Agenda Document Pack - Licensing Board - 28/03/2025
North Lanarkshire Council · 28 March 2025
Back to Licensing Board — 28 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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21 March 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, 28 March 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 184
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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 28 February 2025. 5 - 8 (3) Preliminary Hearing - Excluded Premises Application for Provisional Premises Licence - Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Applicant: Grove Retail Limited 9 - 34 (4) Application for Provisional Premises Licence - Airdrie Service Station, 1-23 Alexander Street, Airdrie ML6 0BA Applicant: Grove Retail Limited 35 - 70 (5) Application for Provisional Premises Licence - Mini Market, 14 Stewart Street, Coatbridge ML5 2BX Applicant: Asif Sardar 71 - 112 (6) Application to Vary Premises Licence - Aldi Stores Limited, 14 Unthank Road, Bellshill ML4 1DD Applicant: Aldi Stores Limited 113 - 132 (7) Application to Vary Premises Licence - Newmains Supersave, 6-8 Lynwood Road, Newmains ML2 9AB Applicant: Mohammed Wasim 133 - 144 (8) Application to Vary Premises Licence - Gartcosh Works Social Club, Eastgate, Gartcosh G69 8AT Applicant: Gartcosh Works Social Club 145 - 158 (9) Application to Vary Premises Licence - Glasgow Stepps (M80/J3) P1, 2 Buchanan Gate Business Park, Cumbernauld Road, Stepps G33 6LE Applicant: Whitbread Group PLC 159 - 180 (10) Premises Licence Review Hearing Review of Premises Licence - Bentley Hotel, 19 High Road, Motherwell - Non-Payment of Annual Licensing Fees 181 - 184 Page 3 of 184
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EXCLUSION OF PUBLIC The Board is asked to consider passing the following resolution: "That under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act". (11) Personal Licence Review Hearing Review of Personal Licence Holder - John Shilliday Any Other Business Page 4 of 184
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LICENSING BOARD - 28 FEBRUARY 2025 1 Motherwell, 28 February 2025 at 10.30 am. A Meeting of the NORTH LANARKSHIRE LICENSING BOARD PRESENT Councillor S Coyle, Convener; Councillor M Coyle, Vice-Convener; Councillors McLaren, 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 Sergeant Baillie, Police Scotland Licensing Standards Officer. L Barn, Agent – in respect of paragraph three. K Harvey, Applicant – in respect of paragraph four. L Simpson, Agent - in respect of paragraph four. N Kennedy, Representative – in respect of paragraph five. D Wyse, Premises Licence Holder - in respect of paragraphs seven and eight. T Broadfoot, Personal Licence Holder - in respect of paragraphs seven and eight. APOLOGY Councillor Docherty. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. LICENSING BOARD – MINUTE Item (2) Page 5 of 184
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LICENSING BOARD - 28 FEBRUARY 2025 2 2. There was submitted the Minute of the meeting of the Licensing Board held on 20 December 2024. Decided: that the terms of the Minute be approved. APPLICATION FOR PROVISIONAL PREMISES LICENCE – TONY MACARONI, CUMBERNAULD SERVICE STATION, CENTRAL WAY, CUMBERNAULD G67 1NF 3. There was submitted a report by the Clerk to the Licensing Board presenting an application by OMOA Limited for a Provisional Premises Licence in respect of premises at Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld G67 1NF. The Board then heard the applicant’s agent, Lewis Barn, Miller Samuel Hill Brown, speak in support of the application. During the course of Lewis Barn’s submission, the Board noted that the applicant would amend the application to reflect that there would be no delivery of alcohol from the premises without the provision of food. Decided: that the application by OMOA Limited for a Provisional Premises Licence in respect of premises at Tony Macaroni, Cumbernauld Service Station, Central Way, Cumbernauld G67 1NF be granted as amended. APPLICATION TO VARY PREMISES LICENCE – THE ALEX JAMES, 45 HAMILTON ROAD, BELLSHILL ML4 1AG 4. There was submitted a report by the Clerk to the Licensing Board presenting an application by Melli Limited to vary a premises licence in respect of premises at The Alex James, 45 Hamilton Road, Bellshill ML4 1AG. The Board heard the applicant’s agent, Lynn Simpson, TLT LLP, speak in support of the application. During the course of Lynn Simpson’s submission, the Board noted that the application should be amended to reflect that children and young persons would only be permitted access when accompanied by an adult. Decided: that the application by Melli Limited to vary a premises licence in respect of premises at The Alex James, 45 Hamilton Road, Bellshill ML4 1AG be granted as amended. The Convener exercised her discretion to vary the order of business as hereinafter minuted. PREMISE LICENCE REVIEW HEARING – BENTLEY HOTEL, 19 HIGH ROAD, MOTHERWELL - NON-PAYMENT OF ANNUAL LICENSING FEES Page 6 of 184
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LICENSING BOARD - 28 FEBRUARY 2025 3 5. With reference to paragraph two of the Minute of the meeting of the North Lanarkshire Licensing Board held on 20 December 2024, when the Board had determined that there had been a breach of mandatory condition 10 and that grounds for review had been established, namely preventing crime and disorder, and having reached that decision, the Board thereafter considered it appropriate for the purpose of the licensing objective of preventing crime and disorder to suspend, with immediate effect, the premises licences in respect of the Bentley Hotel, 19 High Road, Motherwell until the outstanding annual premises licence fee had been paid. There was submitted 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 the Bentley Hotel and that consideration be given to taking such steps as the Board considers appropriate for the purposes of any of the licensing objectives. The Board heard the premises licence holder’s representative, Neil Kennedy, speak in respect of the matter. Decided: (1) that a further ground for review had been established in respect of the Bentley Hotel, and that it was thereafter considered appropriate for the purpose of the licensing objective of preventing crime and disorder to suspend the premises licence, with immediate effect, for a further period of 28 days, and (2) that, should the annual premises licence fee remain unpaid, the premises licence holder be cited to attend the next meeting of the Licensing Board to be held on 28 March 2025 for the purposes of a further premises licence review proposal. APPLICATION TO VARY PREMISES LICENCE – PREMIER EXPRESS, 200 STEWARTON STREET, WISHAW ML2 8AG 6. There was submitted a report by the Clerk to the Licensing Board presenting an application by Mohammed Naveed Ajaz Ali to vary a premises licence in respect of premises at Premier Express, 200 Stewarton Street, Wishaw ML2 8AG. Decided: that the application by Mohammed Naveed Ajaz Ali to vary a premises licence in respect of premises at Premier Express, 200 Stewarton Street, Wishaw ML2 8AG be granted. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following item on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 3 and 6 of Part 1 of Schedule 7A of the Act. PREMISES LICENCE REVIEW HEARING – VIBE NIGHTCLUB, 11 GRAHAM STREET, AIRDRIE ML6 6AB 7. There was submitted a report by the Clerk to the Licensing Board (1) intimating that, in terms of section 36 of the Licensing (Scotland) Act 2005 (the Act), an application had been received from the Local Policing Commander, Lanarkshire Division, Police Scotland, for a review of Page 7 of 184
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LICENSING BOARD - 28 FEBRUARY 2025 4 the premises licence in respect of Vibe Nightclub, 11 Graham Street, Airdrie ML6 6AB; (2) enclosing, within Appendix 1 to the report, a copy of the review application, and (3) advising that the Licensing Standards Officer for the area in which the premises are situated had been sent a copy of the review application, and, in accordance with section 38(4) of the Act, a copy of the Licensing Standards Officers’ report on the application was attached as Appendix 2 to the report. The Board heard (1) Sergeant Baillie outline the Local Policing Commander’s grounds for the review of the premises licence; (2) the Licensing Standards Officer provide an overview of the matter, and (3) the Premises Licence holder, Derek Wyse, and the Premises Manager, Tracey Broadfoot, speak in respect of the matter. Decided: (1) the statutory grounds for review were established, namely grounds relevant to the licensing objectives of preventing crime and disorder, securing public safety and protecting and improving public health and (2) it was necessary or appropriate for the licensing objectives (as stated above) to issue a written warning to the licence holder. The Clerk would draft the written warning and circulate to Board members for approval subject to it being issued to the licence holder. PERSONAL LICENCE REVIEW HEARING – TRACEY BROADFOOT 8. With reference to the preceding paragraph, there was submitted a report by the Clerk to the Licensing Board (1) intimating that, in terms of section 84A of the Licensing (Scotland) Act 2005, a report had been received from the Local Policing Commander, Lanarkshire Division, Police Scotland, reporting that Tracey Broadfoot, who currently held a Personal Licence and was the Premises Manager at Vibe Nightclub, 11 Graham Street, Airdrie ML6 6AB, had acted in a manner that was inconsistent with the licensing objectives, and (2) enclosing, within Appendix 1 to the report, a copy of the report received from the Local Policing Commander, Lanarkshire Division, Police Scotland. The Board heard Sergeant Baillie outline the Local Policing Commander’s report, and Tracey Broadfoot, who was accompanied by the Premises Licence holder of Vibe Nightclub, Derek Wyse, speak in respect of the matter. Decided: the Board agreed it was necessary to suspend the personal licence, with immediate effect, for a period of two months for the purposes of the licensing objectives of preventing crime and disorder, securing public safety, and protecting and improving public . ANY OTHER BUSINESS 9. There were no urgent items of business. Page 8 of 184
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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 9 of 184
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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 10 of 184
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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 11 of 184
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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 12 of 184
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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 13 of 184
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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 14 of 184
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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 15 of 184
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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 16 of 184
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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 17 of 184
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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 18 of 184
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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 19 of 184
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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 20 of 184
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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 21 of 184
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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 22 of 184
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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 23 of 184
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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 24 of 184
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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 25 of 184
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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 26 of 184
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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 27 of 184
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20 Q8 Would you consider yourself materially disadvantaged or inconvenienced were this premises 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 this 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 28 of 184
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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 this 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 understanding of store catchment. This data will never be used for contacting you and will never be passed on with any personal information. Interviewer please enter with a space, as follows.... e.g. G2 4EZ Postcode ___________________ Page 29 of 184
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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 30 of 184
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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 31 of 184
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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 32 of 184
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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 33 of 184
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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 34 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/03/25 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 35 of 184
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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 ML6 0BA. 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 a convenience store adjacent to a petrol filling station with off-sale hours as follows: On Sale Off Sale Monday N/A Monday 10 am – 10 pm Tuesday N/A Tuesday 10 am – 10 pm Wednesday N/A Wednesday 10 am – 10 pm Thursday N/A Thursday 10 am – 10 pm Friday N/A Friday 10 am – 10 pm Saturday N/A Saturday 10 am – 10 pm Sunday N/A Sunday 10 am – 10 pm 2.2 The Board are asked to note that the hours requested are those permitted in terms of section 65 of the Act. The premises will operate outwith the core licensed hours for the provision of fuel and convenience store items only. For the avoidance of doubt, no alcohol will be sold other than during the core licensed hours. The premises may also play background recorded music in the premises from opening time. The Off Sale capacity of the premises is 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; Page 36 of 184
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2.3.2 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, 2.3.3 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.4 that having regard to: 2.3.4.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.4.2 the location, character and condition of the premises, and 2.3.4.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.5 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. 2.4 “Excluded premises” for the purposes of ground of refusal of 2.3.1 above, include premises used as a “garage”. “Garage” is defined in section 123 of the Act as a premises used for one or more of the following: 2.4.1 the sale by retail of petrol or derv, 2.4.2 the sale of motor vehicles, or 2.4.3 the maintenance of motor vehicles. 2.5 However, premises used for the sale by retail of petrol or derv or which form part of premises so used are not to be treated as 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 principle source of petrol or derv or groceries (where the premises are, or are to be, used also for the sale of groceries). 2.6 Before the Board may grant this application, the Board must accordingly first satisfy itself that the premises in question are premises on which persons in the locality are, or are likely to become reliant to a significant extent as the principle source of petrol, derv or groceries in that locality. 2.7 Where the Board considers that: - 2.7.1 they would refuse the application as made, but 2.7.2 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. 2.8 Where the Licensing Board refuses the application: Page 37 of 184
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2.8.1 the Board must specify the ground for refusal, and 2.8.2 if the ground of refusal is in relation to a licensing objective, the Board must specify the licensing objective or objectives in question: 2.8.2.1 preventing crime and disorder; 2.8.2.2 securing public safety; 2.8.2.3 preventing public nuisance; 2.8.2.4 protecting and improving public health, and 2.8.2.5 protecting children and young persons from harm. 2.9 The Licensing Board is asked to note: 2.9.1 that there has been no previous application made to the Licensing Board, and 2.9.2 that following all necessary and appropriate consultation two objections to the application have been received, copies of which are contained within Appendix 2. 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. Appendix 2 Objections Name Archie Aitken Title Clerk to the Licensing Board Page 38 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report is in compliance with the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 39 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 40 of 184
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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 41 of 184
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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 42 of 184
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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 45 of 184
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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 46 of 184
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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 47 of 184
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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 48 of 184
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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 49 of 184
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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 50 of 184
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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 51 of 184
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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 52 of 184
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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 53 of 184
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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 54 of 184
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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 55 of 184
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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 56 of 184
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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 58 of 184
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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 59 of 184
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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 67 of 184
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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 68 of 184
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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 69 of 184
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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 70 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/03/25 Provisional Premises Licence Application under the Licensing (Scotland) Act 2005 – Mini Market, 14 Stewart Street, Coatbridge, ML5 2 BX 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 (5) Page 71 of 184
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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 Mini Market, 14 Stewart Street, Coatbridge ML5 2BX. 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 1. 2. Report 2.1 The provisional premises licence application has been received from Asif Sardar in respect of premises at Mini Market, 14 Stewart Street, Coatbridge ML5 2BX and is for a ground floor shop situated in the Sunnyside area of Coatbridge operating as a general convenience store selling groceries, newspapers etc with the following: 2.1.1 Off Sale hours of 10am to 10pm daily (which are those permitted in terms of section 65 of the Act); and 2.1.2 Off Sales capacity of 18.9 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; 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; Page 72 of 184
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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. 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 Page 73 of 184
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2.6.2 that following all necessary and appropriate consultation one objection to the application has been received, a copy of which is contained within Appendix 2. 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 – Mini Market, 14 Stewart Street, Coatbridge ML5 2BX. Appendix 2 Objection. Name Archie Aitken Title Clerk to the Licensing Board Page 74 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 75 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 76 of 184
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Application for Provisional Premises Licence Mini Market, 14 Stewart Street, Coatbridge ML5 2BX List of Current Licensed Premises Premises Sale of Alcohol Capacity Spar, 1-4 Russell Colt Street, Coatbridge Off Sales 27.59 m2 Day-Today, 2 Coltswood Road, Coatbridge Off Sales 19.62 m2 Lodge Old Monkland St James Masonic Social Club, Coltswood Road, Coatbridge On Sales 110 Shunters Bar, 3 Sunnyside Road, Coatbridge On/Off Sales 51 Shimla Cottage, 109 Sunnyside Road, Coatbridge On/Off Sales 270 Fountain Bar, 12/14 Sunnyside Road, Coatbridge On/Off Sales 65/3.99 m2 St Andrew’s Bar, 37/28 Sunnyside Road, Coatbridge On Sales 95 The Segton Bar, 22 Sunnyside Road, Coatbridge On/Off Sales 194/10.5 m2 The Heritage Bar, 23/24 Sunnyside Road, Coatbridge On Sales 100 Bon Appetite, 26a Sunnyside Road, Coatbridge On Sales 60 Aleysha’s Attic, 24/26 Sunnyside Road, Coatbridge On Sales 120 Morrisons Daily, 119 Gartsherrie Road, Coatbridge Off Sales 19.84 m2 Bairds & Scottish Social & Recreation Club, 100 Gartsherrie Road, Coatbridge On/Off Sales 350 La Ronde, 141 Gartsherrie Road, Coatbridge On/Off Sales 651 USave, 127 Gartsherrie Road, Coatbridge Off Sales 21.032 m2 West End Bowling Club, Blair Road, Coatbridge On Sales 60 Toor Licensed Grocers, 3 Corsewall Street, Coatbridge Off Sales 17.87 m2 Corsewall Mini Market, 73 Corsewall Street, Coatbridge Off Sales 15.477 m2 Georgian Hotel, Lefroy Street, Coatbridge On/Off Sales 456/17.46 m2 Shop Local, 14 West Canal Street, Coatbridge Off Sales 18.5 m2 Scotmid, 142 Bank Street, Coatbridge Off Sales 47 m2 Shopsmart, 177 Bank Street, Coatbridge Off Sales 20.6 m2 Eastern Palace, 138 Bank Street, Coatbridge On Sales 54 Tesco Express, 180 Bank Street, Coatbridge Off Sales 29.698 m2 Burger 7 Coatbridge, 132-136 Bank Street, Coatbridge On Sales 50 Argyll Bar, 93 Main Street, Coatbridge On/Off Sales 112 ASDA, Main Street, Coatbridge Off Sales 249.811 m2 Centre Point, Main Street, Coatbridge On Sales 228 30s Coatbridge, Main Street, Coatbridge On Sales 500 The Vulcan, 181 Main Street, Coatbridge On/Off Sales 198 Nisa Local Coatbridge, Units 22/23 Quadrant Shopping Centre, 125 Main Street, Coatbridge Off Sales 31.49 m2 Eden, Unit 25 Quadrant Shopping Centre, 125 Main Street, Coatbridge On Sales 700 The Yard House, Unit 25b Quadrant Shopping Centre, 125 Main Street, Coatbridge On/Off Sales 390 The Old Post Office, 132 Main Street, Coatbridge On/Off Sales 275/6.5 m2 48-50 Main Street, Coatbridge Off Sales 20.4 m2 APPENDIX 1 Page 77 of 184
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Avenue Nightclub, Unit 5 Quadrant Shopping Centre, 125 Main Street, Coatbridge On Sales 450 Rigate Restaurant, 23 Main Street, Coatbridge On/Off Sales 46 Cheers Bar, Unit 5 Quadrant Shopping Centre, 125 Main Street, Coatbridge On Sales 82 The Mint Bar and Restaurant, Academy Street, Coatbridge On Sales 320 St Patrick’s Parish Hall, 1 St John Street, Coatbridge On Sales 400 Cul-de-Sac, 24 St John Street, Coatbridge On Sales 250 Coatbridge Columba Club, St John Street, Coatbridge On Sales 160 22 District Social Club, Crichton Street, Coatbridge On/Off Sales 120 Victoria Bowling Club, 23/29 Weir Street, Coatbridge On Sales 100 Page 78 of 184
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2 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. 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. * *Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005 Page 82 of 184
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3 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 Has the applicant or any connected person ever been convicted of a relevant or foreign office (a) NO *If YES – provide full details Name and 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 83 of 184
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5 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 N/A Food Hygiene Certificate N/A *Data Protection Act 2018 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 85 of 184
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6 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 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 86 of 184
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7 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 87 of 184
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8 SCHEDULE Regulation 7 SCHEDULE 6 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 NO 1(c) Do you have any other provisions available to aid the use of the premises by disabled people NO *(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, si.wiage Ground level premises with small step up to door way. Page 88 of 184
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9 Question 3 Facilities available Please describe in detail the facilities provided for disabled people e.g. disabled toilets, lifts, accessible tables. Question 4 Other provisions Please provide details of any provisions made to aid the use of the premises by disabled people e.g. assistance dogs welcome, large print menus. Page 89 of 184
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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 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 96 of 184
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Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? Off sales: 18.9m2 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name TBC 8(b) Date of birth 8(c) Contact address 8(d) Email address Page 97 of 184
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* 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 99 of 184
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STEWART STREET Children and young persons have access throughout Activities will take place throughout the premises as per Question 5 of the Operating Plan”. Any information provided on the Layout Plan that is not relevant to the Licensing (Scotland) Act 2005 is for information purposes only 5000 14000 Page 100 of 184
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NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: Head of Legal and Democratic Solutions Civic Centre Windmillhill Street Motherwell FROM: Business Regulation Community Operations Paul Bannister Protective Services Manager Civic Centre Windmillhill Street Motherwell ML1 1AB Ask for: Tim Lush Ext Your Ref. My Ref. 633924 Date Wednesday, 18 December 2024 Copied to: Subject Provisional Premises – Mini Market, 14 Stewart Street, Coatbridge ML5 2BX I refer to your email dated 16 December 2024 regarding an application for a provisional premises licence at Mini Market, 14 Stewart Street, Coatbridge ML5 2BX. Please note that enforcement action was taken against the business “Mini Market Sunnyside” at 14 Stewart Street, Coatbridge on 15th August 2024 during which 49 bottles of counterfeit vodka, falsely labelled as ‘Glens’ were removed from the premises by Authorised Officers of North Lanarkshire Council. Upon analysis, the vodka was found to contain a quantity of isopropanol (IPA) which is potentially injurious to health when consumed. Consequently, the alcohol premises licence was revoked on 20th September 2024 by the Licensing Board. The business has remained closed since then and investigations are ongoing. The man who identified himself as the ‘owner’ on 15th August 2024 is Mr Kuldip Singh Rai. Mr Singh Rai had operated the shop alone and managed the day-to-day activities without any assistance. This has been corroborated by officer observations and review of several weeks of CCTV footage by colleagues at Food Standards Scotland Food Crime Unit. Despite Mr Singh Rai’s heavy involvement, the licence holder was Razia Nasir and the premises manager was Taninder Rai. During investigations, Razia Nasir has not been identified whereas Taninder Rai is the daughter of Kuldip Singh Rai. Despite their official positions, neither Razia Nasir nor Taninder Rai appear to have been involved in the day today business operations or have been seen on site by officers dealing with the aforesaid investigation. Revocation of the previous premises licence was sought following the counterfeit alcohol found onsite because there was no credible management control nor safeguarding of the legal compliance status of the business enterprise operating from the premises, nor the controlling minds and/or employees working in said premises, and therefore no way of determining safe and legal future conduct within the premises. We note from Companies House that the applicant Asif Sardar has 6 appointments, 5 of which are with active companies, extract appended. We also note that there is an Omar Nasir affiliated with one of these active companies, OA666 Ltd. extract appended. We further note from Companies House that Omar Nasir and Razia Nasir (who held the previous premises licence which was revoked) are both listed as Directors of Company number SC518026, extract appended. This may indicate a connection between these individuals and the new applicant, and by extension a connection to Kuldip Singh Rai. APPENDIX 2 Page 101 of 184
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Our concern is that the information provided in the application does not offer any reassurance that the previous operating model of presenting a proxy licence holder and premises manager will not simply continue. On this basis, and in absence of further re-assurance that this is a complete change in ownership and running of the business, we object to the granting of the licence. Tim Lush Environmental Health Officer Page 102 of 184
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2 officers / 0 resignations NASIR, Omar Correspondence address 254 Main Street, Bellshill, Scotland, ML4 1AB Role Active Director Date of birth June 1988 Appointed on 13 June 2023 Nationality British Country of residence Scotland Occupation Manager SARDAR, Asif Correspondence address 254 Main Street, Bellshill, Scotland, ML4 1AB Role Active Director Date of birth September 1974 Appointed on 13 June 2023 Nationality British Country of residence United Kingdom Occupation Manager Tell us what you think of this service (https://www.smartsurvey.co.uk/s/getcompanyinformation/) Is there anything wrong with this page? (/help/feedback? sourceurl=https://find-and-update.company-information.service.gov.uk/company/SC772482/officers) Page 104 of 184
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Policies Link opens in new tab Cookies (https://beta.companieshouse.gov.uk/help/cookies) Contact us Link opens in new tab Accessibility statement (https://beta.companieshouse.gov.uk/help/accessibility-statement) Developers Link opens in new tab Built by Companies House © Crown copyright Page 105 of 184
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Country of residence Scotland Occupation Director NASIR, Omar Correspondence address 211b, Main Street, Bellshill, Scotland, ML4 1AJ Role Resigned Director Date of birth June 1988 Appointed on 1 September 2023 Resigned on 1 November 2023 Nationality British Country of residence Scotland Occupation Director Tell us what you think of this service (https://www.smartsurvey.co.uk/s/getcompanyinformation/) Is there anything wrong with this page? (/help/feedback? sourceurl=https://find-and-update.company-information.service.gov.uk/company/SC518026/officers) Policies Link opens in new tab Cookies (https://beta.companieshouse.gov.uk/help/cookies) Contact us Link opens in new tab Accessibility statement (https://beta.companieshouse.gov.uk/help/accessibility-statement) Developers Link opens in new tab Built by Companies House © Crown copyright Page 108 of 184
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Country of residence United Kingdom Occupation Director OA666 LTD (SC772482) Company status Active Correspondence address 254 Main Street, Bellshill, Scotland, ML4 1AB Role Active Director Appointed on 13 June 2023 Nationality British Country of residence United Kingdom Occupation Manager OA999 LTD (SC728844) Company status Active Correspondence address 69 Morven Drive, Motherwell, Scotland, ML1 2TT Role Active Director Appointed on 6 April 2022 Nationality British Country of residence United Kingdom Occupation Company Director RETAIL EXPRESS MOTHERWELL LTD (SC455833) Company status Active Correspondence address 69 Morven Drive, Motherwell, United Kingdom, ML1 2TT Role Active Director Appointed on 1 August 2013 Nationality British Country of residence United Kingdom Occupation Manager RETAIL EXPRESS 24/7 LTD (SC406796) Company status Dissolved Correspondence address 69 Morven Drive, Motherwell, Scotland, ML1 2TT Page 110 of 184
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Role Director Appointed on 5 September 2011 Nationality British Country of residence United Kingdom Occupation It Consultant Tell us what you think of this service (https://www.smartsurvey.co.uk/s/getcompanyinformation/) Is there anything wrong with this page? (/help/feedback?sourceurl=https://find-and-update.company- information.service.gov.uk/officers/J6xDLZI-HOZvkKIedOEV5MEz8BY/appointments) Policies Link opens in new tab Cookies (https://beta.companieshouse.gov.uk/help/cookies) Contact us Link opens in new tab Accessibility statement (https://beta.companieshouse.gov.uk/help/accessibility- statement) Developers Link opens in new tab Built by Companies House © Crown copyright Page 111 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/02/25 Application to Vary Premises Licence – Aldi Stores Limited, 14 Unthank Road, Bellshill ML4 1DD From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Aldi Stores Limited, 14 Unthank 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. 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 attached Appendix 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 (6) Page 113 of 184
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 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 the attached Appendix, has been received from Aldi Stores Limited in respect of premises at Aldi Stores Limited, 14 Unthank Road, Bellshill ML4 1DD and is for the following: 2.1.1 a reconfiguration of the store and extension of Off Sales display area, resulting in an increase in Off Sales capacity from 31.51426 m2 to 39.0367 m2 as part of the store refurbishment; and 2.1.2 the addition of recorded music as a permitted activity, during and outwith licensed hours. 2.1.3 Add wording at Q5 to read: “Background music may be played during and outwith core hours”. 2.1.4 Amend wording at Q5(f) to read: “Sale of other goods consistent with the business of a supermarket, including outwith core hours. Home deliveries, Click and Collect Service, and On-line sales may also take place”. Page 114 of 184
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2.1.5 Amend Off-Sales capacity to 39.03676 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 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 115 of 184
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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 Application to Vary Premises Licence – Aldi Stores Limited, 14 Unthank Road, Bellshill ML4 1DD Name Archie Aitken Title Clerk to the Licensing Board Page 116 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 117 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 118 of 184
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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. Aldi Stores Limited 14 Unthank Road Bellshill ML4 1DD 1(b) Premises Licence Reference Number. 253 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 Page 119 of 184
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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. Aldi Stores Limited Holly Lane Atherstone Warwickshire CV9 2SQ 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 120 of 184
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Question 4 4 (a) Is the variation to the layout plan? YES 4 (b) If YES please (1) attach seven sets of plans showing the proposed new layout of the premises; and (2) describe the variation to the plan. RECONFIGURATION OF STORE AND EXTENSION OF OFF-SALES DISPLAY AREA, RESULTING IN AN INCREASE IN CAPACITY FROM 31.51426m2 TO 39.03676m2, AS PART OF STORE REFURBISHMENT Question 5 Describe other variation(s) sought ADD ‘RECORDED MUSIC’ AS PERMITTED ACTIVITY, DURING AND OUTWITH LICENSED HOURS. ADD WORDING AT Q5 TO READ: “BACKGROUND MUSIC MAY BE PLAYED DURING AND OUTWITHCORE HOURS”. AMEND WORDING AT Q5(f) TO READ: “SALE OF OTHER GOODS CONSISTENT WITH THE BUSINESS OF A SUPERMARKET, INCLUDING OUTWITH CORE HOURS. HOME DELIVERIES, CLICK & COLLECT SERVICE, AND ON-LINE SALES MAY ALSO TAKE PLACE.” AMEND OFF-SALES CAPACITY TO 39.03676m2 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? N/A 6 (c) If it was refused give details of that previous application: Name of the Applicant: Date of the Board decision: Summarise the variation which was then requested: 6 (d) If there has been a Board decision to refuse in the one year before the date of lodging this application please state which of (1) or (2) you think applies and if (2) applies state what you think the material change of circumstances has been:- (1) At the time of the earlier refusal the Board directed that the bar would not apply to any subsequent application. Page 121 of 184
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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 123 of 184
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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? 39.03676 m2 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name ZACH OLIVER NICHOLS 8(b) Date of birth 8(c) Contact address Page 130 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/02/25 Application to Vary Premises Licence – Newmains Supersave, 6-8 Lynwood Road, Newmains ML2 9AB From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Newmains Supersave, 6-8 Lynwood Road, Newmains. 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. 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 attached Appendix 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 133 of 184
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 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 the attached Appendix, has been received in respect of the licensed premises at Newmains Supersave, 6-8 Lynwood Road, Newmains and is for an extension of the Off Sales hours to Monday to Sunday from 10 am until 10 pm. 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 Page 134 of 184
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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. 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. Page 135 of 184
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4. Supporting documentation Appendix Application to Vary Premises Licence – Newmains Supersave, 6-8 Lynwood Road, Newmains ML2 9AB Name Archie Aitken Title Clerk to the Licensing Board Page 136 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 137 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 138 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/02/25 Application to Vary Premises Licence – Gartcosh Works Social Club, Eastgate, Gartcosh G69 8AT From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Gartcosh Works Social Club, Eastgate, Gartcosh. 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. 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 attached Appendix 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 (8) Page 145 of 184
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 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 the attached Appendix, has been received in respect of the licensed premises at Gartcosh Works Social Club, Eastgate, Gartcosh and is for the following: 2.1.1 an amendment to layout plan to reflect that an area to the south of the main club building will be cordoned off to act as an extension to the main bar area and be classed as a beer garden; and 2.1.2 the addition of outdoor drinking facilities during core licensed hours only. 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. Page 146 of 184
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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. 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. Page 147 of 184
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3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation Appendix Application to Vary Premises Licence – Gartcosh Works Social Club, Eastgate, Gartcosh G69 8AT Name Archie Aitken Title Clerk to the Licensing Board Page 148 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 149 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 150 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/02/25 Application to Vary Premises Licence – Glasgow Stepps (M80/J3) P1, 2 Buchanan Gate Business Park, Cumbernauld Road, Stepps G33 6LE From Archie Aitken, Clerk to the Licensing Board E-mail aitkena@northlan.gov.uk Telephone 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Glasgow Stepps (M80/J3) P1, 2 Buchanan Gate Business Park, Cumbernauld Road, Stepps G33 6LE. In terms of section 30 of the Licensing (Scotland) Act 2005 (“the Act”) the application requires to be determined by the 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 attached Appendix 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 (9) Page 159 of 184
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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 the attached Appendix, has been received in respect of the licensed premises at Glasgow Stepps (M80/J3) P1, 2 Buchanan Gate Business Park, Cumbernauld Road, Stepps G33 6LE and is for the following: 2.1.1 a reduction in overall capacity from 532 m2 to 423 m2; 2.1.2 a reduction in Off Sale display area from 11.1 m2 to 2.34 m2; and 2.1.3 an increase in resident occupancy from 303 (101 rooms) to 348 (116 rooms). 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 Page 160 of 184
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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. 2.6 The Licensing Board is asked to note: Page 161 of 184
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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 Application to Vary Premises Licence – Glasgow Stepps (M80/J3) P1, 2 Buchanan Gate Business Park, Cumbernauld Road, Stepps G33 6LE Name Archie Aitken Title Clerk to the Licensing Board Page 162 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 163 of 184
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 164 of 184
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry Children and young persons of all ages (0 – 17 years). 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry For the purpose of being resident at all times. For the purpose of consumption of food and soft drink during core hours. For the purpose of watching televised sports until 10.30pm. Young persons require to be supervised by an adult after 10.00pm in the restaurant area and accompanied by an adult at all times when in the bar area. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Children and young persons will be permitted within the whole premises. Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? On Sales – 423 persons Off Sales –2.34m2 Residential Occupancy – 116 bedrooms at an average of 3 persons – 348 persons Page 177 of 184
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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 …………………………………… * (see note below) Date 16th December 2024………………………… Capacity …Solicitor for the Applicant……………. APPLICANT/AGENT (delete as appropriate). Telephone number and email address of signatory 0114 266 8664 – cgrunert@john-gaunt.co.uk * 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 179 of 184
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref AA/REB Date 28/03/25 Premises Licence Review Hearing – Bentley Hotel, 19 High Road, Motherwell - 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 28 February 2025, the Licensing Board determined that a further ground for review had been established in respect of the Bentley Hotel, 19 High Road, Motherwell and that it was considered appropriate for the purpose of the licensing objective of preventing crime and disorder, to suspend the premises licence, with immediate effect, for a further period of 28 days. The Licensing Board further determined that, should the annual premises licence fee remain unpaid, the premises licence holder be cited to attend the next meeting of the Licensing Board to be held on 28 March 2025 for the purposes of a further premises licence review proposal. 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 (10) Page 181 of 184
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2. Report 2.1 The Licensing Board, at its meeting held on 28 February 2025 determined that a further ground for review had been established in respect of the Bentley Hotel, 19 High Road, Motherwell and that it was considered appropriate for the purpose of the licensing objective of preventing crime and disorder, to suspend the premises licence, with immediate effect, for a further period of 28 days. The Licensing Board further determined that, should the annual premises licence fee remain unpaid, the premises licence holder be cited to attend the next meeting of the Licensing Board to be held on 28 March 2025 for the purposes of a further premises licence review proposal. 2.2 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 182 of 184
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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 been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Applicant may appeal the decision under the Licensing (Scotland) Act 2005. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Page 183 of 184
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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. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 184 of 184