Agenda Document Pack - Licensing Board - 28/11/2025
North Lanarkshire Council · 28 November 2025
Back to Licensing Board — 28 November 2025 and its agenda
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Clerk Name: Committee Services Clerk Telephone: Clerk Email: committee@northlan.gov.uk 21 November 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, 28 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 100
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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 - 7 November 2025 Submit Minute of Meeting of the Licensing Board held on 7 November 2025 5 - 8 3 Application to Vary Premises Licence – 56 Main Street, The Village, Cumbernauld Applicant: Cumbernauld Retail Ltd 9 - 56 4 Application to Vary Premises Licence – Newhouse Beefeater, Edinburgh Road, Newhouse, Motherwell Applicant: Whitbread Group PLC 57 - 100 5 Application for the Grant of an Occasional Licence - Outlandish Brewing Company, The Hayloft, Woodend Farm, Birkenshaw Road, Glenboig Applicant: Ronald Lees (copy to follow) EXCLUSION OF PUBLIC The Sub-Committee is asked to consider passing the following resolution: "That under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph three and six of Part 1 of Schedule 7A of the Act". 6 Application for Transfer of Premises Licence - 60 Clark Street, Airdrie Applicant: MKA Commercial Ltd Page 3 of 100
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LICENSING BOARD – 7 NOVEMBER 2025 1 Friday, 7 November 2025 at 10am. A Meeting of the LICENSING BOARD PRESENT Councillor S. Coyle, Convener; Councillors, McLaren, Nolan, Robb, and Toner. CHAIR Councillor S. Coyle (Convener) presided. IN ATTENDANCE Clerk to the Licensing Board, and Democratic Co-Ordinator. ALSO IN ATTENDANCE Licensing Standards Officer. Constable Paul Doria, Police Scotland. In respect of paragraph three - Neil Miller, NMLC Licensing Consultancy and Dyarco Faqewii. In respect of paragraphs four and five – Gordon Emslie GNE Consultancy Ltd, Mohammed Nasir and Imran Bari. In respect of paragraph seven – Gordon Emslie GNE Consultancy Ltd and Barry Hanif. In respect of paragraph nine – Gordon Jorgenson, Senior Environmental Health Officer, Iain Davidson, Building Standards Officer and Steve Ireland, Agent. APOLOGIES Councillors M Coyle, Docherty, McVey, and Thomas. 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 – 26 SEPTEMBER 2025 2. There was submitted the Minute of the meeting of the Licencing Board held on 26 September 2025 for approval. Decided: that the terms of the Minute be approved. APPLICATION FOR PREMISES LICENCE - BOOZE N CHEWZ, 38 STIRLING STREET, AIRDRIE 3. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by Dana Ibrahim Ezzat to for a Premises Licence in respect of the premises at Booze N Chewz, 38 Stirling Street, Airdrie; and (2) advising that no objections had been received. The Board then heard from Constable Doria outline the Local Policing Commander, Lanarkshire Division’s report. Thereafter, the Board then heard from the applicant’s representative, Neil Miller, NMLC Licensing Consultancy, representing the applicant, speak in support of the application. Item 2 Page 5 of 100
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LICENSING BOARD – 7 NOVEMBER 2025 2 Neil Miller, Dyarco Faqewii, the Licensing Standards Officer and Constable Doria withdrew from the meeting and the Board resumed consideration of the matter. Neil Miller, Dyarco Faqewii, the Licensing Standards Officer and Constable Doria were readmitted to the meeting. Decided: that the application for a Premises Licence at Booze N Chewz, 38 Stirling Street, Airdrie be granted, subject to the condition that item 5(f) on the application, relating to home deliveries, be removed. The Convener exercised their discretion to vary the order of business as hereinafter minuted. APPLICATION TO VARY PREMISES LICENCE - ROBINS BAR, 52 ABERNETHYN ROAD, NEWMAINS 4. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by Mohammad Nasir to vary the premises Licence in respect of the premises at Robins Bar, 52 Abernethyn Road, Newmains; and (2) advising that no objections had been received. The Board then heard from Constable Doria outline the Local Policing Commander, Lanarkshire Division’s report. Thereafter, the Board then heard from the applicant’s representative, Gordon Emslie, GNE Consultancy, representing the applicant, speak in support of the application. Gordon Emslie, Mohammed Nasir, Imran Bari, Licensing Standards Officer and Constable Doria withdrew from the meeting and the Board resumed consideration of the matter. Gordon Emslie, Mohammed Nasir, Imran Bari, Licensing Standards Officer and Constable Doria were readmitted to the meeting. Decided: that the application to vary the Premises Licence at Robins Bar, 52 Abernethyn Road, Newmains be granted subject to the following conditions: • that the maximum capacity of the premises be reduced from 195 persons to 150 persons; and • that children and young people be permitted access to the lounge, only when accompanied by an adult, and solely for the purposes of departing to attend a football match, or attending a private function. APPLICATION FOR PROVISIONAL PREMISES LICENCE - SPAR, 52 ABERNETHYN ROAD, NEWMAINS 5. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by Imran Bari for a provisional premises Licence in respect of premises at Spar, 52 Abernethyn Road, Newmains; and (2) advising that no objections had been received. The Board then heard from Constable Doria outline the Local Policing Commander, Lanarkshire Division’s report. Thereafter, the Board then heard from the applicant’s representative, Gordon Emslie, GNE Consultancy, representing the applicant, speak in support of the application. Gordon Emslie, Mohammed Nasir, Imran Bari, Licensing Standards Officer and Constable Doria withdrew from the meeting and the Board resumed consideration of the matter. Gordon Emslie, Mohammed Nasir, Imran Bari, Licensing Standards Officer and Constable Doria were readmitted to the meeting. Page 6 of 100
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LICENSING BOARD – 7 NOVEMBER 2025 3 Decided: that the application for a Provisional Premises Licence at Spar, 52 Abernethyn Road, Newmains be granted subject to the following conditions: • that the home delivery of alcohol only be undertaken when food is being delivered; and • that all alcohol deliveries be subject to the implementation of Challenge 25. APPLICATION TO VARY PREMISES LICENCE - 13 HIGH STREET, NEWARTHILL 6. The Clerk to the Board advised that this application had been withdrawn. Decided: that the withdrawal of the application to vary the Premises Licence at The Cottage, 13 High Street, Newarthill be noted. APPLICATION TO VARY PREMISES LICENCE - 33 FORREST STREET, AIRDRIE 7. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by Barry Hanif to vary the premises Licence in respect of premises at 33 Forrest Street, Airdrie; and (2) advising that no objections had been received. The Board then heard from Constable Doria outline the Local Policing Commander, Lanarkshire Division’s report. Thereafter, the Board then heard from the applicant’s representative, Gordon Emslie, GNE Consultancy, representing the applicant, speak in support of the application. Gordon Emslie, Barry Hanif, Licensing Standards Officer and Constable Doria withdrew from the meeting and the Board resumed consideration of the matter. Gordon Emslie, Barry Hanif, Licensing Standards Officer and Constable Doria were readmitted to the meeting. Decided: that the application to vary the Premises Licence at 33 Forrest Street, Airdrie be granted. FESTIVE EXTENDED HOURS POLICY 2025/26 8. There was submitted a report by the Clerk to the Licensing Board 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. Decided: (1) that, in terms of Section 67 of the Licensing (Scotland) Act 2025, to the effect that a general hours extension for the festive period 2025/26 shall apply to on-sale premises only and shall have effect from the period from 15 December 2025 to 4 January 202, be approved; (2) that from 15 December 2025 to 4 January 2025 on-sale premises that sell alcohol for consumption on the premises may trade until 1am, be approved; (3) 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, be approved; (4) 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 hour extra, be approved; Page 7 of 100
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LICENSING BOARD – 7 NOVEMBER 2025 4 (5) that on 24, 25 and 31 December 2025 and 1 January 2026 late opening premises (premises whether the terminal hour is usually later than 1am) may trade until 4am, be approved; (6) 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 be acknowledged; (7) that there is no obligation for any premises to trade during the period of extension to the licensed hours specified above, be acknowledged; and (8) that publication of the general extension to licensed hours for the festive period 2025/26, on the Council’s website, be approved. At 11.55am, the Convener proposed an adjournment, which was agreed. The Board reconvened at 12:50pm. APPLICATION TO VARY PREMISES LICENCE - THE CROWWOOD HOTEL, CUMBERNAULD ROAD, GLASGOW 9. There was submitted a report by the Clerk to the Licensing Board: attaching (1) an application by Sandeep Benning to vary the premises Licence in respect of premises at the Crowwood Hotel, Cumbernauld Road, Glasgow; and (2) advising that a Section 14 Compliance Notice had been issued in relation to the premises. The Clerk advised the Board that Sandeep Benning was not in attendance however, confirmed that Steve Ireland, Agent was in attendance and was happy to proceed. The Board heard (1) the Licensing Standards Officer provide an overview of the Section 14 Compliance Notice that had been issued; (2) the Senior Environmental Health Officer highlight concerns on the gas risk assessment previously undertaken; (3) the Building Standards Officer inform that a Building Warrant for the conservatory area had not yet been approved; and (4) from Steve Ireland, representing the applicant, speak in support of the application. Constable Doria confirmed that Police Scotland had no comments on the application. Steve Ireland, the Licensing Standards Officer, the Senior Environmental Health Officer, the Building Standards Officer and Constable Doria withdrew from the meeting and the Board resumed consideration of the matter. Steve Ireland, the Licensing Standards Officer, the Senior Environmental Health Officer, the Building Standards Officer and Constable Doria were readmitted to the meeting. Decided: that the application to vary the premises licence at the Crowwood Hotel, Cumbernauld be refused for the purposes of the following licensing objectives: • Securing public safety; and • Preventing and improving public health. Page 8 of 100
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North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 28/11/25 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 in order 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 On 11 August 2025 an application for a non-minor variation was made in respect of the licensed premises at Cumbernauld Grocers, 56 Main Street, The Village, Cumbernauld G67 2RX. In terms of the Licensing (Scotland) Act 2005 (“the 2005 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 – 56 Main Street, The Village, Cumbernauld G67 2RX Item 3 Page 9 of 100
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 2.1.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 2.2.1 any of the information contained in the operating plan contained in the licence; 2.3.1 the layout plan contained in the licence; or 2.4.1 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: 3.1.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 3.2.1 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; 3.3.1 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 3.4.1 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 4.1.1 if none of them apply, the Licensing Board must grant the application, or 4.2.1 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 5.1.1 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); 5.2.1 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 5.3.1 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 10 of 100
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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, 5.4.1 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. 7.1.1 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. 1.8 In terms of Regulation 5 of the Premises Licence (Scotland) Regulations 2007: 1.8.1 A layout plan– 1.8.1.1 is to show the matters specified in paragraph 1.8.2; 1.8.1.2 is to show the matters specified in paragraph 1.8.3 in the case of premises to be licensed for the sale of alcohol for consumption on the premises; 1.8.1.3 is to show the matters specified in paragraph 1.8.4 in the case of premises to be licensed for the sale of alcohol for consumption off the premises; and 1.8.1.4 may include a legend through which the matters mentioned or referred to in those paragraphs are sufficiently illustrated by the use of symbols on the plan. 1.8.2 The matters specified in this paragraph are– 1.8.2.1 the extent and dimensions of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter and dimensions of the premises to be licensed (including outside drinking areas); 1.8.2.2 the location and names of any streets surrounding the premises from which members of the public have access to the premises; 1.8.2.3 the location and width of each point of access to and Page 11 of 100
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egress from the premises; 1.8.2.4 the location and width of any other escape routes from the premises; 1.8.2.5 the location of any equipment used for the detection or warning of fire or smoke or for fighting fires; 1.8.2.6 the location of any steps, stairs, elevators or lifts on the premises; 1.8.2.7 the location of any toilets on the premises (identified as male, female or disabled as appropriate); 1.8.2.8 any area on the premises set aside specifically for the use of children and young persons; and 1.8.2.9 any area on the premises to which children and young persons will have access. 1.8.3 The matters specified in this paragraph are the use or uses to which each part of the premises will be put (under reference to the activities identified in the operating plan). 1.8.4 The matters specified in this paragraph are– 1.8.4.1 the location of the area or areas to be used for the display of alcohol; 1.8.4.2 the maximum width and height (in metres) of the frontage to be used for the display of alcohol within that area or those areas; and 1.8.4.3 the maximum linear measurement (in metres) of any displays of alcohol outside the frontage referred to in head (b). 2. Report 2.1 On 11 August 2025 a non-minor variation application, as detailed in Appendix 1 of the report, was made by Cumbernauld Retail Ltd in respect of premises at Cumbernauld Grocers, 56 Main Street, The Village, Cumbernauld G67 2RX. The variations sought are as follows: 1.1.1 The amendment of off-sales hours from Monday to Sunday 10 am to 9 pm to Monday to Sunday 10 am to 10 pm, and 1.2.1 The addition of Recorded music within and outwith core hours. 1.3.1 That background recorded music will be played within and outwith core hours. 1.4.1 The addition of Post Office services, home delivery of food and alcohol, and Food to Go. 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 That following all necessary and appropriate consultation, one objection has been received from NHS Lanarkshire. A copy of the objection is set out within Appendix 2 to the report. 2.2.2 The applicant’s agent has confirmed that the Post Office services will be Page 12 of 100
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provided at an additional terminal on the existing counter and that there will be no separate Post Office area. In terms of Regulation 5 of the Premise Licence (Scotland) Regulations 2007 the layout plan does not require to be updated in respect of a variation to the operating plan for an off-sales premises. 2.2.3 As no increase to the area used for the sale of alcohol is being sought, overprovision will not be a relevant consideration for the Board. Accordingly, no list of current licensed premises in the locality has been provided. 2.2.4 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. 2.3 For the benefit of Members, photographs of the premises are attached as Appendix 3 to the report. The existing premises licence including operating plan and layout plan are attached as Appendix 4 to the report. 2.4 On 18 November 2025 Licensing Standards Officer, Jill Brown, visited the premises and prepared a report including recommendations as to specific conditions that Members may wish to consider applying. Said report is attached Appendix 5 to the report. On 19 November 2025 Ms. Brown’s report was provided to the applicant’s agent. The applicant’s agent indicated that he would be happy to accept the conditions. 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 – Cumbernauld Grocers, 56 Main Street, The Village, Cumbernauld G67 2RX with proposed operating plan 4.2 Appendix 2 –Objection received from NHS Lanarkshire. 4.3 Appendix 3 – Photographs of the Premises 4.4 Appendix 4 – Current Premises Licence – Cumbernauld Grocers, 56 Main Street, The Village, Cumbernauld G67 2RX including operating plan and layout plan 4.5 Appendix 5 – Licensing Standards Officer Report by Jill Brown dated 18 November 2025 Name Rachel Blair Title Clerk to the Licensing Board Page 13 of 100
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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 14 of 100
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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 15 of 100
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Minor Variation (change of premises manager including any other minor variation) £31.00 Minor Variation or Variations £20.00 Non Minor Variation £160.00 NORTH LANARKSHIRE LICENSING BOARD APPLICATION TO VARY PREMISES LICENCE LICENSING (SCOTLAND) 2005 - SECTION 29 Question 1 1(a) Name, address and postcode of licensed premises. 56 Main St The Village Cumbernauld G67 2RX 1(b) Premises Licence Reference Number. Premises Licence no 105 Question 2 Particulars of premises licence holder 2(a) Where licence holder is an individual, provide full name, date, place of birth and home address including postcode. N/A APPENDIX 1 Page 17 of 100
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2(b) Where licence holder is a partnership, please provide full name and postal address of partnership. N/A 2(c) Where licence holder is a company, please provide name, registered office and company registration number. Cumbernauld Retail Ltd 2 Millcraigs Drive Winchburgh West Lothian EH52 6FR SC815633 2(d) Where the licence holder is a club or other body, please provide full name and postal address of club or other body. N/A Question 3 3 (a) Is the variation to substitute another person as the premises manager? YES/NO If YES - please provide full name, date, place of birth and home address including post code. Please also produce the personal licence or a copy of the licence. 3 (b) Do you wish the application to have immediate effect? YES/NO Page 18 of 100
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Question 4 4 (a) Is the variation to the layout plan? YES/NO 4 (b) If YES please (1) attach seven sets of plans showing the proposed new layout of the premises; and (2) describe the variation to the plan. Question 5 Describe other variation(s) sought Amend the following items on the operating plan: Q3 – amend terminal off sales hour to 10pm – Mon – Sunday Q 5 ( c ) – Recorded music to be played within and outwith core hours Q5 ( e ) Recorded music to be played within and outwith core hours Q5 ( f ) – Add Post office services Home delivery of food and alcohol Food to Go Question 6 6 (a) Has there been a previous application for variation for these premises in the past year (including any time before the current licence holder acquired them)? YES/NO If “NO” go the question 7. 6 (b) If “YES” was that previous application refused? YES/NO 6 (c) If it was refused give details of that previous application: Name of the Applicant: Date of the Board decision: Summarise the variation which was then requested: 6 (d) If there has been a Board decision to refuse in the one year before the date of lodging this application please state which of (1) or (2) you think applies and if (2) applies state what you think the material change of circumstances has been:- (1) At the time of the earlier refusal the Board directed that the bar would not apply to any subsequent application. Page 19 of 100
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SCHEDULE 5 Regulation 6 OPERATING PLAN Licensing (Scotland) Act 2005, Section 20(2)(b)(i) Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? YES/NO* 1(b) Will alcohol be sold for consumption solely OFF the premises? YES/NO* 1(c) Will alcohol be sold for consumption both ON and OFF the premises? YES/NO* (*Delete as appropriate) Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES Day ON Consumption Opening Time Terminal hour Monday N/A N/A Tuesday N/A N/A Wednesday N/A N/A Thursday N/A N/A Friday N/A N/A Saturday N/A N/A Sunday N/A N/A Page 21 of 100
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2 Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Day OFF Consumption Opening Time Terminal hour Monday 10:00 22:00 Tuesday 10:00 22:00 Wednesday 10:00 22:00 Thursday 10:00 22:00 Friday 10:00 22:00 Saturday 10:00 22:00 Sunday 10:00 22:00 Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES/NO If YES – provide details Page 22 of 100
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3 Question 5 Please indicate the other activities or services that will be provided on the premises in addition to supply of alcohol COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation N N/A N/A Conference facilities N N N Restaurant facilities N N N Bar Meals N N N 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. N N N Club or other group meetings etc. N N N 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) Y Y Y Live performances see 5(g). N N N Page 23 of 100
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4 Dance Facilities N N N Theatre N N N Films N N N Gaming N N N Indoor/outdoor sports N N N Televised sport N N N 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities N N N 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment N N N Where you have answered YES in respect of any entry in column 4 above, please provide further details below. Background recorded music will be played within and outwith core hours 5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. Post office services Home delivery of food and alcohol Food to Go Page 24 of 100
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5 5(g) Late night premises opening after 1.00 a.m. Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85dB? N/A When fully occupied, are there likely to be more customers standing than seated? N/A *(delete as appropriate) Question 6 (On-sales only) CHILDREN AND YOUNG PERSONS 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry? N/A *(delete as appropriate) 6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry N/A 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry. N/A 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry. N/A 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry. N/A Page 25 of 100
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6 Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? Off sales 14.38m2 Question 8 PREMISES MANAGER (Note: not required where application is for grant of provisional premises licence) Personal details 8(a) Name Anjan Kumar Ramaiah 8(b) Date of Birth 13th Feb 1996 8(c) Contact Address 8(d) Email address N/A Page 26 of 100
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1 Date: 12th September 2025 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR NON-MINOR VARIATION PREMISES: SPAR, 56 Main Street, Cumbernauld, G67 2RX Lic. NO. 105 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 provision of off sales of alcohol may contribute to these harms over time. As noted by the World Health Organisation, one of the most effective options for reducing alcohol harms is to restrict the availability of retailed alcoholi. Data suggests purchasing alcohol for off sales consumption is a main factor in driving alcohol harms due to the high volume of alcohol sold via off sales compared to on sales.ii Furthermore, research using North Lanarkshire data suggests a relationship between alcohol outlet density within an area and alcohol related health harm. 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. 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.iii Across Scotland and North Lanarkshire, 20% of the adult population self-report as drinking alcohol to hazardous or harmful levelsiv and high levels of alcohol related harms are experienced. Department of Public Health NHS Lanarkshire Kirklands Hospital 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 28 of 100
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2 Within the Village and Castlecary IDZ, Alcohol-related hospital admissions are significantly higher than North Lanarkshire, North Lanarkshire North and Scotland as a whole. There were 1793.4 per 100,000 population (1363.1-2315.1), compared to 715.4 in North Lanarkshire (687-744.6), 534.7 in North Lanarkshire North (487.1- 585.8) and 548.5 in Scotland (542.2-554.8), in 2023/2024 (Figure 1).v Figure 1. Source: https://scotland.shinyapps.io/ScotPHO profiles tool/ Based on the most recently published data availablevi, this premise is based in the intermediate datazone of Village and Castlecary which has an off sales density in the highest quintile (top 20%) for off sales density across Scotland. In close vicinity to these premises, there are a number of other options for purchasing alcohol, namely, Shopsmart 4 minute drive, USAVE 8 minute drive and a further USAVE 5 minute drive, Stonylee Stores 5 minute drive, Nisa Superstore 4 minute drive, Asda 5 minute drive and Tesco Extra 6 minute drive. As well as concerns about off sales provision, there is also increasing concern over the rise in alcohol delivery services since the pandemic. A recent UK study by Alcohol Change UK into alcohol deliveries noted that almost half of people ordering alcohol for delivery were drinking more than the low risk drinking guidelines, compared to 20-30% of the wider population self-reported consumption rates. Over a third of those in the study stated they had only ever ordered for delivery because they had run out of alcohol and wanted to continue drinking and over half of this cohort said they would have stopped drinking if the delivery service hadn’t been available.vii Page 29 of 100
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4 v https://scotland.shinyapps.io/ScotPHO_profiles_tool/ vi https://creshmap.com/ vii Alcohol change UK (2024) Handle with care: the need for responsible alcohol delivery. https://alcoholchange.org.uk/publication/research-summary-the-need-for-responsible-alcohol-delivery viii Alcohol Focus Scotland (2022)) Online Alcohol Sales & Deliveries: A survey of young people in Scotland https://www.alcohol-focus-scotland.org.uk/resources/online-sales-and-deliveries-of-alcohol.pdf ix Alcohol change UK Delivering a problem? Online sales and deliveries of alcohol (2022) https://alcoholchange.org.uk/publication/delivering-a-problem-online-sales-and-deliveries-of-alcohol Page 31 of 100
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1 Licensing Standards Officer’s Report Subject: Non-minor variation To: Licensing Board Author(s) of Report: Jill Brown Licensing Standards Officer Date: 18 November 2025 Background 1.1 On 20 August 2025 North Lanarkshire Council received an application for a non-minor variation to Premises Licence 105 – Cumbernauld Grocers, 56 Main Street, The Village, Cumbernauld, G67 2RX. 1.2 Notice of the application was given by the Licensing Board and a copy of it was provided to the Chief Constable, Police Scotland and North Lanarkshire Council Licensing Standards Officers. It has also been put out for public consultation via the North Lanarkshire Council website. 1.3 The applicant wishes to vary the operating plan of the premises as follows:- o Amend the terminal off sales hour to 2200 hours Monday – Sunday o Recorded music to be played within and outwith core hours o Add Post Office services o Home delivery of food and alcohol; o Food to Go 1.4 The premises displayed a site notice with their proposed variations and no public objections were received. Legislation 2.1 In terms of s.14 of the Licensing (Scotland) Act 2005: 2.1.1 A Licensing Standards Officer for a council area has the following general functions— 2.1.1.1 providing to interested persons information and guidance concerning the operation of this Act in the area, 2.1.1.1.1 supervising the compliance by the holders of— 2.1.1.1.1.1 premises licences, or 2.1.1.1.1.2 occasional licences, in respect of premises in the area with the conditions of their licences and other requirements of this Act, APPENDIX 5 Page 54 of 100
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2 2.1.1.2 providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives,] 2.1.1.3 providing mediation services for the purpose of avoiding or resolving disputes or disagreements between— 2.1.1.3.1 the holders of the licences referred to in paragraph 2.1.1.1.1, and 2.1.1.3.2 any other persons, concerning any matter relating to compliance as referred to in that paragraph. Current Position 3.1 The Licensing Standards Officer has visited the premises, a compliance check has been completed with no issues identified. 3.2 On 17th November 2025, Agent Gordon Emslie was contacted and the variation application was discussed along with proposed conditions. Mr Emslie advised that the applicant is happy to accept the proposed conditions. 3.3 The Licensing Standards Officer can confirm that the premises displayed their site notice for 28 days as per the legislation. Licensing Standards Officer’s Comments 4.1 Should the Board be minded to grant the present application, the Licence Standards Officer suggests that the Board considers applying the following specific conditions: • the licenceholder shall ensure that Challenge 25 is applied by all delivery staff when making deliveries of alcohol from the Premises. • The licenceholder shall ensure that all delivery staff undergo 2 hour mandatory alcohol training. • The licenceholder shall ensure that all delivery staff maintain a register recording the details of any deliveries they have refused to make due to failure to verify age requirements or some other aspect of licensing law. • Alcohol will only be available for home delivery when accompanied by food orders. 4.2 Should the applicant adhere to these conditions, I would not have any concerns around this application. 4.3 The matter is referred to the Licensing Board for consideration. Jill Brown Licensing Standards Officer 18 November 2025 Page 55 of 100
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North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref REB/LT Date 28/11/25 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 in order 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 Newhouse Beefeater, Edinburgh Road, Newhouse, Motherwell ML1 5SY. In terms of the Licensing (Scotland) Act 2005 (“the 2005 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 – Newhouse Beefeater, Edinburgh Road, Newhouse, Motherwell ML1 5SY Item 4 Page 57 of 100
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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 58 of 100
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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 On 15 August 2025 a non-minor variation application, as detailed in Appendix 1 of the report, was made by Whitbread Group PLC in respect of premises at Newhouse Beefeater, Edinburgh Road, Newhouse, Motherwell ML1 5SY. The variations sought in terms of the application are as follows: 2.1.1 Amend the layout plan to remove the demise of the adjacent hotel accommodation from the licence area. 2.1.2 Amend the layout plan to reduce the extent of existing outdoor drinking facilities associated with the premises. 2.1.3 Amend the Operating Plan to remove Accommodation as a permitted activity. 2.1.4 Amend the Operating Plan to add external drinking facilities as a permitted activity. 2.1.5 Amend the Operating Plan to vary the narrative following Q5 to refer to “Gaming Machines” rather than “AWP” 2.1.6 Amend the description of the premises from “Hotel, Restaurant, Bar situated in own grounds” to “Restaurant and bar”. 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 that following all necessary and appropriate consultation, no formal objections or representations were received. 2.2.2 as no increase to the area used for the sale of alcohol is being sought, overprovision will not be a relevant consideration for the Board. Accordingly, Page 59 of 100
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no list of current licensed premises in the locality has been provided. 2.2.3 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. 2.3 For the benefit of Members, photographs of the premises are included as Appendix 2 to the report. The existing premises licence, along with the existing operating plan are included as Appendix 3. The current layout plan is available for Members to view at the meeting. 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 – Newhouse Beefeater, Edinburgh Road, Newhouse, Motherwell ML1 5SY including proposed operating plan and proposed layout plan. 4.2 Appendix 2 – Photographs of the premises. 4.3 Appendix 3 – Existing premises licence including operating plan. Name Rachel Blair Title Clerk to the Licensing Board Page 60 of 100
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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 61 of 100
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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 62 of 100
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Children and young persons of all ages (0 – 17 years). 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry During all core hours. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Restaurant area and upstairs function areas only Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? On Sales – 327 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name David Samuel Hooley Page 75 of 100
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Telephone number and email address of signatory – * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 77 of 100
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Name, postal address and telephone number of premises manager named in the operating plan Ross Thomas McKenna Number of the personal licence held by the premises manager named in the operating plan and the name of the issuing Licensing Board NL1523 North Lanarkshire Licensing Board Page 86 of 100
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Premises Licence:- Mandatory Conditions Interpretation 1. In this schedule, “the premises” means, in relation to any premises licence, the premises specified in the licence. Compliance with the operating plan 2(1) Alcohol is to be sold on the premises only in accordance with the operating plan contained in the licence. 2(2) Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2). 3. Any other activity to be carried on in the premises is to be carried on only in accordance with the operating plan contained in the licence. The premises manager 4(1) Alcohol is not to be sold on the premises at any time when— (a) there is no premises manager in respect of the premises, (b) the premises manager does not hold a personal licence, (c) the personal licence held by the premises manager is suspended, or (d) the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises. 4(2) In sub-paragraph (1), “appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d). 4(3) Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises manager to be present on the premises at the time any sale of alcohol is made. Authorisation of sales of alcohol 5. Every sale of alcohol made on the premises must be authorised (whether generally or specifically) by— (a) the premises manager, or (b) another person who holds a personal licence. Training of staff 6(1) No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph. 6(2) That is a capacity (whether paid or unpaid) which involves the person— (a) making sales of alcohol, or (b) where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person. Page 87 of 100
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6(2A) At any time when a person (other than a person who holds a personal licence) is working in the premises in a capacity mentioned in sub-paragraph (2), there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007. 6(2B) A record kept on the premises under sub-paragraph (2A) must be produced to a Licensing Standards Officer on request. 6(3) Regulations under sub-paragraph (1) prescribing training requirements may, in particular— (a) provide for the accreditation by the Scottish Ministers of— (i) courses of training, and (ii) persons providing such courses, for the purposes of the regulations, (b) prescribe different training requirements in relation to different descriptions of persons, (c) require that any person providing training or any particular description of training in accordance with the regulations hold a personal licence or such other qualification as may be prescribed in the regulations, and (d) require training to be undergone again at such intervals as may be prescribed in the regulations. Minimum price of alcohol 6A(1) Alcohol must not be sold on the premises at a price below its minimum price. 6A(2) Where alcohol is supplied together with other products or services for a single price, sub- paragraph (1) applies as if the alcohol were supplied on its own for that price. 6A(3) The minimum price of alcohol is to be calculated according to the following formula - MPU x S x V x 100 where – MPU is the minimum price per unit, S is the strength of the alcohol, and V is the volume of the alcohol in litres. 6A(4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3). 6A(5) For the purposes of sub-paragraph (3), where – (a) the alcohol is contained in a bottle or other container, and (b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions, the strength is taken to be the alcoholic strength by volume as indicated by the mark or label. 6A(6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5). Pricing of alcohol Page 88 of 100
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6B(1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises. 6B(2) Sub paragraph (1) applies - (a) only where each of the alcoholic products is for sale on the premises separately, and (b) regardless of whether or not the package also contains any item which is not an alcoholic product. 6B(3) In this paragraph, “alcoholic product” means a product containing alcohol and includes the container in which alcohol is for sale. 7. Where the price at which any alcohol sold on the premises for consumption on the premises is varied— (a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and (b) no further variation of the price at which that or any other alcohol is sold on the premises for consumption on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation. 7A Where the price at which any alcohol sold on the premises for consumption off the premises is varied – (a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and (b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation. Irresponsible drinks promotions 8(1) An irresponsible drinks promotion must not be carried on in or in connection with the premises. 8(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it— (a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18, (b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks), (c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink, (d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises), (e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume, (f) is based on the strength of any alcohol, (g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or (h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises. 8(3) Paragraphs (c) to (e) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises. Page 89 of 100
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8(4) The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to— (a) add further descriptions of drinks promotions, (b) modify any of the descriptions of drinks promotions for the time being listed in it, or (c) extend or restrict the application of any of those descriptions of drinks promotions. 8(5) In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises. Provision of non-alcoholic drinks 9(1) The conditions specified in this paragraph apply only to the extent that the premises licence authorises the sale of alcohol for consumption on the premises. 9(2) Tap water fit for drinking must be provided free of charge on request. 9(3) Other non-alcoholic drinks must be available for purchase at a reasonable price. Age Verification Policy 9A(1) There must be an age verification policy in relation to the sale of alcohol on the premises. 9A(2) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy). 9A(3) The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises. Payment of annual or recurring fees 10(1) The condition specified in sub-paragraph (2) applies only in relation to a premises licence in respect of which an annual or other recurring fee is to be paid by virtue of regulations under section 136(1). 10(2) The fee must be paid as required by the regulations. Notices – admission of persons under 18 11(1) The condition specified in this paragraph applies only in the case of premises on which alcohol is sold for consumption on the premises. 11(2) There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which– (a) states that persons under the age of 18 are not permitted on the premises; or (b) states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign. Baby changing facilities 12(1) The condition specified in this paragraph applies only in the case of premises– (a) which are not– (i) a vehicle; (ii) a vessel; Page 90 of 100
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(iii) a moveable structure; or (iv) used wholly or mainly for the purposes referred to in section 125(1); (b) on which alcohol is sold for consumption on the premises; and (c) to which children under the age of 5 are to be admitted. 12(2) There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender. Display, or promotion of the sale, of alcohol for consumption off the premises 13(1) Subject to sub paragraph (3), alcohol which is for sale only for consumption off the premises may be displayed only in one or both of the following– (a) a single area of the premises agreed between the Licensing Board and the holder of the licence; or (b) a single area of the premises which is inaccessible to the public. 13(1A) Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises. 13(1B) Any drinks promotion on the premises may take place only in any one or more of the following– (a) an area referred to in sub-paragraph (1)(a) and (b), (b) a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas. 13(1C) A drinks promotion in connection with the premises may not take place in the vicinity of the premises. 13(1D) For the purposes of sub-paragraph (1C), the “vicinity” means the area extending 200 metres from the boundary of the premises (as shown on the layout plan). 13(2) In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is– (a) a non-alcoholic drink, (b) packaged with, and may be purchased only along with, alcohol, (c) a branded non-alcoholic product, or (d) a newspaper, magazine or other publication. 13(2A) Sub-paragraph (2) is without prejudice to sub-paragraph (1B). 13(3) This paragraph does not apply in respect of premises – (a) whose main function is to provide a visitor attraction, and (b) where - (i) the premises form a part of a larger site which is used principally for the production of alcoholic drinks, or (ii) the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink. 13(4) In this paragraph - Page 91 of 100
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“branded non-alcoholic product” means a product which does not consist of or contain alcohol and which - (a) bears a name or image of, or (b) is an image of, an alcoholic product (namely, a product consisting of or containing alcohol), “drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is - (a) a branded non-alcoholic product for sale on the premises, or (b) a newspaper, magazine or other publication - (i) for sale on the premises, or (ii) if not for sale on the premises, which does not relate only or primarily to alcohol. Page 92 of 100
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry CHILDREN & YOUNG PERSONS OF ALL AGES (0-17 YEARS) 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry DURING ALL CORE HOURS. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry RESTAURANT AREA AND UPSTAIRS FUNCTION AREAS ONLY. Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? ON SALES - 327 Page 99 of 100
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