Agenda Document Pack - Licensing Board - 20/12/2024
North Lanarkshire Council · 20 December 2024
Back to Licensing Board — 20 December 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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13 December 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, 20 December 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 20
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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 29 November 2024 (copy herewith) 5 - 8 (3) Premises Licence Review Hearings in terms of section 38 of the Licensing (Scotland) Act 2005 - Review Hearings at the insistence of the Licensing Board in respect of the following premises for non- payment of annual fees:- • Spar, 16 Constarry Road, Croy G65 9HT • Ettore, 12/14 Bank Street, Airdrie ML6 6AF • Waverly Bar, 344 Main Street, Wishaw ML2 7NG • Coltness Superstore, 65 Coltness Road, Wishaw ML2 7DG • Slainte, 509a Main Street, Coatbridge ML5 3RX • 3 Ragazzi, 112 Cumbernauld Road, Glasgow G69 9AA • Your Local, 35 Gartlea Road, Airdrie Ml6 9JL • Hillcrest Food and Wine, 1 Hillcrest Avenue, Wishaw ML2 7RB • Bentley Hotel, 19 High Road, Motherwell ML1 3HU • Sherwood Manor Hotel, 315 New Edinburgh Road, Uddingston G71 6JA • Cul-de-Sac, 24 St John Street, Coatbridge ML5 3EJ • 4/6 Market Place, Uddingston G71 5AL • The Pictures Restaurant, Showcase Leisure Park, Langmuir Road, G69 7TZ • Rigate Restaurant, 23 Main Street, Coatbridge ML5 3AJ • Wishaw Newsbox, 215 Main Street, Wishaw ML2 7NE Submit report by the Clerk to the Licensing Board (copy herewith) 9 - 14 Submit report by the Licensing Standards Officers (copy herewith) 15 - 20 Any Other Business Page 3 of 20
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LICENSING BOARD - 29 NOVEMBER 2024 1 29 November 2022 at 10.30 am. A Meeting of the NORTH LANARKSHIRE LICENSING BOARD PRESENT Councillor S Coyle, Convener; Councillors McLaren, Robb, Thomas and Toner. CHAIR Councillor S Coyle (Convener) presided. IN ATTENDANCE Chief Officer (Legal and Democratic) and Democratic Officer. ALSO IN ATTENDANCE Sergeant Baillie, Police Scotland. I Reid, Applicant – in respect of Agenda Item three. R Mitchell, Objector – in respect of Agenda Item three. G Kaur, Applicant - in respect of Agenda Item four. A Junner, Agent – in respect of Agenda Item four. APOLOGIES Councillors M Coyle, Docherty, McVey and Nolan. 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 25 October 2024. Decided: that the terms of the Minute be approved. APPLICATION FOR VARIATION OF PREMISES LICENCE – LAYBY BAR, 73 MAIN STREET, SALSBURGH 3. There was submitted a report by the Clerk to the Licensing Board presenting (1) an application by Layby Bar Limited for Variation of Premises Licence in respect of premises at Layby Bar, 73 Main Street, Salsburgh, and (2) two objections to the application received from local residents. The Board heard local resident, Ross Mitchell, outline his objection to the application and Irene Reid, Layby Bar Limited, speak in support of the application. Item (2) Page 5 of 20
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LICENSING BOARD - 29 NOVEMBER 2024 2 During the course of Irene Reid’s submission, the Board noted that the application should be regarded as amended to reflect that the external drinking area will only be used between 12 noon and 6.30 pm. Decided: that the application by Layby Bar Limited for Variation of Premises Licence in respect of premises at Layby Bar, 73 Main Street, Salsburgh be granted, as amended to reflect that the external drinking area will only be used between 12 noon and 6.30 pm, and subject to the following conditions:- A maximum of two tables and four chairs is permitted in the external drinking area. When in use, the external drinking area will be cordoned off using rope balustrade, and Tables and chairs will be returned indoors no later than 6.30 pm. APPLICATION FOR VARIATION OF PREMISES LICENCE – BALLOCH PREMIER, UNIT 1, 4 BEN LAWERS DRIVE, BALLOCH, CUMBERNAULD 4. There was submitted a report by the Clerk to the Licensing Board presenting an application by Gurbaksh Kaur for Variation of Premises Licence in respect of premises at Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld. The Board heard the applicant’s agent, Audrey Junner, Hill Brown Licensing, speak in support of the application. Decided: that the application by Gurbaksh Kaur for Variation of Premises Licence in respect of premises at Balloch Premier, Unit 1, 4 Ben Lawers Drive, Balloch, Cumbernauld be granted. APPLICATION FOR VARIATION OF PREMISES LICENCE – USAVE, 151 MANSE ROAD, KILSYTH 5. There was submitted a report by the Clerk to the Licensing Board presenting an application by Kinner Singh for Variation of Premises Licence in respect of premises at USave, 151 Manse Road, Kilsyth. Decided: that the application by Kinner Singh for Variation of Premises Licence in respect of premises at USave, 151 Manse Road, Kilsyth be granted. NON-PAYMENT OF ANNUAL PREMISES LICENCE FEES 6. 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, on its own initiative, propose to review a premises licence on any of the grounds for review, and (4) recommending that the Licensing Board determine to (a) make a premises licence review proposal in respect of each of the premises detailed within Appendix A to the report on the ground that one or more of the mandatory conditions to which the premises licence is subject has been breached as a result of non-payment of the annual fee; (b) fix a Review Hearing date within 42 days of the decision to make the premises licence review proposal, and (c) cancel any Review Hearing should the outstanding fees be paid prior to the Hearing. Decided: Page 6 of 20
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LICENSING BOARD - 29 NOVEMBER 2024 3 (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 as a result of non-payment of the annual fee; (2) that a Review Hearing in respect of those premises be held at the next meeting of the Licensing Board to be held on 20 December 2024, and (3) that any Review Hearing be cancelled should the outstanding fee be paid prior to the Hearing. ANY OTHER BUSINESS 7. There were no urgent items of business. Page 7 of 20
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 20/12/24 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 in 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 North Lanarkshire Council’s Licensing Board made premises review proposals on 29 November 2024 in respect of those premises for which annual fees remain unpaid in breach of the mandatory conditions of the licence. The Licensing Board must hold review hearings to consider and determine their review proposals in respect of the premises for which annual licence fees remain unpaid. Recommendations It is recommended that the Licensing Board determines that a ground for review is established in respect of each premises and give consideration to taking any of the following steps as the Licensing Board considers necessary or appropriate for the purposes of any of the licensing objectives: 1. Issue a written warning; 2. Make a variation of 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 Page 9 of 20
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1.3 The Act provides that the Licensing Board, on its own initiative, propose to review a premises licence on any of the grounds for review. 2. Report 2.1 The Licensing Board, at this review hearing, is asked to consider and determine their review proposals in respect of the premises at Appendix A for which annual licence fees remain unpaid. 2.2 The fees in respect of each of the licences was due on 1 October. Payment of the annual fee is a mandatory condition of holding a licence and the Act clearly specifies that the fee must be paid as required. 2.3 The Licence Holders were notified on 22 July 2024 of the requirement that payment be made by the due date of 1 October 2024. Further notification was reminded by way of correspondence of the requirement to pay on four separate occasions and the licence holders were made fully aware of the possible consequences of failure to pay. In addition, the licence holders were informed of the report to the Board on 29 November 2024 in relation to a review of the premises licence, but the annual fees remain outstanding. 2.4 The premises licence holders listed in Appendix A and the Licensing Standards Officers have been given notice of the review proposals and of the review hearings. The Licensing Standards Officer 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 that there are premises in which when visited by the Licensing Standards Officers are deemed to be closed establishments and these are noted in their report. 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 A 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 A – Details of premises for which licence fees remain unpaid. Page 10 of 20
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Name Archie Aitken Title Clerk to the Licensing Board 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 Page 11 of 20
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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 ☒ 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 20
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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 Comments PL0046 Spar 16 Constarry Road, Croy, G65 9HT £220.00 PL0051 Ettore 12/14 Bank Street, Airdrie, ML6 6AF £700.00 Premises appears to have ceased trading. PL0053 Waverly Bar 344 Main Street, Wishaw, ML2 7NG £280.00 Premises appears to have ceased trading. PL0057 Coltness Superstore 65 Coltness Road, Wishaw, ML2 7DG £220.00 PL0211 Slainte 509a Main Street, Coatbridge, ML5 3RX £280.00 PL0217 3 Ragazzi 112 Cumbernauld Road, Glasgow, G69 9AA £280.00 PL0265 Your Local 35 Gartlea Road, Airdrie, ML6 9JL £220.00 PL0361 Hillcrest Food and Wine 1 Hillcrest Ave, Wishaw, ML2 7RB £220.00 PL0422 Bentley Hotel 19 High Road, Motherwell, ML1 3HU £700.00 PL0519 Sherwood Manor Hotel 315 New Edinburgh Road, Uddingston, G71 6JA £280.00 PL0610 Cul-de- Sac 24 St Johns Street, Coatbridge, ML5 3EJ £280.00 Premises appears to have ceased trading. PL0877 4/6 Market Place 4/6 Market Place, Uddingston,G71 5AL £280.00 PL0893 The Pictures Restaurant Showcase Leisure Park, Langmuir Road, G69 7TZ £700.00 PL0895 Rigate Restaurant 23 Main Street, Coatbridge,ML5 3AJ £280.00 PL0919 Wishaw Newsbox 215 Main Street, Wishaw, ML2 7NE £220.00 Premises appear to have ceased trading. Page 13 of 20
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North Lanarkshire Council Report Licensing Standards Officers to Clerk of the Licensing Board Does this report require to be approved? ☐ Yes ☒ No Ref JB/IC/.KJ Date 20/12/24 Review of Premises Licence Applications for Non-Payment of Annual Fees – Licensing Board 20 December 2024 From Jill Brown, Licensing Standards Officer Isobel Cox, Licensing Standards Officer Kimberley Johnstone, Licensing Standards Officer E-mail brownjill@northlan.gov.uk coxi@northlan.gov.uk johnstonek@northlan.gov.uk Telephone 07534220215 07939284641 07788749237 1. Background 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. Executive Summary At its meeting on 29 November 2024, the Licensing Board decided that a review hearing be scheduled for Friday 20 December 2024 to consider and determine their review proposals in respect of the premises for which annual licence fees remain unpaid. This report is required for the review of Premises Licences under the Licensing Scotland Act (2025). Recommendations The Licensing Board is asked to note the terms of this report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Page 15 of 20
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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. Report 2.1 In accordance with regulation 9 of the Regulations, the Clerk to the Board issued notice on 22 July 2024 to the premises licence holders in respect of the annual fees due on 1 October. Reminders were thereafter issued on 17 September and 5 November 2024. 2.2 Various and numerous attempts have been made to engage with the 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: 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’s premise licence could be suspended or revoked in the event of non-payment. 2.4 Notwithstanding this, payment of the annual fee by the licence holder remains outstanding. 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 – Details of premises licence in breach of their mandatory conditions in respect of non-payment of annual fees. Kimberley Johnstone Licensing Standards Officer Page 16 of 20
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report is in compliance with the Licensing (Scotland) Act 2005. 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 17 of 20
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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. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 18 of 20
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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 Comments PL0046 Spar 16 Constarry Road, Croy, G65 9HT £220.00 PL0051 Ettore 12/14 Bank Street, Airdrie, ML6 6AF £700.00 Premises appears to have ceased trading. PL0053 Waverly Bar 344 Main Street, Wishaw, ML2 7NG £280.00 Premises appears to have ceased trading. PL0057 Coltness Superstore 65 Coltness Road, Wishaw, ML2 7DG £220.00 PL0211 Slainte 509a Main Street, Coatbridge, ML5 3RX £280.00 PL0217 3 Ragazzi 112 Cumbernauld Road, Glasgow, G69 9AA £280.00 PL0265 Your Local 35 Gartlea Road, Airdrie, ML6 9JL £220.00 PL0361 Hillcrest Food and Wine 1 Hillcrest Ave, Wishaw, ML2 7RB £220.00 PL0422 Bentley Hotel 19 High Road, Motherwell, ML1 3HU £700.00 PL0519 Sherwood Manor Hotel 315 New Edinburgh Road, Uddingston, G71 6JA £280.00 PL0610 Cul-de- Sac 24 St Johns Street, Coatbridge, ML5 3EJ £280.00 Premises appears to have ceased trading. PL0877 4/6 Market Place 4/6 Market Place, Uddingston,G71 5AL £280.00 PL0893 The Pictures Restaurant Showcase Leisure Park, Langmuir Road, G69 7TZ £700.00 PL0895 Rigate Restaurant 23 Main Street, Coatbridge,ML5 3AJ £280.00 PL0919 Wishaw Newsbox 215 Main Street, Wishaw, ML2 7NE £220.00 Premises appear to have ceased trading. Page 19 of 20
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