Agenda Document Pack - Licensing Board - 23/01/2026
North Lanarkshire Council · 23 January 2026
Back to Licensing Board — 23 January 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Clerk Name: Committee Services Clerk Telephone: Clerk Email: committee@northlan.gov.uk 16 January 2026. 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, 23 January 2026 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)B Baudo, J Cairns, K Docherty, J McLaren, A McVey, L Nolan, A Thomas, J Toner. Page 1 of 32
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Agenda
1 Declarations of Interest In Terms of the Ethical
Standards In Public Life Etc. (Scotland) Act 2000
2 Licensing Board Minute
Submit minute of meeting of the Licensing Board held
on 19 December 2025.
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3 Non-Payment of Annual Licensing Fees
Submit report by the Clerk to the Licensing Board
seeking recommendation to review outstanding Annual
Premises Licence Fees under the Licensing (Scotland)
Act 2005 ("the 2005 Act").
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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".
4 Personal Licence Review Hearing
Review of Personal Licence Holder - Jordon McDermot
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LICENSING BOARD – 19 DECEMBER 2025 1 Friday, 19 December 2025 at 10am. A Meeting of the LICENSING BOARD PRESENT Councillor S. Coyle, Convener, Councillors, M Coyle, Docherty, McVey and Nolan. CHAIR Councillor S. Coyle (Convener) presided. IN ATTENDANCE Clerk to the Licensing Board, Solicitor (Employment & Regulation) and Democratic Co-Ordinator. ALSO IN ATTENDANCE Licensing Standards Officer. Sergeant Ross Edgar, North Lanarkshire Licensing and Partnership Liaison Officer, Police Scotland. In respect of paragraph three - Audrey Junner, Hill Brown Licensing, Xiaofei Lin, Jenny Guan and Andy Sien. In respect of paragraph four - Elspeth Russell, Consultant in Public Health, NHS (Lanarkshire), Gordon Emslie, GNE Consultancy Ltd, Tanveer Amjad, Shada Hussain and Maria Hussain. APOLOGIES Councillor Baudo, Cairns, McLaren and Toner. OPENING REMARKS The Democratic Co-Ordinator provided an update on the Membership advising that at its meeting on 18 December 2025, the Council appointed Councillors Baudo and Cairns to the Licensing Board who were not in attendance today due to the mandatory training required to be undertaken and confirming that the necessary training would be undertaken in January 2026. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor M Coyle, by virtue of being a Board Member of NHS Lanarkshire, declared a connection amounting to a declarable interest in respect of Paragraph four “Application to Vary Premises Licence – The Cottage, 13-15 High Street, Newarthill” and left the meeting during consideration of the item. LICENSING BOARD MINUTE – 28 NOVEMBER 2025 2. There was submitted the Minute of the meeting of the Licencing Board held on 28 November 2025 for approval. Decided: that the terms of the Minute be approved. APPLICATION FOR PREMISES LICENCE – RED LANTERN BUFFET, 3 AUCHENKILNS PARK, CUMBERNAULD 3. There was submitted a report by the Clerk to the Licensing Board attaching: (1) an application by Xiaofei Lin to for a Premises Licence in respect of the premises at Red Lantern Buffet, 3 Auchenklins Park, Cumbernauld; and (2) advising that no objections had been received. Item 2 Page 5 of 32
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LICENSING BOARD – 19 DECEMBER 2025 2 The Board heard from Audrey Junner, representing the Applicant, speak in support of the application. Audrey Junner, Xiaofei Lin, Jenny Guan, Andy Sien, Licensing Standards Officers and Sergeant Ross Edgar withdrew from the meeting and the Board resumed consideration of the matter. Audrey Junner, Xiaofei Lin, Jenny Guan, Andy Sien, Licensing Standards Officers and Sergeant Ross Edgar were readmitted to the meeting. Decided: that the application for a premise licence at Red Lantern buffet, 3 Auchenkilns Park, Cumbernauld be granted subject to the following condition: • the installation of a barrier between the outdoor seating area and the car park, for the protection of children and young adults. Prior to consideration of the following item of business, Councillor M Coyle, having declared a connection, by virtue of being a Board Member of NHS Lanarkshire, left the meeting during consideration of the item. APPLICATION TO VARY PREMISES LICENCE – THE COTTAGE, 13-15 HIGH STREET, NEWARTHILL, ML1 5JU 4. There was submitted a report by the Clerk to the Licensing Board attaching: (1) an application by Tanveer Amjad to Vary the Premises Licence in respect of the premises at The Cottage, 13-15 High Street, Newarthill; and (2) advising of objections received from NHS Lanarkshire and a local resident. The Board heard from Gordon Emslie, representing the Applicant, speak in support of the application. Thereafter, Elspeth Russell, NHS Lanarkshire and Maria Hussain were heard in objection to the application and the detrimental impact that it would have on the local community. Tanveer Amjad, Gordon Emslie, Elspeth Russell, Maria Hussain, Shada Hussain, Licensing Standards Officers and Sergeant Ross Edgar withdrew from the meeting, and the Board resumed consideration of the matter. Tanveer Amjad, Gordon Emslie, Elspeth Russell, Maria Hussain, Shada Hussain, Licensing Standards Officers and Sergeant Ross Edgar were readmitted to the meeting. Decided: that the application to Vary a Premises Licence at The Cottage, 13 – 15 High Street, Newarthill be granted subject to the following conditions: • that the home delivery of alcohol only be undertaken when food is being delivered; • that delivery staff undertake two-hour mandatory training; • that the Challenge 25 policy be fully implemented; • that there be no promotional/advertising materials promoting the sale of alcohol externally; • that alcohol displayed behind the cash desk be covered outwith licensed trading hours; and • that no caffeinated alcohol be sold. NON-PAYMENT OF ANNUAL LICENSING FEES 5. There was submitted a report by the Clerk to the Licensing Board: (1) intimating that, despite reminders for payment being issued to the licence holders, the annual fees in respect of the licensed premises detailed within Appendix A to the report had not been paid; (2) advising that non-payment of the annual fee is a breach of the mandatory conditions attached to a premises licence; (3) highlighting that the Licensing Board may propose to review a premises licence; and (4) outlining that should the Board be Page 6 of 32
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LICENSING BOARD – 19 DECEMBER 2025 3 minded to review any of the premises licence, a fixed Review Hearing be held within 42 days of the decision and that should the outstanding fees be paid prior to the Review Hearing, that hearing be cancelled for that particular licence. Thereafter, the Clerk to the Licensing Board proposed that a Special Meeting of the Licensing Board be held on 23 January to conduct the Review Hearings required which was agreed. Decided: (1) that a premises licence Review Hearing be held in respect of each of the premises detailed within Appendix A to the report on the ground that one or more of the conditions to which the premises licence is subject has been breached because of non-payment of the annual fee; (2) that a Special Meeting of the Licensing Board be held on 23 January 2026 to undertake a Review Hearing in respect of those premises, and (3) that should the outstanding fee be paid prior to the Hearing the Review Hearing for that particular Licence be cancelled. ANY OTHER BUSINESS 6. The Chief Officer (Legal and Democratic) provided a verbal update to the Board: (1) advising of the Council’s participation on a Scottish Government consultation on the licensing trading hours during the World Cup 2026; and (2) proposing that a report outlining the options available to extend the licensing hours be submitted to a future meeting of the Board. Decided: that a report, detailing the options available to extend the licensing hours be submitted to a future meeting of the Board. Page 7 of 32
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☐ Yes ☒ No Ref REB Date 23/01/26 Non-Payment of Annual Licensing Fees From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 1. Background 1.1 In terms of the Licensing (Scotland) Act 2005:- 1.1.1 36(1)Any person may apply to the appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect for a review of the licence on any of the grounds for review. Executive Summary On 19 December 2025 North Lanarkshire Council’s Licensing Board made a proposal to review the licences of those premises for which annual fees remained unpaid in breach of the mandatory conditions. The Licensing Board must hold a review hearing to consider and determine a review proposal within 42 days. Recommendations It is recommended that the Licensing Board determines that a ground for review is established in respect of each premises and gives consideration to taking any of the following steps as considered necessary or appropriate for the purposes of any of the licensing objectives: 1. Issue a written warning; 2. Make a variation to the licence; 3. Suspend the licence for such period as the Board may determine; or 4. Revoke the licence. 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 9 of 32
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(2)An application under subsection (1) is referred to in this Act as a “premises licence review application”. (3)The grounds for review referred to in subsection (1) are— (za)that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence, (a)that one or more of the conditions to which the premises licence is subject has been breached, or (b)any other ground relevant to one or more of the licensing objectives. 1.1.2 37(1)The appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect may, on their own initiative, propose to review the licence on any of the grounds for review. 1.1.3 38 (1)Where a Licensing Board— (a)makes a premises licence review proposal, or (b)receives a premises licence review application, the Board must hold a hearing for the purposes of considering and determining the proposal or application unless, in the case of a premises licence review application, the Board has rejected the application under subsection 36(6). (2)A hearing under subsection (1) is referred to in this Act as a “review hearing”. 1.1.4 39 (1)At a review hearing in relation to any premises licence, the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review proposal or application considered at the hearing) take such of the steps mentioned in subsection (2) as the Board considers necessary or appropriate for the purposes of any of the licensing objectives. (1A)Subsection (1) is subject to subsection (2A). (2)Those steps are— (a)to issue a written warning to the licence holder, (b)to make a variation of the licence, (c)to suspend the licence for such period as the Board may determine, (d)to revoke the licence. 1.2 In terms of Regulation 7 of the Licensing (Fees) (Scotland) Regulations 2007:- 1.2.1 (1) Where a premises licence is in effect or is suspended, the holder of that licence must make payment of an annual fee in respect of the performance in relation to that licence of functions by the relevant Board, the council within the area of which the premises are situated and that council’s Licensing Standards Officers (other than functions in respect of which a separate fee is specified under these Regulations). (2) The first annual fee under paragraph (1) is due– Page 10 of 32
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(a)on 1st October 2009 in the case of a licence which takes effect on 1st September 2009; or (b)in any other case, 30 days after the date on which the licence takes effect. (3) Subsequent annual fees are due on 1st October each year or, where that date falls on a Saturday or Sunday, on the immediately following Monday. 1.3 In terms of Regulation 9 of the Licensing (Fees) (Scotland) Regulations 2007:- 1.3.1 (1) Each Licensing Board is to give notification in accordance with paragraph (2) to every holder of a premises licence liable to pay a fee to that Board under regulation 7. (2) Notification under paragraph (1) is to be given no later than 30 days before the date on which the fee is due and is to specify the amount of the fee payable. 2. Report 2.1 On 19 December 2025 the Licensing Board determined that it would review the premises licences of each of the premises detailed in the report presented to it; and specified that the ground to be contained within the premises licence reviews is that one or more of the conditions to which the premises licence is subject has been breached and that the condition alleged to have been breached is that the licence holders detailed have failed to pay their annual fee. At the present hearing, the Licensing Board is asked to consider and determine the review proposals in respect of each of the premises listed at Appendix 1 of this report for which annual licence fees remain unpaid. 2.2 The fees in respect of each of the premises licences were due on 1 October 2025 in terms of Regulations 7 and 9 of the Licensing (Fees) (Scotland) Regulations 2007 as set out above. Payment of this annual fee is a mandatory condition of holding a licence (reinforced by paragraph 10 of Schedule 3 to the 2005 Act) which provides that the fee must be paid as required by the regulations. A copy of the mandatory conditions is attached as Appendix 2 to this report. 2.3 All Premises Licence Holders in North Lanarkshire were notified on 29 July 2025 that payment of their annual fee was required to be made by 1 October 2025. Further notification was issued by way of correspondence reminding Licence Holders of the requirement to pay on four separate occasions - 6 August, 15 September, 29 October and 24 November 2025. Licence holders were made fully aware of the possible consequences of failure to pay and informed that the Licensing Board would consider a proposal on 19 December 2025 to review their premises licences should fees remain outstanding. The annual fees in respect of those premises listed in Appendix 1 to this report remain outstanding. 2.4 The premises licence holders listed in Appendix 1 and the Licensing Standards Officers have been given notice of the review proposals and of the review hearings. The Licensing Standards Officers have fully engaged with the licence holders regarding the requirement to pay and the possible consequences of failure to pay, but the annual fees remain outstanding. Members should be aware however, that there are some premises in respect of which fees were outstanding that appeared to be closed and no longer trading when visited by the Licensing Standards Officers. These premises are noted in the Licensing Standards Officers report attached as Appendix 3 to this report. Page 11 of 32
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2.5 In terms of section 39 of the Act, the Licensing Board is asked to determine that a ground for review is established in respect of each premises listed at Appendix 1 - namely that one or more of the conditions to which the premises licence is subject has been breached - and consider taking any of the following steps as the Licensing Board considers necessary or appropriate for the purposes of any of the licensing objectives: 2.5.1 Issue a written warning 2.5.2 Make a variation of the licence; 2.5.3 Suspend the licence for such period as the Board may determine; or 2.5.4 Revoke the licence. 3. Measures of success 3.1 Determining that a ground for review exists in that there has been a breach of a mandatory condition and addressing this ensures continues compliance with the licensing legislation and objective of preventing crime and disorder. 4. Supporting documentation Appendix 1 – Details of premises for which licence fees remain unpaid. Appendix 2 – Premises Licence Mandatory Conditions Appendix 3 – Licensing Standards Officers report. Name Rachel Blair Title Clerk to the Licensing Board Page 12 of 32
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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? The non-payment of fees has resulted in a loss of income to the Licensing Board of £5,160.00. 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? The report addresses licence holders’ failure to comply with legislation. 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? Yes ☐ No ☒ Page 13 of 32
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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? 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. Page 14 of 32
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Licence Number Premises Name Licence Holder Premises Address Annual Fee Amount 51 Ettore Ettore Investments Ltd 12/14 Bank Street Airdrie ML6 6AF £700.00 53 Waverley Bar Clan Smith Ltd 344 Main Street Wishaw ML2 7NG £280.00 136 Inver House Distillers Limited Inver House Distillers Limited Moffat Distillery Airdrie ML6 8PL £900.00 217 La Campagnola Hamid Ameur 112 Cumbernauld Road Muirhead Glasgow G69 9AA £280.00 273 Family Grocer Senga MacAloney 113 Lochend Road Gartcosh G69 8AH £220.00 478 Allanton Miners Welfare Society & Social Club Allanton Miners Welfare Society & Social Club 187 Allanton Road Allanton ML7 5AX £180.00 519 Sherwood Manor Hotel Lakha Limited 315 New Edinburgh Road Uddingson G71 6JA £280.00 812 La Bella Mehmet Salhaogullari 32 Ettrick Walk Cumbernauld G67 1NE £280.00 893 The Pictures Restaurant The Pictures Group of Restaurants Limited Unit 5 Showcase Leisure Park Langmuir Road Bargeddie £700.00 895 Rigate Restaurant Rigate Restaurant Ltd 23 Main Street Coatbridge ML5 3AJ £280.00 APPENDIX 1 Page 15 of 32
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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. 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. APPENDIX 2 Page 17 of 32
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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 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 Page 18 of 32
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(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. 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). Page 19 of 32
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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; (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). Page 20 of 32
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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 - “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 21 of 32
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1 Licensing Standards Officer’s Report Subject: Review of Premises Licence Applications for Non-Payment of Annual Fees To: Licensing Board 23 January 2026 Author(s) of Report: Kimberley Johnstone Licensing Standards Officer Date: 09 January 2026 1. Background 2. Report 2.3.1 Payment of the annual licensing fee is a mandatory condition of the premises licence. 2.3.2 Failure to pay the fee would result in an application to the Board to review the holder’s premises Licence. 2.3.3 The holder premises licence could be suspended or revoked in the event of non-payment. 1.1 In terms of Regulation 7 of the Licensing (Fees) (Scotland) Regulations 2007 (the Regulations), the holder of a premises licence must make payment of an annual fee in respect of the performance in relation to that licence of functions by the relevant Board, the local authority within the area of which the premises are situated and that local authority’s Licensing Standards Officers. 1.2 The requirement to make payment of an annual fee referred to above is incorporated within the mandatory conditions contained in the premises licences which are issued by the Board. 1.3 A breach of a condition of a premises licence comprises a statutory ground on which a review of the premises licence can be undertaken. 2.1 In accordance with regulation 9 of the Regulations, the Clerk to the Board issued notice on 29 July 2025 that payment of their annual fee was required to be made by 1 October 2025. Further notification was issued by way of correspondence reminding Licence Holders of the requirement to pay on four separate occasions - 6 August, 15 September, 29 October and 24 November 2025. 2.2 Various and numerous attempts have been made to engage with licence holders referred to at Appendix 1, including site visits by the Licensing Standards Officers and email and telephone contact by the Licensing Clerical Officers. Members will note that there are premises wherein it has been determined after visitation by the Licensing Standards Officers that premises appear to be closed. 2.3 The licence holders have been advised that: APPENDIX 3 Page 23 of 32
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2 3. Licensing Standards Officer Comments Kimberley Johnstone Licensing Standards Officer 09 January 2025 3.1 The payment of the Annual Fee by the Licence Holder(s) remain outstanding 3.2 The Licence Holder(s) are in breach of the mandatory condition number 10 of the Premises Licence – Appendix 2 3.3 The matter is referred to the Licensing Board for consideration Page 24 of 32
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3 Appendix 1 Details of premises for which licence fees remain unpaid Licence Number Name of Premises Address Annual Fee 2025/26 Comments 51 Ettore 12/14 Bank Street, Airdrie, ML6 6AF £700 Premises closed. Pictures taken Dec 25. 53 Waverley Bar 344 Main Street, Wishaw, ML2 7NG £280 13/11/25 - Premises closed, LSO visited pictures taken. 136 Inver House Distillers Limited Moffat Distillery, Airdrie, ML6 8PL £900 30/12/25 - LSO phoned contact 30/12/25 – DK emailed payment details to agent 08/01/26 – Garry Arthur premises manager contacted LSO to provide an update that it will be paid immediately, and accounts had not actioned it at the time of the request. Explained that he may receive a citation to the board and payment is required ASAP. 273 Family Grocer 113 Lochend Road, Gartcosh, G69 8AH £220 20/11/25 - Premises closed photo taken, LSO called and message left 19/11. Premises now sold with no entry date. LSO advised they would be cited to appear before the Board if fees not paid. 217 La Campagnola 112 Cumbernauld Road, Muirhead, Glasgow, G69 9AA £280 06/11/25+19/11/25 – LSO emailed 20/11/25 – LSO (IC) visited and spoke to manager. She left a card left at this time 30/12/25 - Called by DK. Mobile number is incorrect; landline number is ringing and then going to voicemail. Restaurant number obtained from google. Restaurant is called 'La Campagnola' and phone number is 0141 588 3094. It is shut Monday 5 Jan, but open from Tuesday 6 Jan at 5pm. Opens Wednesday 7 Jan at 12pm 07/01/26 - No Answer upon phoning 478 Allanton Miners Welfare Society & Social Club 187 Allanton Road, Allanton, ML7 5AX £180 25/11/2025 - LSO attended premises to hand-deliver Annual Fees letter but premises was closed and there was nowhere to post letter or card. Debris around the area suggest the premises has been closed for some time. Pictures in file. 519 Sherwood Manor Hotel 315 New Edinburgh Road, Uddingston, G71 6JA £280 25/11/2025 - LSOs visited to hand deliver annual fee letter. Premises closed, posted letter and LSO card. Pictures taken. 812 La Bella 32 Ettrick Walk, Cumbernauld, G67 1NE £280 20/11/25 - Visit done by LSO (IC) Photos were taken at the time due to Premises being closed. This is due to that part of the shopping centre being demolished. 893 The Pictures Restaurant Unit 5, Showcase Leisure Park, Langmuir Road, Bargeddie, G69 7TZ £700 28/11/2025 LSO visited - Premises closed, posted letter through letter box. Pictures saved in file. 895 Rigate Restaurant 23 Main Street, Coatbridge, ML5 3AJ £280 Reminder Letter returned to sender on 8 December 2025, suggesting the premises is closed. Page 25 of 32
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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. 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. APPENDIX 2 Page 26 of 32
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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 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 Page 27 of 32
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(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. 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). Page 28 of 32
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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; (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). Page 29 of 32
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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 - “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 30 of 32
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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 - “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 31 of 32
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