Agenda Document Pack - Licensing Board - 29/11/2024
North Lanarkshire Council · 29 November 2024
Back to Licensing Board — 29 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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22 November 2024 Members of the Licensing Board Chief Executive’s Office Archie Aitken 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, 29 November 2024 at 10:30 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Richard Llewellyn Clerk Telephone: 07939284642 Clerk Email: llewellynr@northlan.gov.uk S Coyle, Michael Joseph Coyle (Vice-Chair)K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 52
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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 held on 25 October 2024. 5 - 6 Applications for Variation of Premises Licence Where the applicant had been cited to appear (3) Premises: Layby Bar, 73 Main Street, Salsburgh ML7 4LW Applicant: Layby Bar Limited 7 - 20 (4) Premises: Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld G68 9DB Applicant: Gurbaksh Kaur 21 - 32 Application for Variation of Premises Licence Where the applicant has NOT been cited to appear (5) Premises: USave, 151 Manse Road, Kilsyth G65 0EU Applicant: Kinner Singh 33 - 42 (6) Non-Payment of Annual Premises Licence Fees Submit report by the Clerk to the Licensing Board advising of the non-payment of Annual Premises Licence Fees under the Licensing (Scotland) Act 2005. 43 - 52 Any Other Business Page 3 of 52
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LICENSING BOARD - 25 OCTOBER 2024 1 25 October 2022 at 10.30 am. A Remote Meeting of the NORTH LANARKSHIRE LICENSING BOARD PRESENT Councillor M Coyle, Vice-Convener; Councillors McLaren, McVey, Nolan, Robb, Thomas and Toner. CHAIR Councillor M Coyle (Vice-Convener) presided. IN ATTENDANCE Legal Manager (Democratic and Resources) and Democratic Officer. ALSO IN ATTENDANCE Licensing Standards Officer. APOLOGIES Councillors S Coyle and Docherty. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. LICENSING BOARD – MINUTE 2. There was submitted the Minute of the meeting of the Licensing Board held on 20 September 2024. Decided: that the terms of the Minute be approved. FESTIVE PERIOD EXTENSIONS 2024/25 3. In respect of the Festive Period Extensions 2024/25, the Board made a determination, in terms of Section 67 of the Licensing (Scotland) Act 2005, to the effect that the Festive Policy would apply to on-sale premises from Monday, 16 December 2024 to Sunday, 5 January 2025, as follows:- All On-Sale Premises On Christmas Eve, Christmas Night, New Year's Eve, and New Year's Night. On-Sale Premises that sell alcohol for consumption on the premises until 2am maximum. Late Opening Premises (premises where the terminal hour is usually later than 1am) until 4am maximum. All On-Sale Premises Item (2) Page 5 of 52
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LICENSING BOARD - 25 OCTOBER 2024 2 From Monday, 16 December 2024 to Sunday, 5 January 2025. On-Sale Premises that sell alcohol for consumption on the premises until 1am maximum. Late Opening Premises (premises where the terminal hour is usually later than 1am) - 1 extra hour. There is no need for premises to apply for extended hours during this period as long as the premises adhere to those hours. There is no obligation for any premises to trade during the extended hours approved. ANY OTHER BUSINESS 4. The Board considered a proposal by the Legal Manager for the introduction of a £20 fee for the provision of a replacement personal licence on account of an administrative matter for example, following a change of name or address. The Legal Manager intimated that (1) there was currently no charge made for a replacement personal licence in these circumstances which carried an administrative cost and burden to the Board, and (2) Licensing Boards can determine the fee to be charged for a replacement personal licence, subject to the general rule that fees should be set at a level which allows the Licensing Board to recover the costs. Decided: that, with effect from 1 January 2025, a fee of £20 be introduced for the provision of a replacement personal licence following a change of name or address. Page 6 of 52
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Item (3) Page 7 of 52
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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 Licensing 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: Page 8 of 52
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1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 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 into account of the variation), in the locality. 1.6 Where the Licensing Board grants the application, the Licensing Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1, has been received from Layby Bar Limited in respect of premises at the Layby Bar, 73 Main Street, Salsburgh ML7 4LW and is for: 2.2.1 an amendment to the layout plan to include an outdoor drinking area, and 2.2.2 an amendment to the operating plan to include outdoor drinking as an activity during core hours. 2.3 In relation to the application, the Licensing Board is asked to note: 2.3.1 that the applicant has confirmed that there will be no recorded music, live music, or televised sports within the outdoor area together with a terminal hour of 9pm for the use of the outdoor area; 2.3.2 that there has been no previous application made to the Licensing Board, and Page 9 of 52
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2.3.3 that two objections to the application have been received, copies of which are contained within Appendix 1. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation Appendix 1 Application for Non-Minor Variation - Layby Bar, 73 Main Street, Salsburgh Name Archie Aitken Title Clerk to the Licensing Board Page 10 of 52
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses 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 ☒ If Yes, please provide a brief summary of the impact? Page 11 of 52
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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 12 of 52
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APPENDIX 1 Page 13 of 52
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1 Richard Llewellyn From: Sent: 27 October 2024 16:43 To: LicensingBoard Mailbox Subject: Application variation of Lay-by Bar Ltd Categories: Yellow Category [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] ALERT: This email is from an EXTERNAL source ‐ Proceed with caution. Evaluate the risks before opening any links or attachments, or providing any credentials. Licensing Application for Variation of Premises Licence Layby Bar Ltd 73 Main Street Salsburgh I would like to make an objection to the above application. My concerns are: If seating is at front of Pub this would do away with parking space and the community centre across the road is always full with the employees of the local bus garages and there is problems at the moment with users of the community centre no getting parked. They will be parking on the street. If seating is left out overnight anyone can sit there till all hours . With raised voices carrying. Then there is the cigaret ends, crisp packets and empty cans that end up in my garden will increase. Page 19 of 52
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 29/11/24 Application to Vary Premises Licence – Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld G68 9DB From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Balloch Premier, Unit 1, 4 Ben Lawers Drive, Cumbernauld. In terms of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board as the matters are not subject to delegation and can only be discharged by the Licensing Board. Executive Summary The purpose of this Report is to present an application to vary a premises licence under section 29 of the Licensing (Scotland) Act 2005 which requires to be determined by the Licensing Board. Recommendations It is recommended that the Licensing Board considers and determines the application to vary a premises licence as detailed in the report in terms of one of the following options: - (i) to grant the application, subject to Statutory Conditions and any other variation to the conditions to which the licence is subject that the Licensing Board may wish to impose. (ii) to defer the application to the next Licensing Board; or (iii) to refuse the application on one or more of the grounds referred to in paragraph 1.7 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item (4) Page 21 of 52
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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: Page 22 of 52
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1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 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 Licensing 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 into account of the variation), in the locality. 1.6 Where the Licensing Board grants the application, the Licensing Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1, has been received from Gurbaksh Kaur in respect of Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld G68 9DB and is for: 2.1.1 a variation to the layout plan to account for an internal reconfiguration of the premises, and 2.1.2 a variation to the operating plan to increase the capacity from 14.88 m2 to 32.44m2. 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 there has been no previous applications made to the Licensing Board, and 2.2.2 that following all necessary and appropriate consultation no objections to the application have been received. Page 23 of 52
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3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation Appendix 1 Application for Non-Minor Variation – Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld G68 9DB. Name Archie Aitken Title Clerk to the Licensing Board Page 24 of 52
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses 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 ☒ If Yes, please provide a brief summary of the impact? Page 25 of 52
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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 26 of 52
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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. Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld, G68 9DB 1(b) Premises Licence Reference Number. 154 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. Gurbaksh Kaur, DOB: 31/07/1969 APPENDIX 1 Page 27 of 52
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2(b) Where licence holder is a partnership, please provide full name and postal address of partnership. 2(c) Where licence holder is a company, please provide name, registered office and company registration number. 2(d) Where the licence holder is a club or other body, please provide full name and postal address of club or other body. Question 3 3 (a) Is the variation to substitute another person as the premises manager? 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 28 of 52
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Question 4 4 (a) Is the variation to the layout plan? YES 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. Variation to the layout plan to account for an internal reconfiguration of the premises as per the layout plan number 6218864. Question 5 Describe other variation(s) sought Variation to operating plan at question 7 to increase capacity to 32.44m2 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)? 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 29 of 52
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(2) The Board is satisfied that there has been a material change of circumstances since the earlier refusal. Question 7 7 (a) Is the premises licence submitted along with this application? NO 7 (b) If “NO” please provide a statement of reasons for failure to produce the licence. Electronic copy of licence is attached. Principal licence will follow in hard copy in the post. DECLARATION BY LICENCE HOLDER OR AGENT ON BEHALF OF LICENCE HOLDER If signing on behalf of the licence holder please state in what capacity. The contents of this Application are true to the best of my knowledge and belief. Signature .............................. * (see note below) Date 24/09/2024 ........................................ Capacity: AGENT (delete as appropriate) Telephone number and e-mail address of signatory. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk Payment can be made by cheque made payable to North Lanarkshire Council or by credit/debit card by telephone 01698 302360. Contact for enquiries: LicensingBoard@northlan.gov.uk Complete and return to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell ML1 1AB Page 30 of 52
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 29/11/24 Application to Vary Premises Licence – USave, 151 Manse Road, Kilsyth From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises USave, located at 151 Manse Road, Kilsyth. In terms of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board as the matters are not subject to delegation and can only be discharged by the Licensing Board. Executive Summary The purpose of this Report is to present an application to vary a premises licence under section 29 of the Licensing (Scotland) Act 2005 which requires to be determined by the Licensing Board. Recommendations It is recommended that the Licensing Board considers and determines the application to vary a premises licence as detailed in the report in terms of one of the following options: - (i) to grant the application, subject to Statutory Conditions and any other variation to the conditions to which the licence is subject that the Licensing Board may wish to impose. (ii) to defer the application to the next Licensing Board; or (iii) to refuse the application on one or more of the grounds referred to in paragraph 1.7 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item (5) Page 33 of 52
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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 Licensing 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: Page 34 of 52
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1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 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 into account of the variation), in the locality. 1.6 Where the Licensing Board grants the application, the Licensing Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1, has been received from Kinner Singh in respect of Usave, 151 Manse Road, Kilsyth G68 0EU and is for: 2.2.1 an amendment to the Off Sale Licensed Hours to the following core licensed hours:- Existing Hours Proposed Hours Off Sale Off Sale Monday 10 am – 9.30 pm Monday 10 am – 10 pm Tuesday 10 am – 9.30 pm Tuesday 10 am – 10 pm Wednesday 10 am – 9.30 pm Wednesday 10 am – 10 pm Thursday 10 am – 9.30 pm Thursday 10 am – 10 pm Friday 10 am – 9.30 pm Friday 10 am – 10 pm Saturday 10 am – 9.30 pm Saturday 10 am – 10 pm Sunday 10 am – 6.00 pm Sunday 10 am – 10 pm Page 35 of 52
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2.3 In relation to the application, the Licensing Board is asked to note: 2.3.1 there has been no previous applications made to the Licensing Board; and 2.3.3 that following all necessary and appropriate consultation, no objections to the application have been received. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation Appendix 1 Application for Non-Minor Variation – Usave, 151 Manse Road, Kilsyth Name Archie Aitken Title Clerk to the Licensing Board Page 36 of 52
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses 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 ☒ If Yes, please provide a brief summary of the impact? Page 37 of 52
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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 38 of 52
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 29/11/24 Non-Payment of Annual Licensing Fees From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 In terms of the Licensing (Scotland) Act 2005 (“the Act”), an annual fee is payable for each premises licence. The fee becomes due on 1 October each year. 1.2 The Licensing Board is required to give notification of the annual fee payment to the licence holder. Payment of the annual fee is a mandatory condition attached to a premises licence and therefore non-payment is a breach of that condition. Executive Summary The purpose of this report is to advise members of the non-payment of Annual Premises Licence Fees under the Licensing (Scotland) Act 2005 (“the 2005 Act”) as detailed in the Appendix A to this Report. Recommendations It is recommended that the Licensing Board consider and determine: 1. To review the premises licence (“a premises licence review proposal”) in respect of each of the premises detailed in the attached Appendix A; 2. To specify that the ground to be contained within the premises licence review proposal 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 in the attached Appendix A have failed to pay their annual fee; 3. To fix a Review Hearing date in respect of each of those premises at the next meeting of the Licensing Board on 20 December which is within 42 days of the decision to make the premises licence review proposal; and 4. To agree that any Review Hearing be cancelled should the outstanding fees be paid prior to the Hearing. Item (6) Page 43 of 52
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1.3 The Act provides that the Licensing Board, on its own initiative, can propose to review a premises licence on any of the grounds for review. 2. Report 2.1 Paragraph 10 of Schedule 3 of the 2005 Act makes it a mandatory condition applicable to all premises licences that the fee must be paid as required by the Licensing Fees (Scotland) Regulations 2007. The Regulations provide for the fee being an annual fee and specifies the amounts due by different types of premises. 2.2 The Regulations specify that the first annual fee is due within 30 days after the date on which the licence takes effect. The Regulations further specify that the subsequent annual fees are due on 1 October each year, or where that date falls on a Saturday or Sunday, on the immediate following Monday. 2.3 Despite reminders for payment being issued to the licence holders, the annual fees in respect of each of the licensed premises detailed in Appendix A have not been paid. 2.4 Under section 37(1) of the 2005 Act, the Licensing Board may, on its own initiative, propose to review a premise licence on any of the grounds for review. The grounds for the Licensing Board making such a premises review proposal are under section 36(3): 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. 2.5 Under section 37(1) of the 2005 Act, a premises licence review proposal must specify the alleged ground for review, including in particular:- za) where the ground is that specified in za) above, a summary of the information on which the Licensing Board’s view that the alleged ground applies is based a) where the ground is that specified in a) above, the condition or conditions alleged to have been breached b) where the ground is that specified in b) above, the licensing objective to which the ground of review relates. 2.6 In respect of the premises detailed in Appendix A, it is recommended that the condition alleged to have been breached is that the licence holders have failed Page 44 of 52
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to pay their annual fee and that the Licensing Board ought to specify this in making a premises review proposal. 2.7 In making the premises review proposal, the Licensing Board may include in the proposal any information that the Licensing Board considers may be relevant to their consideration of the alleged ground for review, including, in particular, information in relation to: - 2.7.1 the licence holder, 2.7.2 where the licence holder is neither an individual or a Council, a connected person in relation to the licence holder, or 2.7.3 any person who is an interested party in relation to the licensed premises. 2.8 If the Licensing Board decides to make a premises review proposal, they should be aware that the Review Hearing must take place within 42 days from the date they make the proposal in line with the Licensing Procedure (Scotland) Regulations 2007. 2.9 The Licensing Board is requested to determine to agree to make a premises licence review proposal in respect of the premises detailed in Appendix A, to specify the ground for review as being failure to pay the annual fee and to fix a Review Hearing within 42 days of the decision to make the proposal. The Licensing Board is asked to agree that any hearing be cancelled should the outstanding fees be paid prior to the Hearing. 3. Measures of success 3.1 Determining that a premises review proposal in respect of the premises detailed in Appendix A and specifying the ground for review as being failure to pay the annual fee and addressing this ensures continues compliance with the licensing legislation. 4. Supporting documentation Appendix A – Details of premises for which licence fees remain unpaid. Name Archie Aitken Title Clerk to the Licensing Board Page 45 of 52
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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 £22,160.00. 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 ☒ Page 46 of 52
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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 ☒ 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 ☒ Page 47 of 52
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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 48 of 52
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Appendix A Details of premises for which licence fees remain unpaid Licence Number Name of Premises Address Annual Fee 2024/2025 PL0046 Spar 16 Constarry Road, Croy, Glasgow G65 9HT £220.00 PL0051 Ettore 12/14 Bank Street, Airdrie ML6 6AF £700.00 PL0053 Waverley Bar 344 Main Street, Wishaw ML2 7NG £280.00 PL0054 Zahid Superstores 125 Roman Road, Motherwell ML1 1EA £220.00 PL0057 Coltness Superstore 65 Coltness Road, Wishaw ML2 7DG £220.00 PL0082 Linda's 5/7 Yarrow Crescent, Coltness, Wishaw £220.00 PL0084 Station Hotel 92 Station Road, Shotts ML7 4BJ £280.00 PL0096 128 Petersburn Road, Petersburn, Airdrie £220.00 PL0118 A & R Stores 102 Motherwell Street, Airdrie ML6 7EJ £220.00 PL0121 The Melody Bar 20 Caledonian Road, Wishaw ML2 8AR £280.00 PL0133 Crown Jewel 293 Bank Street, Coatbridge ML5 1EG £220.00 PL0138 Keystore 67 Main Street, Plains, Airdrie £220.00 PL0155 Chapelhall Post Office 85 Lauchope Street, Chapelhall Airdrie £220.00 PL0180 Day to Day 149/151 Cumbernauld Road, Stepps, G33 6EY £220.00 PL0211 Slainte 509A Main Street, Coatbridge ML5 3RX £280.00 PL0217 3 Ragazzi 112 Cumbernauld Road, Muirhead G69 9AA £280.00 PL0231 Pulse 11 Graham Street, Airdrie ML6 6AB £280.00 PL0233 2 Balmalloch Road, Kilsyth G65 9AJ £220.00 PL0250 The Post 100 Main Street, Calderbank ML6 9SW £280.00 PL0256 Hilton Strathclyde Hotel Phoenix Crescent, Strathclyde Business Park, Bellshill £900.00 PL0265 Your Local 35 Gartlea Road, Airdrie ML6 9JL £220.00 PL0273 Family Grocer 113 Lochend Road, Gartcosh G69 8AH £220.00 PL0274 Gibb Street Store 104 Gibb Street, Chapellhall, Airdrie £220.00 PL0279 Village Local 215 Greengairs Road, Greengairs, Airdrie £220.00 PL0286 Burns Tavern 2 Dalziel Street, Motherwell ML1 1EH £280.00 Page 49 of 52
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PL0300 The Segton Bar 22 Sunnyside Road, Coatbridge ML5 3DG £280.00 PL0304 Yesterdays 47 Stirling Street, Airdrie ML6 0AH £280.00 PL0357 Cue Here (Bright Nights) 39 Hallcraig Street, Airdrie ML6 6AH £220.00 PL0361 Hillcrest Food And Wine 1 Hillcrest Avenue, Wishaw ML2 7RB £220.00 PL0363 L & M Stores 117 Glenacre Road, North Carbrain, Cumbernauld G67 2NT £220.00 PL0366 Morning Til Night Store Westfield Drive, Cumbernauld G68 9HJ £220.00 PL0395 West End Off Sales 177 Bank Street, Coatbridge ML5 1HA £220.00 PL0403 The Funky Monkey 607 Old Edinburgh Road, Uddingston G71 6HJ £280.00 PL0422 Bentley Hotel 19 High Road, Motherwell ML1 3HU £700.00 PL0423 30s Coatbridge Lower Ground and First Floor, 146-166 Main Street, Coatbridge £700.00 PL0441 The Vulcan 181 Main Street, Coatbridge ML5 3HH £500.00 PL0458 N & A Ghaffar 1 Glassford Street, Motherwell ML1 2BE £220.00 PL0481 The Corner Shop 46 Quarry Street, Coatbridge ML5 3PU £220.00 PL0496 Caldercruix Convenience Ltd 9 Dunbreck Avenue, Caldercruix ML6 7RU £220.00 PL0502 The Windmill Tavern 75 Windmillhill Street, Motherwell ML1 1RY £280.00 PL0519 Sherwood Manor Hotel 315 New Edinburgh Road, Uddingston G71 6JA £280.00 PL0597 Eastern Palace 138 Bank Street, Coatbridge ML5 1ET £220.00 PL0610 Cul-de-Sac 24 St John Street, Coatbridge ML5 3EJ £280.00 PL0618 Cafe Asia 92 Cumbernauld Road, Muirhead G69 9AB £500.00 PL0633 The Mint Bar & Restaurant 16 Academy Street, Coatbridge ML5 3AU £700.00 PL0661 Dalshannon Farm Restaurant 99 Main Road, Condorrat, Cumbernauld G67 4AY £500.00 PL0670 Kilsyth Miners Welfare Society and Social Club 3 Burngreen Park, Kilsyth G65 0HU £180.00 PL0679 Spar 55 Main Street, Calderbank ML6 9SG £280.00 PL0701 Morrisons Daily 72 Carfin Road, Newarthill ML1 5JX £280.00 PL0716 Viewpark Convenience Store Unit 1, 648-650 Old Edinburgh Road, Uddingston £280.00 PL0718 West End Bowling Club Blair Road, Coatbridge ML5 2EW £180.00 PL0750 Laughing Buddha 720 Old Edinburgh Road, Uddingston G71 6LD £500.00 PL0762 Airbles Street Store 224 Airbles Street, Motherwell ML1 1XF £280.00 PL0774 Metro Store 38 Stirling Street, Airdrie ML6 0AH £280.00 Page 50 of 52
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PL0802 Brakes 403 Edinburgh Road, Newhouse ML1 5GH £900.00 PL0810 Airdrie Convenience Store & Post Office 18-20 Bank Street, Airdrie ML6 6AF £280.00 PL0826 Eden Unit 25, The Quadrant Shopping Centre, Main Street, Coatbridge £280.00 PL0827 No. 37 Restaurant 37 Clark Street, Airdrie ML6 6DH £220.00 PL0832 The Yard House Unit 25b, The Quadrant Shopping Centre, 125 Main Street, Coatbridge £280.00 PL0850 Merlins 21-23 Muir Street, Motherwell ML1 1BH £280.00 PL0857 Puro Pizzeria 53 Alexander Street, Airdrie ML6 0BD £220.00 PL0860 Himalayan Dine-In 76-78 Stirling Street, Airdrie ML6 0AS £280.00 PL0874 Banton Express 101 Main Street, Kilsyth G63 0QN £220.00 PL0877 4/6 Market Place Uddingston G71 5AL £280.00 PL0881 Avenue Unit 5, 125 Main Street, Coatbridge £220.00 PL0893 The Pictures Restaurant Unit 5, Showcase Leisure Park, Langmuir Road £700.00 PL0895 Rigate Restaurant 23 Main Street, Coatbridge ML5 3AJ £280.00 PL0900 Cheers Bar Unit 5, 125 Main Street, Coatbridge £280.00 PL0905 Ross' Bar 17 Stewarton Street, Wishaw ML2 8AA £280.00 PL0912 Coalfield's Steakhouse Bistro and Bar 33 Main Street, Holytown ML1 4TH £280.00 PL0919 Wishaw Newsbox 215 Main Street, Wishaw ML2 7NE £220.00 Page 51 of 52
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