Agenda Document Pack - Licensing Board - 28/02/2025
North Lanarkshire Council · 28 February 2025
Back to Licensing Board — 28 February 2025 and its agenda
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)HEUXDU\ Members of the Licensing Board &KLHI([HFXWLYH·V2IILFH 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, 28 February 2025 at 10:30 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : &OHUN1DPH 5LFKDUG/OHZHOO\Q &OHUN7HOHSKRQH &OHUN(PDLO OOHZHOO\QU#QRUWKODQJRYXN S Coyle, Michael Joseph Coyle (Vice-Chair)K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 70
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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 70
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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 70
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Item (3) Page 7 of 70
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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 8 of 70
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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 9 of 70
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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 10 of 70
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 11 of 70
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 12 of 70
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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 13 of 70
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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 15 of 70
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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 17 of 70
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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 19 of 70
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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 20 of 70
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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 21 of 70
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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 27 of 70
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8(c) Contact address 8(d) Email address Page 28 of 70
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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 29 of 70
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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 30 of 70
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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 31 of 70
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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 32 of 70
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Item (4) Page 35 of 70
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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 36 of 70
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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 37 of 70
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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 38 of 70
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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 39 of 70
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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 40 of 70
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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 41 of 70
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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 42 of 70
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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 43 of 70
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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 44 of 70
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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 45 of 70
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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 46 of 70
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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 52 of 70
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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 54 of 70
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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 (5) Page 55 of 70
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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 56 of 70
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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 57 of 70
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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 58 of 70
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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 59 of 70
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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 60 of 70
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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 (6) Page 67 of 70
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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 68 of 70
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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 69 of 70
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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 70 of 70