Agenda Document Pack - Licensing Board - 24/01/2025
North Lanarkshire Council · 24 January 2025
Back to Licensing Board — 24 January 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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17 January 2025 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, 24 January 2025 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 132
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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 20 December 2024 5 - 6 (3) Preliminary Hearing - Excluded Premises Application for Provisional Premises Licence - Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Applicant: Grove Retail Limited 7 - 32 (4) Application for Provisional Premises Licence - Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Applicant: Grove Retail Limited 33 - 68 (5) Application for Provisional Premises Licence - Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld G67 1NF Applicant: OMOA Limited 69 - 96 (6) Application to Vary Premises Licence - The Alex James, 45 Hamilton Road, Bellshill ML4 1AG Applicant: Melli Limited 97 - 116 (7) Application to Vary Premises Licence - Premier Express, 200 Stewarton Street, Wishaw ML2 8AG Applicant: Mohammed Naveed Ajaz Ali 117 - 128 (8) Premises Licence Review Hearing - Bentley Hotel, 19 High Road, Motherwell - Non-Payment of Annual Licensing Fees 129 - 132 Any Other Business Page 3 of 132
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LICENSING BOARD - 20 DECEMBER 2024 1 Motherwell, 20 December 2024 at 10.30 am. A Meeting of the NORTH LANARKSHIRE LICENSING BOARD PRESENT Councillor S Coyle, Convener; Councillor M Coyle, Vice-Convener; Councillors McVey, Nolan, Robb, Thomas and Toner. CHAIR Councillor S Coyle (Convener) presided. IN ATTENDANCE Legal Manager (Democratic and Resources) and Democratic Officer. ALSO IN ATTENDANCE Licensing Standards Officer. APOLOGIES Councillors Docherty and McLaren. 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 29 November 2024. Decided: that the terms of the Minute be approved. PREMISE LICENCE REVIEW HEARINGS IN TERMS OF SECTION 38 OF THE LICENSING (SCOTLAND) ACT 2005 FOR NON-PAYMENT OF ANNUAL FEES 2. With reference to paragraph six of the Minute of the meeting of North Lanarkshire Licensing Board held on 29 November 2024, when the Board had made premises licence review proposals in respect of premises for which annual fees remained unpaid in breach of the mandatory conditions of licence. There was submitted (1) a report by the Clerk to the Licensing Board proposing that, in terms of Section 39 of the Licensing (Scotland) Act 2005, a ground for review be established in respect of each of the premises listed in Appendix A to the report and that consideration be given to taking such steps as the Board considers necessary or appropriate for the purposes of any of the licensing objectives, and (2) a report by the Licensing Standards Officers on the premises licence review proposals. The Board heard the Legal Manager (Democratic and Resources) indicate that, of the premises listed in Appendix A to the report, licence fees remained unpaid for five premises, namely: Item (2) Page 5 of 132
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LICENSING BOARD - 20 DECEMBER 2024 2 Spar, 16 Constarry Road, Croy G65 9HT; 3 Ragazzi, 112 Cumbernauld Road, Muirhead, Glasgow G69 9AA; Your Local, 35 Gartlea Road, Airdrie ML6 9JL; Bentley Hotel, 19 High Road, Motherwell ML1 3HU, and Wishaw Newsbox, 215 Main Street, Wishaw ML2 7NE Decided: (1) that a ground for review had been established in respect of each of the premises listed above, and that it was thereafter considered appropriate for the purpose of the licensing objective of preventing crime and disorder to suspend each of the licences, with immediate effect, until the outstanding annual premises licence fees had been paid, and (2) that, should the annual premises licence fees remain unpaid, the licence holders be cited to attend the next meeting of the Licensing Board to be held on 24 January 2025 for the purposes of a further premises licence review proposal in respect of any premises for which annual fees remained unpaid in breach of the mandatory conditions of licence. ANY OTHER BUSINESS 3. There were no urgent items of business. Page 6 of 132
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1 Research & Reporting by Airdrie Service Station 1-23 Alexander Street, Airdrie, ML6 0BA Customer Profiling Research Report January 2025 Item (3) Page 7 of 132
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Introduction The following report outlines the findings from a customer research interviewing program carried out between Saturday 11th January and Tuesday 14th January at Airdrie Filling Station, 1-23 Alexander Street, Airdrie, ML6 0BA. The research explored the buying behaviours of persons’ resident in the locality of the site. Customers were asked to provide information on; their place of residence in relation to the premises, their means of travel to the premises and their purchasing behaviour in relation to fuel and groceries. Executive Summary Page Airdrie Filling Station 2 Key Research Objective [Section 123(5) seeks to determine, as interpreted in the Opinion of the Inner House of the Court of Session in BP Oil UK Limited v City of Glasgow Licensing Board and City of Edinburgh Licensing Board (5th April 2011) whether a recognisable number of persons in the locality see and treat the said premises as the principal source from which they, in ordinary course, purchase groceries or fuel and who would properly consider themselves materially disadvantaged or inconvenienced were these retail facilities to no longer be provided from said premises. Materially Disadvantaged or Inconvenienced +/- 76.6%- 82.5% +/- 88.4% +/-11.6%-17.5%+/- 23.4% **100.0% **0.0% +/- 76.7%- 82.6% +/- 88.5% +/-11.5%-17.4%+/- 23.3% Fuel, Yes Fuel, No Groceries, Yes Groceries, No Either, Yes Either, No Figure 1: Fuel base = 160 Groceries base = 1 Either base = 161 Page 8 of 132
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3 Conclusion The results show that a statistically significant* proportion of persons (82.6% (+/-5.86%) in the locality) see and treat this service station at 1-23 Alexander Street, Airdrie, as the principal source from which they, in ordinary course, purchase groceries or fuel and would properly consider themselves materially disadvantaged or inconvenienced were these retail facilities to no longer be provided from said premises. *Statistically significant - In statistics, a result is called statistically significant if it is unlikely to have occurred by chance. The likelihood that a result or relationship is caused by something other than mere random chance. ** Groceries base size too small to apply significance testing Page 9 of 132
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Contents Page 4 Executive Summary Page Page 2 Introduction Page 2 Key Research Objective Page 2 Conclusion Page 3 Contents Page Page 4 Research Methodology Page 5 Sample Size Page 5 Population of Interest Page 5 Defining the Population of interest Page 6 Research Findings – Locality Page 7 Locality to Premises Page 7 Research Findings – Geo-mapping Page 8 Research Findings – Demographics Page 9 Research Findings – Premises Usage Page 10 Research Findings – Inconvenienced Page 11 Research Findings – Fully Inconvenienced Page 13 About TMcK Page 15 About Market Research Society (MRS) Page 15 Appendix 1 – Research Background Page 16 Appendix 2 –Research Questionnaire Page 18 Appendix 3 – Open Ended Responses Page 22 Appendix 4- Postcodes Page 26 Page 10 of 132
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A quantitative research study was carried out from Saturday 11th January and Tuesday 14th January at Airdrie Filling Station, 1-23 Alexander Street, Airdrie, ML6 0BA with 448 customers (or ‘participants’). All of whom were selected as they were exiting the store. Fieldwork was stratified to cover the core hours of off sale of alcohol on the premises 10am until 10pm. The structured questionnaire (please see Appendix 2 for full questionnaire) was executed via Computer Assisted Personal Interviewing (CAPI) with the use of an iPad. The screen was shared with participants so that they could view all images and questions. All participants were asked to give their full postcode in order to help map travel time and distance to location. Sample Size All intercepts (interviews) were conducted as participants were exiting via the main front entrance/exit; participants were selected at random to ensure sampling confidence. Upon completion of each survey, interviewers were under strict instruction to approach the second customer that passed them. By completing 448 interviews with current service station users, we can be sure that the data and attitudes collected will be statistically representative of the customer base. Importantly this large number of ‘base’ participants allowed for statistical comparison of sub-groups. An important sub-group within this research that will form the ‘population of interest’ are participants who live within the locality of the premises AND use the garage as their principal source for purchasing Fuel or Groceries [Base – 161]. This figure represents 35.9% of the entire customer population. Population of Interest This sub-group of 161 participants will be used to answer the key objective of the research. Whether a recognisable number of persons in the locality see and treat the said premises as the principal source from which they, in ordinary course, purchase groceries or fuel and who would properly consider themselves materially disadvantaged or inconvenienced were these retail facilities to no longer be provided from said premises. Research Methodology Airdrie Filling Station 5 Page 11 of 132
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Defining the Population of Interest Airdrie Filling Station 6 Q2 – How far from this Station do you live? (Map 1) Within 1 mile = continue 1 mile + = record postal code & close Q7 – In the ordinary course of your purchasing habits, do you treat these premises as the principal source of: a) Petrol or DERV (Fuel)? b) Groceries? Yes to a) or b) = Continue No to a) and b) = Close Map 1 Page 12 of 132
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54.0% 46.0% 35.9% 0% 20% 40% 60% 80% 100% Non-Local Customer Local Customer Population of Interest Airdrie Filling Station Figure 2: base = 448 Research Findings – Locality Airdrie Filling Station Locality to Premises Q2 – How far away from this service station do you live? If codes 1-3 were selected (under 1 mile) then respondent was categorised as living within the locality. Page 13 of 132
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Research Findings–Geo-mapping Airdrie Filling Station 8 All participants were asked to provide their postcode in order to allow for them to be geo-tagged on a map. Out of the 161 participants who fell into the population of interest, 160 provided a full and complete postcode. They are represented below as red icons; in some cases, the same postcode has been given and will be represented by only 1 icon. Analysis of the postcode data has shown that the participants from the ‘population of interest’ live within a locality of 0.52 miles from the service station (green icon) on average. Average distance from service station – 0.52 miles Map 2 Page 14 of 132
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Research Findings – Demographics Airdrie Filling Station 9 68.9% 31.1% Male Female Local Respondent (Under 1 mile) Gender Figure 3: base = 206 92.2% 0.0% 3.9% 3.9% Always by vehicle Mostly by vehicle but sometimes on foot Mostly on foot but sometimes by vehicle Always on foot Local Respondent Travel Method to Filling Station Figure 5: base = 206 Grocery Shopping Base - 58 2.02 visits per week Fuel Purchase Base - 200 1.32 visits per week Table 1: Base Varied Average visits per week (local users) Local Respondent (under 1 miles) Age 11.7% 27.7% 14.6% 22.8% 18.4% 4.9% 18-24 25-34 35-44 45-54 55-64 65+ Figure 4: base = 206 Page 15 of 132
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Research Findings – Premises Usage Airdrie Filling Station 10 How Airdrie Filling Station is being used 58 participants (28.2%) Use service station as a source of Groceries 200 participants (97.1%) Use service station as a source of Petrol/DERV (Fuel) Participants, who live within the locality (within 1 mile) of the service station [206], were asked how they currently use the Service Station – Figure 6. They were then asked if, in the ordinary course of their purchasing habits, they treated this Service Station as their principal source of Petrol/DERV or Groceries – Figure 7. Defining the population of interest 161(78.2%) local customers (participants) answered ‘yes’ to treating the service station as their principal source of either groceries or fuel. This forms the population of interest as outlined in the introduction – Figure 8. Population of interest 161 participants Figure 7: Base Varied Do you treat this Filling Station as your principal source of… Do you treat this Filling Station as your principle source of either fuel or groceries? 78.2% 21.8% Yes No Figure 8: base = 206 Usage of service station 97.1% 28.2% Fuel Grocery Figure 6: base = 206 80.0 % 20.0 % Yes No Fuel: base = 314 1.7% 98.3 % Yes No Groceries: base = 58 Page 16 of 132
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Research Findings – Inconvenienced Airdrie Filling Station 11 Once the population of interest had been defined (Base 161), these participants were asked: Would you consider yourself materially disadvantaged or inconvenienced were this premises to be unable to provide you with: a) Petrol or DERV (Fuel)? b) Groceries? The results show that a statistically significant proportion of persons in the locality (82.6%) see and treat the premises as the principal source from which they, in ordinary course, purchase groceries or fuel and that they would properly consider themselves materially disadvantaged or inconvenienced were any of these retail facilities to no longer be provided from said premises. Bases Explained Fuel: Overall, 132 participants from the locality stated that they used the station as their principal source of fuel, of these participants 82.5% (132) stated that they would be materially disadvantaged if the premises could no longer provide them with fuel. Groceries: Overall, 1 participants from the locality stated that they used the station as their principal source of groceries, of these participants 100% (1) stated that they would be materially disadvantaged if the premises could no longer provide them with groceries. Base too low to apply significance testing. Either: The combined base and response for fuel and groceries. Materially Disadvantaged or Inconvenienced +/- 76.6%- 82.5% +/- 88.4% +/-11.6%-17.5%+/- 23.4% **100.0% **0.0% +/- 76.7%- 82.6% +/- 88.5% +/-11.5%-17.4%+/- 23.3% Fuel, Yes Fuel, No Groceries, Yes Groceries, No Either, Yes Either, No Figure 9: Fuel base = 160 Groceries base = 1 Either base = 161 Page 17 of 132
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Research Findings – Inconvenienced Airdrie Filling Station 12 FUEL: In order to qualify the result all participants who coded yes to being materially disadvantaged if the service station could no longer provide fuel were asked ‘Would you have an alternative fuel source you could use?’ Base 132 Yes – 95.5% (126) No – 4.5% (6) Those who answered ‘Yes’ to having an alternative fuel source – 95.5% (126) were then asked: Is this alternative fuel source available to you without causing you to be disadvantaged or inconvenienced in any way? Base 126 Yes – 96.0% (121) No – 4.0% (5) Results show that the alternative fuel sources available to 95.5% of participants would cause 4.0% of this group to be inconvenienced. 8.3% (11) of those materially disadvantaged (base 132) confirmed this was still the case after considering alternatives. GROCERIES: In order to qualify the result all participants who coded yes to being materially disadvantaged if the service station could no longer provide groceries were asked ‘Would you have an alternative grocery source you could use?’ Base 1 Yes – 100% (1) No – 0.0% (0) Those who answered ‘Yes’ to having an alternative grocery source – 100% (1) were then asked: Is this alternative grocery source available to you without causing you to be disadvantaged or inconvenienced in any way? Base 1 Yes – 100% (1) No – 0.0% (0) Results show that the alternative grocery sources available to 100% of participants would cause 0.0% of this group to be inconvenienced. 0.0% (0) of those materially disadvantaged (base 1) confirmed this was still the case after considering alternatives. Page 18 of 132
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Research Findings – Fully Inconvenienced Airdrie Filling Station 13 The graph below highlights participants who live locally and use the garage as their principal source of either fuel or groceries and who, after considering local alternatives, still feel they would be materially disadvantaged or inconvenienced if the premises could no longer provide them with either. The geo-map below shows where all participants (11) who coded ‘yes’ live; on average 0.58 miles from the station, in some cases the same postcode has been given and will be represented by only 1 icon. Map 3 Fully materially disadvantaged or inconvenienced? 8.3% 91.7% Yes No Figure 10: base = 133 Page 19 of 132
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Research Findings – Fully Inconvenienced Airdrie Filling Station 14 The graphs below highlight the demographic of those who are materially disadvantaged or inconvenienced after having considered local alternatives. Gender 72.7% 27.3% Male Female Figure 11: base = 11 Age 9.1% 27.3% 18.2% 0.0% 36.4% 9.1% 18-24 25-34 35-44 45-54 55-64 65+ Figure 12: base = 11 Grocery Shopping Base - 5 1.95 visits per week Fuel Purchase Base - 11 2.09 visits per week Table 2: Base Varied Average visits per week Page 20 of 132
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About TMcK 15 Taylor McKenzie Research has been delivering high-quality market research services since 2001. We work closely with our clients and research participants across the UK and beyond, providing the services needed to inform decision-making and drive positive change. A proud family business, our focus is on building trusted partnerships and consistently delivering excellence. At Taylor McKenzie Research, our mission is to provide our clients with the high- quality data they need to make informed decisions. Our highly skilled and approachable team serves as an extension of your own, delving into your research brief in the pursuit of answers. Since 2001, we have been blending innovative ideas with proven research techniques, resulting in a diverse portfolio of services to meet varied client needs. About Market Research Society (MRS) In the competitive world of market research, one name assures you of instant recognition and respect - that of MRS. MRS is the 'voice of your profession'. Their role is to represent and communicate good practice in research to the business community, government and the public; to award accreditation and to provide support for our members. Professional standards All members of the Society must comply with the MRS Code of Conduct which is enforced through a disciplinary process. This is the primary means by which market research remains a self-regulated profession. A range of guidelines and advisory services provide support to members in practical implementation of the Code. The Code of Conduct embodies the principles of confidentiality and transparency. It provides protection to research users, participants and to researchers themselves. The Code has the confidence of the business community, government and regulators. It embraces the principles of data protection legislation. Membership of MRS is your way of showing that you subscribe to these ethical and legislative principles. Page 21 of 132
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Appendix 1 – Research Background 16 The Licensing (Scotland) Act 2005 defines premises that operate in whole or in part as a garage for the sale of petrol or derv as “excluded premises”. Subject to the provisions of section 123(5) of the Act, garage premises are “excluded premises”. Where premises are “excluded premises”, sale of alcohol is not permitted. The Client wishes to explore the motivations and buying behaviours of the consumers who visit affected forecourt premises with the purpose of ascertaining whether or not their forecourt premises fall to be determined as “excluded premises” or within the exception contain under section 123(5). Section 123(5) seeks to determine, as interpreted in the Opinion of the Inner House of the Court of Session in BP Oil UK Limited v City of Glasgow Licensing Board and City of Edinburgh Licensing Board (5th April 2011) whether a recognisable number of persons in the locality¹ see and treat the said premises as the principal source² from which they, in ordinary course³, purchase groceries⁴ or fuel and who would properly consider themselves materially disadvantaged or inconvenienced⁵ were these retail facilities to no longer be provided from said premises. Should the research prove that a substantial % of a representative sample⁶ local residents who use the outlet as their principal source of groceries and would be materially disadvantaged or inconvenienced if the outlet stopped selling groceries then it would help to form a case to include the outlet as being ‘not excluded’ from the changing legislation. ¹ Locality will be defined on a premises by premises basis. This will be determined via respondent answering what will be Q1 (How far away from this station do you live?) and will be confirmed with geo-mapping postcode software. Those living within the chosen distance will be deemed suitable to represent persons living in the locality and they will be further questioned on purchasing habits. Those living out with the chosen distance will be asked for their postcode and interview will be terminated. ²¨³ Principal source / Ordinary course; these points must be answered by asking each respondent a question that will be interpreted consistently and fully understood. Generally speaking, do you treat this premises as your principal source for a) Petrol or DERV (a full description of DERV will be provided in Showcard to help understanding) b) Groceries. A simple yes or no answer will be collected. This will provide the research with its population of interest. Page 22 of 132
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17 ⁴ Groceries; will be defined as being food or other things used within the home. ⁵ Materially disadvantaged or inconvenienced; the term materially disadvantaged is perhaps not in the general diction of the average respondent, and we would not expect it to be used by a respondent if asked to describe how they felt about a retail outlet closing. However, when it is combined with the word inconvenienced in the Q. “Would you consider yourself materially disadvantaged or inconvenienced were this premises to be unable to provide you with a) petrol (DERV) b) Groceries?”) we would expect a good understanding. An open question asking why participants would feel materially disadvantaged or inconvenienced will be asked if ‘yes’ is coded at either a) petrol (DERV) or b) groceries. ⁶ Representative sample; in quantitative market research studies which are to be conclusive it is very important that the data collected and the findings and recommendations made from the data are representative of the given population. In real terms this means that should the study be repeated at any given time then the results will be similar 95 times out of 100 and within an acceptable margin of error (+/-) %. In order to achieve this, data collection should be stratified in terms of opening hours and weekend / weekday footfall and respondent selection should be entirely random. Statistical Representation In order for the findings to be conclusive it is very important that the data collected, the findings and recommendations made from the data are representative of the given population. In real terms this means that should the study be repeated at any given time then the results will be similar 95 times out of 100 and within an acceptable margin of error (+/-) %. In order to achieve this, data collection was stratified in terms of opening hours and weekend / weekday footfall and respondent selection was entirely random. The table below indicates achieved error thresholds for the overall base of participants and for the population of interest base. Error bars are present throughout each table to represent statistical relevance of each figure. Population %GIVING PARTICULAR ANSWER 10%/90% 30%/70% 50% Total Base 448 + 2.78 + 4.24 + 4.63 Local Base 206 + 4.10 + 6.26 + 6.83 Pop of interest Base 161 + 4.63 + 7.08 + 7.72 Inconvenienced Base 133 + 5.10 + 7.79 + 8.50 Page 23 of 132
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Appendix 2 – Research Questionnaire 18 Good morning/afternoon my name is ..................... & I am work for Taylor McKenzie Research & Marketing Ltd, an independent Scottish research agency. We are here today to better understand how this filling station is being used by its customers. We only have a few questions to ask and it is important you help so that we can ensure a representative view of all customers. It should only take 2 minutes. Q4 Including today, in the past 6 months have you used this station as a source of ... Showcard s4 Interviewer - Read out... Petrol or DERV (fuel) Go to Q5 Groceries Go to Q6 Both for Petrol or DERV (fuel) and Groceries Go to Q5 Interviewer note - if respondent queries what qualifies as 'groceries' please give the following description - Groceries - 'food or other things used within the home' Q1 Interviewer select filling station Airdrie Filling Station .............................................................................................. Q2 How far away from this Service station do you live? Showcard s2 Within 1/4 of a mile Within 1/2 a mile Within 1 mile Within 1.5 miles Within 1.5 to 2 miles Within 2 to 10 miles (approx.) CLOSE More than 10 miles away (approx.) CLOSE Go to Q3 Q3 Which of these best describes how you travel to this station? Showcard s3 Always by vehicle .................................. Go to Q4 Always on foot ...................................... Go to Q4 Mostly by vehicle but sometimes on foot ..... Go to Q4 Mostly on foot but sometimes by vehicle ..... Go to Q4 Other (write in) ...................................... Go to Q3 Page 24 of 132
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19 Q5 How often do you visit this station for the purchase of petrol or DERV (fuel)? Showcard s5 Every day ................................................................................... 4 - 5 times a week ........................................................................ 2 - 3 times a week ........................................................................ Once a week ............................................................................. 2 - 3 times a month ...................................................................... Once a month ............................................................................ Once every 2 months ................................................................... 3 - 4 times a year ......................................................................... Once a year .............................................................................. Less often .................................................................................. First visit ..................................................................................... Q6 How often do you visit this station for the purchase of groceries? Showcard s5 Every day ................................................................................... 4 - 5 times a week ........................................................................ 2 - 3 times a week ........................................................................ Once a week ............................................................................. 2 - 3 times a month ...................................................................... Once a month ............................................................................ Once every 2 months ................................................................... 3 - 4 times a year ......................................................................... Once a year .............................................................................. Less often .................................................................................. First visit ..................................................................................... Q7 Generally speaking, do you treat this premises as your principal source for: Showcard s6a & s6b Interviewer - Read out full statement above for both petrol and groceries Yes No Purchasing Petrol or DERV (fuel) Purchasing Groceries Page 25 of 132
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20 Q8 Would you consider yourself materially disadvantaged or inconvenienced were this premis to be unable to provide you with: Showcard s7 Yes No Petrol or DERV (fuel) Would you have an alternative fuel source you could use? Is this alternative fuel source available to you without causing you to be disadvantaged or inconvenienced in any way? If no: Why is this? (probe fully) _____________________________________________________ ______________________________________________ Q9 Would you consider yourself materially disadvantaged or inconvenienced were th premises to be unable to provide you with… Showcard s7b Yes No Groceries Would you have an alternative grocery source you could use? Is this alternative grocery source available to you without causing you to be disadvantaged or inconvenienced in any way? Q11 Finally: How often do you personally purchase alcohol in a supermarket, shop or off licence nowadays? Please select Weekly or more often .............................................................................................. Fortnightly ................................................................................................ Monthly ................................................................................................ Less Often ................................................................................................ Never .................................................................................................................. Q12 The operator of this site are looking to provide a wide range of alcohol for off-sale purchase in addition to the existing grocery/convenience offer. If suitable alcohol products were available to purchase at this premises, how likely or unlikely do you think you would be to purchase alcohol here? Very Likely ................................................................................................ Quite Likely ................................................................................................ Quite Unlikely ................................................................................................ Very Unlikely................................................................................................ Don’t know ................................................................................................ Page 26 of 132
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21 Q14 You mentioned you would be likely to purchase alcohol products at this premises… Assuming you could find everything you needed… Which of the following statements best describes you This alcohol purchase would replace a purchase from elsewhere ................................ This alcohol purchase would be in addition to a purchase elsewhere ................................ Unsure ................................................................................................................. Q15 Which of the following statements best describe why you are likely to purchase alcohol in location… Select ALL that apply Convenient .......................................................................................................... Closer to where I live ............................................................................................... Closer to where I work ............................................................................................. Saves me making an additional journey ................................................................ I like shopping at this store ........................................................................................ Other: Please write in _______________________________________________________ Q16 Record Gender Male ................................................................................................................... Female ................................................................................................................ Q17 Which of these age groups do you fall into? Showcard s8 18-24 ................................................................................................................... 25-34 ................................................................................................................... 35-44 ................................................................................................................... 45-54 ................................................................................................................... 55-64 ................................................................................................................... 65+ ..................................................................................................................... Interviewer Say: Could you please tell me your home postcode, this is so we can get a better under of store catchment. This data will never be used for contacting you and will never be passed on w personal information. Interviewer please enter with a space, as follows.... e.g. G2 4EZ Postcode ___________________ Page 27 of 132
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Appendix 3 – Open Ended Responses 22 Q8b - Would you consider yourself materially disadvantaged or inconvenienced were this premises to be unable to provide you with Fuel? If yes: Why is this? "Convenient brand of fuel" "Location" "Location price" "Location" "Location good" "Location" "Price location" "Convenient" "Location convenient" "Location suits n car wash on site" "Location price" "Location" "Location" "Convenient location" "Location" "Location" "Convenient" "Brand points" "Convenient fuel brand" "Location" "Location" "Location" "Convenient" "Location" "Location" "Location" "Convenient" "Location" "Brand price" "Convenient" "Location staff pleasant" "Location to home" "Location" "Location suits" "Location" "Convenient" "Convenient" "Location convenient" Page 28 of 132
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23 "Good option for fuel and top up shop" "Location for work" "Location" "Location staff helpful" "Location ease of access" "Location" "Convenient n pleasant staff" "Brand of fuel makes me use itb" "Location convenient" "Collecting points" "Location" "Location convenient" "Local" "Location on route home" "Location" "Location" "Location" "Location" "Location" "Convenient location" "Location" "Local" "Location" "Convenient fuel brand helpful staff" "Location" "Location" "Location" "Location" "Convenient" "Location convenient" "Location good" "Location" "Location" "Local" "Local" "Close to workplace" "Location" "Convenient" "Location n staff" "Fuel brand and she’ll app" "Location" "Location" "Opens late" "Local for home" "Location" Page 29 of 132
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24 "Convenient" "Use it for work" "Work uses it" "Convenient" "Location" "Location" "Convenient" "Location" "Location" "Price brand" "Location brand work choice" "Location" "Fuel brand" "Location" "Convenient location open 24hrs" "Location pleasant helpful staff" "Convenient" "Location" "Convenient location" "Location" "Location" "Easy access location" "Use shell card for work" "Location good for lunch" "Use for work only" "Convenient" "Location" "Location" "Like shell fuel" "Have to go elsewhere" "Location" "Suits me" "Location" "Convenient" "Opens late" "Convenient" "The need to travel further" "Location" "Use it for work This is the last one I do it had no post code" "Location" "Location convenient" "Prefer location" "Location" "Convenient" "Location" Page 30 of 132
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25 "Location" "Location" "Brand" "Location“ Q9b - Would you consider yourself materially disadvantaged or inconvenienced were this premises to be unable to provide you with Groceries? If yes: Why is this? "Close to work" Page 31 of 132
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Appendix 4 – Postcodes of Population of Interest 26 Ml6 0bb Ml6 9fd Ml6 0he Ml6 0ba Ml6 6sg Ml6 6dp Ml6 6ax Ml6 0ls Ml6 0ba Ml6 0hs Ml6 6eb Ml6 6hh Ml6 6pz Ml6 9aj Ml6 0lz Ml6 6ea Ml6 0ba Ml6 6ls Ml6 0bq Ml6 0ll Ml6 6ag Ml6 0jl Ml6 9jb Ml6 0ba Ml6 0bg Ml6 0lh Ml6 6pz Ml6 0ag Ml6 0jz Ml6 6dz Ml6 6pt Ml6 9hs Ml6 6bf Ml6 0df Ml6 0ll Ml6 9ez Ml6 0hd Ml6 6sq Ml6 6hw Ml6 0hg Ml6 9rn Ml6 0bb Ml6 0bq Ml6 0by Ml6 9hb Ml6 9al Ml6 6ah Ml6 9du Ml6 6sr Ml6 0bg Ml6 9hq Ml6 9hq Ml6 0ba Ml6 0bt Ml6 6af Ml6 0hd Ml6 9et Ml6 9ey Ml6 0jz Ml6 0ae Ml6 6bq Ml6 9aj Ml6 9pl Ml6 0bb Ml6 9an Ml6 9jp Ml6 0js Ml6 0ef Ml6 0ew Ml6 9gb Ml6 0da Ml6 0da Ml6 9ry Ml6 6sq Ml6 0ba Ml6 0da Ml6 0bd Ml5 4qb Ml6 6pj Ml6 9ew Ml6 6qt ML6 9xf Ml6 9an Ml6 6az Ml6 6dt Ml6 9db Ml6 6bf Ml6 9df Ml6 9xe Ml6 9px Ml6 6qs Ml6 9dz Ml6 0pj ML6 6RB Ml6 0ba ML6 0BB Ml5 3ql ML6 9JL Ml5 3pw Ml6 9dq Ml6 0bb ML6 0HP Ml6 0la Ml6 9dd Ml6 0by ML6 9LX Ml6 0bd Ml6 0da Ml6 9ed Ml6 6ax Ml6 9ty Ml6 0ht Ml6 6pj Ml6 0jb Ml6 9lx Ml6 9lr Ml6 9tx Ml6 0lh Ml6 0jj Ml6 8js Ml6 6qt Ml6 9lg Ml6 6sn Ml6 0er Ml6 6ht Ml6 6dt Ml6 6fa Ml6 6hj Ml6 9db Ml6 9by Ml6 6nf Ml6 6dt Ml6 0he ML6 9TP Ml6 0ld ML6 9rr Ml6 9dd Ml6 9pynn Ml6 9fa Ml6 9fd Ml6 0hb Ml6 9ja Ml6 9rt ML6 9XF Ml6 9bg Ml6 6bf Ml6 6de ML6 9AS Ml6 0jr Ml6 6qt Ml6 0jj Ml5 4rd Ml6 9rs Ml6 0by ML6 9GF Ml6 6se Ml6 9hf Ml6 0aj Ml6 6an Ml6 0jd Page 32 of 132
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 24/01/25 Application for Provisional Premises Licence – Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone Executive Summary The purpose of this Report is to present an application for a provisional premises licences under section 20 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 for a provisional premises licence as detailed in the report in terms of one of the following options: - 1. to grant the application, subject to Statutory Conditions and any other variation to the conditions to which the licence is subject that the Licensing Board may wish to impose; 2. to propose a modification to the operating plan or layout plan (or both) and if the applicant accepts the proposed modification, request that the applicant amend the application and, thereafter, grant the modified application with the proposed amendment subject to the Statutory Conditions and any other discretionary or local conditions which the Board may wish to impose; 3. to defer the application to the next Licensing Board; or 4. to refuse the application on one or more of the grounds referred to in paragraph 2.3 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item (4) Page 33 of 132
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1. Background 1.1 The Licensing Board has received an application for a new provisional premises licence in respect of the premises at Airdrie Service Station, 1-23 Alexander Street, Airdrie. In terms of section 23 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. 1.2 An application for a provisional premises licence is made when a premises is yet to be, or is in the course of being, constructed or converted for use as a licensed premises. Alcohol is not permitted to be sold under a provisional premises licence until the licence is confirmed. 1.3 The Licensing Board is asked to consider and determine the application for a new provisional premises licence as detailed in the attached Appendix. 2. Report 2.1 A provisional premises licence application, as detailed in Appendix 1, has been received from Grove Retail Limited in respect of premises at Airdrie Service Station, 1- 23 Alexander Street, Airdrie and is for: 2.1.1 A convenience store adjacent to a Petrol Filling Station; 2.1.2 Off-sale hours of Monday to Sunday from 10 am to 10 pm; 2.1.3 Recorded background music during and outwith core hours; 2.1.4 Off-sales capacity 21.82 m2. 2.2 Section 23 of the Act provides that if a provisional premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 2.2.1 if none of them apply, the Licensing Board must grant the application, or 2.2.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the subject premises are excluded premises; 2.3.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). 2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, Page 34 of 132
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2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 2.5 Where the Licensing Board refuses the application: 2.5.1 the Board must specify the ground for refusal, and 2.5.2 if the ground of refusal is that specified at 2.3.3 or 2.3.4, the Board must specify the licensing objective or objectives in question: 2.5.2.1 preventing crime and disorder; 2.5.2.2 securing public safety; 2.5.2.3 preventing public nuisance; 2.5.2.4 protecting and improving public health, and 2.5.2.5 protecting children and young persons from harm. Page 35 of 132
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2.6 The Licensing Board is asked to note: 2.6.1 that there has been no previous application made to the Licensing Board, and 2.6.2 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 Provisional Premises Licence – Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Name Archie Aitken Title Clerk to the Licensing Board Page 36 of 132
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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 132
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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 132
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Application for Provisional Premises Licence – Airdrie Service Station, 1-23 Alexander Street, Airdrie - List of Current Licensed Premises 375 – West End Bar, 26 Alexander Street, Airdrie – On and Off Sales – 180 379 – Tipsy Cow, 2 Alexander Street, Airdrie – On and Off Sales – 130 593 – The Tudor Hotel, 39-49 Alexander Street, Airdrie – On and Off Sales – 534 857 – Puro Pizzeria, 53 Alexander Street, Airdrie – On Sales – 30 867 – 9 Aitchison Street, Airdrie – Off Sales – 21.22 sqm 238 – Aldi, 24/28 High Street, Airdrie – Off Sales – 30.26 sqm 591 – Stirrup Stane, 2/4 High Street, Airdrie – On and Off Sales - 181 055 – 16 South Bridge Street, Airdrie – Off Sales – 19.56 sqm 150 – The Ram’s Head, 19 South Bridge Street, Airdrie – On and Off Sales – 130 703 – Vivi Restaurant, 21 South Bridge Street, Airdrie – On and Off Sales – 40 873 – Kegs or Tails, 27 South Bridge Street, Airdrie – On and Off Sales – 32.87 sqm 068 – St Margaret’s Centre, 96 Hallcraig Street, Airdrie – On Sales – 130 357 – Cue Here, 39 Hallcraig Street, Airdrie – On Sales – 150 808 – 94 Hallcraig Street, Airdrie – On and Off Sales – 150 681 – Il Capo, 121-123 Hallcraig Street, Airdrie – On and Off Sales - 200 051 – Ettore, 12/14 Bank Street, Airdrie – On and Off Sales – 616 810 – Airdrie Convenience Store, 18-20 Bank Street, Airdrie – Off Sales – 6.02 sqm 059 – The Staging Post, 8 Anderson Street, Airdrie – On and Off Sales - 248 571 – Airdrie No.1 Orange Social Club, 1 Baillies Lane, Airdrie – On Sales - 220 644 – Lodge Airdrie St John No 166, 19 Broomknoll Street, Airdrie – On and Off Sales – 100 649 – Airdrie Working Men’s Social Club, 15/17 Broomknoll Street, Airdrie – On Sales – 520 871 – Broomknowe Bar, 6 Broomknoll Street, Airdrie – On and Off Sales – 30 605 – Airdrie Bowling Club, 2 Manse Place, Airdrie – On Sales - 94 036 – Diamonds Nightclub, 41 Stirling Street, Airdrie – On Sales – 180 177 – The Cellar Bar, 79 Stirling Street, Airdrie – On and Off Sales – 110 304 – Yesterdays, 47 Stirling Street, Airdrie – On Sales – 140 315 – Imperial Bar, 110 Stirling Street, Airdrie – On and Off Sales - 200 400 – Razias, 10 Stirling Street, Airdrie – On and Off Sales – 170 490 – The Masons Arms, 30 Stirling Street, Airdrie – On and Off Sales - 60 521 – Day to Day Express, 19-21 Stirling Street, Airdrie – Off Sales – 16.68 sqm APPENDIX 1 Page 39 of 132
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771 – Airdrie Town Hall, Stirling Street, Airdrie – On Sales – 750 774 – Metro Store, 38 Stirling Street, Airdrie – Off Sales – 34.93 sqm 860 – Himalayan Dine-In, 76-78 Stirling Street, Airdrie – On and Off Sales – 60 197 – Iceland Foods Limited, 23-25 Graham Street, Airdrie – Off Sales – 4.55 sqm 231 – Pulse, 11 Graham Street, Airdrie – On Sales – 400 354 – Legends – 75 Graham Street – On and Off Sales – 270 516 – Treasury Bar, 7 Graham Street, Airdrie – On and Off Sales – 402 747 – Home Bargains, Units 78-88 Graham Street, Airdrie – Off Sales – 22.47 sqm 770 – Savers Health & Beauty, 16 Graham Street, Airdrie – Off Sales – 4.4 sqm 776 – Bozmar – 127 Graham Street – Off Sales – 5.28 sqm 777 – I Kandy – 129 Graham Street – On Sales – 300 525 – Morrisons – 15 Gartlea Road – Off Sales – 249.73 sqm 926 – Airdrie Gartlea Service Station, Gartlea Road, Airdrie – Off Sales – 8.61 sqm Page 40 of 132
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SCHEDULE 3 Regulation 4(1) APPLICATION FOR PROVISIONAL PREMISES LICENCE Licensing (Scotland) Act 2005, section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, section 20(1) Question 1 Name, address and postcode of premises to be licensed. Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Question 2 Particulars of applicant 2(a) Where applicant is an individual, provide full name, date and place of birth, and home address including postcode. 2(b) Where applicant is a partnership, please provide full name, and postal address of partnership. 2(c) Where applicant is a company, please provide name, registered office and company registration number. Grove Retail Limited, 2-4 New Cross Road, London SE14 5BE Company No: 09712430 Page 43 of 132
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2(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body. 2(e) Where applicant is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of connected persons.* Chelvatheebam Chelvam, Date of Birth: Place of Birth: Telephone: * Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005. Question 3 Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? YES / NO * If YES – provide full details Page 44 of 132
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Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign offence (a) YES / NO * *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty DESCRIPTION OF PREMISES Licensing (Scotland) Act 2005, section 20(2)(a) Question 5 5 Description of premises (where application is submitted by a members’ club, please also complete question 6) Convenience store adjacent to Petrol Filing Station (a) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant or foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 45 of 132
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Question 6 6 To be completed by members’ clubs only Do the club’s constitution and rules conform to the requirements of regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007? YES / NO * * Delete as appropriate DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant 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 ……………Thursday, 26 September 2024…………………………… Capacity ……… …………………… APPLICANT / AGENT * (delete as appropriate) Telephone number and email address of signatory: Archie Maciver Esq., Messrs Brunton Miller, Solicitors, 22 Herbert Street, Glasgow G20 6NB Telephone: Email: I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 46 of 132
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 47 of 132
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SCHEDULE 5 Regulation 6 OPERATING PLAN Licensing (Scotland) Act 2005, section 20(2)(b)(i) Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? NO 1(b) Will alcohol be sold for consumption solely OFF the premises? YES 1(c) Will alcohol be sold for consumption both ON and OFF the premises? NO *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES Day ON Consumption Opening time Terminal hour Monday N/A N/A Tuesday Wednesday Thursday Friday Saturday Sunday Page 48 of 132
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Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Day OFF Consumption Opening time Terminal hour Monday 10AM 10PM Tuesday 10AM 10PM Wednesday 10AM 10PM Thursday 10AM 10PM Friday 10AM 10PM Saturday 10AM 10PM Sunday 10AM 10PM Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES / NO * *If YES – provide details Page 49 of 132
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Question 5 PLEASE INDICATE THE OTHER ACTIVITIES OR SERVICES THAT WILL BE PROVIDED ON THE PREMISES IN ADDITION TO SUPPLY OF ALCOHOL COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation NO N/A N/A Conference facilities NO NO NO Restaurant facilities NO NO NO Bar meals NO NO NO 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. NO NO NO Club or other group meetings etc. NO NO NO 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) YES YES YES Live performances – see 5(g) NO NO NO Dance facilities NO NO NO Theatre NO NO NO Page 50 of 132
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Films NO NO NO Gaming NO NO NO Indoor/outdoor sports NO NO NO Televised sport NO NO NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities NO NO NO 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. The premises may play background recorded music in the premises from opening time. 5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. The premises will operate outwith the core licensed hours for the provision of fuel and convenience store items. For the avoidance of doubt no alcohol will be sold other than during the core licensed hours. Page 51 of 132
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5(g) Late night premises opening after 1.00am Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85dB? YES / NO * N/A When fully occupied, are there likely to be more customers standing than seated? YES / NO * *Delete as appropriate N/A Question 6 (On-sales only) CHILDREN AND YOUNG PERSONS 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry N/A *Delete as appropriate 6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry Page 52 of 132
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6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? 21.82sqm Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name 8(b) Date of birth 8(c) Contact address Page 53 of 132
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8(d) Email address 8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature …………………………………… * (see note below) Date …………Thursday, 26 September 2024……………………………… Capacity ……… …………………. APPLICANT / AGENT * (delete as appropriate). Telephone number and email address of signatory: Archie Maciver Esq., Messrs Brunton Miller, Solicitors, 22 Herbert Street, Glasgow G20 6NB Telephone: * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 54 of 132
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Question 3 Facilities available Please describe the facilities provided for disabled people N/A Question 4 Other provisions Please provide details of any other provisions made to aid the use of the premises by disabled people N/A DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this disabled access and facilities statement are true to the best of my knowledge and belief. Signature …………………………………… * (see note below) Date ……………………Thursday, 26 September 2024…………… Capacity …………………………………….APPLICANT / AGENT (delete as appropriate). Telephone number and email address of signatory; Archie Maciver Esq., Messrs Brunton Miller, Solicitors, 22 Herbert Street, Glasgow G20 6NB Telephone: * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 56 of 132
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0 1 5m floor plan Location Plan N 0 10 50m LEGEND Emergency Light Fitting Emergency Exit Light FittingE E Break Glass Call Point W Water Extinguisher CD Carbon Dioxide Extinguisher CLEAR WIDTHS 1. Entrance door 1.1m (clear opening) 2. Emergency exit door 0.9m (clear opening) EMERGENCY LIGHTING Emergency lighting installed in accordance with BS5266: Part 1: 2016. All emergency exit lights above exits to protected zones and outside to be maintained twenty four hours. All emergency exit signage to be to European standard. CHILDREN ACCESS AREA Children have full access to customer areas. TOILETS All materials including sanitary fittings to toilets are impervious, durable & have easily cleanable surfaces Staff toilet 1wc 1wash hand basin. ALCOHOL DISPLAY AREAS Alcohol display shelving length (to customer area) 2m x height 2.4m = 4.8sq.m. Chilled alcohol display shelving length (to customer area) 1.3m x height 2.1m = 2.73sq.m. Alcohol display shelving length (behind counter) 2.3m x height 2.3m = 5.29sq.m. Alcohol display gondola infront of counter length (total) 4.5m x height 2m = 9sq.m. Total vertical display - 21.82sq.m. DISPLAYS A. Alcohol display B. Display shelving C. Chilled display D. Freezers E. Counter GENERAL Any information provided by the Layout Plan that is not relevant to the Licensing (Scotland) Act 2005 is for information purposes only. P Powder Extinguisher WC Wet Chemical Extinguisher ALEXANDER STREET accesible toilet counter office stockroom customer area preparation entrance W CD P E E E E P P CD W WC 400 2300 19220 5400 C A A D CC C C C C E B AA A A B B B B B B B B B alcohol display height 2.3m alcohol display height 2.4m alcohol display height 2.1m 1 2 alcohol display height 2m 2000 400 1850 400 400 800 400 car parking car parking car parking car parking car wash canopy over petrol pumps OUT IN N 1300 700 1-23 Alexander Street Airdrie ML6 0BA scale 1:100(A1) 1:200 (A3) dwg no. 29076/LicB License Plan Page 57 of 132
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Date: 10 December 2024 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR PROVISIONAL PREMISES LICENCE PREMISES: Airdrie Service Station, Alexander Street, AIRDRIE ML6 0BA Thank you for notification of the above application. The Licensing (Scotland) Act 2005 Section 123 provides that certain premises are excluded from the alcohol licensing regime and consequently the sale of alcohol would not be permitted on these premises. Premises used as a petrol station, or parts of a premises used as a petrol station, are prohibited from holding a premises licence. The Act notes that such premises are not excluded premises if persons’ resident in the locality in which the premises are situated are, or are likely to become, reliant to a significant extent on the premises as the principal source of petrol or derv, or groceries (where the premises are, or are to be, used also for the sale by retail of groceries). We would ask that the Board consider the intended purpose of this exclusion clause within the Act. Our interpretation is that this exclusion is included as in some areas (e.g. remote or rural areas) there may be limited availability of groceries and grocery stores within the vicinity thus local service stations may be the only local provider of groceries. In this instance it may therefore be reasonable for a service station to provide alcohol along with other groceries. In determining whether this exclusion applies to this application we would ask that the Board give consideration to the fact that this is an urban area with a range of providers of both petrol and groceries and as such the community are not reliant on this particular premise as their principal source of petrol or groceries. Indeed, in the immediate vicinity there is the following provision of petrol and groceries: Morrisons supermarket with service station - 3 min drive, 11 min walk Esso (Tesco Express) Service Station - 3 min drive, 8 min walk Aldi supermarket - 2 min drive, 7 min walk Department of Public Health Kirklands Fallside Road Bothwell G71 8BB www.nhslanarkshire.scot.nhs.uk Licensing Board North Lanarkshire Council Civic Centre Windmillhill Street MOTHERWELL ML1 1AB Page 65 of 132
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Tesco Superstore - 4 min drive, 13 min walk In addition to our concerns about the appropriateness of this type of premise to sell alcohol in line with the exclusion set out in the Licensing Act, we are also concerned about the overall provision of alcohol within this area and the high level of alcohol- related harm in North Lanarkshire and Scotland as a whole. The Centre for Research on Environment, Society and Health (CRESH) has previously shown a significant association, at Scotland level, between alcohol outlet availability and alcohol related deaths and hospital admissions. This relationship was found even when other possible explanatory factors, such as age, sex, urban/rural status and levels of income deprivation, had been taken into account. This research also found that the most deprived neighbourhoods had more 40% more alcohol outlets in the most deprived areas compared to the least deprived.i As noted by the World Health Organisation, one of the most effective options for reducing alcohol-related harms is to restrict the availability of retailed alcohol.ii Data from the Monitoring and Evaluating Scotland’s Alcohol Strategy (2022) report continues to suggest purchasing alcohol for consumption from off-sales is a main factor in driving alcohol harms.iii Based on the most recently published data availableiv, the intermediate datazone (IDZ) of Coatdyke and Whinhall already has a high provision of overall alcohol outlets and is in the top 20% for both off sales and overall alcohol premises density for Scotland. Alongside the high availability of alcohol within this area, we are concerned about the high levels of alcohol related harms locally: The Scottish Health Survey reports that over one in five of the Scottish and Lanarkshire adult population self-report to be drinking to hazardous or harmful levels.v Scotland and Lanarkshire experiences high levels of alcohol related harms and the Airdrie locality has significantly higher levels of alcohol related hospital admissions than Scotland as a whole with the most recent data for 2022/23 showing Airdrie had a significantly higher rate of hospital admissions at 812.9 per 100,000 population compared to North Lanarkshire which is already significantly higher than the rate for Scotland at 671.4 compared to 531.9 per 100,000 population.vi In terms of alcohol harms, the rate for alcohol-related hospital admissions for the intermediate datazone of Coatdyke and Whinhall have consistently been significantly higher than the Scottish and North Lanarkshire rate since 2007. The rate for this area has fallen since 2020/21 to 684 admissions per 100,000 population (3 year average 2020/21-2022/23).vii It is unknown if this drop will continue in future years and the surrounding locality of Airdrie and North Page 66 of 132
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Lanarkshire as a whole remain areas of high concern thus it is important all efforts to reduce harm are harnessed.viii The crime rate in the intermediate datazone of Coatdyke and Whinhall is in the highest quintile in Scotland based on 2020 data.ix The Scottish Crime and Justice Surveyx collates data on whether offenders of violent crimes report being under the influence of alcohol at the time of their offence and suggests over one third (37%) have reported being under the influence for the most recent year available, highlighting the relationship between crime and alcohol consumption. Data demonstrates that there are some groups disproportionately affected by alcohol-related harm in terms of both mortality and morbidity. Those from areas of deprivation are five times more likely to be admitted to hospital for alcohol- related issues.xi The datazone of Coatdyke and Whinhall is in the 20% most deprived in Scotland. A key priority for improving the public health of the population is the need for targeted approaches which will reduce inequalities in health outcomes. We are also concerned about the impact of increasing availability in an area which already has high density of alcohol provision in terms of how this impacts on the rights and protection of those in recovery and also children and young people. A Scottish qualitative study also highlighted the high visibility of alcohol and advertising in shops as a risk to recovery, with people actively avoiding the alcohol aisles in bigger stores as well as small shops where alcohol is often located in full view behind the till.xii Research conducted by the Scottish Parliament with children in Scotland has found that shops were the most frequently cited place children reported seeing alcohol and one of the calls to action from this research is for less visibility of alcohol in shops in order to protect children’s rights.xiii As noted above, there are other retailers selling alcohol in close proximity to this application. We would ask that the Board consider the rights of children, young people and adults who may wish to shop local for everyday commodities, including fuel, without exposure to alcohol products in order to protect their health. Such consideration would support the licensing objectives of both protecting and improving public health and also support protecting children and young people from harm. In summary, we object to this application on the grounds that it does not meet the exclusion set out at Section 123 of the Licensing Act and given the high levels of alcohol related harm in the area we consider it is inconsistent with the licensing objective to protect and improve public health. Page 67 of 132
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Yours faithfully Consultant in Public Health NHS Lanarkshire Kirklands Hospital Fallside Road Bothwell G71 8BB Team Leader, Alcohol, Cannabis & Vaping Team Health Improvement NHS Lanarkshire 14 Beckford Street Hamilton ML3 0TA i https://www.alcohol-focus-scotland.org.uk/resources/alcohol-outlet-availability-and-harm-in-scotland.pdf ii https://www.who.int/news-room/fact-sheets/detail/alcohol iii MESAS monitoring report 2022 - Publications - Public Health Scotland iv https://creshmap.com/ v Scottish Government Scottish Health Survey dashboard. https://scotland.shinyapps.io/sg-scottish-health-survey/ vi https://scotland.shinyapps.io/ScotPHO profiles tool/ vii Local analysis to produce 3 year averages at IDZ level of ScotPHO profiles data (available on request) viii https://scotland.shinyapps.io/ScotPHO profiles tool/ ix https://creshmap.com/ x https://scotland.shinyapps.io/phs-health-achd/ xi https://scotland.shinyapps.io/ScotPHO profiles tool/ xii Shortt, N. et al. (2017). Place and recovery from alcohol dependence: A journey through photovoice. Health and Place, 47, 147-155) Place and recovery from alcohol dependence: A journey through photovoice - ScienceDirect xiii Alcohol-free-Childhood-Online.pdf (childrensparliament.org.uk) Page 68 of 132
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Item (5) Page 69 of 132
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1. Background 1.1 The Licensing Board has received an application for a new provisional premises licence in respect of the premises at Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld. In terms of section 23 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. 1.2 An application for a provisional premises licence is made when a premises is yet to be, or is in the course of being, constructed or converted for use as a licensed premises. Alcohol is not permitted to be sold under a provisional premises licence until the licence is confirmed. 1.3 The Licensing Board is asked to consider and determine the application for a new provisional premises licence as detailed in the attached Appendix 2. Report 2.1 A provisional premises licence application, as detailed in Appendix 1, has been received from OMOA Limited in respect of premises at Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld and is for a family friendly restaurant situated in Cumbernauld with on and off-sale hours as follows: On Sale Off Sale Monday 11 am – Midnight Monday 11 am – 10 pm Tuesday 11 am – Midnight Tuesday 11 am – 10 pm Wednesday 11 am – Midnight Wednesday 11 am – 10 pm Thursday 11 am – Midnight Thursday 11 am – 10 pm Friday 11 am – 1 am Friday 11 am – 10 pm Saturday 11 am – 1 am Saturday 11 am – 10 pm Sunday 11 am – Midnight Sunday 11 am – 10 pm 2.1.1 The Board are asked to note the hours requested are within Board policy and that services and activities may take place outwith core licensing hours, but only with the sale of alcohol where additional licensed hours are permitted by virtue of any extended hours granted in terms of section 67 or section 68 of the Act. 2.1.2 Other activities proposed to take place on the premises include a takeaway and home delivery service; 2.1.3 Children and young persons will be permitted access until 10 pm for the purpose of having a light snack or meal, and until the end of core hours for the purpose of attending a private function; 2.1.4 On sale capacity 141 persons. 2.2 Section 23 of the Act provides that if a provisional premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and Page 70 of 132
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2.2.1 if none of them apply, the Licensing Board must grant the application, or 2.2.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the subject premises are excluded premises; 2.3.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). 2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, 2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. Page 71 of 132
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2.5 Where the Licensing Board refuses the application: 2.5.1 the Board must specify the ground for refusal, and 2.5.2 if the ground of refusal is that specified at 2.3.3 or 2.3.4, the Board must specify the licensing objective or objectives in question: 2.5.2.1 preventing crime and disorder; 2.5.2.2 securing public safety; 2.5.2.3 preventing public nuisance; 2.5.2.4 protecting and improving public health, and 2.5.2.5 protecting children and young persons from harm. 2.6 The Licensing Board is asked to note: 2.6.1 that there has been no previous application made to the Licensing Board, and 2.6.2 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 Provisional Premises Licence – Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld G67 1NF Name Archie Aitken Title Clerk to the Licensing Board Page 72 of 132
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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 73 of 132
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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 74 of 132
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Application for Provisional Premises Licence - Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld - List of Current Premises 062 – Glasgow (Cumbernauld) Premier Inn, 4 South Muirhead Road, Cumbernauld – On and Off Sales – 499 625 – Royal British Legion Scotland Club (Cumbernauld) Limited, 7 South Muirhead Road, Cumbernauld – On Sales – 250 769 – B&M Stores, Unit 1 St Mungo’s Road, Cumbernauld – Off Sales – 34.66 sqm 717 – Home Bargains, Units 1a and 1b, 39 Teviot Walk, Cumbernauld – Off Sales – 20.35 sqm 719 – The Carrick Stone, 52-54 Teviot Walk, Cumbernauld – On and Off Sales – 676 812 – La Bella, 32 Ettrick Walk, Cumbernauld – On Sales – 90 341 – Iceland Foods Limited, 9/11 Ettrick Way, Cumbernauld – Off Sales – 6.35 sqm 765 – Bar Yellow, 1/3 Tweed Walk, Cumbernauld – On and Off Sales – 200 222 – Red Triangle Snooker Club, 4 St Mungo’s Walk, Cumbernauld – On Sales – 300 509 – Submarine, 2 St Mungo’s Walk, Cumbernauld – On Sales – 650 152 – Asda Store, 1 Tryst Road, Cumbernauld – Off Sales – 450.424 sqm 209 – Tesco Extra, 7 Tryst Road, Cumbernauld – Off Sales – 312 sqm 452 – Cumbernauld Indoor Bowling Club, North Carbrain Road, Cumbernauld – On Sales – 330 538 – Liddel Road Mini Market, 50 Liddel Road, Cumbernauld – Off Sales – 22 sqm 727 – 5A Fleming Road, Cumbernauld – Off Sales – 13.18 sqm APPENDIX 1 Page 75 of 132
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SCHEDULE 3 Regulation 4(1) APPLICATION FOR PROVISIONAL PREMISES LICENCE *Delete as appropriate Licensing (Scotland) Act 2005, section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, section 20(1) Question 1 Name, address and postcode of premises to be licensed. Tony Macaroni Cumbernauld Service Station Central Way Cumbernauld G67 1NF Question 2 Particulars of applicant 2(a) Where applicant is an individual, provide full name, date and place of birth, and home address including postcode. Page 77 of 132
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Question 3 Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? NO If YES – provide full details Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign office (a) NO *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty (a) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 79 of 132
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I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan X Layout plan X Planning certificate X Building standards certificate Food hygiene certificate *Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 81 of 132
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 82 of 132
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SCHEDULE 4 Regulation 4(2) ADDITIONAL MATERIAL – PREMISES LICENCE APPLICATION LODGED NO LATER THAN 16 JANUARY 2009 Is there a licence under the Licensing (Scotland) Act 1976 held in respect of the premises? YES/NO* (*Delete as appropriate) If so, do you consider the application to be a “Grandfather Rights” application (i.e. on falling within article 18 or 19 of the Licensing (Transitional and Saving Provisions) (Scotland) Order 2007)? YES/NO* (*Delete as appropriate) Page 83 of 132
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CORE HOURS FOR THE PURPOSE OF ATTENDING A PRIVATE FUNCTION. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry ALL PUBLIC AREAS Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? ON SALES – 141 PERSONS CAPACITY BREAKDOWN: GROUND FLOOR – 80 PERSONS FIRST FLOOR – 51 PERSONS EXTERNAL SEATING – 10 PERSONS Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name To be advised 8(b) Date of Birth Page 89 of 132
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8(c) Contact address 8(d) Email address Page 90 of 132
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8(e) Personal licence Date of Issue Name of Licensing Board issuing Reference no. of personal licence DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature ................. * (see note below) Audrey Junner, Hill Brown Licensing The Forsyth Building, 5 Renfield Street Glasgow G2 5EZ Date: 25th October 2024 Capacity ............................................................... AGENT (delete as appropriate) Telephone number and email address of signatory: *Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 91 of 132
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SCHEDULE 6 Regulation 7 DISABLED ACCESS AND FACILITIES STATEMENT Licensing (Scotland) Act 2005, section 20(2)(b)(iia) Question 1 Disabled access and facilities 1(a) Is there disabled access to the premises YES 1(b) Do you have facilities for those with a disability YES 1(c) Do you have any other provisions available to aid the use of the premises by disabled people YES *Delete as appropriate If you have answered Yes to any of the questions above please complete, as appropriate, the following sections. Question 2 Disabled access to, from and within the premises Please provide clear and detailed description of how accessible the premises are for disabled people. e.g. ramps, accessible floors, signage. Premises is situated on the accessible ground floor. Page 92 of 132
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Question 3 Facilities available Please describe in detail the facilities provided for disabled people. e.g. disabled toilets, lifts, accessible tables. Disabled toilets. Question 4 Other provisions Please provide details of any other provisions made to aid the use of the premises by disabled people. e.g. assistance dogs welcome, large print menus. Assistance dogs welcome. Page 93 of 132
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DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this disabled access and facilities statement are true to the best of my knowledge and belief. Signature … ………………….…………………… * (see note below) Audrey Junner, Hill Brown Licensing The Forsyth Building, 5 Renfield Street Glasgow G2 5EZ Date …25th October 2024…………………………………………… Capacity ……………AGENT Telephone number and email address of signatory… * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request.” Page 94 of 132
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Item (6) Page 97 of 132
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1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at The Alex James, 45 Hamilton Road, Bellshill. In terms of section 30 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. 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 The Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1, has been received from Melli Limited in respect of premises at The Alex James, 45 Hamilton Road, Bellshill ML4 1AG and is for the following: 2.1.1 An amendment to Q5(5) of the Operating Plan to add wording to read “External caterers may be used and brought in for functions and such like, on occasion; and Page 98 of 132
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2.1.2 An amendment to Children and young persons access to permit entry to the function room and toilets only, for the duration of the function that they are attending. 2.2 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 2.4.1 if none of them apply, the Licensing Board must grant the application, or 2.4.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the 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); 2.3.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 2.3.3 that having regard to: 2.3.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 2.3.3.2 the location, character and condition of the premises; and 2.3.3.3 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, 2.3.4 that, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the proposed variation), in the locality. 2.4 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 2.5 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. 2.5.1 The licensing objectives are: 2.5.1.1 preventing crime and disorder, 2.5.1.2 securing public safety, Page 99 of 132
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2.5.1.3 preventing public nuisance, 2.5.1.4 protecting and improving public health, and 2.5.1.5 protecting children and young persons from harm. 2.6 The Licensing Board is asked to note: 2.6.1 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 to Vary Premises Licence – The Alex James, 45 Hamilton Road, Bellshill ML4 1AG Name Archie Aitken Title Clerk to the Licensing Board Page 100 of 132
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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 101 of 132
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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 102 of 132
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Minor Variation (change of premises manager including any other minor variation) £31.00 Minor Variation or Variations £20 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. The Alex James 45 Hamilton Road Bellshill ML4 1AG 1(b) Premises Licence Reference Number. 218 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. APPENDIX 1 Page 103 of 132
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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. Melli Limited The Victory Offices 112 Victory Road Blackpool FY1 3NW 07395312 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? N/A Page 104 of 132
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Question 4 4 (a) Is the variation to the layout plan? NO 4 (b) If YES please (1) attach seven sets of plans showing the proposed new layout of the premises; and (2) describe the variation to the plan. Question 5 Describe other variation(s) sought Q5(f) – To add in wording to read “External caterers may be used and brought in for functions and such like, on occasion.” Q6(a) – To amend to YES. Q6(b) – To add wording to read “Children and young persons will be permitted access to the function room only, when attending a function.” Q6(c) – To add wording to read “0-17 years.” Q6(d) – To add wording to read “Children and young persons will be permitted access to the function room, for the duration of the function that they are attending.” Q6(e) – To add wording to read “Function room and toilets only.” 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:- Page 105 of 132
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(1) At the time of the earlier refusal the Board directed that the bar would not apply to any subsequent application. Page 106 of 132
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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. With board following transfer application. 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 - Nicola Smith – TLT Solicitors Date - 6 November 2024 Capacity AGENT Telephone number and e-mail address of signatory - * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Cheques made payable to North Lanarkshire Council Contact for enquiries: Mrs Worton – tel: 01698 302459 – email: wortonj@northlan.gov.uk Complete and return to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell ML1 1AB Page 107 of 132
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For use by the Licensing Board only Application Checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only Documents Lodged Premises Licence Reasons for failure Layout Plan Page 108 of 132
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6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry Children and young persons will be permitted access to the function room, for the duration of the function that they are attending. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Function room and toilets only. Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? On Sales - 576 Page 114 of 132
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DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature – Nicola Smith – TLT Solicitors Date – 6 November 2024 Capacity - AGENT Telephone number and email address of signatory – * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 116 of 132
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 24/01/25 Application to Vary Premises Licence – Premier Express, 200 Stewarton Street, Wishaw ML2 8AG From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 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: - 1. 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; 2. to defer the application to the next Licensing Board; or 3. to refuse the application on one or more of the grounds referred to in paragraph 2.3 of the report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement Item (7) Page 117 of 132
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1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Premier Express, 200 Stewarton Street, Wishaw. In terms of section 30 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the Licensing Board because the matters are not subject to delegation and can only be discharged by the Licensing Board. 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 The Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1, has been received from Mohammed Naveed Ajaz Ali in respect of premises at Premier Express, 200 Stewarton Street, Wishaw ML2 8AG and is for the following: 2.1.1 A variation of the layout plan resulting in an increase in the alcohol display capacity from 44.35 m2 to 48.10 m2. 2.2 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 Page 118 of 132
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considering and determining the application, consider whether any of the grounds for refusal apply and 2.4.1 if none of them apply, the Licensing Board must grant the application, or 2.4.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the 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); 2.3.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 2.3.3 that having regard to: 2.3.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 2.3.3.2 the location, character and condition of the premises; and 2.3.3.3 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, 2.3.4 that, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the proposed variation), in the locality. 2.4 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 2.5 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. 2.5.1 The licensing objectives are: 2.5.1.1 preventing crime and disorder, 2.5.1.2 securing public safety, 2.5.1.3 preventing public nuisance, 2.5.1.4 protecting and improving public health, and 2.5.1.5 protecting children and young persons from harm. Page 119 of 132
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2.6 The Licensing Board is asked to note: 2.6.1 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 to Vary Premises Licence – Premier Express, 200 Stewarton Street, Wishaw ML2 8AG Name Archie Aitken Title Clerk to the Licensing Board Page 120 of 132
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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 121 of 132
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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 122 of 132
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 24/01/25 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 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 20 December 2024, the Licensing Board determined that a ground for review had been established in respect of five premises and that it was considered appropriate for the purpose of the licensing objective of preventing crime and disorder, to suspend with immediate effect each of the licences until the outstanding licence fee had been paid. The Licensing Board further determined that, should the annual premises licence fees remain unpaid, the licence holders be cited to attend the next meeting of the Licensing Board for the purposes of a further premises licence review proposal in respect of any premises for which annual fees remained unpaid in breach of the mandatory conditions of licence. The annual fee for the Bentley Hotel, 19 High Road, Motherwell, ML1 3HU remains unpaid. Recommendations It is recommended that the Licensing Board determines that a further ground for review is established in respect of the Bentley Hotel 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. Item (8) Page 129 of 132
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2. Report 2.1 The Licensing Board, at its meeting held on 20 December determined that there had been a breach of mandatory condition 10 and that grounds for review had been established, namely preventing crime and disorder. Having reached this decision, the Board thereafter considered it appropriate for the purpose of the licensing objective of preventing crime and disorder to suspend the premise licence, with immediate effect, until the outstanding annual premises licence fee has been paid. 2.2 The premises licence holder of the Bentley Hotel was advised of the decision of the Licencing Board, both verbally and in writing, that the premises licence had been suspended with immediate effect on 20 December 2024 and that alcohol could no longer be sold or displayed on the premises. The Licensing Standards Officer has also undertaken site visits and discussed this with the Premise Licence Holder. Notwithstanding this, payment of the annual fee in the sum of £700.00 remains outstanding. 2.5 In terms of section 39 of the Licensing (Scotland) Act, the Licensing Board is asked to determine that a ground for review is established in respect of the Bentley Hotel 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 None. Name Archie Aitken Title Clerk to the Licensing Board Page 130 of 132
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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 £700.00 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 a licence holder’s 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 Page 131 of 132
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 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 132 of 132