line with the Licensing (Procedure) (Scotland) Regulations 2007. The proposed date for the hearing was set for 5 March 2025. 4. Any Other Business There was no other business to consider. The meeting ended at 10.43 am.
Page 9
AGENDA ITEM 2 Page 1 of 2 DRAFT North Ayrshire Licensing Board 5 March 2025 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, 5 March 2025 - At a meeting of the North Ayrshire Licensing Board at 11.10 am involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Eleanor Collier (Convenor), Nairn Angus-McDonald, Cameron Inglis, Christina Larsen, Jean McClung, Matthew McLean, Ronnie Stalker and Angela Stephen. Present (Remote Participation) Donald L. Reid. In Attendance R. Lynch, Clerk; C. Pollock, Licensing Manager and A. Kellas, Administration Assistant (Licensing); and C. Stewart, Committee Services Officer (Corporate Services). Convenor Councillor Eleanor Collier. Apologies for Absence Councillor John Bell. 1. Declarations of Interest There were no Declarations of Interest. 2. Licences and Applications under the Licensing (Scotland) Act 2005. The Board considered a report by the Clerk to the Licensing Board on matters under the Licensing (Scotland) Act 2005. The report, on this occasion, contained 1 Appendix; A. Premises Licence applications or any other applications requiring a Hearing. The Licensing Board agreed to dispose of the matters as follows; A. Premises Licence applications or any other applications requiring a Hearing
Page 10
AGENDA ITEM 2 Page 2 of 2 A.1 Premises Licence 0231 Lemon Tree, 91/93 Main Street, Kilwinning Following their decision to make a Section 37 Premises Licence Review Proposal, the Board held a Hearing to review the Premises Licence. The Licence Holder, having been duly cited to attend, was not present nor represented. The Board considered: - the Report prepared by the Clerk which is published on the Council website; and decided that there was no need to retire to consider the case. The Convenor moved as a Motion that the Grounds for Review were established, and the Board should revoke the Licence. Councillor McDonald seconded this Motion. The Convenor inquired of the Board if there was any Amendment or expression of dissent. As there was neither, the Motion was held as carried unanimously. The meeting ended at 11.15 am.
Page 11
Agenda Item 3 28 April 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.
Page 12
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.
Page 13
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
Page 14
APPENDIX A Premises Licence Applications or any other Applications requiring a Hearing Case No. Licence No. Applicant/Licence Holder Premises Comments 1. 0550 Kadir Turbun Masonic Jacz 21 Main Street Beith KA15 2AD Application for Grant of Provisional Premises Licence – Section 45 Continued from 24/2/25 2. 0109 John Mather McBride Tavern Bar 36 Glasgow Street Millport KA28 0DL Application for Variation of Premises Licence – Section 29 3. 0171 Hydro Services (Seamill) Seamill Hydro Hotel 39 Ardrossan Road Seamill West Kilbride KA23 9ND Application for Variation of Premises Licence – Section 29 4. 0244 Parmjit Singh Bains Wylie Newsagents 18A Springvale Street Saltcoats KA21 5LP Application for Variation of Premises Licence – Section 29
Page 15
CASE 1 THE LICENSING (SCOTLAND) ACT 2005 Application for Provisional Premises Licence Continued from 24 February 2025 Premises Licence Reference: 0550 Name and Address of Premises: Masonic Jacz 21 Main Street Beith KA15 2AD Applicant: Kadir Turbun Type of Premises: Public House Proposed Application: On-sales licensed hours sought: Sunday to Thursday 11am until Midnight; Friday and Saturday 11am until 1am. No Children or Young Persons will be permitted entry. Police Authority Comments: No objection Licensing Standards Comments: No comments Fire Authority Comments: No objection Protective Services Comments: No comments Community Council Comments: No comments Health Board Comments: No comments Section 50 Certificate: Received Additional Comments: Previous Premises Licence surrendered on 27 November 2023. Conditions sought are within Policy. The Board should consider its Policy on overprovision.
Page 16
APPLICATION FOR PREMISES LICENCE/PROVISIONAL PREMISES LICENCE* *Delete as appropriate Licensing (Scotland) Act 2005, section 20 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 page with the address of the Premises and the type of Licence applied for, and you should sign each extra page. Applicant Information Licensing (Scotland) Act 2005, section 20(1) Question 1 Name, address and postcode of premises to be licensed. Masonic Jacz 21 Main Street Beith KA15 2AD Question 2 Particulars of Applicant 2(a) Where applicant is an individual, provide full name, date and place of birth, and home address including postcode. Kadir Turbun CASE 1
Page 17
2(b) Where applicant is a partnership, please provide full name, and postal address of partnership. 2(c) Where applicant is a company, please provide name, registered office and company registration number. 2(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body. 2(e) Where applicant is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of connected persons. “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 1
Page 18
Question 3 Previous Licences 3 Has the Applicant or any other Connected Person ever held a licence under the Licensing (Scotland) Act 1976 for Premises anywhere in Scotland? NO If YES, please provide full details of the Licence, including the name and address of the Premises concerned, the type of Licence concerned and Licence reference number (if known), and the name of the Licence-holder; if the Premises were not in North Ayrshire, give the name of the Licensing Board and the date when the Licence was granted or last renewed. Question 4 Previous Applications 4 Has the Applicant or any Connected Person ever applied for a licence under the Licensing (Scotland) Act 2005 for Premises anywhere in Scotland? NO If YES – please provide full details of the Licence, including the name and address of the Premises concerned, the type of Licence concerned, and the name of the Licensing Board and the date when the Licence was granted or last renewed. CASE 1
Page 19
Question 5 Previous convictions 4 Has the applicant or any connected person ever been convicted of a ‘Relevant Offence’ or ‘Foreign Offence’ (see Notes) *If YES – provide full details Name & position (if applicable) Date of conviction or sentence Court Offence 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’ and 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. Although the Act refers to convictions becoming ‘spent’ under the Rehabilitation of Offenders Act 1974, the 1974 Act allows a licensing authority to take into account convictions which would otherwise be regarded as ‘spent’, so you should include all convictions. 3. 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)’. 4. In addition to any convictions held by the applicant at the time of application , applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for Relevant or Foreign Offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. CASE 1
Page 20
Description of Premises Licensing (Scotland) Act 2005, section 20(2)(a) Question 6 6 Description of premises (where application is submitted by a members’ club, please also complete question 7) Community public house within a small town centre. Question 7 7 To be completed by members’ clubs only. 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* * Delete as appropriate 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 Application are true to the best of my knowledge and belief. Signature …Alison Smith – TLT Solicitors…… * (see note below) Date ………31.12.24…………… Capacity ……………………………………. APPLICANT/AGENT (delete as appropriate) Telephone number and email address of signatory CASE 1
Page 21
I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate * 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
Page 22
For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan 31 December 2024 £200 bacs ADWS00363764 MC 10 January 2025 31 January 2025 24 February 2025 Yes Yes Yes CASE 1 continued to 28 April 2025
Page 23
OPERATING PLAN Licensing (Scotland) Act 2005, section 20(2)(b)(i) and 20(4), and Schedule 5 of the Premises Licence (Scotland) Regulations 2007 No.452 Note that in addition to the Operating Plan, Section 20(2)(b)(ii) also requires a Layout Plan. The form of the Layout Plan is specified in Regulation 5 of the Premises Licence (Scotland) Regulations 2007 No.452. 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 page with the address of the Premises and the type of Licence applied for, and you should sign each extra page. Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? YES 1(b) Will alcohol be sold for consumption solely OFF the premises? NO 1(c) Will alcohol be sold for consumption both ON and OFF the premises? NO *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES. USE THE 24-HOUR CLOCK. Day ON Consumption Opening time Closing time Monday 11:00 00:00 Tuesday 11:00 00:00 Wednesday 11:00 00:00 Thursday 11:00 00:00 Friday 11:00 01:00 Saturday 11:00 01:00 Sunday 11:00 00:00 CASE 1
Page 24
Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES. USE THE 24-HOUR CLOCK. Day OFF Consumption Opening time Closing time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES *If YES – provide details The premises seeks to take advantage of any additional hours afforded by the Licensing Board's policy in this regard, including the festive period, bank holidays, and any other date so designated. CASE 1
Page 25
Question 5 PLEASE INDICATE THE OTHER ACTIVITIES OR SERVICES THAT WILL BE PROVIDED ON THE PREMISES IN ADDITION TO SUPPLY OF ALCOHOL COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation NO N/A N/A Conference facilities NO NO NO Restaurant facilities NO NO NO Bar meals NO NO NO 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. NO NO NO Club or other group meetings etc. NO NO NO 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) YES YES NO Live performances – see 5(g) NO NO NO Dance facilities NO NO NO Theatre NO NO NO Films NO NO NO Gaming YES YES NO CASE 1
Page 26
Indoor/outdoor sports YES YES NO Televised sport YES YES NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities NO NO NO 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. CASE 1
Page 27
5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. Dominoes, pool, darts. 5(g) Late night premises opening after 1.00am Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85 dB LA90(5)? N/A When fully occupied, are there likely to be more customers standing than seated? If YES, what percentage of the total number of customers do you expect to be standing? N/A *Delete as appropriate Question 6 CHILDREN AND YOUNG PERSONS The 2005 Act, section 147(1) defines a ‘child’ as a person under the age of 16, and a ‘young person’ as a person aged 16 or 17. 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry No *Delete as appropriate CASE 1
Page 28
6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 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. CASE 1
Page 29
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. 6(f) Where will the Statement as to under-age supply of alcohol, required by Section 110 and the Sale of Alcohol to Children and young Persons (Scotland) Regulation 2007 No.93 and 313, be placed?. Question 7 CAPACITY OF PREMISES 7(a) What is the total capacity of the Premises? On sale – 66 Off sale - 0 7(b) Of the total, how many customers are expected to be standing? CASE 1
Page 30
7(c) Of the total, how many customers are expected to be seated? Question 8 PREMISES MANAGER (NOTE: not required where the Application is by a Club or is for the grant of a Provisional Premises Licence. Here ‘Club’ means a Club which is within the Licensing (Clubs) (Scotland) Regulations, 2007 No.76.) Sec 20(4)(g) includes information about the premises manager, but (g) does not apply to clubs [125(2)], or to ‘provisional premises licence application’ [45(10)]. Personal details 8(a) Name 8(b) Date of birth 8(c) Contact address 8(d) Email address CASE 1
Page 31
8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence 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 Alison Smith… * (see note below) Date ……31.12.24……………… Capacity ……………………………………. APPLICANT/AGENT (delete as appropriate). Address TLT LLP. 9th Floor, 41 West Campbell Street, Glasgow, G2 6SE 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
Page 32
L----+--
-$ Ft=.
flf\E.
��.f:t\�
:tzt l::L
1:M�'ut:Y uc;�.
1
I
I
I '
' j
! i
' '
------•-
-r---=-=-=--c-{--;=p,r---,
I
, -,.-.--....
--� �- - -
OC)C)�
Q(·1.✓ )&�uNR
---��(1
I
/-. ---,-
()( )(),
�-�. l'. f t_:iro\\E
I I
I
- I
-==----- _J
)
·
CASE 1Page 33
CASE 2 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: 0109 Name and Address of Premises: Tavern Bar 36 Glasgow Street Millport KA28 0DL Applicant: John Mather McBride Type of Premises: Public bar and lounge bar Proposed Application: Allow children when accompanied by an adult until 10pm. Permit children when accompanied by an adult to use the front entrance for access only to the areas they are permitted, the lounge and garden area. Garden pod kitchen to open from 9am for breakfasts. Permit television viewing from the garden when special events occur. Police Authority Comments: No objection Licensing Standards Comments: N/A Fire Authority Comments: No objection Protective Services Comments: No comments Community Council Comments: No comments. Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: Three Objections received. Board should consider its Standard Conditions in relation to the outdoor drinking area, C.5.1 and C.5.2 and also the Licensing Objectives. The Board could consider a site visit if it requires further clarification on the proposed layout.
Page 34
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) X 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: 0109 Date of Board decision to grant the Premises Licence: Name, address and postcode of Licensed Premises: Tavern Bar 34-36 Glasgow street Millport KA28 0DL Name of Licence Holder John McBride Name of Premises Manager Sean Leith CASE 2
Page 35
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) X 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 2
Page 36
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 If 'No', go to Question B.6. CASE 2
Page 37
VT2 4 B.3. If 'Yes', was that previous Application refused? 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: N/A 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 CASE 2
Page 38
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 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. 1) Allow children on the premises supervised until 10pm due to an increase in the choice of food and change of menu. 2) Allow supervised children onto the premises from the front entrance, the current license states children must enter from the rear, this is problematic as parents and children can enter the garden from the rear access without supervision, if we allow front entrance access our bar staff can relate the children to the parent and also monitor the suitability of the parents in charge to supervise their children as they pass through the bar. 3)To allow our garden pod kitchen to open from 9am to accommodate visitors or parties who require breakfast, This access already allows customers shelter and toilets without access to any alcohol or bar area or cellar by simply locking the internal lounge door, therefore, the operating plan is unchanged. 4) to allow television viewing from the garden when special events occur. 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). CASE 2
Page 39
VT2 6 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 appointing you and giving you authority to make an Application under Section 34 of the 2005 Act. CASE 2
Page 40
VT2 7 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. b) Where Transferee is a partnership, please provide full name, and postal address of partnership. CASE 2
Page 41
VT2 8 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 Full name CASE 2
Page 42
VT2 9 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 2
Page 43
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 2
Page 44
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 2
Page 45
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 …… ……………………………… * (see note below) Date …………20 February 2025……………………………… Capacity ………Licence Holder…………………………… * 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. John Mcbride Postal Address (including postcode) Telephone number Email address CASE 2
Page 46
VT2 13 I have enclosed the relevant documents with this Application: (Please tick the relevant boxes in the column marked 'Applicant' - the column marked 'Board' is for internal use). Document Applicant Board Premises Licence Summary of Premises Licence (To be returned to the Licensing Office on issue of the new Premises Licence) copy New Operating plan New Layout plan Planning Certificate Building Control Certificate Food Hygiene Certificate Personal Licence of proposed Premises Manager (B8) Documentation to show entitlement to apply for a Transfer (C2) Where necessary, a separate piece of paper giving details of Previous convictions (C7) Copy of Transferee Club Constitution and Rules (C8) Letter explaining why 1. The Premises Licence is not produced 2. Transfer Application is late (C3) Fee £280 bacs Application checklist (For use by the Licensing Board only) Date received 20 February 2025 Fee amount £280 Receipt number Bacs Received by (INITIALS) MC Consideration date 7 March 2025 Last date for consideration 28 March 2025 Date of initial hearing 28 April 2025 Date granted/refused CASE 2
Page 47
A3 420 x297mm LOG STORE COMMON CLOSE PATHWAY FOOD TRAILER SERYERY □ □ □ SERVERY □ PUBLIC BAR □ ®□ □ □□ □ D D EXIT ENTRANCE Lmo-J1 ---------<,020-5------· PROPOSED GLASGOW STREET GROUND FLOOR PLAN 1 :200 POW R SUPPLY OR FOODT LER 25 40 't::S'□o□ - I ,, PROPOSED GLASGOW STREET GROUND FLOOR PLAN 1:200 0 20 40 75 Meters 100 Ordnance Survey, (c) Crown Copyright 2019. All rights reserved. Lic,�"-illlllll>OLi'UW""'"'--------------___j LOCATION PLAN 1 : 1250 GENERAL FIRE ACTION PLAN STAFF FIRE ACTION KEEP LOCKED SHUT NOTICE EMERGENCY LIGHTING SMOKE DETECTOR HEAT DETECTOR DRY POWDER EXTINGUISHER FOAM EXTINGUISHER WATER EXTINGUISHER CARBON DIOXIDE EXTINGUISHER FIRE BLANKET FIRE ALARM CALL POINT FIRE ALARM SOUNDER ILLUMINATED EXIT SIGN GAMING MACHINE REVISION SCHEDULE Rev De%r1pt1on A Food Trailer Res1ted Date 12/05/23 DO NOT SCALE FROM DRAWING :: SITE CHECK DIMENSIONS All d1mens1ons to be site checked by the Contractor and all d15erepanc1es to be advised to the Architect prior to the work be111g commenced. Use sta�d d1rnens1oos only. This Drawing Is Copyright. This 15 the drawing referred to in my application Dated : 8/h,,./V� 2022 Signed : : CLIENT;: Mr IAN McBRIDE PROJECT,, THE TAVERN, 36 GLASGOW STREET, MILLPORT, ISLE OF CUMBRAE DRAvVING :· LIQUOR LICENSE FLOOR PLAN Scale I: 100 f I :200 Job No. 22032 I 1/05/23 Dr.iw111g No. LL 001 Drawn by dmcc Rev1s1on No. Re, A McMILLAN & CRONIN chartered architects & planning consultants 24 MAIN STREET, rel. ( fax. LARGS :: KA30 SAB CASE 2
Page 48
From: To: Licensing (shared mailbox) Subject: Objection to variation of license Date: 16 March 2025 22:50:42 Caution: This is an external email and could be malicious. Do not click on links or open attachments unless you recognise the sender and know the content is safe. To Whim it may concern I am putting in an objection to the proprosal of variation of the license of the Tavern Bar 36 Glasgow Street, Millport, 1. Noise Pollution with the proprosed televisions, in beer garden, it is already very loud most times when people are in the garden. 2. Under age drinking already goes on in these premises and this will only encourage more children to frequent here, not to mention the trouble that has been happening here in the past few months, Fights, etc not a safe environment for young families. Thank you CASE 2
Page 49
Caution: This is an external email and could be malicious. Do not click on links or open attachments unless you recognise the sender and know the content is safe. From: To: Licensing (shared mailbox) Subject: Application for variation of premises Date: 18 March 2025 20:58:20 This email is with regards the application for variation of the premises licence for the Tavern Bar. I recieved your notification by recorded mail is in close proximity to the Tavern and would therefore by impacted by any changes. I am happy for all ammendments with the exception of permitting use of the garden for televised viewing of special events. We already put up with considerable noise from the indoor function room. If these events could be limited or restricted this may be more acceptable as I do understand they are trying to make money. CASE 2
Page 50
Caution: This is an external email and could be malicious. Do not click on links or open attachments unless you recognise the sender and know the content is safe. From: To: Licensing (shared mailbox) Subject: Variation of Licence for Tavern Bar Millport Date: 26 March 2025 14:04:57 Hi there, Re Tavern Bar, Glasgow Street, Millport variation request. While we have no issue with the breakfast provision and allowing children in until 10pm, we would like to raise some concerns. we are concerned with the additional noise that will likely arise from the television viewing from the garden for special events. What defines a special event and how often would this likely be? It is already too noisy with the karaoke on 2-4 nights a week (depending on season, until midnight/1am), affecting a number of the neighbours. We understand the beer garden is supposed to be cut off at 10pm, however people are often in the garden after 10pm through to midnight/1am (fresh air, to smoke etc) making the noise worse. Thank you CASE 2
Page 51
CASE 3 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: Name and Address of Premises: Applicant: 0174 Seamill Hydro Hotel 39 Ardrossan Road Seamill KA23 9ND Hydro Services (Seamill) Type of Premises: Hotel comprising restaurants, accommodation and function suites. Proposed Application: Change capacity of building from 850 to 950. Amendment to children and young persons access, Children accompanied by an adult and young persons unaccompanied. Change to layout. Increase capacity to ground floor function room within external extension area, includes outdoor patio area. Relocation of original bar and installation of new one within ground floor function room. Proposed increase capacity to ground floor restaurant room within internal extension area. Installation of 2 new bar areas within ground floor restaurant room. Installation of new bar within the first floor function room. Police Authority Comments: No objection Licensing Standards Comments: N/A Fire Authority Comments: No objection Protective Services Comments: No objection to increase in capacity Community Council Comments: No comments. Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: No Objections or Representations received. The Board should consider its Policy on permitting children and young persons, the Licensing Objectives and also its overprovision Policy. The Board could consider a site visit if it requires further clarification on the proposed layout.
Page 52
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: 0174 Date of Board decision to grant the Premises Licence: Name, address and postcode of Licensed Premises: Seamill Hydro, West Kilbride, Ayrshire, KA23 9NB Name of Licence Holder Hydro Services (Seamill) Name of Premises Manager Emma Brown CASE 3
Page 53
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
Page 54
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 If 'No', go to Question B.6. CASE 3
Page 55
VT2 4 B.3. If 'Yes', was that previous Application refused? 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
Page 56
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. Change Capacity of Building Amendment to Children and Young Person statements Children 0-15 and Young Persons 16-17 years who are residents in the hotel will be allowed access at all times. With regards to non-residents, Children 0-15 will be allowed entry if accompanied by a responsible adult for the purpose of taking a meal until 11:00pm or a function is being attended to the terminal hour of the said function. Young Persons 16-17 years will be allowed entry for the purpose of taking a meal or a function is being attended to the terminal hour of the said function. Children and Young Persons are only allowed access to bar areas within the main building when accompanied by an adult guardian of an age of 18 or over. Children and Young Persons are allowed access to outdoor or indoor children’s facilities and lawns. Children and Young Persons are allowed access to Pool facilities within the hotel. Young Persons (Not Children) are allowed access to Gym facilities within the hotel. Change to Layout. A. Proposed increased capacity to ground floor function room area within a spacious external extension area, which includes an outdoor patio area on completion. B. Proposed relocation of original bar area and installation of one new bar area within the ground floor function room area. C. Proposed increased capacity to ground floor restaurant room area within a spacious internal extension area on completion. D. Proposed installation of two new bar areas within the ground floor restaurant room area. E. Proposed installation of one new bar area within the first-floor function room area. Date of Which Variation to be Effective. ASAP CASE 3
Page 57
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 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 Specify the date of death. Produce the Death Certificate. CASE 3
Page 58
VT2 7 3 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 Date of birth Place of Birth CASE 3
Page 59
VT2 8 Home address including postcode Telephone Number 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 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 CASE 3
Page 60
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 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. CASE 3
Page 61
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 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
Page 62
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 3
Page 63
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 …… (see note below) Date …………17.02.2025 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. Robert Kyle Postal Address (including postcode) Telephone number Email address CASE 3
Page 64
VT2 13 I have enclosed the relevant documents with this Application: (Please tick the relevant boxes in the column marked 'Applicant' - the column marked 'Board' is for internal use). Document Applicant Board Premises Licence Summary of Premises Licence (To be returned to the Licensing Office on issue of the new Premises Licence) New Operating plan New Layout plan Planning Certificate Building Control Certificate Food Hygiene Certificate Personal Licence of proposed Premises Manager (B8) Documentation to show entitlement to apply for a Transfer (C2) Where necessary, a separate piece of paper giving details of Previous convictions (C7) Copy of Transferee Club Constitution and Rules (C8) Letter explaining why 1. The Premises Licence is not produced 2. Transfer Application is late (C3) Fee Application checklist (For use by the Licensing Board only) Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date granted/refused 18 February 2025 & updated 5 March 2025 £900 BACS ADWS00375129 MC 7 MARCH 2025 28 MARCH 2025 28 APRIL 2025 CASE 3
Page 65
OPERATING PLAN Licensing (Scotland) Act 2005, section 20(2)(b)(i) and 20(4), and Schedule 5 of the Premises Licence (Scotland) Regulations 2007 No.452 Note that in addition to the Operating Plan, Section 20(2)(b)(ii) also requires a Layout Plan. The form of the Layout Plan is specified in Regulation 5 of the Premises Licence (Scotland) Regulations 2007 No.452. 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 page with the address of the Premises and the type of Licence applied for, and you should sign each extra page. Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? NO 1(b) Will alcohol be sold for consumption solely OFF the premises? NO 1(c) Will alcohol be sold for consumption both ON and OFF the premises? YES *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES. USE THE 24-HOUR CLOCK. Day ON Consumption Opening time Closing time Monday 11:00am 01:00am Tuesday 11:00am 01:00am Wednesday 11:00am 01:00am Thursday 11:00am 01:00am Friday 11:00am 01:00am Saturday 11:00am 01:00am Sunday 11:00am 01:00am CASE 3
Page 66
Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES. USE THE 24-HOUR CLOCK. Day OFF Consumption Opening time Closing time Monday 10:00am 22:00pm Tuesday 10:00am 22:00pm Wednesday 10:00am 22:00pm Thursday 10:00am 22:00pm Friday 10:00am 22:00pm Saturday 10:00am 22:00pm Sunday 12:30pm 22:00pm Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES *If YES – provide details FESTIVE PERIOD IN CONJUNCTION WITH HOURS DETERMINED ANNUALLY BY THE BOARD IN ITS POLICY AND IN CONJUNCTION WITH SUCH POLICIES THE BOARD MAY FIX IN FUTURE. CASE 3
Page 67
Question 5 PLEASE INDICATE THE OTHER ACTIVITIES OR SERVICES THAT WILL BE PROVIDED ON THE PREMISES IN ADDITION TO SUPPLY OF ALCOHOL COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation YES N/a N/a Conference facilities YES YES YES Restaurant facilities YES YES YES Bar meals YES YES YES 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. YES YES NO Club or other group meetings etc. YES YES NO 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) YES YES YES Live performances – see 5(g) YES YES NO Dance facilities YES YES NO Theatre YES YES NO Films YES YES NO Gaming YES YES NO CASE 3
Page 68
Indoor/outdoor sports YES YES YES Televised sport YES YES NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities YES YES YES 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. CONFERENCE FACILITIES MOST START AT 9AM. RESTAURANT - BREAKFAST SERVICE AVAILABLE FROM 7AM. BAR MEALS - SNACKS AVAILABLE IN RESTAURANTS FROM 9AM. RECORDED MUSIC - BACKGROUND MUSIC PLAYED FROM 7AM IN RESTAURANTS, PUBLIC AREAS AND LEISURE CENTRE. IN ADDITION BACKGROUND MUSIC FOR THE TERRACE AREA OF RESTAURANTS AND FUNCTIONS FROM 9AM TO NO LATER THAN 10PM. OUTDOOR SPORTS FACILITIES AVAILABLE FOR RESIDENTS AND MEMBERS FROM 9AM. OUTDOOR DRINKING FACILTIES - WEDDING GUESTS MAY BE SERVED PRE- ORGANISED DRINKS ON LAWN PAID FOR BY BRIDAL PARTY. CASE 3
Page 69
5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. WEDDING CEREMONIES EITHER ON LAWN OR FUNCTION SUITES. CHILDRENS CLUB - FOR GUEST (1PM - 9PM). SWIMMING FACILITIES TO MEMBERS AND RESIDENTS (7AM - 10PM). ALCOHOL WILL BE SOLD FOR CONSUMPTION TO RESIDENTS OUTWITH THE CORE HOURS. DURING THE FESTIVE PERIOD EACH YEAR, COMMENCING AT THE FESTIVE PERIOD 2011-2012, THE LICENCE HOLDER IS PERMITTED TO INSTALL AND OPERATE THE FOLLOWING FACILITIES DURING THE PERIOD FROM ON OR AROUND THE LAST WEEKEND IN NOVEMBER UP TO AND INCLUDING THE FIRST WEEKEND OF THE FOLLOWING JANUARY: (A) ON THE SEAWARD SIDE OF THE BUILDING: A VICTORIAN FAIR, HELTER- SKELTER, BUNGY TRAMPOLINE AREA, ICE RINK AND SKATE STORE; (B) WITHIN THE BUILDING: PLAY AREAS FOR CHILDREN IN ONE OF THE FUNCTION ROOMS, INCLUDING A BOUNCY CASTLE AND CAROUSEL, AND A "SANTA'S GROTTO" IN THE LEISURE COMPLEX OR FUNCTION ROOM. AFTER THAT NOVEMBER-JANUARY PERIOD, THOSE FACILITIES SHALL BE REMOVED AND THE BUILDING AND OUTSIDE AREAS SHALL BE RESTORED TO CONFORM TO THE LAYOUT PLAN WHICH DESCRIBED THE PREMISES PRIOR TO THE VARIATION. THE EXTERNAL FACILITIES MAY BE USED UNTIL 10.00 P.M. (WITH THE LAST ADMISSION AT 9.00 P.M.), AND WILL OPEN: (A) ON WEEKENDS AND SCHOOL HOLIDAYS, AT 10.00 A.M.; AND (B) ON OTHER DAYS, AT 3.00 P.M PROVISION OF A POP UP BAR (PORTABLE BAR) IN EITHER THE FUNCTION ROOM OR THE GROUND FLOOR TERRACE SURROUNDING THE FUNCTION ROOM. THIS BAR WILL ACCEPT CASH FOR DRINKS SALES. WHEN USED ON THE OUTSIDE TERRACE, THE CLOSING TIME WILL BE NO LATER THAN 9PM ENSURING AREA CLEARED PRIOR TO THE 10PM REQUIREMENT. OPENING TIMES FOR BOTH INTERNAL AND EXTERNAL BAR NO EARLIER THAN 11AM AND WOULD OPEN AT THE TIME CONSISTENT WITH THE START OF THE EVENT. CLOSING TIME FOR INTERNAL POP UP BAR WOULD BE CONSISTENT WITH NORMAL LICENSED HOURS. CASE 3
Page 70
5(g) Late night premises opening after 1.00am Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85 dB LA90(5)? NO When fully occupied, are there likely to be more customers standing than seated? If YES, what percentage of the total number of customers do you expect to be standing? NO *Delete as appropriate Question 6 CHILDREN AND YOUNG PERSONS The 2005 Act, section 147(1) defines a ‘child’ as a person under the age of 16, and a ‘young person’ as a person aged 16 or 17. 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry YES *Delete as appropriate 6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry Children 0-15 and Young Persons 16-17 years who are residents in the hotel will be allowed access at all times. With regards to non-residents, Children 0-15 will be allowed entry if accompanied by a responsible adult for the purpose of taking a meal until 11:00pm or a function is being attended to the terminal hour of the said function. Young Persons 16-17 years will be allowed entry for the purpose of taking a meal or a function is being attended to the terminal hour of the said function. Children and Young Persons are only allowed access to bar areas within the main building when accompanied by an adult guardian of an age of 18 or over. Children and Young Persons are allowed access to outdoor or indoor children’s facilities and lawns. Children and Young Persons are allowed access to Pool facilities within the hotel. Young Persons (Not Children) are allowed access to Gym facilities within the hotel. CASE 3
Page 71
6(c) Provide statement regarding the AGES of children or young persons to be allowed entry AS THE HOTEL HAS ITS OWN LEISURE CLUB AND IS FREQUENTED BY MANY FAMILIES OF ALL AGES, CHILDREN AND YOUNG PERSONS ARE ONLY RESTRICTED FROM ENTERING ANY BAR WHEN NOT IN THE COMPANY OF A GUARDIAN OF THE AGE OF 18 AND OVER 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. AS THIS IS A HOTEL CHILDREN AND YOUNG PERSONS CAN FREQUENT HOTEL AT ALL TIMES AS MOST ARE RESIDENTS. ALL PUBLIC BARS WILL ONLY BE OPENED FROM 11AM AND AT THE LATEST 1AM. ALL FUNCTION BARS WILL BE OPENED WITHIN THE SAME PARAMETERS DEPENDING ON THE FUNCTION ORGANISERS REQUESTS. 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. ALL PARTS OF PREMISES EXCEPT BAR AREA UNLESS ACCOMPANIED BY AN ADULT. 6(f) Where will the Statement as to under-age supply of alcohol, required by Section 110 and the Sale of Alcohol to Children and young Persons (Scotland) Regulation 2007 No.93 and 313, be placed?. All public bar areas CASE 3
Page 72
Question 7 CAPACITY OF PREMISES 7(a) What is the total capacity of the Premises? ON SALES - 950 OFFSALES - 0.96 M2 7(b) Of the total, how many customers are expected to be standing? N/a 7(c) Of the total, how many customers are expected to be seated? All seated CASE 3
Page 73
Question 8 PREMISES MANAGER (NOTE: not required where the Application is by a Club or is for the grant of a Provisional Premises Licence. Here ‘Club’ means a Club which is within the Licensing (Clubs) (Scotland) Regulations, 2007 No.76.) Sec 20(4)(g) includes information about the premises manager, but (g) does not apply to clubs [125(2)], or to ‘provisional premises licence application’ [45(10)]. Personal details 8(a) Name Emma Brown 8(b) Date of birth 8(c) Contact address 8(d) Email address 8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence CASE 3
Page 74
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 …… Date …………………17.02.2025 Capacity ………………APPLICANT Address …………… Telephone number and email address of signatory Robert Kyle - Managing Director RAD Ltd * 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 3
Page 75
UP hand dryer hand dryer hand dryer FLM hand dryer hand dryer MIRROR STOOL DRY VANITY WET VANITY Up Up Ramp 1:15 1500 7.38 PLANT ROOM Up Up Proposed Staff Parking Area 8No. Bays Including 1 No. disabled SERVICE YARD SERVICEENTRANCE ROOMCOLD STORESPIRIT LINEN STORE STORESTORE ST. STORE STORESTORE TP Dr Up Up ST. ST. 9 0 0 F/B F/E F/B F/E F/BF/E C/P C/P C/P C/P C/P C/P C/P C/P C/P C/P C/P EL EL EL EL EL EL EL ELEL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL ELEL EL EL EL ELEL EL EL EL EL ELEL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL 4445 2701 14063 2701 13888 17441 14252842 391 1266 2450 5080 1995 22954 2010 6816 8474 20302768 5288 4335 3871 4865 3848 3876 20306 10808 5823 2132 4160 2149 5664 2680 2472 2707 7310 2866 704 4538 776 6380 1000 4370 12420 2145 30455 5954 6702851 2500 3495 25005625 10701 21271440 2065 403 6011 1137 6798 1137484 6064 5156 3370 1175 4208 590 9336 13103 7091 3714 8749 1571 10500 1500 27767 7565 1.6metre wide opening 1.6metre wide opening 1.6metre wide opening 1.6metre wide opening 1metre wide opening 1metre wide opening 1metre wide opening 1metre wide opening 1.9metre wide opening 1.9metre wide opening 1.9metre wide opening 1metre wide opening 1metre wide opening 1metre wide opening 1metre wide opening 1.4metre wide opening C/P 6192 4150 8438 2496 2496 7192 4761 2825 6403 2624 5652 2433 EL LEGEND Smoke detector/ alarm sounder Emergency light Fire Escape Heat detector/ alarm sounder Alcohol Display Alcohol Storage F/B Fire Blanket Fire ExtinguisherF/E Fire Alarm Call PointC/P Areas accessible to children and Young Persons Parts not accessible to children and Young Persons This drawing has been prepared with the sole purpose of obtaining statutory Planning Consent and Building Warrant Approval from the local authority and is for information purposes only. Do not scale from this drawing. Refer to dimensions provided. Should additional dimensions be required contact BD Architectural Services. Contractor to check all dimensions on-site prior to commencement of works Contractor to report any discrepancies on-site to BD Architectural Services during construction. This drawing is the property of BD Architectural Services Should further copies be required please contact. ARCHITECTURAL SERVICES DRAWING NUMBER: REVISION DRAWN BYSCALE PROJECT DRAWING TITLE STATUS DATE REVISION DATENOTES Seamill Hydro Hotel Seamill RAD Hotel Group Ground Floor Plan LICENSING FEB 25 1:200 2416-LIC-001 LOCATION PLAN 1:1250 SCALE BAR 1:200 0 5 10 20 30 40 A Updated to suit client 4.3.25 A CASE 3
Page 76
RWP RWP RWP RWP RWP RWP RWO RWO RT 3 Store Bar Store ST Fire Exit Arrival Landing STORE Office Area Room Ceremony Room DIS. Foyer Landing Male WC Female WC External Services Area Gallery Area Bridal Suite 13037 21900 687 7208 9162 429 4540 720 9174 5240 6203 7485 6855 13060 6855 4230 6194462270 4722 5324 2612 8042153 2309 2140 1470 4264 7025 3913 7278 9032 2374 1716 2402 1869 4040 1528 15303 9685 27074 5185 2842 27439 10726 2995 62562278 3077 4868 3871 14060 2080 12833 2080 1600 2844 1600 16280 7824 3726 2954 2077 7936 1993 6469 700 7831 644 684 1280 2340 1280 4501000 651 5000 1700 1730 1650 1650 7052099 1909 19087 EL EL EL EL EL EL EL EL EL EL EL EL EL EL 2288 5980 5846 EL LEGEND Smoke detector/ alarm sounder Emergency light Fire Escape Heat detector/ alarm sounder Alcohol Display Alcohol Storage F/B Fire Blanket Fire ExtinguisherF/E Fire Alarm Call PointC/P Areas accessible to children and Young Persons Parts not accessible to children and Young Persons This drawing has been prepared with the sole purpose of obtaining statutory Planning Consent and Building Warrant Approval from the local authority and is for information purposes only. Do not scale from this drawing. Refer to dimensions provided. Should additional dimensions be required contact BD Architectural Services. Contractor to check all dimensions on-site prior to commencement of works Contractor to report any discrepancies on-site to BD Architectural Services during construction. This drawing is the property of BD Architectural Services Should further copies be required please contact. ARCHITECTURAL SERVICES DRAWING NUMBER: REVISION DRAWN BYSCALE PROJECT DRAWING TITLE STATUS DATE REVISION DATENOTES Seamill Hydro Hotel Seamill RAD Hotel Group First Floor Plan LICENSING FEB 25 1:200 2416-LIC-001 LOCATION PLAN 1:1250 SCALE BAR 1:200 0 5 10 20 30 40 CASE 3
Page 77
CASE 4 THE LICENSING (SCOTLAND) ACT 2005 Application for Variations of Premises Licence Premises Licence Reference: Name and Address of Premises: 0244 Wylie Newsagents 18a Springvale Street Saltcoats KA21 5LP Applicant: Parmjit Singh Bains Type of Premises: Off-sales, local convenience store. Proposed Application: Amend core hours on Saturday and Sunday to 10.00am - 9.00pm. Change name of Premises to Springvale Food Wine Stores. Police Authority Comments: No objection Licensing Standards Comments: N/A Fire Authority Comments: No objection Protective Services Comments: No comments Community Council Comments: No Community Council Health Board Comments: No comments Section 50 Certificates: N/A Additional Comments: No Objections or Representations received. Hours requested are within the permitted hours.
Page 78
CASE 4
Page 79
PART B -VARIATION 8.1. 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 1 Minor Variations' but one Is not) E] 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 VT22 CASE 4
Page 80
CASE 4
Page 81
CASE 4
Page 82
CASE 4
Page 83
CASE 4
Page 84
CASE 4
Page 85
CASE 4
Page 86
CASE 4
Page 87
CASE 4
Page 88
CASE 4
Page 89
CASE 4
Page 90
18 February 2025 £220 bacs ADWS00375524 MC 7 March 2025 28 March 2025 28 April 2025 CASE 4
Page 91
AGENDA ITEM 4 Page 1 of 2 NORTH AYRSHIRE COUNCIL LICENSING BOARD – 28 APRIL 2025 EQUALITY OUTCOMES AND MAINSTREAMING REPORT – EQUALITY ACT 2010 REPORT BY THE CLERK TO THE BOARD ABSTRACT The purpose of this report is to advise members on the Board’s statutory reporting duty under the Equality Act 2010 and to present the Board’s Equality Outcomes and Mainstreaming Report (the “Report”) to the Board for approval. 1. RECOMMENDATIONS It is recommended that the attached Report is approved and agreed for immediate introduction by the Board. 2. LEGAL The attached Report has been prepared to comply with the Board’s specific duties, as a listed authority, under the Equality Act 2010. In terms of the Equality Act 2010 all listed authorities are required to comply with the following specific duties in accordance with either a 2 or 4 yearly reporting cycle: (i) report on the mainstreaming of the general equality duty (2 yearly reporting cycle); (ii) identify equality outcomes (4 yearly reporting cycle); and (iii) report on the progress of the achievement of equality outcomes (2 yearly reporting cycle) This Report marks the beginning of a new four-year reporting cycle, running from 2025 to 2029. It sets out the Board’s refreshed equality outcomes, which reflect its ongoing commitment to advancing equality and fostering inclusive practices. These are: 1) Licenced premises are accessible and inclusive for all individual, including those with disabilities; 2) The Board proactively engages with underrepresented groups to ensure their views shape policy and practice; and 3) The Board ensures that its decision-making processes are fair, transparent, and consider equality implications.
Page 92
AGENDA ITEM 4 Page 2 of 2 The Report also outlines how these outcomes will be mainstreamed into the Board’s functions and how progress will be measured over the reporting cycle. In carrying out its functions, the Board must also have due regard to the general equality duty set out in section 149 of the Equality Act 2010, which is to: - Eliminate unlawful discrimination, harassment and victimisation; - Advance equality of opportunity between people who share a protected characteristic and those who do not; and - Foster good relations between such groups. In accordance with the Board’s specific duties, the Report will be published on the Council’s website, once approved, to ensure transparency and promote accountability. 3. FINANCIAL IMPLICATIONS There are no direct financial implications arising from the approval or publication of the Report. Any actions identified as part of the implementation of the outcomes will be delivered within existing resources. 4. HUMAN RIGHTS IMPLICATIONS The Report supports the Board’s compliance with Human Rights legislation by promoting inclusive and non-discriminatory service provision. The Report aligns with the principles of dignity, equality and participation and is intended to support the protection and realisation of individuals’ rights, particularly those of vulnerable and underrepresented groups. 5. CONCLUSION The Board is requested to approve the Report, which will then be published on the Council’s website. This demonstrates the Board’s commitment to advancing equality and embedding inclusive practices in its decision-making and service delivery. The proposed Equality Outcomes provide a clear framework for promoting fairness, transparency and accessibility over the coming four-year cycle. Approval of the Report will allow the Board to meet its statutory duties under the Equality Act 2010.
Page 93
North Ayrshire Licensing Board Mainstreaming Report for 2025 to 2027 and Equality Outcomes Report for 2025 to 2029 (Under the Equality Act 2010)
Page 94
Accessibility Statement The North Ayrshire Licensing Board is committed to ensuring that this report is accessible to everyone, including individuals with disabilities or additional support needs. This document has been structured to follow best practices in readability, formatting and digital accessibility, making it easier to navigate for all users. Alternative Formats If you require this report in an alternative format, we can provide: • Large Print • Easy Read Version • Audio Format • Braille • Other Formats on Request To request an accessible version, please contact us using the following details below: Email: licensing@north-ayrshire.gov.uk Phone: 01294 310000
Page 95
Contents Accessibility Statement .......................................................... 2 Alternative Formats .............................................................................. 2 Contents ................................................................................... 3 Foreword .................................................................................. 4 1. Introduction ......................................................................... 5 1.1 Public Sector Equality Duty ............................................................ 5 1.2 Specific Duties ............................................................................... 6 1.3 North Ayrshire Council Licensing Board (“the Board”) .................... 7 2. Mainstreaming Equality ...................................................... 9 2.1 Mainstreaming in Practice ............................................................ 10 2.2 Monitoring Progress and Future Commitments ............................ 16 3. Equality Outcomes ............................................................ 18 3.1 North Ayrshire Licensing Board Equality Outcomes ..................... 19 3.2 Monitoring and Reporting on Progress ......................................... 21 4. Sustaining Progress on Equality ..................................... 22 4.1 Final Remarks .............................................................................. 23
Page 96
Foreword As Chair of the Licensing Board, it has been encouraging to see the work being carried by North Ayrshire Council’s Licensing team to ensure equal and fair access to our services and processes. This Equality and Mainstreaming report outlines the basis of our approach, highlights areas of specific consideration and provides monitoring information and details of the mainstreaming activity required to embed equality practices and support fair and equitable outcomes. The Licensing Board have a robust development plan to continually improve effective engagement with the public and licensed trade and are committed to embedding equality, inclusion, and human rights across all aspects of our Licensing policies and practices. Councillor Eleanor Collier Chair – North Ayrshire Licensing Board
Page 97
1. Introduction North Ayrshire Council Licensing Board (“the Board”), is committed to promoting equality, which means recognising that everyone has different needs and taking positive action to ensure that we are all able to participate equally in society. The Board has a legal requirement to produce and publish a set of equality outcomes and an equality mainstreaming report. The equality outcomes are the results we aim to achieve in promoting equality, tackling discrimination and fostering good relations. The equality mainstreaming report sets out how we are mainstreaming equality into the work we do. This report sets out both the Board’s equality outcomes and mainstreaming report from the year 2025. The legal requirements of this report are set out below. The equality outcomes and mainstreaming report apply across the protected characteristics contained and defined by section 4 of the Equality Act 2010 (“the Act”). 1.1 Public Sector Equality Duty The Public Sector Equality Duty (“PSED”) was introduced by the Act and applies to all public authorities. The PSED requires public authorities to consider how, through the exercise of their functions, they can help to contribute to a more equal society. The PSED covers the following protected characteristics: age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientations (referred to collectively as “the protected characteristics groups”). In addition, during 2024, North Ayrshire Council adopted ‘Care-Experienced’ as an additional local protected characteristic. The definition of Care Experienced is in its widest sense, including anyone who has been in any form of care. More information can be found at The Promise Scotland. In particular, the duty requires that a public authority must have regard to the following 3 needs: 1) the need to eliminate unlawful discrimination, harassment, victimisation and other prohibited conduct; 2) the need to advance equal opportunity between people who share a relevant protected characteristic and those who do not; and 3) the need to foster good relations between people who share a protected characteristic and those who do not. The obligation on a public authority to consider the 3 needs identified above is what is referred to collectively under a PSED. In practice, this means that a public authority must consider how it can eliminate discrimination, advance equality and foster good relations in everything it does; whether that be the design and delivery of its services, the decisions it makes or the policies it applies.
Page 98
1.2 Specific Duties In addition to the PSED, the Act also imposes specific duties. The specific duties require that certain actions are taken by public authorities and are intended to assist public authorities to comply with the PSED. Some of the specific duties also require to be reported on and published in accordance with a reporting cycle of either 2 or 4 years. The specific duties are summarised below and also demonstrated (in summarised form) on the spider chart below: • report on mainstreaming the equality duty (every 2 years) • publish equality outcomes (every 4 years) and a progress report (every 2 years) • assess and review policies and practices • gather and use employee information • use information on members or board members gathered by the Scottish Ministers • publish gender pay gap information • publish statements on equal pay • consider award criteria and conditions in relation to public procurement • publish in a manner that is accessible Unlike the PSED, the specific duties do not apply to all public authorities. Only “listed authorities”, the public authorities set out in secondary legislation called ‘Regulations’, are required to comply with the specific duties. The North Ayrshire Council and the North Ayrshire Council Licensing Board are both listed authorities.
Page 99
1.3 North Ayrshire Council Licensing Board (“the Board”) The Board is constituted in terms of Section 5 of the Licensing (Scotland) Act 2005. The Board deals with the grant and regulation of licences for the sale and supply of alcohol. Certain gambling matters also fall within the Board’s remit. The Board is comprised of 10 elected members of the Council. A Board must consist of at least 5 members. Board meetings are held in public but deliberations can be made in private. All Board decisions must be made in public. The Board is supported by a Clerk, a Depute Clerk and support staff. The Council also employs a Licensing Standards Officer. Despite having distinct legal personalities, the Licensing Board and the Council are closely linked. The members of the Licensing Board are North Ayrshire Councillors who are elected by the Council and the legal and administrative support provided to the Board is delivered by employees of the Council. In addition to staff, the Board also shares the Council’s resources: Board meetings are held in the Council’s buildings and the Board uses the Council’s services and facilities to conduct its business on a day-to-day basis. The close connection and the sharing of resources between the Licensing Board and the Council mean that the Board can benefit from actions undertaken by the Council to advance equality and comply with the specific duties. Elected members on the Board have the same opportunities as any other Councillors to receive equalities training. As Council employees, the staff who support the work of the Board can all receive training on equalities in accordance with the Council’s Equalities Policies. Those involved in policy development and review are able to access training. When Reports or other documents raising Policy issues are prepared for the Board (for example, the Licensing Policy Statements required under both pieces of primary legislation) these are accompanied by Equality and Children’s Rights Impact Assessments. Many of the actions described in the Joint Ayrshire Report and the Council’s Mainstreaming Report apply equally to the Licensing Board and its discharge of the specific duties as a listed authority. In particular, any actions undertaken by the Council in respect of its employees and access to Council services and facilities apply equally to the Licensing Board. Similarly, as all members of staff who assist the Board are employed by the Council, the Council’s Mainstreaming Report sets out how the Licensing Board is meeting the requirement to gather and use employee information, to publish gender pay gap information and to publish statements on equal pay. The Report sets out how the Board is meeting its duties in terms of equality and diversity legislation. In addition to the Public Sector Equality Duty set out at 1.1, the Board has objectives laid down in statute specifically related to work around which the Board must organise all of its licensing functions. The work of the Board in these two areas (alcohol licensing and gambling licensing) is underpinned by principles called ‘Licensing Objectives’ which are as follows:
Page 100
Alcohol The objectives under alcohol licensing are: • Preventing crime and disorder • Securing public safety • Preventing public nuisance • Protecting and improving public health • Protecting children (ages 0 to 15) and young persons (aged 16 or 17) from harm Gambling The objectives held within gambling licensing are: • 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 • Protecting children (aged 0 to 15) and other vulnerable persons from being harmed or exploited by gambling The Gambling Act 2005 does not itself extend the Licensing Objective to the protection of young persons (aged 16 or 17), but in North Ayrshire the Board has done this by including young persons in the definition of "vulnerable persons" in its Licensing Policy Statement.
Page 101
2. Mainstreaming Equality The Board is committed to embedding equality, diversity, and inclusion across all aspects of its work. Under the Act, public bodies have a legal duty to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. This applies to the Board’s role in regulating alcohol and gambling licences, ensuring that policies and decisions do not disadvantage individuals or groups with protected characteristics, such as age, disability, gender, race, religion, care experienced or sexual orientation. The Board recognises that licensing plays a key role in public safety, community well-being, and economic activity, and that fair and inclusive licensing policies contribute to a more equitable and accessible society. To achieve this, the Board takes a mainstreaming approach, meaning that equality considerations are not treated as a separate issue but are fully integrated into policy development, decision-making, and service delivery, for example, the Board’s Licensing Policy Statement has equality built into the Policy itself which reflects the overall position to prevent discrimination. Rather than being seen as an additional or optional step, equality is built into the Board’s processes, procedures, and priorities from the outset. This ensures that licensing policies and conditions proactively promote inclusivity and social responsibility, rather than simply reacting to discrimination or inequality after issues arise. Mainstreaming also requires a culture of awareness and accountability, where Board members and staff continuously consider how their decisions and policies impact different groups within the community. The Equality and Human Rights Commission (EHRC) provides guidance on mainstreaming the Public Sector Equality Duty (PSED), emphasising that equality should be a proactive, continuous process rather than a reactive or one-off action. This means ensuring that equality considerations influence the way licensing policies are developed, decisions are made, and services are delivered. The EHRC highlights the importance of embedding equality at a strategic level, using tools such as Equality and Children’s Rights Impact Assessments (ECRIA) to assess the potential impact of policies on different groups and ensuring that public bodies engage meaningfully with stakeholders to inform their decision-making. The specific public sector duty requires the Board to publish a report on progress made in integrating the equality duty into the Board’s activities and functions. This must show how mainstreaming equality has helped the Board achieve the key aspects of the equality duty outlined in the Act. To demonstrate mainstreaming in practice, the Board considers equality across key areas of its work, including licensing policies, licence conditions, ECRIA, community engagement, and training. Licensing policies are developed in consultation with the public and key stakeholders, ensuring they are inclusive and fair. Standard licence conditions help to promote accessibility and safeguard vulnerable individuals, while ECRIA ensure that the impact of licensing decisions on different groups is carefully assessed. The Board also engages with partners such as Police Scotland and is re-establishing the Licensing Forum to strengthen community input. Additionally, ongoing training ensures that Board members and staff remain aware of their responsibilities under equality law.
Page 102
By taking a structured, evidence-based approach to mainstreaming equality, the Board ensures that its licensing system supports fairness, transparency, and inclusivity, benefiting both businesses and the wider community. 2.1 Mainstreaming in Practice The Board deals with the administration and enforcement of the Licensing provisions of the above Acts including the processing of applications, considering complaints, the provision of information and advice to prospective applicants and members of the public and the preparation and submission of reports to the Board. The specific steps taken by the Board are considered below under the following headings: • Licensing Policies • Licence Conditions • Equality and Children’s Rights Impact Assessments • Community Engagement and Consultation • Training and Awareness Licensing Policies As part of the Board’s commitment to upholding the principles under the Act, the Board exercises its functions in accordance with its licensing policies which promote fairness, inclusivity and non-discrimination. The Board has two main policies in this regard: • Licensing Policy Statement adopted under section 6 of the Licensing (Scotland) Act 2005; and • Statement of Principles in terms of section 349 of the Gambling Act 2005 The Board’s Licensing Policy Statement acknowledges the importance of equality in regulating alcohol sales, aiming to create a safe and welcoming environment for all individuals, regardless of their background. It considers the impact of licensing decisions on vulnerable groups and seeks to mitigate any potential inequalities, aligning with the broader objectives of public safety, crime prevention, and public health. Additionally, the Board recognises the need to consider protected characteristics when granting, reviewing, or enforcing licences, ensuring that no individual or group faces disproportionate disadvantages due to its policies. In relation to gambling, the Statement of Principles reinforces the Board’s commitment to promoting social responsibility and preventing harm. The Board takes an evidence-based approach to licensing gambling establishments, ensuring that policies do not inadvertently contribute to inequalities, particularly among individuals who may be more vulnerable to gambling-related harm. A key focus is placed on protecting children and those at risk of exploitation, as well as ensuring that gambling premises operate fairly and transparently. In line with the Act, the Board also strives to ensure that its processes are accessible to all, taking into account the needs of individuals with disabilities and other protected characteristics. By embedding equality considerations into its licensing and regulatory framework, the Board demonstrates a proactive approach to fostering inclusivity and fairness in the local community.
Page 103
Licence Conditions The Board applies standard licence conditions as a key mechanism for ensuring that all licensed premises operate responsibly and in line with the Board’s commitment to equality and mainstreaming under the Act. Licensing plays a crucial role in shaping the social and economic landscape of local communities, and by embedding equality considerations within licensing conditions, the Board seeks to create an environment that is safe, inclusive, and accessible to all. The mainstreaming of equality within licensing policy ensures that no individual or group is disadvantaged as a result of the way premises are operated, and that the benefits of a well-regulated licensing regime are shared fairly across North Ayrshire’s diverse communities. Standard licence conditions set out clear expectations for licence holders, ensuring that premises operate in a way that aligns with the principles of fairness, public safety, and non-discrimination. These conditions typically cover a range of operational areas, including staff training, security measures, accessibility, and the protection of vulnerable individuals. For example, all staff working in licensed premises must be trained to understand their legal responsibilities, including the importance of preventing underage sales, identifying and responding to vulnerability, and ensuring that all customers are treated with dignity and respect. This training requirement not only enhances compliance with licensing laws but also helps to promote a culture of awareness, inclusivity, and responsibility within the licensed trade. The training requirements are laid out in the Licensing (Scotland) Act 2005 and are monitored by the Board’s Licensing Standards Officer (LSO) to ensure compliance with the legislation. A key focus of the Board’s mainstreaming approach is ensuring that licensed premises are inclusive and accessible to people with disabilities and those with other protected characteristics. Standard licence conditions support this goal by requiring licence holders to consider physical accessibility, communication needs, and the provision of assistance where necessary. For example, premises are expected to comply with accessibility standards for wheelchair users, provide clear signage, and ensure that staff are trained to assist customers who may require additional support, which is again monitored by the Board’s LSO. In doing so, the Board ensures that people with disabilities can access and enjoy licensed premises without facing unnecessary barriers or discrimination. The Board also recognises that some individuals may experience social or economic disadvantage, which can affect their ability to safely access and engage with licensed premises. As part of its commitment to mainstreaming equality, the Board seeks to ensure that licensing conditions do not disproportionately impact any group, particularly those who may be more vulnerable to harm. This includes ensuring that standard conditions do not unintentionally exclude individuals from employment or participation in the licensed trade due to factors such as age, disability, or socio- economic status. In line with the Board’s commitment to public protection, standard licence conditions place a strong emphasis on safeguarding children and other vulnerable individuals from harm. Premises are required to have robust age verification procedures in place to prevent underage access to alcohol or gambling, helping to reduce the risk of harm to young people. Additionally, staff must be trained to recognise and respond
Page 104
to indicators of vulnerability, such as intoxication, financial hardship, or coercive behaviour, ensuring that appropriate interventions can be made when necessary. The Board also works to ensure that licensing conditions support responsible business practices that minimise the potential for harm. For example, licensed premises may be required to implement measures such as CCTV, incident recording, and responsible service policies to deter crime and disorder while also promoting community safety. In the context of gambling, premises must have policies in place to support responsible gambling, including self-exclusion schemes, clear signage about gambling risks, and staff training on recognising problem gambling behaviours. These conditions reflect the Board’s broader mainstreaming objectives by ensuring that vulnerable individuals are protected from exploitation or harm. Another key aspect of the Board’s equality and mainstreaming approach is ensuring that the licensing process itself is fair, transparent, and accessible to all. The Board is committed to making sure that licence applications, reviews, and enforcement actions are conducted in a way that is free from bias and discrimination, ensuring that all applicants and licence holders are treated equitably. Standard conditions provide clarity and consistency in how licensing decisions are made, helping to reduce the risk of unfair treatment or arbitrary decision-making. Additionally, the Board takes proactive steps to ensure that licensing information is readily available and accessible to everyone, including those for whom English may not be their first language or who may require additional support to engage with the process. This includes making guidance documents available in alternative formats, ensuring that hearings and consultations are conducted in an inclusive manner, and working with stakeholders to promote greater engagement from underrepresented groups. The North Ayrshire Licensing Board recognises that equality mainstreaming is an ongoing process and that standard licence conditions must be regularly reviewed and updated to reflect emerging risks, legislative changes, and best practices. The Board takes a proactive approach to monitoring and evaluating the impact of licensing conditions to ensure that they continue to support the objectives of the Act. This includes working in partnership with local communities, public health agencies, law enforcement, and advocacy groups to identify areas where conditions may need to be strengthened or adapted to better serve the needs of all residents. By embedding equality into the development and enforcement of standard licence conditions, the Board ensures that licensing policy remains fair, effective, and inclusive. This approach not only supports local businesses and community safety but also reinforces the Board’s wider commitment to eliminating discrimination, promoting equal opportunities, and fostering good relations between different groups within North Ayrshire. Through this work, the Board plays a crucial role in ensuring that licensing contributes positively to the social, economic, and cultural well-being of the local area, in line with the principles of equality and mainstreaming.
Page 105
Equality and Children’s Rights Impact Assessments As part of its commitment to mainstreaming equality under the Act, the Board integrates Equality and Children’s Rights Impact Assessments (ECRIA) into its decision-making processes. ECRIAs are a vital tool for ensuring that the Board’s policies, practices, and licensing decisions do not discriminate against any individual or group and that they actively contribute to the promotion of equality and inclusion. By systematically assessing the potential impact of its licensing policies, the Board ensures that all individuals (regardless of their protected characteristics) have fair and equal access to licensed premises and services within North Ayrshire. ECRIAs allow the Board to identify and address any potential barriers or unintended consequences of its policies on different groups within the community. For example, when reviewing its Licensing Policy Statement or considering amendments to standard licence conditions, the Board proposes to conduct an ECRIA to assess how these policies might affect individuals with protected characteristics, such as those with disabilities, older people, or those from different racial and ethnic backgrounds. If a policy was to be found to disproportionately disadvantage a particular group, the Board would take steps to mitigate these impacts, either by amending the policy, introducing additional support measures, or providing guidance to licence holders on how to ensure compliance with equality principles. By embedding ECRIAs into its policy development process, the Board ensures that its licensing framework remains responsive to the needs of North Ayrshire’s diverse population. This approach aligns with its mainstreaming obligations by ensuring that equality is not treated as an afterthought but rather as a core consideration in every licensing decision. A key aspect of mainstreaming equality through ECRIA is ensuring that the assessment process is transparent and inclusive. The Board is committed to engaging with community groups, advocacy organisations, and members of the public to gather a wide range of perspectives on how licensing policies and decisions affect different groups. This engagement ensures that ECRIAs are not simply a bureaucratic exercise but rather a genuine opportunity to listen to and address community concerns. Where ECRIAs identify potential negative impacts, the Board considers how these can be mitigated or eliminated, working in partnership with other agencies, such as public health services, law enforcement, and equality organisations. Additionally, by publishing ECRIA findings where appropriate, the Board ensures accountability and openness in its decision-making, allowing the public to see how equality considerations have shaped licensing policies and practices. The North Ayrshire Licensing Board recognises that equality mainstreaming is an ongoing process and that ECRIAs must be continuously reviewed and improved to remain effective. The Board is committed to regularly evaluating the impact of its licensing policies and conditions, ensuring that they continue to align with the principles of fairness, accessibility, and inclusivity. By taking an adaptive approach, the Board ensures that its licensing framework evolves in response to emerging equality issues, demographic changes, and shifts in community needs.
Page 106
Through the integration of Equality and Children’s Rights Impact Assessments, the Board reinforces its commitment to embedding equality at the heart of licensing regulation. This approach not only helps to eliminate discrimination and promote equal opportunities but also ensures that the licensing system contributes positively to the social and economic well-being of North Ayrshire’s communities. By using ECRIAs as a tool for inclusive decision-making, the Board continues to uphold its duty to mainstream equality across all aspects of its work, ensuring that licensing policies support a fair, safe, and diverse society. Community Engagement and Consultation As part of its commitment to mainstreaming equality, the Board recognises the importance of engaging with key stakeholders and the wider community to ensure that licensing policies and decisions are fair, transparent, and inclusive. Meaningful consultation helps the Board to understand the potential impact of licensing on different groups, particularly those with protected characteristics under the Act. By incorporating a range of perspectives into its decision-making processes, the Board ensures that licensing policies and practices reflect the needs of the community while upholding the principles of equality, fairness, and accessibility. The Board carries out formal consultation as part of the licensing process. When considering applications for new licences, variations, or reviews, the Board seeks input from statutory consultees, including Police Scotland, to assess the impact on crime prevention, public safety, and the protection of vulnerable individuals. Additionally, when developing or reviewing key policies (such as the Licensing Policy Statement or the Statement of Principles for Gambling) the Board conducts public consultations to invite feedback from businesses, residents, and community organisations. This allows for wider participation in shaping licensing policy and ensures that potential equality concerns are identified and addressed at an early stage. To further enhance community engagement, the Board is in the process of re- establishing a Licensing Forum, which will include representatives from a range of sectors, such as the licensed trade, public health, Police Scotland, and local community groups. The Forum will serve as an advisory body, providing insights into how licensing policies affect different sections of the community and offering recommendations on improving inclusivity and social responsibility in licensed premises. By re-establishing this Forum, the Board aims to create a structured and ongoing dialogue between key stakeholders, ensuring that equality considerations remain at the forefront of licensing discussions. While formal consultation is a crucial part of the licensing process, the Board is also committed to continuous improvement in how it engages with underrepresented groups. Going forward, there is an opportunity to explore wider outreach efforts, including engagement with organisations that support individuals with disabilities, minority ethnic communities, and those affected by alcohol or gambling-related harm. By broadening the scope of engagement, the Board can strengthen its commitment to mainstreaming equality, ensuring that the voices of all residents are considered in the licensing system.
Page 107
Through its consultation processes and the re-establishment of the Licensing Forum, the Board reinforces its commitment to inclusive, transparent, and fair decision- making. By listening to and acting upon the concerns of local communities and key stakeholders, the Board ensures that licensing policies support public safety, economic growth, and social responsibility, while also aligning with its equality and mainstreaming objectives. Training and Awareness To support the effective mainstreaming of equality and diversity, the Board recognises the importance of ensuring that Board members, staff, and key stakeholders are properly trained and informed about their responsibilities under the Act. Training is essential in ensuring that licensing decisions are made fairly, consistently, and without discrimination, while also promoting an awareness of the potential impact that licensing policies and conditions may have on individuals with protected characteristics. Board members receive ongoing training from the Council’s Equalities and Inclusion Officer on their statutory responsibilities, including their obligations under equality legislation and the importance of considering equality impacts when making licensing decisions. This ensures that decisions are objective, evidence-based, and free from bias, helping to create a licensing framework that is fair and inclusive. Training also covers areas such as unconscious bias, accessibility considerations, and the impact of licensing on vulnerable individuals, ensuring that Board members take an informed and balanced approach when assessing applications or reviewing policies. In addition to training for Board members, staff involved in processing applications and enforcing licensing conditions also receive guidance on equality considerations. This includes training on how to interact with diverse communities, identify potential discrimination risks, and ensure that all applicants and licence holders are treated equitably. By equipping staff with this knowledge, the Board ensures that licensing processes remain transparent, accessible, and inclusive for all individuals, regardless of their background. Furthermore, the Board acknowledges the importance of raising awareness among licence holders about their responsibilities under equality legislation. While compliance with standard licence conditions already requires premises to operate responsibly, additional training and guidance for licence holders (particularly around preventing discrimination, supporting accessibility, and safeguarding vulnerable individuals) can help reinforce good practice within the licensed trade. Where appropriate, the Board works with partner organisations to provide information and resources that assist licence holders in understanding their equality obligations. By prioritising training and awareness, the Board ensures that equality is embedded into all aspects of its licensing functions, from policy development to decision-making and enforcement. This proactive approach helps to ensure that the Board not only meets its statutory obligations but also promotes a culture of inclusivity, fairness, and respect within the licensing system.
Page 108
2.2 Monitoring Progress and Future Commitments The Board recognises that mainstreaming equality is an ongoing process that requires regular monitoring, evaluation, and continuous improvement, in addition to its specific statutory reporting duties. Embedding equality within licensing is not a one-time action but a continuous commitment to ensuring that policies and decisions remain fair, inclusive, and non-discriminatory. This means regularly assessing how licensing policies impact different groups, engaging with stakeholders to identify concerns, and making necessary adjustments to ensure that the licensing framework supports the needs of all individuals, businesses, and communities. A key part of this commitment is the review of licensing data and trends. The Board monitors how licensing decisions affect different groups within the community and considers whether any trends indicate potential inequality or unintended negative consequences. Where possible, data will be analysed in relation to protected characteristics, such as age, disability, or gender, to identify any disparities in how licensing policies are applied or decisions on specific applications are made. For example, the Board will consider statistics and its Overprovision Policy in the decision-making process of Premises Licence applications. This allows the Board to take proactive steps to address potential inequalities before they become more significant issues. The use of ECRIAs is central to this approach. These assessments help the Board to identify, assess, and mitigate any adverse effects of licensing policies on different groups, ensuring that equality considerations are embedded within the decision-making process. Crucially, ECRIAs are not static documents, they are reviewed and updated in response to new information, ensuring they remain relevant and effective over time. Another important element of monitoring progress is stakeholder engagement. The Board regularly consults with key statutory partners, such as Police Scotland and Health Board representatives, to ensure that licensing policies reflect wider public interest considerations, including the protection of vulnerable individuals. Beyond statutory consultation, the Board is also focused on broadening its engagement with the wider community, ensuring that diverse voices are reflected in licensing decisions. The re-establishment of the Licensing Forum is a crucial step in this direction, as it will provide a structured platform for discussion and feedback from representatives of the licensed trade, community groups, and other relevant stakeholders. This Forum will help to ensure that the Board remains responsive to emerging concerns, while also offering a space for constructive dialogue on how licensing policies can continue to promote fairness and inclusion. Looking ahead, the Board is committed to enhancing training and awareness for both its members and staff. While training on equality and accessibility is already embedded into the Board’s development framework, the Board will explore ways to expand and update these learning opportunities. This could include more in-depth training on specific protected characteristics, ensuring that Board members have a deeper understanding of how licensing policies may affect different groups in different ways. Training could also be expanded to cover new developments in equality legislation and best practices from other licensing authorities, ensuring that the Board remains at the forefront of fair and inclusive decision-making.
Page 109
The Board also recognises the importance of data collection and analysis in strengthening its approach to equality mainstreaming. By improving how it gathers and uses equality-related data, the Board can develop more evidence-based policies and ensure that licensing conditions remain proportionate, effective, and responsive to community needs. This could involve exploring new ways to gather feedback from licensees, community members, and equality groups, as well as assessing whether certain licensing requirements disproportionately affect specific groups. The insights gained from this work will enable the Board to refine its approach to equality mainstreaming, ensuring that policies continue to reflect best practice and legal obligations. Finally, the Board is committed to ongoing policy review and refinement to ensure that its approach to licensing remains inclusive, adaptable, and aligned with evolving societal needs. As part of this, future licensing policy reviews will take into account changing demographics, emerging equality challenges, and feedback from public consultations. This will help ensure that the Board continues to take a proactive approach to equality rather than simply responding to concerns when they arise. The Board will also seek to learn from best practices across Scotland and beyond, ensuring that its policies reflect the most effective and forward-thinking approaches to inclusive licensing. By maintaining a structured and evidence-based approach to monitoring progress and planning for the future, the Board ensures that its licensing framework remains fair, transparent, and inclusive. This ongoing commitment benefits both businesses and the wider community, ensuring that licensing continues to contribute to a safe, diverse, and accessible environment for all.
Page 110
3. Equality Outcomes While mainstreaming equality ensures that fairness, inclusivity, and non- discrimination are embedded across all aspects of the North Ayrshire Licensing Board’s work, setting specific equality outcomes provides a clear framework for measuring progress and driving meaningful change. The Board operates within the requirements of the Public Sector Equality Duty (“PSED”), which places a legal obligation on public bodies to eliminate discrimination, advance equality of opportunity, and foster good relations between individuals with different protected characteristics. As part of this duty, the Board is required to develop and implement equality outcomes, measurable goals designed to improve experiences and remove barriers for those who may face disadvantage within the licensing system. An equality outcome differs from broader commitments to equality in that it is a targeted, results-driven objective aimed at achieving specific, positive change for people who share protected characteristics under the Equality Act 2010 (“the Act”). While mainstreaming ensures that equality considerations are consistently applied across policies, processes, and decision-making, equality outcomes take this a step further by setting defined priorities and tracking progress over time. These outcomes help to ensure that the Board’s efforts to promote equality are not just passive or reactive, but proactive and strategic, addressing areas where disparities exist and where improvements can be made. The process of setting equality outcomes involves careful consideration of local needs, engagement with key stakeholders, and alignment with national equality priorities. In developing these outcomes, the Board has drawn upon insights gained through its licensing policies, standard licence conditions, Equality and Children’s Rights Impact Assessments (ECRIA), and consultation with organisations such as Police Scotland and community representatives. The outcomes have also been shaped by the Board’s commitment to training and awareness-raising, ensuring that members and staff are well-equipped to make decisions that support fairness, accessibility, and inclusivity. Additionally, the equality outcomes take into account wider social and economic factors that may influence licensing. The Board recognises that licensing decisions have real-world implications, from ensuring that licensed premises are welcoming and safe for all individuals to addressing the potential disproportionate impact of alcohol and gambling on certain groups. By setting focused equality outcomes, the Board can work towards making sure that the licensing system serves all communities equitably, supporting responsible business growth while also safeguarding those who may be more vulnerable to harm. These equality outcomes are not static and they will be subject to ongoing monitoring and periodic review to ensure they remain relevant and effective. As part of this process, the Board will continue to engage with stakeholders, review equality data, and assess how well its policies are meeting the needs of different groups. The following section presents the Board’s equality outcomes in table format, setting out the intended aims, key actions, and methods for monitoring progress. This structured approach ensures that the Board remains accountable for its equality commitments
Page 111
and continues to work towards a more inclusive licensing framework for North Ayrshire. 3.1 North Ayrshire Licensing Board Equality Outcomes The Board has set equality outcomes to ensure its licensing policies and decisions actively promote fairness, accessibility and inclusion. These outcomes align with the Board’s PSED obligations and address key areas where positive change can be made. The table below outlines each outcome, along with the key actions and measures for tracking progress. These will be regularly reviewed to ensure they remain effective and relevant to the needs of North Ayrshire’s communities. Equality Outcome Relevant Protected Characteristics PSED Duty Area Key Actions Licensed premises are accessible and inclusive for all individuals, including those with disabilities Disability, Age, Race, Pregnancy and Maternity Advance equality of opportunity • Encourage licence holders to adopt accessibility best practices • Consider accessibility requirements when setting licence conditions The Board proactively engages with underrepresented groups to ensure their views shape policy and practice All Foster good relations and advance equality of opportunity • Re-establish the Licensing Forum with diverse representation • Ensure public consultations on licensing policies are widely promoted through various channels to promote maximum participation
Page 112
Equality Outcome Relevant Protected Characteristics PSED Duty Area Key Actions The Board ensures that its decision-making processes are fair, transparent and consider equality implications All Eliminate discrimination and advance equality of opportunity • Ensure Equality and Children’s Rights Impact Assessments (ECRIA) are conducted for all major policy decisions • Provide plain language summaries of licensing decisions to make them more accessible to the public • Encourage applicants to demonstrate how they will promote equality within their premises as part of the licensing process
Page 113
3.2 Monitoring and Reporting on Progress The North Ayrshire Licensing Board is committed to ensuring that its equality outcomes remain effective in promoting fairness, transparency, and inclusivity. In line with the PSEDs, the Board is required to publish a progress report every two years. This report will assess the steps taken towards achieving the identified equality outcomes and will highlight areas where further action may be needed. To support this, the Board will: • Review and analyse relevant data collected through engagement with stakeholders, licensing compliance checks, and equality and children’s rights impact assessments. • Engage with key stakeholders, including Police Scotland, public health bodies, and equalities organisations, to gather feedback on how licensing policies and decisions are impacting different groups. • Monitor key indicators of progress for each equality outcome, assessing whether actions taken are leading to measurable improvements. • Ensure transparency by publishing the progress report online and making it accessible to the public and interested organisations. • Use findings to inform future policy and practice, making adjustments to licensing processes and conditions where necessary to better support equality and inclusion. The Board will also ensure that, at the end of each four-year cycle, the equality outcomes are fully reviewed and refreshed, taking into account any legislative changes, emerging equality issues, and feedback from stakeholders. This approach will ensure that equality considerations remain embedded in the Board’s decision- making and regulatory responsibilities.
Page 114
4. Sustaining Progress on Equality The North Ayrshire Licensing Board remains committed to promoting equality, fairness, and transparency in all aspects of its licensing responsibilities. This report has outlined how the Board is mainstreaming equality into its policies, decision- making processes, and engagement with the community. It has also set out clear equality outcomes designed to advance fairness and inclusivity across North Ayrshire’s licensing framework. However, equality is not a one-off commitment, it requires continuous improvement, ongoing dialogue with stakeholders, and regular reflection on the effectiveness of policies and practices. Over the next two years, the Licensing Board will focus on building upon the progress already made and strengthening its approach to equality in the following key areas: • Monitoring and Reviewing Progress – The Board will ensure that the equality outcomes remain relevant and effective by regularly reviewing progress and addressing any emerging equality challenges. The statutory two-year progress report will provide a transparent update on achievements and areas for improvement. • Enhancing Engagement and Consultation – Efforts will continue to ensure that all communities have a voice in shaping licensing policies. The Board will work to increase participation from underrepresented groups in consultations and enhance accessibility to decision-making processes. • Improving Training and Awareness – The Licensing Board is committed to expanding training opportunities for its members and staff, ensuring they remain well-informed on equality legislation, unconscious bias, and inclusive decision-making. • Strengthening Data Collection and Evidence-Based Decision-Making – The Board will explore ways to gather better equality-related data to assess how licensing policies impact different groups, ensuring that decision-making is informed, fair, and inclusive. • Embedding Equality Further in Licensing Policy – The Board will continue to review and refine its policies, ensuring that licensing conditions, guidance, and enforcement practices align with its commitment to equality and non- discrimination.
Page 115
4.1 Final Remarks The Board recognises that licensing decisions play a crucial role in shaping safe, inclusive, and fair communities. By embedding equality considerations into its core functions, the Board aims to create a licensing framework that promotes public safety, supports diversity, and ensures fair access to licensed services for all residents. The Board remains committed to ongoing learning and adaptation, responding to the needs of the community and working collaboratively with key stakeholders to ensure that licensing policies continue to uphold the principles of fairness, transparency, and equality. As the Board moves forward, it will continue to listen, engage, and evolve, ensuring that its work reflects the diverse needs of North Ayrshire’s communities while meeting its statutory duties under the Equality Act 2010. Through proactive engagement, robust decision-making, and a commitment to equality, the Licensing Board will strive to create a licensing system that is not only legally compliant but also inclusive, responsive, and reflective of the values of equality and fairness.