Agenda Document Pack - Licensing Board - 07/11/2025
North Lanarkshire Council · 7 November 2025
Back to Licensing Board — 7 November 2025 and its agenda
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Clerk Name: Committee Services Clerk Telephone: Clerk Email: committee@northlan.gov.uk 31 October 2025 Members of the Licensing Board Chief Executive’s Office Rachel Blair Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Licensing Board is to be held in the Committee Room 1, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Friday, 07 November 2025 at 10:00 AM which you are requested to attend. The agenda of business is attached. Rachel Blair Chief Officer (Legal & Democratic) Members : S Coyle, Michael Joseph Coyle (Vice-Chair)K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 156
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Minute of Meeting of the Licensing Board - 26 September 2025 Submit Minute of Meeting of the Licensing Board held on 26 September 2025 5 - 6 3 Application for Premises Licence - Booze n Chewz, 38 Stirling Street, Airdrie Applicant: NMLC Licensing Consultancy 7 - 34 4 Application for Provisional Premises Licence - Spar, 52 Abernethyn Road, Newmains Applicant: GNE Consultancy Ltd 35 - 60 5 Application to Vary Premises Licence - Robins Bar, 52 Abernethyn Road, Newmains Applicant: GNE Consultancy Ltd 61 - 82 6 Application to Vary Premises Licence - 13 High Street, Newarthill Applicant: Tanveer Amjad 83 - 104 7 Application to Vary Premises Licence - 33 Forrest Street, Airdrie Applicant: B McMahon Consultancy Ltd 105 - 116 8 Application to Vary Premises Licence - The Crowwood Hotel, Cumbernauld Road, Glasgow Applicant: Steve Ireland 117 - 148 9 Festive Extended Hours Policy 2025/26 Submit report by the Chief Officer (Legal and Democratic) seeking consideration to grant a general extension to licensed hours for the festive period 2025/26 in terms of Section 67 of the Licensing (Scotland) Act 2005. 149 - 156 Page 3 of 156
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LICENSING BOARD - 26 SEPTEMBER 2025 1 Friday, 26 September 2025 at 10am. A Meeting of the LICENSING BOARD PRESENT Councillor S. Coyle, Convener; Councillor M. Coyle, Vice-Convener; Councillors McVey, Nolan, Robb, Thomas and Toner. CHAIR Councillor S. Coyle (Convener) presided. IN ATTENDANCE Clerk to the Licensing Board, Solicitor (Employment and Regulation) and Democratic Co-Ordinator. ALSO IN ATTENDANCE Licensing Standards Officer. Constable Mick Duffy, Police Scotland. In respect of paragraph three – Andrew Flynn (DPM). In respect of paragraph three – Niall Hassard, Hassard Licensing Limited, (Agent). In respect of paragraph three – Steve Jones (Area Manager for NATL Amusements (UK) Limited. In respect of paragraph four – Junior Taylor, Applicant. APOLOGIES Councillors Docherty and McLaren. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. LICENSING BOARD MINUTE - 22 AUGUST 2025 2. There was submitted the Minute of the meeting of the Licencing Board held on 22 August 2025. Decided: that the terms of the Minute be approved. APPLICATION TO VARY PREMISES LICENCE - SHOWCASE CINEMA, BARRBRIDGE ROAD, COATBRIDGE 3. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by NATL Amusements (UK) Limited to vary the premises Licence in respect of premises at Showcase Cinema, Barrbridge Road, Coatbridge; and (2) advising that no objections had been received. The Board then heard from Niall Hassard, Hassard Licencing Limited, representing the applicant, speak in support of the application. Item 2 Page 5 of 156
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LICENSING BOARD - 26 SEPTEMBER 2025 2 Niall Hassard, Andrew Flynn, Steve Jones, Licensing Standards Officer and Constable Duffy withdrew from the meeting and the Board resumed consideration of the matter. Niall Hassard, Andrew Flynn, Steve Jones, Licensing Standards Officer and Constable Duffy were readmitted to the meeting. Decided: that the application to vary the Premises Licence at Showcase Cinema, Barrbridge Road, Coatbridge be granted. It was agreed, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following item on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs three and six of Part 1 of Schedule 7A of the Act. APPLICATION FOR A PERSONAL LICENCE – JUNIOR TAYLOR 4. There was submitted a report by the Clerk to the Licensing Board: (1) intimating that, under section 73 of the Licensing (Scotland) Act 2005, a letter had been received from the Local Policing Commander, Lanarkshire Division reporting that Junior Taylor, had acted in a manner that was inconsistent with the licence objectives; and (2) attaching in Appendix one to the report, a copy of the Local Policing Commander’s letter. The Board heard from Constable Duffy outline the Local Policing Commander, Lanarkshire Division’s report and Junior Taylor speak in respect of the matter. Thereafter, Junior Taylor, the Licensing Standards Officer and Constable Duffy withdrew from the meeting and Board resumed consideration of the matter. Junior Taylor, the Licensing Standards Officer and Constable Duffy were then readmitted to the meeting. Decided: that the application for a personal licence be granted. Page 6 of 156
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 07/11/25 Application for Premises Licence – Booze n Chewz, 38 Stirling Street, Airdrie ML6 0AH From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 1. Background 1.1 The Licensing Board has received an application for a new premises licence in respect of the premises at Booze n Chewz, 38 Stirling Street, Airdrie ML6 0AH. In terms of section 23 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to Executive Summary The purpose of this report is to present an application for a premises licence under section 20 of the Licensing (Scotland) Act 2005. Such an application requires to be determined by the Licensing Board. Recommendations It is recommended that the Licensing Board considers and determines the application for a premises licence as detailed in the report in terms of one of the following options: - 1. to grant the application, subject to the statutory conditions and any other conditions that the Licensing Board may wish to impose; 2. to propose a modification to the operating plan or layout plan (or both) and if accepted, grant the application subject to the statutory conditions and any other conditions that the Licensing Board may wish to impose; 3. to defer the application to a future hearing of the Licensing Board; or 4. to refuse the application on one or more of the grounds referred to in paragraph 2.3 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item 3 Page 7 of 156
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be determined by the Licensing Board as this matter is not subject to delegation and can only be discharged by the Licensing Board. 1.2 The Licensing Board is asked to consider and determine the application for a new premises licence as detailed in the attached Appendix 1 to the report. 2. Report 2.1 A premises licence application, as detailed in Appendix 1, has been made by Dana Ibrahim Ezzat, in respect of premises at Booze n Chewz, 38 Stirling Street, Airdrie ML6 0AH. NMLC Licensing Consultancy has submitted the application on Dana Ibrahim Ezzat’s behalf. 2.2 NMLC Licensing Consultancy had previously attempted to submit an application to transfer the premises licence in May 2025, however, it was discovered that the company from which their client had purchased the premises had dissolved the limited company that held the premises licence. As it was out with the 28-day period for submitting a transfer, the premises licence was deemed to have lapsed. Consequently, applications for occasional licences were submitted in the interim period, pending the submission of a new premises licence application to the Board. The premises have been operating by way of occasional licences during the period from 19 June to 19 November 2025. 2.3 On 15 July 2025 a joint compliance visit was undertaken by the Council’s Licensing Standards Officer and Police Scotland, with no issues or concerns identified in terms of compliance. 2.4 The premises is a small retail unit in Airdrie Town Centre selling convenience foods and alcohol with the following features: 2.4.1 Off Sale hours of 10am to 10pm daily (which are those permitted in terms of section 65 of the Act). 2.4.2 Recorded music may be played prior to core licensed hours. 2.4.3 Home deliveries. 2.4.4 Off sales capacity 32.45m². 2.5 In terms of section 24A of the Licensing (Scotland) Act 2005, an Anti-Social Behaviour Report from Police Scotland was requested in terms of powers delegated to officers under the Scheme of Delegation set out in the current Statement of Licensing Policy. Said Anti-Social Behaviour Report is attached as Appendix 2 to the report. 2.6 Section 23 of the Act provides that if a premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and:- 2.6.1 if none of them apply, the Licensing Board must grant the application, or 2.6.2 if any of them apply, the Licensing Board must refuse the application. 2.7 The grounds for refusal are: Page 8 of 156
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2.7.1 that the subject premises are excluded premises; 2.7.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). 2.7.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, 2.7.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.7.5 that having regard to: 2.7.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.7.5.2 the location, character and condition of the premises, and 2.7.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.7.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.7.7 in considering whether either of the grounds for refusal specified in 2.7.3 or 2.7.4 applies, the Board must in particular take into account- 2.7.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.7.7.2 any report given by the chief constable under section 21A(2). 2.8 Where the Board considers that: - 2.8.1 they would refuse the application as made, but 2.8.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 2.9 Where the Licensing Board refuses the application: 2.9.1 the Board must specify the ground for refusal, and Page 9 of 156
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2.9.2 if the ground of refusal is that specified at 2.7.3 or 2.7.4, the Board must specify the licensing objective or objectives in question: 2.9.2.1 preventing crime and disorder; 2.9.2.2 securing public safety; 2.9.2.3 preventing public nuisance; 2.9.2.4 protecting and improving public health, and 2.9.2.5 protecting children and young persons from harm. 2.10 The Licensing Board is asked to note: 2.10.1 that there has been no previous application made to the Licensing Board. 2.10.2 that following all necessary and appropriate consultation, no objections have been received in respect of the application. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application for Premises Licence – Booze n Chewz, 38 Stirling Street, Airdrie ML6 0AH. 4.2 Appendix 2 – Anti-Social Behaviour Report received from Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 10 of 156
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☒ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☒ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Page 11 of 156
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Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 12 of 156
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l 2m- l \FOOD FRIDGE ÉutszloO oztÉU oz; U I Ø É.UooÉ(, (,z uI ÉUoo É. aJ a, E tr a) ANDERSON STREET STIRLING STREET Accohol Display 1-10.45 Sq m' 2-22.00 Sq m'¿ Total 32.45 Sq m' nu llz äJ)l! 3 9m o ì Note: All dimension show on plan as approx¡male Approx¡mate Gross lnternal Area 153.00 sq m Approximate Gross External Area 163.56 sq m TION P T1254 THIS IS A TRUE COPY OF THE DRAWING REFERRED TO IN THE ACCOMPANYING APPLICATION SIGNED DATED 0 1m m LEGENDS Premise Licensed -Area Total Alchohol Display Area Neon Lighting (J Heat Detector Smoke Detector Carbon Dioxide Detector Mechanical Extract Fan Fire Blanket I Fire Extinguisher (I aJ a] ì! ð8 CEÑRÊ Ì Produced by Plushplans râ PROJECT: LICENSING DRAWING AT 38 Stirling Street, Airdr¡e ML6 OAH SCALE 1:50, 1:1250 DATE: Page 29 of 156
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Application for Premises Licence Booze N Chews, 38 Stirling Street, Airdrie List of Current Licensed Premises 036 – Diamonds Nightclub, 41 Stirling Street, Airdrie – On Sales – 180 177 – The Cellar Bar, 79 Stirling Street, Airdrie – On/Off Sales – 110 304 – Yesterdays, 47 Stirling Street, Airdrie – On Sales – 140 315 – Imperial Bar, 110 Stirling Street, Airdrie – On/Off Sales - 200 400 – Razias, 10 Stirling Street, Airdrie – On/Off Sales – 170 490 – The Masons Arms, 30 Stirling Street, Airdrie – On/Off Sales - 60 521 – Day to Day Express, 19-21 Stirling Street, Airdrie – Off Sales – 16.68 sqm 771 – Airdrie Town Hall, Stirling Street, Airdrie – On Sales – 750 860 – Himalayan Dine-In, 76-78 Stirling Street, Airdrie – On/Off Sales – 60 375 – West End Bar, 26 Alexander Street, Airdrie – On/Off Sales – 180 379 – Tipsy Cow, 2 Alexander Street, Airdrie – On/Off Sales – 130 593 – The Tudor Hotel, 39-49 Alexander Street, Airdrie – On/Off Sales – 534 857 – Puro Pizzeria, 53 Alexander Street, Airdrie – On Sales – 30 867 – 9 Aitchison Street, Airdrie – Off Sales – 21.22 sqm 238 – Aldi, 24/28 High Street, Airdrie – Off Sales – 30.26 sqm 591 – Stirrup Stane, 2/4 High Street, Airdrie – On/Off Sales - 181 055 – 16 South Bridge Street, Airdrie – Off Sales – 19.56 sqm 150 – The Ram’s Head, 19 South Bridge Street, Airdrie – On/Off Sales – 130 703 – Vivi Restaurant, 21 South Bridge Street, Airdrie – On/Off Sales – 40 873 – Kegs or Tails, 27 South Bridge Street, Airdrie – On/Off Sales – 32.87 sqm 068 – St Margaret’s Centre, 96 Hallcraig Street, Airdrie – On Sales – 130 357 – Cue Here, 39 Hallcraig Street, Airdrie – On Sales – 150 808 – 94 Hallcraig Street, Airdrie – On/Off Sales – 150 681 – Il Capo, 121-123 Hallcraig Street, Airdrie – On/Off Sales - 200 051 – Ettore, 12/14 Bank Street, Airdrie – On/Off Sales – 616 810 – Airdrie Convenience Store, 18-20 Bank Street, Airdrie – Off Sales – 6.02 sqm 059 – The Staging Post, 8 Anderson Street, Airdrie – On/Off Sales - 248 571 – Airdrie No.1 Orange Social Club, 1 Baillies Lane, Airdrie – On Sales - 220 Page 30 of 156
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644 – Lodge Airdrie St John No 166, 19 Broomknoll Street, Airdrie – On/Off Sales – 100 649 – Airdrie Working Men’s Social Club, 15/17 Broomknoll Street, Airdrie – On Sales – 520 871 – Broomknowe Bar, 6 Broomknoll Street, Airdrie – On/Off Sales – 30 605 – Airdrie Bowling Club, 2 Manse Place, Airdrie – On Sales - 94 197 – Iceland Foods Limited, 23-25 Graham Street, Airdrie – Off Sales – 4.55 sqm 231 – Pulse, 11 Graham Street, Airdrie – On Sales – 400 354 – Legends – 75 Graham Street – On/Off Sales – 270 516 – Treasury Bar, 7 Graham Street, Airdrie – On/Off Sales – 402 747 – Home Bargains, Units 78-88 Graham Street, Airdrie – Off Sales – 22.47 sqm 770 – Savers Health & Beauty, 16 Graham Street, Airdrie – Off Sales – 4.4 sqm 776 – Bozmar – 127 Graham Street – Off Sales – 5.28 sqm 777 – I Kandy – 129 Graham Street – On Sales – 300 525 – Morrisons – 15 Gartlea Road – Off Sales – 249.73 sqm 926 – Airdrie Gartlea Service Station, Gartlea Road, Airdrie – Off Sales – 8.61 sqm Page 31 of 156
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (Booze n Chews, 38 Stirling Street, Airdrie ML6 0AH) (Dates: 18/09/2024 – 17/09/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 14 (PS-20241030-3304, PS-20241118-3978, PS-20250619-1716, PS-20250625-2323, PS-20250711-4419, PS-20250813-2523, PS-20250815-3416, PS-20250911-2219, PS-20250310-3267, PS-20250214-2882, PS-20241102-0674, PS-20250703-2610, PS-20241011-3624, PS-20250405-3101) Drugs / Solvent abuse 1 (PS-20250208-4072) Disturbances 35 (PS-20250623-1893, PS-20250810-0522, PS-20241102-0435, PS-20241109-0389, PS-20241109-0613, PS-20241117-0169, PS-20241124-0595, PS-20241217-3365, PS-20250316-3321, PS-20250607-2723, PS-20250627-4410, PS-20250701-1587, PS-20250711-2318, PS-20250721-2736, PS-20250809-3958, PS-20241220-4197, PS-20250206-2851, PS-20250217-3357, PS-20250412-4050, PS-20250427-3800, PS-20250517-3983, PS-20250519-3929, PS-20250615-0471, PS-20250505-3033, PS-20250517-4243, PS-20250730-4090, PS-20241003-3620, PS-20250131-0025, PS-20250403-2646, PS-20250906-3844, PS-20240924-3010, PS-20241011-3331, PS-20241214-2311, PS-20240928-3364, PS-20241230-3193) Drinking in public places 0 Assault 6 (PS-20250802-3474, PS-20240922-0623, PS-20241020-0626, PS-20250217-3666, PS-20241014-3257 & PS-20250701-2953) Damage to property 1 (PS-20241223-2488) Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 23 (CR/202181/25, CR/203349/25, CR/415133/24, CR/437275/24, CR/437276/24, CR/104199/25, CR/131910/25, CR/146016/25, CR/152682/25, CR/20893/25, CR/260008/25, CR/26473/25, CR/267066/25, CR/288364/25, CR/299690/25, CR/370775/25, CR/374092/24, CR/377431/25, CR/380930/24, CR/396584/24, CR/396590/24, CR/447930/24, CR/49551/25) APPENDIX 2 Page 33 of 156
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OFFICIAL OFFICIAL Culpable and Reckless Conduct 1 - CR/16538/25 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 50(1)] 0 Drug related offences 3 x Possession (CR/267176/25, CR/70485/25, CR/90930/25) 1 supply - CR/70475/25 Assaults 11 common assaults (CR/172342/25, CR/272804/25, CR/274242/25, CR/318045/25, CR/369618/24, CR/370740/25, CR/374063/24, CR/421097/24, CR/39838/25, CR/39876/25, CR/64884/25) 2 Emergency Worker assaults (CR/377437/25, CR/39877/25) Indecent Assault 0 Street Drinking 4 ( CR/121886/25, CR/145920/25, CR/411166/24, CR/411167/24) Urinating [Civic Govt.(S) Act 1982 Section 47] 1 - CR/23797/25 Vandalism (including fireraising and malicious mischief) 6 (CR/230655/25, CR/26509/25, CR/421048/24, CR/39875/25, CR/489142/24, CR/60622/25) Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) 0 Page 34 of 156
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 07/11/25 Application for Provisional Premises Licence – Spar, 52 Abernethyn Road, Newmains ML2 9NB From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 1. Background 1.1 The Licensing Board has received an application for a new provisional premises licence in respect of the premises at Spar, 52 Abernethyn Road, Newmains ML2 9NB. In terms of section 23 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires Executive Summary The purpose of this report is to present an application for a provisional premises licence under sections 20 and 45 of the Licensing (Scotland) Act 2005. Such and application requires to be determined by the Licensing Board. Recommendations It is recommended that the Licensing Board considers and determines the application for a provisional premises licence as detailed in the report in terms of one of the following options: - 1. to grant the application, subject to statutory conditions and any other conditions that the Licensing Board may wish to impose; 2. to propose a modification to the operating plan or layout plan (or both) and if accepted, grant the application subject to the statutory conditions and any other conditions that the Licensing Board may wish to impose; 3. to defer the application to the next Licensing Board; or 4. to refuse the application on one or more of the grounds referred to in paragraph 2.3 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item 4 Page 35 of 156
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to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. 1.2 An application for a provisional premises licence is made when a premises is yet to be, or is in the course of being, constructed or converted for use as a licensed premises. Alcohol is not permitted to be sold under a provisional premises licence until the licence is confirmed. 1.3 The Licensing Board is asked to consider and determine the application for a new provisional premises licence as detailed in the attached Appendix 1 of the report. 2. Report 2.1 A provisional premises licence application, as detailed in Appendix 1, has been made by Imran Bari, in respect of premises at Spar, 52 Abernethyn Road, Newmains ML2 9NB. GNE Consultancy Ltd has submitted the application on Imran Bari’s behalf. The premises is a newly created unit located next door to Robins Bar, Abernethyn Road, Newmains. The premises is a single storey unit located on Abernethyn Road and Muirhouse Road, Newmains and is a modern local convenience store with the following features: 2.1.1 Off Sale hours of 10am to 10pm daily (which are those permitted in terms of section 65 of the Act). 2.1.2 Recorded background music may be played within and outwith core hours. 2.1.3 The sale of tobacco, food, non-food and other household goods, food to go and the provision on ancillary services within and outwith core licensed hours. Home delivery of food and alcohol. Parcel collection service. 2.1.4 Off sales capacity 22.5m². 2.2 Section 23 of the Act provides that if a provisional premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 2.2.1 if none of them apply, the Licensing Board must grant the application, or 2.2.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the subject premises are excluded premises; 2.3.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). Page 36 of 156
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2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, 2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 2.5 Where the Licensing Board refuses the application: 2.5.1 the Board must specify the ground for refusal, and 2.5.2 if the ground of refusal is that specified at 2.3.3 or 2.3.4, the Board must specify the licensing objective or objectives in question: 2.5.2.1 preventing crime and disorder; 2.5.2.2 securing public safety; 2.5.2.3 preventing public nuisance; 2.5.2.4 protecting and improving public health, and Page 37 of 156
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2.5.2.5 protecting children and young persons from harm. 2.6 The Licensing Board is asked to note: 2.6.1 that there has been no previous application made to the Licensing Board. 2.6.2 that following all necessary and appropriate consultation, no objections have been received in respect of the application. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application for Provisional Premises Licence – Spar, 52 Abernethyn Road, Newmains ML2 9NB. Name Rachel Blair Title Clerk to the Licensing Board Page 38 of 156
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☒ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☒ No ☐ 5.6 Technology / Digital impact Page 39 of 156
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 40 of 156
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Application for Provisional Premises Licence Spar, 52 Abernethyn Road, Newmains List of Current Licensed Premises 507 – Robins Bar, 52 Abernethyn Road, Newmains – On/Off Sales – 220 308 – Asda Store, Morningside Road, Newmains – Off Sales – 145.938m2 208 – Scotmid, 136G Manse Road, Newmains – Off Sales – 43.8m2 582 – Newmains Flying Social and Recreation Club, 90-94 Manse Road, Newmains – On Sales – 70 839 – Newmains Community Trust Centre, 15 Manse Road, Newmains – On Sales – 234 144 – St Brigid’s Centre, 5 Westwood Road, Newmains – On Sales – 135 468 – Westwood Store, 111A Westwood Road, Newmains – Off Sales – 8.8m2 933 – Shop Smart, 56 Westwood Road, Newmains – Off Sales – 22.4m2 Page 58 of 156
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North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 07/11/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary The purpose of this report is to provide Board Members with relevant information to be able to consider and determine an application to vary a premises licence in terms of section 29 of the Licensing (Scotland) Act 2005. Recommendations It is recommended that the Licensing Board considers and determines the application to vary a premises licence in terms of one of the following options: 1. to grant the application, subject to statutory conditions and any other specific conditions the Licensing Board may wish to impose; 2. to continue the application for consideration at the next meeting of the Licensing Board; or 3. to refuse the application on one or more of the grounds referred to in paragraph 1.5 of this report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Robins Bar, 52 Abernethyn Road, Newmains ML2 9NB. In terms of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. Licensing Board Application to Vary Premises Licence – Robins Bar, 52 Abernethyn Road, Newmains ML2 9NB Item 5 Page 61 of 156
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 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; 1.3.3 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 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 62 of 156
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing 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 (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been made by Mohammad Nasir, in respect of premises at Robins Bar, 52 Abernethyn Road, Newmains ML2 9NB. GNE Consultancy Ltd has submitted the application on Mohammed Nasir’s behalf. The variation sought is as follows: 2.1.1 The premises are being reduced in size and split into two units. 2.1.2 A reduction in the capacity of the premises from 220 to 199. 2.1.3 To amend the wording of Q6(e) of the Operating Plan from “Lounge bar for watching televised sports and waiting to leave and/or returning from football matches. Function suite for functions.” to read “Lounge bar for watching televised sports, waiting to leave and/or returning from football matches and when attending a private function.” 2.2 In terms of section 24A of the Licensing (Scotland) Act 2005, an Anti-Social Behaviour Report from Police Scotland was requested in terms of powers delegated to officers under the Scheme of Delegation set out in the current Statement of Licensing Policy. Said Anti-Social Behaviour Report is attached as Appendix 2 to the report. 2.3 In relation to the application, the Licensing Board is asked to note: 2.3.1 That following all necessary and appropriate consultation, no formal objections or representations were received. Page 63 of 156
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2.3.2 The Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix 1 to the report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – Robins Bar, 52 Abernethyn Road, Newmains ML2 9NB 4.2 Appendix 2 – Anti-Social Behaviour Report received from Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 64 of 156
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 65 of 156
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Licensing Board Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 66 of 156
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (Robins Bar, 52 Abernethyn Road, Newmains, Wishaw, ML2 9NB) (Dates: 18/09/2024 – 17/09/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 1 - PS-20241130-3852 Drugs / Solvent abuse 0 Disturbances 2 - PS-20250208-2564 & PS-20250611-0026 Drinking in public places 0 Assault 0 Damage to property PS-20250530-2968 Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 1 - CR/52224/25 Culpable and Reckless Conduct 0 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 50(1)] 0 Drug related offences 0 Assaults 1 - CR/185155/25 Indecent Assault 1 - CR/147943/25 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 1 - CR/225421/25 Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) Act 2005 Section 79] 0 APPENDIX 2 Page 81 of 156
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 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; 1.3.3 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 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 84 of 156
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing 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 (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been received from Tanveer Amjad in respect of premises at 13 High Street, Newarthill ML1 5JU in respect of the following: 2.1.1 The reconfiguration of the premises from a pub to an off-sales shop. 2.1.2 The removal of on-sale provision. 2.1.3 The alteration of off-sales hours to Monday to Sunday 10 am to 10 pm, and 2.1.4 The amendment of the capacity of the premises to 4.5m2. 2.2 In terms of section 24A of the Licensing (Scotland) Act 2005, an Anti-Social Behaviour Report from Police Scotland was requested in terms of powers delegated to officers under the Scheme of Delegation set out in the current Statement of Licensing Policy. Said Anti-Social Behaviour Report is attached as Appendix 3 to the report. 2.3 In relation to the application, the Licensing Board is asked to note: 2.3.1 That following all necessary and appropriate consultation, two formal objections were received. Those objections are set out within Appendix 2 to the report. 2.3.2 The Licensing Board is asked to consider and determine the application to Page 85 of 156
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vary the premises licence as detailed in the attached Appendix 1 to the report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – 13 High Street, Newarthill ML1 5JU 4.2 Appendix 2 – Formal Objections received from NHS Lanarkshire and a Newarthill resident. 4.3 Appendix 3 – Anti-Social Behaviour Report received from Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 86 of 156
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 87 of 156
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 88 of 156
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Date: 16th October 2025 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION TO VARY PREMISES LICENCE PREMISES: The Cottage, 3 High Street, Newarthill ML1 5JU Thank you for notification of the above application. We have considered this application and are concerned about the alcohol provision and harms in this area and specifically how increasing sales of alcohol through off sales and home deliveries may further contribute to these harms. We are also concerned about the visibility of alcohol to children, young people and those in recovery. Alcohol outlet density and alcohol related harms As noted by the World Health Organisationi, one of the most effective options for reducing alcohol harms is to restrict the availability of retailed alcoholii and data suggests purchasing alcohol for off sales consumption is a main factor in driving alcohol harms from unregulated consumption, due to the high volume of alcohol sold via off sales compared to on sales.iii Based on the most recently published data availableiv, the intermediate datazone of Newarthill already has a high provision of alcohol outlets and is in the highest 20% for off sales density in Scotland (number of outlets per 1000 population). Previous research evidence, using North Lanarkshire data, suggests a relationship between alcohol outlet density within an area and alcohol-related health harm. This research found: • Alcohol-related death rates in the neighbourhoods with the most off-sales outlets were 80% higher than in neighbourhoods with the least. • Alcohol-related hospitalisation rates in the neighbourhoods with the most alcohol outlets were double those in neighbourhoods with the least. Department of Public Health Kirklands Fallside Road Bothwell G71 8BB www.nhslanarkshire.scot.nhs.uk Licensing Board North Lanarkshire Council Civic Centre Windmillhill Street MOTHERWELL ML1 1AB APPENDIX 2 Page 97 of 156
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• Crime rates in the neighbourhoods with the most alcohol outlets were 3.3 times higher than in neighbourhoods with the least. • The link between alcohol outlet availability and harm was found even when other possible explanatory factors, such as age, sex, urban/rural status and levels of income deprivation, had been taken into account.v Within the vicinity of this premise, there are a range of premises where alcohol can be purchased including: Morrison’s Daily 2 minute walk (0.1 miles), Shahzad Stores 3 minute walk (0.2 miles), Day to Day Store 4 minute walk (0.2 miles), USave 6 minute walk (0.3 miles) and Morrison’s Daily 6 minute walk (0.3 miles). In terms of alcohol harms, across Scotland and North Lanarkshire, 20% of the adult population self-report as drinking alcohol to hazardous or harmful levels.vi Figure 1 outlines the trend in alcohol-related hospital admissions for the Newarthill intermediate datazone and Motherwell locality compared to Scotland. The rate of admissions per 100,000 population for this IDZ for the most recent year is 724.3 (CI 453.2-1094.8) whilst the Motherwell rate is 716.2 (645.5-792.4) compared to a Scotland rate of 548.5 (542.2-554.8). The Motherwell area has consistently had a higher rate of hospital admissions than Scotland in recent years. Figure 1 Alcohol-related hospital admissions Source: ScotPHO profiles Data demonstrates that there are some groups disproportionately affected by alcohol- related harms in terms of both morbidity and mortality. Those from areas of deprivation Page 98 of 156
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i https://www.who.int/news-room/fact-sheets/detail/alcohol ii https://www.who.int/news-room/fact-sheets/detail/alcohol iii MESAS monitoring report 2022 - Publications - Public Health Scotland iv https://creshmap.com/ v alcohol-outlet-availability-and-harm-in-south-lanarkshire.pdf (alcohol-focus-scotland.org.uk) vi https://www.gov.scot/publications/scottish-health-survey-2023-volume-1-main-report/ Page 101 of 156
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (The Cottage, 13 High Street, Newarthill, ML1 5JU) (Dates: 03/10/2024 – 02/10/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 0 Drugs / Solvent abuse 0 Disturbances 0 Drinking in public places 0 Assault 1 (PS-20250214-2948) Damage to property 0 Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 1 (CR/213873/25) Culpable and Reckless Conduct 0 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 0 Drug related offences 0 Assaults 1 (CR/213873/25) Indecent Assault 0 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 0 Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) 0 APPENDIX 3 Page 103 of 156
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North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 07/11/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary The purpose of this report is to provide Board Members with relevant information to be able to consider and determine an application to vary a premises licence in terms of section 29 of the Licensing (Scotland) Act 2005. Recommendations It is recommended that the Licensing Board considers and determines the application to vary a premises licence in terms of one of the following options: 1. to grant the application, subject to statutory conditions and any other specific conditions the Licensing Board may wish to impose; 2. to continue the application for consideration at the next meeting of the Licensing Board; or 3. to refuse the application on one or more of the grounds referred to in paragraph 1.5 of this report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at 33 Forrest Street, Airdrie ML6 7AE. In terms of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. Licensing Board Application to Vary Premises Licence - 33 Forrest Street, Airdrie ML6 7AE Item 7 Page 105 of 156
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 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; 1.3.3 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 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 106 of 156
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing 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 (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been made by Barry Hanif in respect of premises at 33 Forrest Street, Airdrie ML6 7AE. The application has been received from B McMahon Consultancy Ltd on Barry Hanif’s behalf. The variations sought are as follows: 2.1.1 An increase in the alcohol display area from 18.81m2 to 22.41m2. 2.2 In terms of section 24A of the Licensing (Scotland) Act 2005, an Anti-Social Behaviour Report from Police Scotland was requested in terms of powers delegated to officers under the Scheme of Delegation set out in the current Statement of Licensing Policy. Said Anti-Social Behaviour Report is attached as Appendix 2 to the report. 2.3 In relation to the application, the Licensing Board is asked to note: 2.3.1 that following all necessary and appropriate consultation, no formal objections or representations were received. 2.3.2 the Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix 1 to the report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. Page 107 of 156
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4. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – 33 Forrest Street, Airdrie ML6 7AE 4.2 Appendix 2 – Anti-Social Behaviour Report received from Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 108 of 156
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 109 of 156
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Board Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 110 of 156
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 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; 1.3.3 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 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 118 of 156
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing 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 (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been made by Sandeep Benning, in respect of premises at The Crowwood Hotel, Cumbernauld Road, Glasgow G69 9BS. Steve Ireland, Operations Director, has submitted the application on Sandeep Benning’s behalf. The variation sought is as follows: 2.1.1 the addition of a conservatory area within the premises licence which adds capacity for an additional 24 diners to the restaurant. 2.2 On 21 April 2023 the Licensing Board considered this application. It continued the application to a future hearing of the Licensing Board pending the outcome of the Building Warrant decision. 2.3 On 23 September 2024 Licensing Standards Officer, Isobel Cox carried out a compliance check at the Crowwood Hotel. At that visit, Mrs Cox found that the Building Warrant decision had still not been issued and was not being chased up by anyone. Mrs Cox spoke with the operators of the Crowwood Hotel who advised that they would pursue this. They advised that they would contact Planning and Pollution Control and contract a company to carry out the work required by Pollution Control instructions. 2.4 On 5 August 2025, Mrs Cox followed up on her previous visit and found that the Building Warrant decision still had not been issued. Pollution Control also confirmed that the necessary work had not been carried out. Mrs Cox found that the conservatory area was nevertheless being used by the Crowwood Hotel for dining and consumptin of alcohol, despite no valid premises licence being in place to cover that area. Page 119 of 156
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2.5 On 26 September 2025 a compliance notice under section 14 of the Licensing (Scotland) Act 2005 was served on the licence holder of the Crowwood Hotel by Licensing Standards Officers Isobel Cox and Kimberley Johnstone. A copy of this notice is attached at Appendix 2 to this report. It had been observed that the conservatory area of the premises was being used for dining and consumption of alcohol despite the fact that: 2.5.1 variation of the premises licence to incorporate the conservatory area had not been granted; and 2.5.2 a Section 27 Notice under the Building (Scotland) Act 2003 remains extant and the conservatory area does not have a completion certificate, making its occupation an offence under the Building (Scotland) Act 2003. 2.6 Building Standards has confirmed that the conservatory area does not have Building Warrant approval as sign-off from Pollution Control is required prior to issuing the Building Warrant decision. 2.7 Pollution Control has confirmed that discussions with the applicant and their agent took place last year regarding a possible way forward. A gas risk assessment was carried out and a report was submitted by the applicant’s consultant. The report was reviewed, and queries issued to the consultant, however, a full response was not forthcoming. In the absence of a full response from the consultant, Pollution Control is unable to verify the conclusions within the report and, as a result, unable to consider any proposed mitigation. 2.8 In relation to the application, the Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix 1 to the report. The options for the Board are to: 2.8.1 to grant the application, subject to statutory conditions and any other specific conditions the Licensing Board may wish to impose; 2.8.2 to continue the application for consideration at a future meeting of the Licensing Board; or 2.8.3 to refuse the application on one or more of the grounds referred to in paragraph 1.5 of this report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – The Crowwood Hotel, Cumbernauld Road, Glasgow G69 9BS 4.2 Appendix 2 – Section 14 Compliance Notice. Page 120 of 156
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Name Rachel Blair Title Clerk to the Licensing Board Page 121 of 156
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 122 of 156
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Licensing Board Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 123 of 156
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North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 07/11/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary The purpose of this report is to provide Board Members with relevant information to be able to consider and determine whether to grant a general extension to licensed hours for the festive period 2025/26 in terms of Section 67 of the Licensing (Scotland) Act 2005. Recommendations It is recommended: 1. that the Licensing Board makes a determination, in terms of Section 67 of the Licensing (Scotland) Act 2005, to the effect that a general extension to licensed hours for the festive period 2025/26 shall apply to on-sale premises only and shall have effect for the period from 15 December 2025 to 4 January 2026; 2. that the Licensing Board determines that from 15 December 2025 to 4 January 2026, on-sale premises that sell alcohol for consumption on the premises may trade until 1am; 3. that the Licensing Board determines that on 24, 25 and 31 December 2025 and 1 January 2026 on-sale premises that sell alcohol for consumption on the premises may trade until 2am; 4. that the Licensing Board determines that from 15 December 2025 to 4 January 2026, late opening premises (premises where the terminal hour is usually later than 1am) may trade for one extra hour; 5. that the Licensing Board determines that on 24, 25 and 31 December 2025 and 1 January 2026 late opening premises (premises where the terminal hour is usually later than 1am) may trade until 4am; 6. that the Licensing Board determines that there is no requirement for premises to apply for extended hours during this period as long as the premises adhere to the hours determined above, and 7. that the Licensing Board determines that there is no obligation for any premises to trade during the period of extension to the licensed hours specified above. Licensing Board Festive Extended Hours Policy 2025/26 Item 9 Page 149 of 156
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The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement 1. Background 1.1 In terms of Section 67(1) of the Licensing (Scotland) Act 2005, a Licensing Board may, if it considers it appropriate to do so in connection with a special event of local or national significance, make a determination extending licensed hours by such period as the Board may specify. 1.2 A determination under subsection (1) may apply to— 1.2.1 the whole of the Licensing Board's area or only to specified parts of the area, 1.2.2 licensed hours generally or only to specified descriptions of licensed hours, and 1.2.3 all licensed premises in the Board's area or only to specified descriptions of such premises. 1.3 A determination under subsection (1) has effect for such period as the Board may specify. 1.4 Where a Licensing Board makes a determination under subsection (1), the Board must— 1.4.1 give notice of the determination to— 1.4.1.1 the chief constable, and 1.4.1.2 the holders of premises licences and occasional licences in respect of premises to which the determination applies, and 1.4.2 publicise it in such manner as the Board sees fit. 1.5 Nothing in this section is to be taken as requiring any licensed premises to be open for the sale of alcohol during the period of any extension of licensed hours specified in a determination under subsection (1). 2. Report 2.1 The Licensing Board is asked to consider and determine a grant of a general extension to licensed hours for the festive period 2025/26 in terms of Section 67 of the Licensing (Scotland) Act 2005. Such a determination is proposed as follows: 2.1.1 From 15 December 2025 to 4 January 2026 2.1.1.1 On-Sale Premises that sell alcohol for consumption on the premises may trade until 1am. 2.1.1.2 Late Opening Premises (premises where the terminal hour is usually later than 1am) may trade for one extra hour. Page 150 of 156
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2.1.2 On 24, 25 and 31 December 2025 and 1 January 2026 2.1.2.1 On-Sale Premises that sell alcohol for consumption on the premises may trade until 2am. 2.1.2.2 Late Opening Premises (premises where the terminal hour is usually later than 1 am) may trade until 4am. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 – Proposed Festive Extended Hours 2025/26. Name Rachel Blair Title Clerk to the Licensing Board Page 151 of 156
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Appropriate legal advice must be provided to the Board in order to inform the decisions it is required to make. A legal advisor is therefore required to be present at each Licensing Board Hearing. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 152 of 156
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk of legal challenge to decisions made by the Board. This is managed and mitigated by the provision of appropriate legal advice before and during each Hearing. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 153 of 156
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Proposed Festive Extended Hours 2025/26 All On-Sale Premises From 15 December 2025 to 4 January 2026. • On-Sale Premises that sell alcohol for consumption on the premises may trade until 1 am. • Late Opening Premises (premises where the terminal hour is usually later than 1 am) may trade for one extra hour. All On-Sale Premises On 24, 25 and 31 December 2025 and 1 January 2026 • On-Sale Premises that sell alcohol for consumption on the premises may trade until 2 am. • Late Opening Premises (premises where the terminal hour is usually later than 1 am) may trade until 4 am. There is no need for premises to apply for extended hours during the above period so long as the premises adhere to those hours. There is no obligation for any premises to trade during the above extended hours period. APPENDIX 1 Page 155 of 156
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