31 October 2022 - Agenda
North Ayrshire Council · 31 October 2022
Back to North Ayrshire Licensing Board — 31 October 2022 and its agenda
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Cunninghame House Irvine KA12 8EE 25 October 2022 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 31 October 2022 at 10.00 A.M. to consider the undernoted business. Yours faithfully Clerk to the Licensing Board 1. Declarations of Interest 2. Minutes Submit Minutes of the Board Meeting held on 5 September 2022. 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. Chief Constable’s Annual Report Submit report for noting. *** (refer to Notice to Applicants and Licence Holders on page 7) 5. Any Other Business
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Licensing Board Sederunt: Eleanor Collier (Convenor) Chair: Nairn McDonald (Vice-Convenor) John Bell Christina Larsen Jean McClung Matthew McLean Donald L Reid Ronnie Stalker Angela Stephen Apologies: Meeting Ended:
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Agenda Item 3 31 October 2022 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 appendices. Each appendix contains a Report prepared by licensing staff for each individual case before the Board. These Reports set out the particular factual and legal issues which licensing staff consider arise in each case, and set out the action which the Board would be entitled to take. 2.2 Where relevant, the reports have been copied to the Applicants or Licence- Holders. Where objections or representations are competent, these have been copied to the Applicant so that a response might be made at the Board Hearing. 3. Proposals 3.1 In each case, after considering the Application and after hearing any submissions for the Applicant and persons making objections or representations, the Board should determine whether or not to grant the Application or take appropriate action.
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4. Implications/Socio-economic Duty Financial: There are possible financial implications in relation to any Licensing decision. Human Resources: None. Legal: There are possible legal implications in relation to any licensing decision. Many Board decisions may be appealed against, but not all, and not all parties to a case have a right of appeal. Equality/Socio- economic Duty: Equality Act 2010 imposes duties on the Council: Section 1(1) (“Public sector duty regarding socio- economic inequalities”): the Council: “must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage”. Section 149(1) (“Public sector equality duty”) the Council: “must, in the exercise of its functions, have due regard to the need to- (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under [that Act]; (b) advance equality of opportunity between persons who share a “Relevant Protected Characteristic” and persons who do not share it; (c) foster good relations between persons who share a “Relevant Protected Characteristic” and persons who do not share it.” The “Relevant Protected Characteristics” are age; disability; gender reassignment, pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The Clerk has considered these Duties in preparing this Report and any specific impacts will be evaluated where appropriate. Unless the Clerk advises the Board otherwise in a particular case, there are no significant impacts to be considered.
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Climate Change and Carbon: None Key Priorities: An effective licensing system, for example monitoring the ‘fit and proper’ status of licence-holders and the suitability of premises, helps progress towards one Priority Outcome of the draft North Ayrshire Council Plan 2019-2024: “North Ayrshire’s residents and communities are safe”. 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 William O'Brien, Solicitor (Licensing), on licensing@north-ayrshire.gov.uk. Background Papers 0
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APPENDIX A Premises Licence Applications or any other Applications requiring a Hearing Case No. Licence No. Applicant/Licence Holder Premises Comments The Carrick 112-114 High Street Irvine KA12 8AH Application for Variation of Premises Licence – Section 29 Continued from 5/9/22 Premier Caldon Road 40/42 Caldon Road Irvine KA12 0RF Application for Variation of Premises Licence – Section 29 Continued from 5/9/22 Auchrannie Hotel Spa Resort & Country Club Brodick Isle of Arran KA27 8BZ Application for Variation of Premises Licence – Section 29 BP Girdle Toll Service Station Littlestane Road Long Drive Irvine KA11 2DJ Application for Variation of Premises Licence – Section 29 Beith Bowling Club Boghead Beith KA15 1DZ Application for Variation of Premises Licence – Section 29 Riviera Coffee 6 The Promenade Largs KA30 8BG Application for grant of Provisional Premises Licence – Section 45 1934 Club Kilmory Hall Kilmory Isle of Arran KA27 8PQ Application for Occasional Licence – Section 56 1. 0327 Greene King Retailing Ltd Page 8 2. 0392 Jujhar Singh Store Ltd Page 12 3. 0103 Auchrannie Leisure Ltd Page 14 4. 0488 Motor Fuel Limited Page 17 5. 0299 Beith Bowling Club Page 18 6. 0526 Maria Timis Page 20 7. Joseph Henry Fitzsimmons Page 23 8. 596/22 1934 Club Page 24
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Page 1 of 19 North Ayrshire Licensing Board Case Summaries Meeting: Monday 31 October 2022 at 10.00 a.m. Notice to Applicants and Licence-Holders ' *** ' in the list below means that the case has a detailed report which will be included in the Agenda published on the Board website and which will be copied to the Applicant or Licence-Holder. Cases which are not marked ' *** ' do not have a detailed report, but the Board will have this 'Case Summaries' document which will outline the issues (for example, what the Applicant wants and what the legal considerations are). As well as any reports or Case Summaries, the Board members will have Background Papers, such as all the letters and emails from anyone commenting on the case, like the Police, Council Departments and members of the public. Abbreviations: "PL" : Premises Licence "PLH": Premises Licence Holder "DPM": Designated Premises Manager (in a Premises Licence)
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Page 2 of 19 1. PL 0327: "The Carrick" 112-114 High Street, Irvine, KA12 8AH Licence Holder: Greene King Retailing Ltd Application for Variation of Premises Licence – Section 29 [a] History On Monday 5 September 2022 the Board granted some of the Variations requested and continued consideration of the remainder pending a site visit by Members, which has since taken place. The Variation requests granted: 2. Addition of new outdoor drinking area on the High Street frontage 3. Amend Description of Premises accordingly 4. Increase capacity to include outside front pavement area The Variation requests continued: 1. Extension to rear “Outdoor Drinking Area” 4. Increase capacity to include rear outdoor area (32 persons requested) The proposed pavement area had in fact been used since on a sequence of Occasional Licence, although following a Police representation the capacity allowed was only 16 persons (not the 26 that the Applicants requested). NAC Roads granted Roads Consent under the Roads (Scotland) Act 1984, Section 59, on the basis that the pavement cafe left at least the recommended 2-metre width free for pedestrians. [b] Police representation: 31 May 2022 The Police made a representation by letter of 31 May 2022 but this pre-dates the Board's consideration on 20 June 2022, when the Board agreed in principle to allow the use of Occasional Licences prior to the determination of a Variation Application. Both the letter and the Minutes are below. The Police said: "... The concerns in relation to increasing the outdoor space at the rear of the property, are that the increased capacity, increased noise and the potential increase in foot fall in the busy East Road Carpark could cause disorder in this area. The variation to the front of the premises consists of a street café: There is the concern that this variation could impact on existing businesses and if successful does set a precedent for the nearby licensed premises being granted similar street café’s. In relation to the proposed street café and footpath location which is afforded no protection from vehicles, it is situated on the side of Irvine’s busiest bus routes, in close proximity to Irvine Cross and is adjacent to the Music Room property, where the customers are predominately school aged children and could have a potential noise and disorder implications. CASE 1
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Page 3 of 19 In terms of Section 22(1)(b)(ii) and (iii) of the Licensing (Scotland) Act 2005, I am of the opinion that the variation in its current form should be modified so that the street café is removed from this variation and that the concerns raised in this letter are addressed." [c] NALB Minutes: 20 June 2022 "A.8 204/22 Greene King Retailing Ltd - Application for Occasional Licence Sections 56-61, Pavement Area, The Carrick, 112-114 High Street, Irvine The Board considered an application for Occasional Licence made by Greene King Ltd. The applicant was represented by Adrian Howlett and was accompanied by Catherine Blunn, General Manager and Premises Manager, The Carrick. Chief Inspector Paterson read the content of the objection letter from Police Scotland. If the Board were minded to grant the application, he suggested that the area is suitably cordoned off and the number of tables is limited to 4 with number of patron being 16 in total. Mr Howlett then addressed the Board. He explained the request is for a licensed pavement café with occupant capacity of 26 at full capacity. The area will be protected by café barriers commonly seen throughout Scotland. CCTV cameras will monitor the area from the bar and the area is visible from inside the premises. The S59 pavement area consent has already been granted. As the dates on the application have now passed, he would like the licence to commence from today for 14 days and the ability to submit subsequent applications until such times as the Board determine the Major Variation application submitted for the use of the same area. He explained that the use of Occasional Licences for this area would give them the opportunity to show how successful the area could be operated. Acknowledging the objection from Police Scotland, Mr Howlett advised Ms Blunn has many years’ experience in the trade and returned to The Carrick in December 2021. Following the pandemic outdoor areas are more common and the pavement area will allow their customers more choice to sit outside. Mr Howlett confirmed that The Carrick currently have an outdoor drinking area at the back of the premises which is also currently being extended by use of Occasional Licences. Chief Inspector Paterson highlighted that the pavement area is in an extremely busy bus route and barriers would not provide adequate protection. Referring to the proposal to build amenity flats directly across from the area, Councillor Larsen highlighted the potential noise nuisance from an outdoor area. Ms Blunn then addressed the Board. She advised that there is ample room on the pavement area for passers-by and noise pollution would be kept under control as it is inside the premises. She advised that tables would be removed from the pavement area at 8.00pm and there will be no standing permitted, only seated. A member of staff would be on duty to monitor this area. The covered outdoor area at the back of the building is mainly used for smoking and no neighbour complaints have been received in the use of that area. During local events such as Marymass when the town is exceptionally busy, Ms Blunn confirmed to Councillor Larsen that the outdoor pavement area would not be used on CASE 1
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Page 4 of 19 these days. Tables and chairs will be removed every day and would not be used at Marymass time. Referring to questions from Councillors Reid and Larsen, Ms Blunn advised that both food and drinks will be consumed in the outdoor pavement area customers would not be time limited, the area will be closely monitored and will provide a nice environment for customers to sit in. The Clerk noted the intended barriers to be used has previously been agreed by the Board. Mr Pollock confirmed the agreement was 780mm high x 1600mm for the canvas banner and 980mm high x 300mm for the post. Referring to the capacity, Mr Howlett advised the request for a capacity of 26 would be spread over 2 areas with 12 people on the right hand side of the doorway and 14 people on the left hand side of the doorway. Providing 1m2 for each person. Both the Convenor and Councillor Larsen noted the recommendation from Police Scotland for the maximum capacity to be 16 people. The Board adjourned with the Clerk at 11.09 am to deliberate in private and re-convened at 11.39 am. Councillor McDonald asked the LSO if there was any history of complaints for The Carrick. Ms Cullen confirmed there have been no complaints in a very long time. Ms Blunn clarified to Councillor Larsen extra staff will be in place and a staff member will be on duty at each section with extra checks in place in the outdoor area as well as being all seated and the use of plastic containers. Councillor Reid highlighted the potential concern smoking in the outdoor pavement area could cause, Ms Blunn noted that customers currently use the outdoor area at the back for smoking and Mr Howlett advised they could not enforce no smoking on the pavement outdoor area. Ms Blunn intended the area would attract people on a nice day for food and drinks. Mr Howlett confirmed to Councillor Reid their preference on the use of the area is from 11.00am until 10.00pm however noted that they would start to wind down at 8.00pm with the weather having a major impact on its use. Councillor Larsen sought clarification on when tables would be removed. Ms Blunn had earlier advised tables would be removed at 8.00pm but Mr Howlett noted they would wind down from 8.00pm. Ms Blunn confirmed once they stopped supplying food they would intend to bring in the seating from outside so as not to encourage enhanced drinking facilities in this area. Regarding the days the pavement area would not be used, Ms Blunn confirmed to Councillor Larsen as well as at Marymass time they would not use this area when other parades take place, during high profile football matches or at any time when it would cause an obstruction. Mr Howlett advised Councillor Larsen they would prefer not to restrict the use of the outdoor pavement area for drinks only supplied with food, the premises are well run, and the Manager would control the outside as she does inside. Ms Blunn confirmed CCTV covers the full area and will be monitored behind the bar with images retained for 28 days. CASE 1
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Page 5 of 19 Having considered the submissions made, the Councillor Larsen proposed that the Board grant the Occasional Licence application from 12noon until 8.00pm, with the capacity of 16 persons as recommended by Police Scotland and the area would not be set out and used during events such as Marymass and other parades, and during high profile football matches. Councillor McDonald seconded the motion. There was no amendment. The Board unanimously agreed without dissent or abstention to grant. The Clerk acknowledged future Occasional Licence applications that mirror this would not require to be determined by the Licensing Board." [d] Suggested decision The Board might grant the proposed variation. No variation decision is ever 'final', in that the Board can review the position later if either: - a third-party complainer (such as a neighbour or the Police) makes a Premises Licence Review Application to the Board under Section 36 or - the Board themselves make a Premises Licence Review Proposal under Section 37 (e.g. following a report from the Council's Environmental Health Department). The Board are unlikely to take Section 37 action if there are complainers who could make a Section 36 application but choose not to do so. If the Police concerns continued after the earlier Board decision and were evidenced by actual incidents of disorder associated with the pavement cafe they could return to the Board at any time with a Review Application, inviting the Board to vary the Licence so as to remove or restrict the pavement cafe. There is no 'precedent' being set in relation to other Premises which might later seek 'pavement cafes' because it remains the case that each proposal would be looked at by the Board on a case-by-case basis, but the presumption would be that if a proposal has Roads Consent, it can have a Licence (Bapu Properties Ltd. v City of Glasgow Licensing Board, [2012] ScotSC 26, Glasgow Sheriff Court). The pavement at "The Carrick" is wide, whereas other pavements may not allow enough free width. When NAC Roads grant Roads Consent under the Roads (Scotland) Act 1984, Section 59, they do so on a case-by-case basis, typically requiring that the pavement cafe should leave at least the recommended 2-metre width free for pedestrians. CASE 1
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Page 6 of 19 2. PL 0392: "Premier Caldon Road", 40/42 Caldon Road, Irvine, KA12 0RF Licence Holder: Jujhar Singh Store Ltd Application for Variation of Premises Licence – Section 29 Note: this case was considered by the Licensing Board at their meeting on 5 September 2022 and was then continued. No. Variation 1 Amend layout plan following extension, relocating alcohol display 2 Increase alcohol display capacity from 25.61 m2 to 36.415 m2. V.1 is unobjectionable and on its own would be a 'Minor Variation' – a mandatory grant – but see V.2. V.2 is inconsistent with the Board's overprovision policy, which creates a presumption of refusal. The presumption of refusal is doubly-enhanced because of both: (a) the "Locality" – the presumption of refusal is enhanced in the "Irvine and area" Locality (the policy is related to health and social problems) and (b) the "Function Type" – off-sales Overprovision Policy 1. Section 23(5)(e) is: "(5) The Grounds for Refusal are— ... (e) that the Board considers that, if the Application were to be granted, there would, as a result, be Overprovision of Licensed Premises, or Licensed Premises of the same or similar description as the subject premises, in the Locality." Section 23(5) was amended by the Air Weapons and Licensing (Scotland) Act 2015, Section 55(3) with effect from 30 September 2016 (Commencement Order 4, S.S.I. 2016-132). 2. There is a rebuttable presumption of refusal due to Scottish Government guidance and the Board's own Licensing Policy Statement (LPS 2018-22, Annex D). It is not necessary, for the presumption of refusal to apply, for there to be any objection made by a third party. 3. The Policy is only a guideline and does not set rigid quotas. It would always be open to the particular Applicant to seek to persuade the Board that the Application should be granted. The Board will expect Applicants who are seeking the grant of a new Licence (or the increase in capacity in an existing Licence) to provide robust and reliable evidence as to why the benefit to each of the Licensing Objectives outweighs the apparent detriment to those Licensing Objectives. CASE 2
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Page 7 of 19 4. The Licensing Policy Statement includes: "The Board will expect Applicants who are seeking the grant of a new Premises Licence or a Variation which increases the capacity under an existing Licence to provide robust and reliable evidence as to why the benefit to each of the Licensing Objectives outweighs the apparent detriment to those Licensing Objectives. The Board will expect to be addressed on the way the promotion of each Licensing Objective will be achieved by granting the Application." LPS 2018-23, Annex D, Paragraph 3.6. 5. The Licensing Board's Licensing Policy Statement 2018-23 is on the Board's website, with the documents which the Board considers supports its Overprovision Policy: •(a) Alcohol Facts and figures •(b) Traffic Light Chart •(c) Monitoring Report 2018 (Alcohol-specific Deaths) •(d) Alcohol Related Harm in Scotland 2016 •(e) Alcohol Information - North Ayrshire •(f) Alcohol Outlet and Harm •(g) Licensing Indicators •(h) Alcohol Statistics (Scotland and NA) •(i) Alcohol-related crimes in NA (Police) •(j) Fires and Alcohol-related incidents •(k) Premises Licences in North Ayrshire Document (b) uses a 'Traffic Light' system how three health indicators in North Ayrshire compare with the Scottish average: The health indicators are: Life expectancy: males Life expectancy: females Alcohol-related hospital stays The colour system is: red : Statistically significantly 'worse' than Scottish average amber : Statistically not significantly different from Scottish average green : Statistically significantly 'better' than Scottish average Over each of the 6 Localities in North Ayrshire: red amber green 1. North Coast 1 11 6 2. Three Towns 15 9 3 3. Kilwinning 4 5 3 4. Irvine etc. 8 27 1 5. Garnock Valley 3 14 1 6. Arran 0 1 0 (The Localities have different numbers of Intermediate Zones) In the Board's view the 'Additional Factor' related to Locality should apply in Localities 2, 3, 4 and 5, but not in Localities 1 or 6. CASE 2
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3. PL 103: "Auchrannie Hotel, Spa Resort & Country
Club", Brodick, Isle of Arran, KA27 8BZ
Licence Holder: Auchrannie Leisure Ltd
Application for Variation of Premises Licence – Section 29
No. Variation
1 Include self-catering accommodation
V.1 is not controversial and there are no legal or policy reasons to refuse it.
[a] The Community Council
They say:
"We have also sought feedback from residents and are pleased to report no concerns
expressed associated to this application.
The location of the premises and the established managements record are
acknowledged for their operating procedures to ensure minimum disruption to residents
in the operation of the facilities."
[b] A matter not currently before the Board
There is another matter which can be clarified after the Meeting by officers and does not at
present require any action from the Board. Since the Board have received a letter from the
Police about the Variation Application, it is appropriate to supply the following explanation, but
it is important to note that the Police are not:
- inviting the Board to review the Licence
- stating that complaints have arisen or
- inviting the Board to impose the 10.00 p.m. limit.
[c] The circumstances
Part of the normal procedure for processing any Major Variation is to invite Police comments
on the proposal. In this case there is a Police representation (not an 'objection') which
concerns the Outdoor Drinking Area associated with one of the three restaurants on-site
("Cruize Bar Brasserie" at the Spa Resort).
[d] The Board's Policy
Most Premises Licences in North Ayrshire with Outdoor Drinking Areas have a licence
condition:
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Page 9 of 19 "C.5.2 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." Therefore, although many licensed premises have much later Core Hours inside, most must prohibit drinking in any associated Outdoor Drinking Areas at 10.00 p.m.. This condition reflects NALB's view of the Licensing Objectives: - preventing public nuisance, - protecting and improving public health It is widely acknowledged that people drinking may cause nuisance, and that that is particularly disruptive at night. According the Board have a policy. This is not a national mandatory condition, and the Board can on a case-by-case basis vary or disapply the condition. In the case of the Auchrannie, the Board removed this licence condition many years ago, so there is no need for the Auchrannie to close their Outdoor Drinking Areas at 10.00 p.m.. [e] The Police representation about 'Cruize' The Police say: "Police Scotland have spoken with Richard Small the Premises Manager to discuss the application. Mr Small has given assurances that the Cruize Bar outdoor drinking area is not located near to residential properties and that none of the outdoor areas are being extended. The site plan does not clearly define the three outdoor drinking areas. However, we believe that the location of the Cruize Bar outdoor drinking area, which will be open for all residential guests and the general public after 10pm, is located close enough to neighbouring properties that could potentially result in noise complaints to the police." [f] The Premises' view It is apparent from the Police representation that they have raised their concerns about the neighbourhood of "Cruize Bar Brasserie" with the Premises Manager and that he appreciates their concerns. The Operating Plan also includes: "Outdoor Drinking Facilities External drinking areas associated to the three bar restaurants are shown on the layout plan. External areas associated with eighteen69 restaurant are used exclusively by couples and families enjoying a quiet drink during the afternoon or pre / after dinner in summer. Brambles external area is an extension of the restaurant and is used for dining & drinks when weather allows. CASE 3
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Neither eighteen69 nor Brambles external areas are heavily or densely used.
Cruize external areas are more heavily used as this is a busier venue. We are situated
in our own private grounds and our external drinking areas are not adjacent to residential
development. There is therefore no danger of affecting residential developments through
excessive noise. We would therefore request that our license allows our guests to use
these areas for the consumption of alcohol after 10pm for the duration of our licensing
hours. In reality, this extension would mainly be used during long daylight hours in the
summer when our guests enjoy sitting in the open air to enjoy the beautiful views and
environment which our location affords.
This aspect will be strictly monitored by Venue Management staff and Duty Management
staff."
[g] Conclusion
There is no need for the Board to take any action and the matter raised by the Police does not
prevent the Board from dealing with the variation proposal actually before the Board ("Include
self-catering accommodation").
To make a general observation (not related particularly to the Auchrannie) no variation
decision is ever 'final', in that the Board can review the position later if a third-party complainer
(such as a neighbour or the Police) makes a Premises Licence Review Application to the
Board under Section 36. If the Board were satisfied that it was necessary to do so, they could
re-impose the condition – for example:
if the Board agree to permit drinking beyond 10.00 p.m. but then receive complaints and
are satisfied, after a Hearing of the Licence-Holder and complainers, that operating
beyond 10.00 p.m. is indeed inconsistent with either or both of those Licensing
Objectives, the Board might reinstate Condition C.5.2 or vary it again.
This is not the situation with the Auchrannie.
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Page 11 of 19 4. PL 488: "BP Girdle Toll Service Station", Littlestane Road, Long Drive, Irvine Licence Holder: Motor Fuel Limited Application for Variation of Premises Licence – Section 29 No. Variation 1 Amend layout plan following extension, relocating alcohol display 2 Increase alcohol display capacity from 7.42 m2 to 12.525 m2. [a] V.1 This is unobjectionable and on its own would be a 'Minor Variation' – a mandatory grant – but see V.2. [b] V.2 This is inconsistent with the Board's overprovision policy, which creates a presumption of refusal. The presumption of refusal is doubly-enhanced because of both: (a) the "Locality" – the presumption of refusal is enhanced in the "Irvine and area" Locality (the policy is related to health and social problems) and (b) the "Function Type" – off-sales The position is the same as with other off-sales in Irvine (Case 2 above), and the same note about Overprovision applies: 2. PL 0392: "Premier Caldon Road", 40/42 Caldon Road, Irvine, KA12 0RF CASE 4
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Page 12 of 19 5. PL 299: "Beith Bowling Club", BOGHEAD, BEITH, KA15 1DZ Licence Holder: Beith Bowling Club Application for Variation of Premises Licence – Section 29 No. Variation 1 Amendments for under-18 access The Licence Holder proposes several changes to the part of the Operating Plan which sets out the arrangements for access by under-18s (Part 6 of the Operating Plan). The Board should hear the Applicant and determine to what extent the proposals are consistent with the Licensing Objective "protecting Children and Young Persons from harm.". The Board may wish to ask the Licensing Standards Officer to inspect and report on the Premises, and to continue consideration pending that. Although most people would refer to all under-18s as 'children', the Licensing (Scotland) Act 2005 defines: - 'Children' as people 16, and - 'Young Persons' as people aged 16 or 17. This distinction was important when the 2005 Act was passed but a later change has removed most of the distinction. So one of the Licensing Objectives is now: "Protecting Children and Young Persons from harm." Part 6 of the Operating Plan contains 6(b) - the TERMS under which under-18s will be allowed entry 6(c) - the AGES of the 'children' or 'young persons' to be allowed entry 6(d) - the TIMES during which the 'children' or 'young persons' to be allowed entry 6(e) - the PARTS OF THE PREMISES to which the 'children' or 'young persons' will be allowed entry The current and proposed statements are: "We would like to change the current license (RED) with new proposals in (BLACK). 6(b) - the TERMS under which under-18s will be allowed entry Current: "ENTRY PERMITTED TO SMALL LOUNGE AREA WHERE THERE ARE NO BAR FACILITIES. 14 YEARS PLUS ADMITTED WITH ADULT MEMBER. NO ONE UNDER 18 YEARS PERMITTED TO MAKE PURCHASES AT BAR." Proposed: "Children and young persons will be allowed into the main lounge/bar area when CASE 5
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acc But will not be allowed within six feet from the bar area. The accompanied adult
would ompanied by an adult. purchase any soft drinks for them. No one under 18 years
permitted to make purchases at bar"
6(c) - the AGES of the 'children' or 'young persons' to be allowed entry
Current:
"CHILDREN AGED UNDER 14 YEARS NOT ADMITTED TO BAR LOUNGE. YOUNG
PERSONS AGED 14 YEARS PLUS ADMITTED WITH ADULT MEMBER."
Proposed:
"Accompanied children admitted to all areas of Clubhouse." {Licensing staff have
confirmed with the Applicant that 'children' means 'under-18'}
6(d) - the TIMES during which the 'children' or 'young persons' to be allowed entry
Current:
"DURING BAR OPENING NO ONE UNDER 14 YEARS ALLOWED IN BAR AREA. 14
YEARS PLUS ADMITTED DURING OPENING HOURS ACCOMPANIED BY ADULT
MEMBER."
Proposed:
"Accompanied children allowed in main lounge, not allowed within six feet of the bar
area. No one under 18 years permitted to make purchases at bar." {Licensing staff have
confirmed that the Applicant intends that this access should continue throughout Core
Hours, which will be to midnight or later – the Clerk will advise Board of contents of Part
2 of the Operating Plan}
6(e) - the PARTS OF THE PREMISES to which the 'children' or 'young persons' will be
allowed entry
Current:
"CHILDREN AND YOUNG PERSONS ARE ALLOWED ACCESS TO ALL PARTS OF
THE PREMISES WHEN BAR IS CLOSED. WHEN BAR IS OPEN, UNDER 14S ARE
LIMITED TO THE SMALLER OF THE TWO LOUNGES."
Proposed:
"Accompanied children allowed in main lounge, not allowed within six feet of the bar
area. No one under 18 years permitted to make purchases at bar." {Licensing staff have
confirmed with the Applicant intends that under-18s will have access to all parts of the
premises, except within 6 feet of the bar area}
CASE 5Page 20
Page 14 of 19 6. PL 526: "Riviera Coffee", 6 The Promenade, Largs Applicant: Maria Timis Application for grant of Provisional Premises Licence (PPL) – Section 45 [a] Provisional Premises Licence The Application relates to Premises which are to be constructed or converted for use as Licensed Premises, and is valid for a period of four years. During this period, the Applicant can request the Board to Confirm the PPL, or to extend the period. The proposal is to use the premises as a restaurant in a building which traded as a restaurant called "The Bean & Leaf" in a single-storey building fronting Gallowgate Street. That restaurant held a Premises Licence which was surrendered in 2020. The Layout Plan (which includes a Location Plan and a photograph of how the building will look when complete) will either be in Members' Background Papers or the Clerk will have it on file for Members to see during the meeting. The Premises cannot sell alcohol until the PPL is Confirmed. The Licence-Holder will apply to the Board for Confirmation once the construction or conversion is complete, and will then have to give the Board both a "Building Control Certificate" and a "Food Hygiene Certificate". A "Food Hygiene Certificate" is needed because there will be a "Food Business" within the Food Safety Act 1990. This Certificate is needed for a shop which sells tinned or packaged food, as well as for a restaurant or any Premises serving prepared food. Confirmation is usually done by the Clerk or other officers under the Scheme of Delegations. [b] Detailed proposal Both on-sales and off-sales are requested: On-Sales: 11.00 a.m. - 11.00 p.m. (7 days) Off-Sales: 11.00 a.m. - 10.00 p.m. (7 days) Under-18s: Accompanied under-18s are allowed entry to all parts (except the servery): - under 10 years - until 8.00 p.m. (last entry 6.30 p.m.) - 10 and over - until 10.00 p.m. except (in both cases) where the under-18 is attending a private pre-booked function. Capacity - 40 persons, all seated. [c] Overprovision The Board's Overprovision Policy applies differently from the other cases on the Agenda, for two reasons: (a) the "Locality" – the presumption of refusal is not enhanced in the "North Coast" Locality (since the data from the Health Board and other agencies indicated that the health and social problems throughout North Ayrshire are not so significant as in other Localities) and CASE 6
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Page 15 of 19
(b) the "Function Type" is "Hotels, Restaurants and other On-sales Premises
whose principal function is the provision of accommodation, meals or non-alcoholic
refreshment" ("Function Type 4") unlike the other Premises on the agenda, which are
both off-sales ("Function Type 1").
As the PPL relates to Premises that were used as a licensed restaurant until 2020, the Board
may consider that the question of Overprovision has already been looked at.
[d] Outdoor Drinking Area
As well as seeking to license the inside of the building, the proposal includes a small "external
seating area" (which from the Layout Plan would accommodate no more than 4 tables) level
with the pavement of Gallowgate Street. Viewed from Gallowgate Street, left-to-right:
- there is a ramp for wheelchairs
- there is a flat area at the door
- there is an external seating area
All Outdoor Drinking Areas in North Ayrshire have the Board's Standard Conditions unless the
Board on a case-by-case basis varies or disapplies these:
“C.5.1 No loudspeakers, televisions, radios or other devices for amplifying sound shall
be positioned at any time in Outdoor Drinking Areas.
C.5.2 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."
The reason that the phrase "alcoholic or not" is used is that the Board are unlikely to know
that a container contained Alcohol, e.g. if the Board received a complaint, all that the
complainer might be able to say was "I saw a customer drinking from a container" - without
being able to say that there was Alcohol in it.
There are two issues:
(1) Barrier
The Layout Plan shows that there is to be an '1100 mm protective barrier' at the side of both
the wheelchair ramp and the area at the door, but there is no barrier between the external
seating area and the pavement. In the past, the Board has expected that Applicants should
have:
- at least a barrier marking the boundary between the drinking area and the public
footpath
- if not a substantial physical barrier separating the two.
An example of the latter nearby is the glass wall on the sea-facing balcony of "The
Paddlesteamer". Given the Byelaws about drinking in public, in other cases the Police have
made representations to the Board suggesting that there should be one or other barrier,
although they have not suggested that there should be either barrier in the "Riviera Coffee"
CASE 6Page 22
Page 16 of 19 case. A distinction is that customers of public houses (even with those with a food offering) might just be drinking, whereas customers of a restaurant will be mainly eating. The Board should consider whether or not the creation of one or other barrier should be a pre- condition of the proposed Outdoor Drinking Area. If there is to be such a pre-condition, the Operating Plan could include (in the box at the end of Question 5) wording such as (for example): "The Licence shall extend to the Outdoor Drinking Area shown on the Layout Plan on the Gallowgate Street side of the building only when a permanent barrier of not less than 1100 mm in height is constructed, and access to the Outdoor Drinking Area is to be possible only from within the building or from the wheelchair ramp." By making this a condition, the Applicant will not have to return to the Board to request a variation, since the PPL will instead probably by Confirmed by the Clerk or other officers under Delegated Powers. (2) Breakfasts The Application includes: "THE PREMISES SHALL OPEN PRIOR TO THE COMMENCEMENT HOUR OF THE SALE OF ALCOHOL FOR THE PROVISION OF BREAKFASTS, TEAS OR COFFEES AND ACCOMMODATING ANY PRIVATE PRE BOOKED FUNCTION" The Board has allowed early use of such areas in other cases, adding to C.5.2 words such as "except that the consumption of tea, coffee and other non-alcoholic drinks is permitted from 10.00." Even if the Board permits the Outdoor Drinking Area initially, and/or alters either Licence Condition, they may review that decision later if satisfied that the operation of that Area is not consistent with any of the Licensing Objectives. CASE 6
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Page 17 of 19 7. NA2649: Joseph H. Fitzsimmons Personal Licence Review Hearing – Section 84A This case was considered by the Licensing Board on 5 September 2022 and was then continued at the Licence Holder's request. The Licence Holder has since surrendered the Licence so the Review Hearing can no longer proceed. If the Licence-Holder reapplies for a Personal Licence then (whenever he reapplies) the Board will send a copy to the Police and they will send the Board a Report. If the Police either - report a 'relevant conviction' or - make a Recommendation that the Board should refuse, there will be a Hearing at which the Board, after hearing from the Applicant and the Police, will decide whether to grant or refuse the Licence. If the Police do neither but the Board received the re-application within 3 years after the notice of surrender, the Board will consider that re-application and will have a discretion to hold a Hearing, or not. If they hold a Hearing, they will have to have regard to the circumstances in which the Personal Licence previously held was surrendered, and they might grant or refuse the Licence (Section 74(7) and (8)). The circumstances of the surrender will not be relevant if the Licence Holder re-applies after that 3-year period. CASE 7
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Page 18 of 19 8. "1934 Social Club", Kilmory Public Hall, Isle of Arran Applicant Elena MacAulay-Smith Application for an Occasional Licence – Section 56 The Applicant requests an Occasional Licence for an event described as a "Private concert" on Saturday 12 November 2022 9pm until 2.00 a.m. the following day. This request was originally submitted as a request for "Extended Hours" under Section 68 – the "1934 Social Club" is a Members Club which has a Premises Licence (NALB 440) for the Kilmory Public Hall. On Thursday 20 October 2022 Board staff cited the Licence-Holder to the Board Meeting of Monday 31 October 2022 as the Application was for an event outwith Policy (so that the decision could not be taken by Board officers under Delegated Powers). The Applicants then withdrew that Application and instead lodged an "Occasional Licence" Application, as they wanted to allow non-members of the club in. A grant of "Extended Hours" would simply extend the hours that the Premises could open for club members, and it would remain the case that A Club can seek an Occasional Licence to open the Premises to non- members temporarily (The Licensing (Clubs) (Scotland) Regulations 2007 No. 76, Reg. 3). Processing of the second Application has started and the Board will be told of any objections or representations from the Police or any third party, and of the report from the Licensing Standards Officer. The Board should consider two Policy issues: [a] whether or not the proposed event is consistent with their Policy [b] Licensed Hours and decide how the Policies apply and whether or not exceptions should be made in this case. The Board should consider any written or verbal submissions made by the Applicant and anyone commenting on the Application. [a] Policy: Events The Board's Licensing Policy Statement includes: "8.3. The Board has Policy guidelines as to events which are, and are not, considered suitable for granting an O.L.. If there is a request for an event which is outside the Policy, it may be necessary for the Applicant to attend and seek to persuade a Hearing of the Board as to why the Policy guidelines should not be followed in the particular circumstances of their event. Suitable for Occasional Licence 8.4. These include: dances; discos; dinner-dances; wedding receptions; and parties where a disco or band is provided. CASE 8
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Page 19 of 19 Not Suitable for Occasional Licence 8.5. Private parties where there is no significant entertainment are not regarded as suitable for the grant of an O.L.." [b] Policy: Licensed Hours The Board's Policy on the maximum terminal hour (after which alcohol must not be sold on the Premises) is stated in Paragraph 8.23 which is: Mon Tue Wed Thu Fri Sat Sun 24.00 24.00 24.00 1.00 1.00 1.00 24.00 CASE 8
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AGENDA ITEM 4 Page 1 of 1 Report to North Ayrshire Licensing Board by Solicitor (Licensing) Subject: Annual Report by the Chief Constable Purpose: To advise the Board about the Law Recommendation: That the Board note the Report 1. Introduction Section 12A of the Licensing (Scotland) Act 2005 provides: "12A(1) Every Chief Constable must, as soon as practicable after the end of each financial year, send a report to each Licensing Board whose area falls within the police area of the Chief Constable setting out— (a) the Chief Constable’s views about matters relating to policing in connection with the operation of this Act in the Board’s area during that year and the following year, and (b) any steps the Chief Constable— (i) has taken during that year, (ii) intends to take in the following year, to prevent the sale or supply of Alcohol to Children or Young People in that area. (2) The Chief Constable must also send a copy of the report to the Local Licensing Forum for the Board’s area. (3) If a Licensing Board or Local Licensing Forum so requests, the Chief Constable (or other constable nominated by the Chief Constable) must attend a meeting of the Board or Forum to discuss the report.” 2. Further Action The Board are not expected to take any action on this Report although the information given may influence the next review of the Licensing Policy Statement. The Chief Constable is also a consultee for that.
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OFFICIAL OFFICIAL NORTH AYRSHIRE Licensing Report 2021 - 2022 AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 2 OFFICIAL Foreword It gives me great pleasure to provide the Annual Licensing Report for 2021/22, in accordance with Section 12(A) Licensing (Scotland) Act 2005. Throughout this year Local Authorities and Police Scotland worked hard to support licensed premises in their road to recovery as Covid-19 restrictions were being lifted. Collaboration is vital to ensure these businesses can flourish, providing much needed employment for our communities as well as a safe environments for people to socialise. Police Scotland will continue to work closely with Local Authorities, as well as other stakeholders, to ensure there is a fair and consistent approach across all 32 Local Authorities throughout Scotland to aid this recovery. Preventing alcohol fuelled violence, disorder and antisocial behaviour remains a priority for Police Scotland and I believe that working together we can reduce this through early intervention and enforcement. I would like to take this opportunity to thank our local partnerships and the good work they carry out. With their support Police Scotland and partners can continue to drive improvements in licensing. I will continue to ensure that all officers and staff recognise the importance of working together with key partners, including the Licensing Trade, in an effort to improve licensing standards nationally. Mr Iain Livingstone QPM Chief Constable Police Service of Scotland Police Scotland Licensing Overview – The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within Safer Communities based at Dalmarnock Police Station, Glasgow. The VPLCU upholds the two tier structure for licensing which supports both national and local priorities through service delivery. They have overall responsibility for determining and delivering national licensing strategy and policy, by providing advice, guidance and support to divisional licensing teams as well as undertaking other specialist functions. The Violence Prevention and Licensing Co-ordination Unit is a specialist department which consists of a small team of officers, based in Glasgow. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide practical and tactical advice to police licensing practitioners, operational officers, supervisors and policing commanders. The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 3 OFFICIAL illegal or irresponsible sale, supply or consumption of alcohol with the intention of preventing and reducing crime and disorder. During 2021/2022, from a licensing perspective, our particular focus was on the following; • Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises. • Working closely with Licenced Premises and Scottish Government to navigate the challenges of the COVID-19 pandemic through the 4Es approach by engaging, explaining, educating and enforcing. • Governance and ongoing development of the National ICT Licensing System, known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor and civic licensing administration and management. Police Scotland are currently working on upgrade to the National ICT system to ensure compliance with GDPR legislation. Each of the 13 Local Policing Divisions have a licensing team responsible for the day to day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area. LICENSING BOARD AREA The Licensing Board area is policed by North Ayrshire Division Chief Superintendent Faroque Hussain is the Local Police Commander who has the responsibility for all day-to-day policing functions. Senior Officers Chief Inspector Alan Paterson Area Commander T/Inspector Darren Muir Head of the Licensing Department Sergeant Sheryl Syme Licensing Department Local Policing Priorities Following our public consultation process, the policing priorities for North Ayrshire Division, as set out in our Local Policing Plan are as follows; • Protect People at Risk of Harm AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 4 OFFICIAL • Antisocial Behaviour, Violence and Disorder • Road Safety and Road Crimes • Alcohol and Drug Misuse • Acquisitive Crime Description of Board Area There are a total of 384 licensed premises and 5 provisional licensed premises in North Ayrshire 97 On-Sales (includes 1 Provisional Premise Licence) 160 On/Off Sales (includes 3 Provisional Premise Licences) 127 Off-Sales plus (includes 1 Provisional Premise Licence) OPERATION OF THE LICENSING (SCOTLAND) ACT 2005 Alcohol pervades across a wide range of issues in our society and, as you know, is often a factor in violence, domestic abuse and anti-social behaviour; incidents that the Police Service of Scotland deals with every day in each area of the country. Therefore, licensed premises are carefully monitored with all incidents in and around such premises scrutinised to ensure compliance with the licensing objectives, resulting in a greater knowledge and understanding of potential problematic premises. A problem solving approach is implemented in conjunction with the Premises Licence Holder and Designated Premises Managers. Premises that continue to fall below expected standards can be subject of formal police interventions and in some cases, a review being submitted to the Licensing Board. Ayrshire Divisional Licensing Department utilises the Inn keeper database to highlight monitored and problematic premises, this allows our officers to focus their attention on the premises requiring the most support and attention. Board Decisions Application for a Premise Licence In the North Ayrshire board area during the reporting year, there has been no premises licence objection submitted to the North Ayrshire Licensing Board by Police Scotland. AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 5 OFFICIAL Application for Review of Licence In the North Ayrshire board area during the reporting year, there have been no premises licence reviews submitted to the North Ayrshire Licensing Board by Police Scotland. Variation to a Premise Licence During the reporting year, there has been one objection to a variation of a licenced premise licence submitted to North Ayrshire Licensing Board, which was refused on 25/05/2021. Personal Licences Personal licences are carefully considered by Ayrshire Division Licensing in line with policy and legislation before being returned to the local authority. In the reporting year, there has been two objection letters submitted to North Ayrshire Licensing Board. One of which was granted on 31/01/2022 and the other was refused on 23/08/2021. Personal Licence Reviews During the reporting year, there has been one Personal Licence review submitted to North Ayrshire Council which was heard by North Ayrshire Licensing Board on 28/03/2022, Personal Licence has been endorsed. Formal Police Interventions Our focus is to improve the safety and wellbeing of people, places and communities in North Ayrshire by focusing on keeping people safe. This is done by local officers who are proactively identifying and addressing concerns regarding licensed premises at an early stage. Through early intervention and working in partnership with Designated Premise Managers and Premise Licence Holders, areas of concern have been successfully resolved without the requirement for a premises or personal licence review. There are two premises within the North Ayrshire Board Area have been subject of a formal intervention agreement in the reporting year, both have been signed off. These agreements are entered into between Premises Licence Holders and Police AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 6 OFFICIAL Scotland and set out areas in which improvement could be made. Each agreement is monitored and reviewed within a specific timescale to ensure that the necessary improvements have been implemented. The formal intervention process should result in an improvement in standards and practices. The process also ensures that Police Scotland utilises a fair and evidence based approach prior to pursuing a formal review of a premises licence if agreed terms are not being complied with or if there are recurring issues. PREVENTING THE SALE OR SUPPLY OF ALCOHOL TO CHILDREN OR YOUNG PEOPLE In North Ayrshire there have been no reports submitted to the Procurator Fiscal for contravention of Section 102 of the Licensing (Scotland) Act 2005, which relates to the sale of alcohol to a child or young person. TACKLING SERIOUS AND ORGANISED CRIME Serious and Organised Crime (SOCG) presents a clear threat to the Ayrshire Licensing trade and legitimate economy. As a result, Ayrshire Division continues to target known criminality in this area as well as attempting to reduce the opportunity for individuals to exploit legitimate licensing opportunities for their own illegitimate means. Licensing staff work closely with divisional intelligence teams to explore intervention opportunities against Serious and Organised Crime Groups. At this current time, there are 4 Serious and Organised Crime Groups being managed by Ayrshire Division with some of these groups having a known interest in a business requiring some form of licence to operate. Not all the groups are based in North Ayrshire but they all operate on a pan-Ayrshire basis. Presently, none of these groups are linked with North Ayrshire licensed premises. This involvement in the licensing trade is often a direct result of the expertise or experience of an individual from their group in that business sector, and/or the chosen business, providing an ability to launder criminal proceeds. Officers in North Ayrshire continue to carry out targeted premises visits to ensure that all license conditions are being complied with. Such visits will also involve a range of partner agencies including; HMRC, DVSA, DVLA, Scottish Power, SEPA, North Ayrshire Council, SIA and others. AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 7 OFFICIAL Within North Ayrshire, such continued scrutiny of problematic premises has had positive results. Licensed premises throughout Ayrshire continue to positively engage with police by not only reporting incidents that occur within the licensed premise, but incidents that occur out with the premise, ensuring public safety. DIVISIONAL LICENSING With the support of Ayrshire Licensing Department, officers within North Ayrshire are encouraged to submit details of inspections of licenced premises on the Inn Keeper system to ensure on and off sale activity was captured. These highlight positive and negative incidents and assisted in identifying problematic premises and good practices. Analysis of police systems assists in identifying individuals connected with the licensing process who were or are involved in criminality and allowed for appropriate early intervention. Divisional licensing staff monitor reported offences committed on or near licensed premises. When instances of violent and disruptive behaviour are identified, exclusion order requests are included in police reports for consideration by the courts. Divisional licensing staff have continued to support local officers and licensed premises during this challenging year, working closely with partners, providing consistent guidance. A focussed approach to off-sales premises was adopted as on- sales premises were required to close. PROPOSED ACTIVITY FOR THE YEAR AHEAD North Ayrshire Sub-Division will continue to focus on “Keeping People Safe” and will work collaboratively with the licensed trade, partners and local communities to improve standards and compliance across the licensed trade, actively targeting; • excess alcohol consumption • vulnerability due to excess alcohol consumption • sale and supply of alcohol to children and young people • incidents of crime and offending connected to sale of alcohol • Covid-19 measures FOCUS ON VULNERABILITY AND DUTY OF CARE IN THE NIGHT TIME ECONOMY – Bystander Training. AGENDA ITEM 4
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OFFICIAL NOT PROTECTIVELY MARKED Page | 8 OFFICIAL Divisional Licensing staff are due to commence Bystander training in North Ayrshire in May 2022. This is training offered to Licensed premises to raise the awareness of preventing incidents of vulnerability and related crime, promoting safety by identifying the signs of vulnerability at the earliest opportunity, minimising the risk to themselves or members of the public by: • Understanding what Vulnerability is • Recognise the impact factors • Identify those who may be vulnerable • Understanding what our duty of care is • Practical information National Perspective Our priorities and policing plans continue to be shaped by the objectives contained within the Scottish Government’s Strategic Objectives and National Outcomes and the Strategic Police Plan that are delivered locally through single outcome agreements. Consultation and engagement is combined with our own analysis of the issues likely to impact on the safety of the public to inform our local and national strategic assessments which identify our priorities and provide a firm evidence base for local policing teams across Scotland to deliver operational plans to prevent crime and disorder and keep people safe. Our National Priorities are: • Violence Disorder and Anti-social Behaviour • Serious Organised Crime • Road Safety and Road Crime • Protecting People at Risk of Harm • Counter Terrorism To conclude we would like to thank you for your continued support during what has been a challenging year for all. We have all had to adapt to a new way of working and ever changing circumstances which has been embraced by all. We look forward to a safe and healthy 2022/2023. AGENDA ITEM 4