Agenda Document Pack - Licensing Board - 27/06/2025
North Lanarkshire Council · 27 June 2025
Back to Licensing Board — 27 June 2025 and its agenda
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Clerk Name: Committee Services Clerk Telephone: Clerk Email: committee@northlan.gov.uk 18 June 2025 Members of the Licensing Board Chief Executive’s Office Rachel Blair 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, 27 June 2025 at 10:30 AM which you are requested to attend. The agenda of business is attached. Rachel Blair Chief Officer (Legal & Democratic) Members : S Coyle, Michael Joseph Coyle (Vice-Chair)K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 140
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Minute of Meeting of the Licensing Board - 30 May 2025 Submit Minute of Meeting of the Licensing Board held on 30 May 2025 5 - 8 3 Application for Provisional Premises Licence - Asda Express, Duncansfield Applicant: Gosschalks Over Provision Plans (copy to follow) 9 - 34 4 Application for Provisional Premises Licence - Asda Express, Craigneuk Applicant: Gosschalks Over Provision Plans (copy to follow) 35 - 60 5 Application to Vary Premises Licence - Brakes, Eurocentral Applicant: David McArthur 61 - 74 6 Application to Vary Premises Licence - Shell Old Inns, Cumbernauld Applicant: Lockett & Co 75 - 94 7 Application to Vary Premises Licence - Tannochside Miners Welfare, Uddingston Applicant: Robert Cassidy 95 - 106 8 Application for Occasional Licence - The Railway Inn, Chapelhall Applicant: John O'Malley 107 - 140 EXCLUSION OF PUBLIC The Sub-Committee 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 paragraph 3 and 6 of Part 1 of Schedule 7A of the Act". 9 Personal Licence Review Hearing Review of Personal Licence Holder - John Shilliday Page 3 of 140
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10 Personal Licence Review Hearing Review of Personal Licence Holder - Daniel Dobbin 11 Personal Licence Review Hearing Review of Personal Licence Holder - Nitin Sharma Page 4 of 140
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LICENSING BOARD – 30 MAY 2025 1 30 May 2025 at 10.30am A Meeting of the LICENSING BOARD PRESENT Councillor S. Coyle, Convener; Councillors Docherty, McLaren, McVey, Nolan, Robb, Thomas and Toner, CHAIR Councillor S. Coyle (Convener) presided. IN ATTENDANCE Chief Officer (Legal and Democratic) and Democratic Co-Ordinator. ALSO IN ATTENDANCE Licensing Standards Officers Constable Mike Duffy, Police Scotland Muhammad Ejaz, Applicant – in respect of paragraph three. Brian McMahon, McMahon Consultancy, Agent - in respect of paragraph 3, 6, and 8. Vikas Shawla, Applicant - in respect of paragraph four. Mr and Mrs Akmal, Applicant – in respect of paragraph five. Andrew Hunter, Harper Macleod LLP - Agent – in respect of paragraph five. Ifran Ahmed, Applicant - in respect of paragraph six. Kashif Din, Applicant – in respect of paragraph eight. Harvinver Bangar, Landlord – in respect of paragraph eight. Audrey Junner, Miller Samuel Hill Brown Solicitors, Agent for Objector - in respect of paragraph eight. Alan Terry, Objector – in respect of paragraph eight. Tracey Laird, Objector - in respect of paragraph eight. Robert Arthur, Objector - in respect of paragraph eight. Yvonne Reynolds, Objector - in respect of paragraph eight. APOLOGY Councillor M. Coyle DECLARATIONS OF INTEREST 1. Councillors McLaren, McVey, Robb and Thomas, by virtue of being Members of the Regulatory Committee, declared a connection amounting to a declarable interest in respect of Paragraph 11 “Personal Licence Review Hearing - Nitin Sharma” and left the meeting during consideration of the item. LICENSING BOARD MINUTE 2. There was submitted the Minute of the meeting of the Licencing Board held on 28 March 2025. Decided: that the terms of the Minute be approved. Item 2 Page 5 of 140
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LICENSING BOARD – 30 MAY 2025 2 APPLICATION TO VARY PREMISES LICENCE – DAY TO DAY 149/151 CUMBERNAULD ROAD, STEPPS, GLASGOW G33 6EY 3. There was submitted an application by Muhannad Ejaz to vary a Premises Licence in respect of the premises at 149/151, Cumbernauld Road, Stepps, Glasgow G33 6EY. The Board then heard from the applicant’s agent, Brian McMahon, McMahon Consultancy, speak in support of the application. Decided: that the application by Muhannad Ejaz to vary the Premises Licence at Day to Day, 149/151 Cumbernauld Road, Stepps, Glasgow G33 6EY be granted. APPLICATION TO VARY PREMISES LICENCE – RASA RESTAURANT, 1ST FLOOR, 68 MAIN STREET, CUMBERNAULD G67 2RX 4. There was submitted an application by Vikas Chawla to vary a Premises Licence in respect of the premises at Rasa Restaurant, 1st Floor, 68 Main Street, Cumbernauld G67 2RX. The Board heard from the Chief Officer (Legal and Democratic) intimate that that a letter had been received from the applicant’s solicitor which was circulated to the Members of the Licensing Board. The Board then heard from the applicant, Vikas Chawla, speak in support of the application. Decided: (1) that the application by Vikas Chawla to vary a Premises Licence in respect of premises at Rasa Restaurant, 1st Floor, 68 Main Street, Cumbernauld G67 2RX be granted for the undernoted: - (1.1) amend name of premises to Rasa Indian Restaurant; (1.2) amend the opening times for On Sale Licenced hours on a Sunday from 12.30pm to 11pm; and (2) that the application to vary the Premises Licence application to add Off Sale Licensed hours to the premises Licence, Monday to Sunday, 11am to 10pm be refused. The Chair exercised their discretion to vary the order of business, as hereinafter minuted. APPLICATION FOR PREMISES LICENCE – SPAR, 56 WESTWOOD ROAD, NEWMAINS ML2 9DQ 5. There was submitted an application by M Akmal, for a Premises License in respect of the premises at 56 Westwood Road, Newmains ML2 9DQ. The Board then heard from the applicant’s agent, Andrew Hunter, Harper Macleod LLP, speak in support of the application and confirm that the shop would trade under the name “Shop Smart” and not “Spar” as detailed within the application. Decided: that the application for a Premises Licence at 56 Westwood Road, Newmains ML2 9DQ be granted. Page 6 of 140
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LICENSING BOARD – 30 MAY 2025 3 APPLICATION TO VARY PREMISES LICENCE – 5/7 YARROW CRESCENT, COLTNESS, WISHAW ML2 7JX 6. There was submitted an application by applicant’s agent Brian McMahon from McMahon Consultancy, to vary a Premises License in respect of the premises at 5/7 Yarrow Crescent, Coltness, Wishaw ML2 7JX. The Board then heard from the applicant’s agent, Brian McMahon, McMahon Consultancy, speak in support of the application. Decided: that the application to vary a Premises Licence at 5/7 Yarrow Crescent, Coltness, Wishaw ML2 &JX be granted. APPLICATION TO VARY PREMISES LICENCE – 37 CLARK STREET, AIRDRIE ML6 6DH 7. The Chief Officer (Legal and Democratic) advised that the application would be determined at a future meeting of the Board. Decided: that the application to vary the Premises Licence to be deferred to the next meeting of the Board. APPLICATION FOR PROVISIONAL PREMISES LICENCE – ABERNETHYN STORES, 58-60 ABERNETHYN ROAD, BONKLE, NEWMAINS ML2 9NB 8. There was submitted: (1) an application by applicant’s agent Brian McMahon, McMahon Consultancy, for a Provisional Premises License in respect of the premises at Abernethyn Stores, 58-60 Abernethyn Road, Bonkle, Newmains ML2 9NB, and (2) 17 objections to the application which had been received. The Board heard from the Chief Officer (Legal and Democratic) intimate that an objection had been received which was omitted from the agenda pack. The objection was circulated to the Applicant and Members of the Board. The Board then heard from the Applicant’s agent, Brian McMahon, McMahon Consultancy speak in support of the application. In response to a question from an objector regarding the safety of the premises at 58-60 Abernethyn Road, Bonkle, the Board agreed to hear from Mr Banga, landlord of the premises, who confirmed the safety of the structure of the property. Audrey Junner, Miller Samuel Hill Brown Solicitors; Alan Terry; Tracey Laird; Robert Arthur, and Yvonne Reynolds were heard in objection to the application and the detrimental impact that it would have on the local community. Decided: that application for a Provisional Licence at Abernethyn Stores, 58-60 Abernethyn Road, Bonkle, Newmains ML2 9NB be refused as the application would otherwise be inconsistent with the following licensing objectives: (1) Securing public safety; (2) Preventing public nuisance; and (3) Protecting and improving public health. The applicant’s agent requested a statement of reasons to be provided on the refusal to grant the application. Page 7 of 140
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LICENSING BOARD – 30 MAY 2025 4 APPLICATION FOR PROVISIONAL PREMISES LICENCE – 1 MYRTLE ROAD, VIEWPARK, UDDINGSTON G67 5JF 9. The Chief Officer (Legal and Democratic) advised that the application would be determined at a future meeting of the Board. Decided: that the application for a Provisional Premises Licence to be deferred to the next meeting of the Board. 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 items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. PERSONAL LICENCE REVIEW HEARING – DANIEL DOBBIN 10. The Chief Officer (Legal and Democratic) advised that the application would be determined at a future meeting of the Board. Decided: that the Personal Licence Review Hearing to be deferred to the next meeting of the Board. Prior to consideration of the following item of business Councillors McLaren, McVey, Robb and Thomas having declared a connection amounting to a declarable interest, by virtue of being a Members of the Regulatory Committee, left the meeting during consideration of the item. PERSONAL LICENCE REVIEW HEARING – NITIN SHARMA 11. The Chief Officer (Legal and Democratic) advised that the application would be determined at a future meeting of the Board. Decided: that the Personal Licence Review Hearing to be deferred to the next meeting of the Board. Page 8 of 140
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 27/06/25 Application for Provisional Premises Licence – Asda Express Duncansfield, Kilsyth G65 9AE From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary The purpose of this Report is to present an application for a provisional premises licence under sections 20 and 45 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 3 Page 9 of 140
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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 Duncansfield, 3 Glasgow Road, Kilsyth G65 9AE. 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 of the report. 2. Report 2.1 A provisional premises licence application, as detailed in Appendix 1, has been received from Gosschalks LLP in respect of premises at Duncansfield, 3 Glasgow Road, Kilsyth G65 9AE and is a convenience store forming part of a petrol filling station with customer café facilities 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) 2.1.2 The premises may play low level of music during hours of trade. Other activities proposed to take place on the premises include home deliveries to fulfil alcohol orders placed online. 2.1.3 Off sales capacity 34.24m². 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). Page 10 of 140
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2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, 2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 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 Page 11 of 140
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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. 2.6.2 that following all necessary and appropriate consultation, one formal objection from NHS Lanarkshire and a comment from Building Standards has been received, a copy of which is attached as Appendix 2 to the report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application for Provisional Premises Licence – Asda Express, Duncansfield, 3 Glasgow Road, Kilsyth G65 9AE. 4.2 Appendix 2 - Formal objection from NHS Lanarkshire and comment raised from Building Standards. Name Rachel Blair Title Clerk to the Licensing Board Page 12 of 140
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 13 of 140
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 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 14 of 140
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SCHEDULE 3 Regulation 4(1) APPLICATION FOR PROVISIONAL PREMISES LICENCE* *Delete as appropriate Licensing (Scotland) Act 2005, Section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, Section 20(1) Question 1 Name, address and postcode of premises to be licensed. ASDA EXPRESS PFS DUNCANSFIELD 3 GLASGOW ROAD GLASGOW G65 9AE 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. Appendix 1 Page 15 of 140
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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. ASDA EXPRESS LTD ASDA HOUSE, SOUTHBANK GREAT WILSON STREET LEEDS LS11 5AD COMPANY NO; 04246196 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. * PLEASE SEE ATTACHED *Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005 Page 16 of 140
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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 17 of 140
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4 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 / PETROL FILLING STATION 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 ................................................... Capacity SOLICIORS FOR THE APPLICANTS AGENT (delete as appropriate) Telephone number and e-mail address of signatory 5TH MARCH 2025 Page 18 of 140
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5 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 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 19 of 140
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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 20 of 140
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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) XXX Page 21 of 140
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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? 1(b) Will alcohol be sold for consumption solely OFF the premises? 1(c) Will alcohol be sold for consumption both ON and OFF the premises? 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 N/A N/A Wednesday N/A N/A Thursday N/A N/A Friday N/A N/A Saturday N/A N/A Sunday N/A N/A Question 3 Statement of core times when alcohol will be sold for consumption off premises Day Off Consumption Opening time Terminal hour Monday 10.00 22.00 Tuesday 10.00 22.00 Wednesday 10.00 22.00 Thursday 10.00 22.00 Friday 10.00 22.00 Saturday 10.00 22.00 Sunday 10.00 22.00 Question 4 Seasonal variations Does the applicant intend to operate according to seasonal demand? *If yes – provide details Question 5 Please indicate the other activities or services that will be provided on the premises in addition to supply of alcohol. Yes No x Yes x No Yes No x Yes No x Page 25 of 140
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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 YES YES YES 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 Films YES YES YES Gaming NO NO Indoor/outdoor sports NO NO NO Televised sport 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. RECORDED BACKGROUND MUSIC MAY BE PLAYED WITHIN THE STORE. SCREENS WITHIN THE PREMISES MAY DISPLAY MOVING IMAGES. THE STORE WILL OPERATE WITH CAFÉ FACILITIES. NO Page 26 of 140
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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 IS A CONVENIENCE STORE FORMING PART OF A PETROL FILLING STATION WITH CUSTOMER CAFÉ FACILITIES. IT WILL SELL A RANGE OF HOUSEHOLD GOODS, GROCERIES, MOTORING ACCESSORIES AND FUEL. ALCOHOL DELIVERIES MAY BE FULFILLED EITHER BY THE PREMISES LICENCE HOLDER’S EMPLOYEES OR A THIRD PARTY TO FULFILL ORDERS PLACED ONLINE 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? When fully occupied, are there likely to be more customers standing than seated? 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 6(b) Where the answer to 6(a) is yes provide statement of the terms under which they will be allowed entry N/A 6(c) Provide statement regarding the ages of children or young persons to be allowed entry N/A 6(d) Provide statement regarding the times during which children and young persons will be allowed entry N/A 6(e) Provide statement regarding the parts of the premises to which children and young persons will be allowed entry N/A Question 7 Capacity of premises What is the proposed capacity of the premises to which this application relates? CAPACITY – ALCOHOL DISPLAY FRONTAGE 34.24M2 Yes No Yes No Yes No Page 27 of 140
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Date: 14 May 2025 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR PROVISIONAL PREMISES LICENCE PREMISES: ASDA Express Duncansfield, Kilsyth G65 9AE Thank you for notification of the above application. We have considered this application and are concerned about the alcohol provision and harms in this area and specifically about how off sales and home delivery of alcohol may contribute to these harms. As noted by the World Health Organisationi, one of the most effective options for reducing alcohol harms is to restrict the availability of retailed alcoholii and data suggests purchasing alcohol from off-sales is a main factor in driving alcohol harms from unregulated consumption due to the high volume of alcohol sold via off sales compared to on sales.iii Based on the most recently published data availableiv, the intermediate datazone of Kilsyth Bogside already has a high provision of alcohol off sales outlets and is in the highest 20% for off sales density in Scotland (based on the number of outlets per 1000 population). Previous research evidence, using North Lanarkshire data, suggests a relationship between alcohol outlet density within an area and alcohol related health harm, even when other possible explanatory factors, such as age, sex, urban/rural status and levels of income deprivation, had been taken into account.v Across Scotland and North Lanarkshire 20% of the adult population self-report as drinking alcohol to hazardous or harmful levels.vi The alcohol related hospital admissions in North locality used to be significantly lower than the Scottish average however, as can been seen in Figure 1, the rate of admissions increased over time and are now at a similar rate to Scotland as a whole. Figure 1 outlines the rate of alcohol related hospital admissions, per 100,000 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 30 of 140
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population, for the Kilsyth Bogside intermediate datazone, North locality, and, Scotland as a whole. For the most recent year, these rates are Kilsyth Bogside 703.7 (CI 434.3-1074.7), North locality 534.7 (CI 487.1-585.8) and Scotland 548.5 (CI 542.2- 554.8).vii Figure 1 Alcohol related hospital admissions There is increasing concern over the rise in alcohol delivery services since the pandemic. A recent UK study by Alcohol Change UK into alcohol deliveries noted that almost half of people ordering alcohol for delivery were drinking more than the low risk drinking guidelines, compared to 20-30% of the wider population self-reported consumption rates. Over a third of those in the study stated they had only ever ordered for delivery because they had run out of alcohol and wanted to continue drinking and over half of this cohort said they would have stopped if the delivery service hadn’t been available.viii We are also concerned about how delivery services may increase accessibility of alcohol to children and young people. A small Scottish study conducted in 2022 by Alcohol Focus Scotland found 20% of young people under 18 surveyed had tried to purchase alcohol online and of these 57% were not asked for proof of age when the alcohol was delivered with a further 19% unsure if they were asked.ix There have been similar findings from larger studies across the UK.x We note also, that alcohol deliveries may also be fulfilled by a third party and would ask what guarantees are in place to prevent children and young people from receiving these orders, from the third party provider. In conclusion, we suggest that this application is situated in an area of high concern in relation to availability of alcohol and alcohol related harm and, given the research Page 31 of 140
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xiii Anderson, P. et al. (2009). Impact of Alcohol Advertising and Media Exposure on Adolescent Alcohol Use: A Systematic Review of Longitudinal Studies. Alcohol and Alcoholism, 44(3), 229-43) Page 33 of 140
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North Lanarkshire Council Report Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 27/06/25 Application for Provisional Premises Licence – Asda Express, Unit 2A Flemington Industrial Park, Craigneuk ML1 2NT From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary The purpose of this Report is to present an application for a provisional premises licence under sections 20 and 45 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 140
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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 Unit 2A Flemington Industrial Park, Craigneuk ML1 2NT. 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 of the report. 2. Report 2.1 A provisional premises licence application, as detailed in Appendix 1, has been received from Gosschalks LLP in respect of premises at Unit 2A Flemington Industrial Park, Craigneuk ML1 2NT and is a convenience store forming part of a petrol filling station with customer café facilities 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). 2.1.2 The premises may play low level of music during hours of trade. Other activities proposed to take place on the premises include home deliveries to fulfil alcohol orders placed online. 2.1.3 Off sales capacity 36.52m². 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). Page 36 of 140
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2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, 2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 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 Page 37 of 140
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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. 2.6.2 that following all necessary and appropriate consultation, one formal objection from NHS Lanarkshire and one representation from Planning has been received, a copy of which is attached as Appendix 2 to the report. 3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation 4.1 Appendix 1 - Application for Provisional Premises Licence – Asda Express, Unit 2A Flemington Industrial Park, Craigneuk ML1 2NT. 4.2 Appendix 2 - Formal objection from NHS Lanarkshire and representation made by Planning. Name Rachel Blair Title Clerk to the Licensing Board Page 38 of 140
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 39 of 140
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 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 140
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SCHEDULE 3 Regulation 4(1) APPLICATION FOR PROVISIONAL PREMISES LICENCE* *Delete as appropriate Licensing (Scotland) Act 2005, Section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, Section 20(1) Question 1 Name, address and postcode of premises to be licensed. ASDA EXPRESS PFS MOTHERWELL FLEMINGTON INDUSTRIAL PARK A721 MOTHERWELL ML1 2NT 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. PLEASE SEE ATTACHED Appendix 1 Page 41 of 140
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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. ASDA EXPRESS LTD ASDA HOUSE SOUTHBANK GREAT WILSON STREET LEEDS LS11 8AD CO NO; 04246195 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 42 of 140
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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 43 of 140
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5 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 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. X X X Page 45 of 140
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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? 1(b) Will alcohol be sold for consumption solely OFF the premises? 1(c) Will alcohol be sold for consumption both ON and OFF the premises? 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 N/A N/A Wednesday N/A N/A Thursday N/A N/A Friday N/A N/A Saturday N/A N/A Sunday N/A N/A Question 3 Statement of core times when alcohol will be sold for consumption off premises Day Off Consumption Opening time Terminal hour Monday 10.00 22.00 Tuesday 10.00 22.00 Wednesday 10.00 22.00 Thursday 10.00 22.00 Friday 10.00 22.00 Saturday 10.00 22.00 Sunday 10.00 22.00 Question 4 Seasonal variations Does the applicant intend to operate according to seasonal demand? *If yes – provide details Yes No x Yes x No Yes No x Yes No x Page 49 of 140
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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 Films YES YES YES Gaming 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. RECORDED BACKGROUND MUSIC MAY BE PLAYED WITHIN THE STORE. SCREENS WITHIN THE PREMISES MAY DISPLAY MOVING IMAGES. Page 50 of 140
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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 IS A CONVENIENCE STORE FORMING PART OF A PETROL FILLING STATION. IT WILL SELL A RANGE OF HOUSEHOLD GOODS, GROCERIES, MOTORING ACCESSORIES AND FUEL. ALCOHOL DELIVERIES MAY BE FULFILLED EITHER BY THE PREMISES LICENCE HOLDER’S EMPLOYEES OR A THIRD PARTY TO FULFILL ORDERS PLACED ONLINE 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? When fully occupied, are there likely to be more customers standing than seated? 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 6(b) Where the answer to 6(a) is yes provide statement of the terms under which they will be allowed entry N/A 6(c) Provide statement regarding the ages of children or young persons to be allowed entry N/A 6(d) Provide statement regarding the times during which children and young persons will be allowed entry N/A 6(e) Provide statement regarding the parts of the premises to which children and young persons will be allowed entry N/A Yes No Yes No Yes No Page 51 of 140
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LICENSING (SCOTLAND) ACT 2005 Planning Certificate under Section 50 Certificate as to the suitability of the above premises or proposed premises for grant or provisional grant of new licence is sought, in relation to Planning Control. ON BEHALF OF NORTH LANARKSHIRE COUNCIL, I HEREBY CERTIFY: a) Planning permission under the Town and Country Planning (Scotland) Act 1997 was granted as follows: Development: Roadside Services Address or Location of the Development: Asda Express Motherwell PFS, Flemington Industrial Park, A721, Motherwell, ML1 2NT Name of Applicant: Asda Express Ltd Name and Address of Agent: Gosschalk LLP, Queens Gardens, Hull, HU1 3DZ Date of Grant of Planning Permission: 02nd September 2020 Application Number: 19/00731/FUL Type of Licence Requested: Premises License Date of Application for Certificate: 13th March 2025 Plan number (If Appropriate): N/A Any Onerous Conditions None Head of Planning and Development, North Lanarkshire Council, Civic Centre Windmillhill Street Motherwell ML1 1AB Signature of Officer of Authority Graeme Lee _______________________ Planning Manager (Development Management) Date: 14th March 2025 Page 54 of 140
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Date: 21 May 2025 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR PROVISIONAL PREMISES LICENCE PREMISES: ASDA Express Motherwell ML1 2NT Thank you for notification of the above application. We have considered this application and are concerned about the alcohol provision and harms in this area and specifically about how off sales and home delivery of alcohol may contribute to these harms. As noted by the World Health Organisationi, one of the most effective options for reducing alcohol harms is to restrict the availability of retailed alcoholii and data suggests purchasing alcohol from off-sales is a main factor in driving alcohol harms from unregulated consumption due to the high volume of alcohol sold via off sales compared to on sales.iii Based on the most recently published data availableiv, this area sits beside the intermediate datazone of Craigneuk Wishaw which already has a high provision of alcohol off sales outlets and is in the highest 20% for off sales density in Scotland (based on the number of outlets per 1000 population). In close vicinity to these premises, there is a ‘Shop Local’ 2 min drive and 10 min walk away, a Tesco Express 4 min drive and 17 min walk, Costcutter store 3 min drive and 17 min walk as well as a range of other alcohol sales outlets, which would suggest the area is already well catered for in relation to off-sales and deliveries. Previous research evidence, using North Lanarkshire data, suggests a relationship between alcohol outlet density within an area and alcohol related health harm, even when other possible explanatory factors, such as age, sex, urban/rural status and levels of income deprivation, had been taken into account.v Across Scotland and North Lanarkshire 20% of the adult population self-report as drinking alcohol to hazardous or harmful levels.vi 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 Appendix 2 Page 55 of 140
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The alcohol related hospital admissions in Craigneuk Wishaw are amongst the worst in Lanarkshire, and have been significantly higher than both the Scottish and the Wishaw locality as a whole. Figure 1 outlines the rate of alcohol related hospital admissions, per 100,000 population, for the Craigneuk intermediate datazone, Wishaw locality, and, Scotland as a whole. For the most recent year, these rates are Craigneuk 986.8 (CI 705.4-1341.1), Wishaw locality 623.7 (CI 557.3 - 695.8) and Scotland 548.5 (CI 542.2-554.8).vii Figure 1 Alcohol related hospital admissions There is increasing concern over the rise in alcohol delivery services since the pandemic. A recent UK study by Alcohol Change UK into alcohol deliveries noted that almost half of people ordering alcohol for delivery were drinking more than the low risk drinking guidelines, compared to 20-30% of the wider population self-reported consumption rates. Over a third of those in the study stated they had only ever ordered for delivery because they had run out of alcohol and wanted to continue drinking and over half of this cohort said they would have stopped if the delivery service hadn’t been available.viii We are also concerned about how delivery services may increase accessibility of alcohol to children and young people. A small Scottish study conducted in 2022 by Alcohol Focus Scotland found 20% of young people under 18 surveyed had tried to purchase alcohol online and of these 57% were not asked for proof of age when the alcohol was delivered with a further 19% unsure if they were asked.ix There have been similar findings from larger studies across the UK.x We note also, that alcohol deliveries may also be fulfilled by a third party and would ask what guarantees are in place to prevent children and young people from receiving these orders, from the third party provider. Page 56 of 140
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xi Sargent, J. D. & Babor, T. F. (2020). The relationship between exposure to alcohol marketing and underage drinking is causal. Journal of Studies on Alcohol and Drugs, Supplement, (s19), 113-124 xiiJernigan, D. et al. (2016). Alcohol Marketing and Youth Consumption: A Systematic Review of Longitudinal Studies Published Since 2008. Addiction, 112, 7–20) xiii Anderson, P. et al. (2009). Impact of Alcohol Advertising and Media Exposure on Adolescent Alcohol Use: A Systematic Review of Longitudinal Studies. Alcohol and Alcoholism, 44(3), 229-43) Page 58 of 140
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Enterprise and Place Lorna Bowden Planning and Place Manager Civic Centre Windmillhill Street Motherwell, ML1 1AB www.northlanarkshire.gov.uk Our Ref: Your Ref: Contact: Sean Rae Tel: 01236 632500 E-mail: ESPlanning@northlan.gov.uk Date: 6 May 2025 Planning Report Licensing (Scotland) Act 2005 Application for: Provisional Premises Application Applicant name : Asda Express Premises name and address : Asda Express PFS Motherwell Comments :- I have the following representation to make in respect of the above application. The following conditions should be noted: • That unless otherwise agreed in writing with the Planning Authority deliveries (including fuel tanker deliveries) to the site shall be restricted to 08:00 to 20:00 daily Monday to Sunday only, unless otherwise agreed in writing by the Planning Authority. • To safeguard the amenity of the adjoining residential area. • Loading bays as indicated on the approved drawings should be always utilised when deliveries are being offloaded at the site. • the interests of vehicular and pedestrian safety. Officer : Sean Rae Page 59 of 140
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 62 of 140
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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 4.1 Appendix 1 - Application to Vary Premises Licence – Brakes (Eurocentral), 403 Edinburgh Road, Newhouse ML1 5GH. 4.2 Appendix 2 - Representation received from Building Standards. Name Rachel Blair Title Clerk to the Licensing Board Page 64 of 140
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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 65 of 140
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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 66 of 140
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North Lanarkshire Council Report Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 27/06/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 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 1.5 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 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ. In terms 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. Licensing Board Application to Vary Premises Licence – Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ Item 6 Page 75 of 140
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 76 of 140
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been received from Lockett and Co in respect of premises at Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ and is for the following: 2.1.1 An amendment to the layout and operating plan to increase the total off sales alcohol capacity due to a refurbishment of the Premises. As a result of the refurbishment, the overall alcohol capacity and layout has changed. The total Off Sales capacity will increase from 3.69m² to 7.92m². 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 that following all necessary and appropriate consultation, no objections or representations were received. 2.2.2 The Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix 1 to the report. Page 77 of 140
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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 4.1 Appendix 1 - Application to Vary Premises Licence – Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ. Name Rachel Blair Title Clerk to the Licensing Board Page 78 of 140
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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 79 of 140
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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 80 of 140
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Minor Variation (change of premises manager including any other minor variation) £31.00 Minor Variation or Variations £20.00 Non Minor Variation £160.00 NORTH LANARKSHIRE LICENSING BOARD APPLICATION TO VARY PREMISES LICENCE LICENSING (SCOTLAND) 2005 - SECTION 29 Question 1 1(a) Name, address and postcode of licensed premises. SHELL OLD INNS A80 WARDPARK/CASTLECARY ROAD CUMBERNAULD G68 0HQ 1(b) Premises Licence Reference Number. 846 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. N/A Appendix 1 Page 81 of 140
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2(b) Where licence holder is a partnership, please provide full name and postal address of partnership. N/A 2(c) Where licence holder is a company, please provide name, registered office and company registration number. SHELL UK OIL PRODUCTS LIMITED SHELL CENTRE LONDON SE1 7NA REG. NO.: 3625633 2(d) Where the licence holder is a club or other body, please provide full name and postal address of club or other body. N/A Question 3 3 (a) Is the variation to substitute another person as the premises manager? YES/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. N/A 3 (b) Do you wish the application to have immediate effect? YES/NO N/A Page 82 of 140
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Question 4 4 (a) Is the variation to the layout plan? YES/NO 4 (b) If YES please (1) attach seven sets of plans showing the proposed new layout of the premises; and (2) describe the variation to the plan. INCREASE IN THE TOTAL OFF SALES ALCOHOL CAPACITY DETAILED IN THE OPERATING PLAN DUE TO AN INTERNAL REFURBISHMENT OF THE PREMISES. AS A RESULT OF THE REFURBISHMENT, THE OVERALL ALCOHOL CAPACITY AND LAYOUT HAS CHANGED. THE TOTAL OFF SALES CAPACITY HAS INCREASED FROM 3.693M2 TO 7.92M2. Question 5 Describe other variation(s) sought N/A 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)? YES/NO If “NO” go the question 7. 6 (b) If “YES” was that previous application refused? YES/NO 6 (c) If it was refused give details of that previous application: Name of the Applicant: Date of the Board decision: Summarise the variation which was then requested: 6 (d) If there has been a Board decision to refuse in the one year before the date of lodging this application please state which of (1) or (2) you think applies and if (2) applies state what you think the material change of circumstances has been:- (1) At the time of the earlier refusal the Board directed that the bar would not apply to any subsequent application. Page 83 of 140
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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 85 of 140
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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? YES/NO* 1(b) Will alcohol be sold for consumption solely OFF the premises? YES/NO* 1(c) Will alcohol be sold for consumption both ON and OFF the premises? YES/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 N/A N/A Wednesday N/A N/A Thursday N/A N/A Friday N/A N/A Saturday N/A N/A Sunday N/A N/A Page 86 of 140
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2 Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Day OFF Consumption Opening Time Terminal hour Monday 10:00 22:00 Tuesday 10:00 22:00 Wednesday 10:00 22:00 Thursday 10:00 22:00 Friday 10:00 22:00 Saturday 10:00 22:00 Sunday 10:00 22:00 Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES/NO If YES – provide details N/A Page 87 of 140
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3 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) NO NO NO Live performances see 5(g). NO NO NO Page 88 of 140
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4 Dance Facilities NO NO NO Theatre NO NO NO 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. N/A 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 CONVENIENCE STORE WILL OPERATE OUTWITH AND DURING CORE HOURS SELLING CONFECTIONERY, GROCERIES, DRINKS, TOBACCO, SANDWICHES ETC. Page 89 of 140
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5 5(g) Late night premises opening after 1.00 a.m. 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* N/A *(delete as appropriate) 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? YES/NO* 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 N/A 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry. N/A 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry. N/A 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry. N/A Page 90 of 140
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6 Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? OFF SALES – 7.92 M2 Question 8 PREMISES MANAGER (Note: not required where application is for grant of provisional premises licence) Personal details 8(a) Name JOAN BLACK 8(b) Date of Birth 6 AUGUST 1961 8(c) Contact Address 17 CASTLEVIEW CASTLECARY CUMBERNAULD G68 0HB 8(d) Email address N/A Page 91 of 140
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North Lanarkshire Council Report Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 27/06/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 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 1.5 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 1. Background 1.1 The Licensing Board has received an application for a non-minor variation in respect of the licensed premises at Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ. In terms 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. Licensing Board Application to Vary Premises Licence – Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ Item 7 Page 95 of 140
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1.2 The Act provides that a variation, in relation to a Premises Licence, means any variation of: 1.2.1 any of the conditions to which the licence is subject (other than the Statutory Conditions); 1.2.2 any of the information contained in the operating plan contained in the licence; 1.2.3 the layout plan contained in the licence; or 1.2.4 any other information contained or referred to in the licence, and includes an addition, deletion or modification. 1.3 If the variation sought is a minor variation, then the variation must be granted, and powers have been delegated to the Clerk to approve these minor variation applications. Minor variations are: 1.3.1 any variation of the layout plan, if the variation does not result in an inconsistency with the operating plan; 1.3.2 where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises; 1.3.3 any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager); and 1.3.4 any other variation of such description as may be prescribed. 1.4 Section 30 of the Act provides that if the variation(s) being sought are not minor, the Licensing Board must hold a hearing to determine the application. The Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 1.4.1 if none of them apply, the Licensing Board must grant the application, or 1.4.2 if any of them apply, the Licensing Board must refuse the application. 1.5 The grounds for refusal are: 1.5.1 that the application must be refused under Section 32(2) of the Act (the Licensing Board had previously refused an application for the same variation of the premises licence within the preceding one year), Section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period), or Section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both); 1.5.2 that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, 1.5.3 that having regard to: 1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; Page 96 of 140
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1.5.3.2 the location, character and condition of the premises; and 1.5.3.3 the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation, 1.5.4 that, the Licensing Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the proposed variation), in the locality. 1.6 Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. 1.7 Where the Licensing Board refuses the application, the Licensing Board must specify the ground for refusal and if the ground relates to a licensing objective, the Licensing Board must specify the objective or objectives in question. 1.7.1 The licensing objectives are: 1.7.1.1 preventing crime and disorder, 1.7.1.2 securing public safety, 1.7.1.3 preventing public nuisance, 1.7.1.4 protecting and improving public health, and 1.7.1.5 protecting children and young persons from harm. 2. Report 2.1 A non-minor variation application, as detailed in Appendix 1 of the report, has been received from Robert Cassidy in respect of premises at Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ and is for the following: 2.1.1 An amendment to the operating plan to include the provision of food between 9am-8pm. 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 that following all necessary and appropriate consultation, no formal objections or representations were received. 2.2.2 The Licensing Board is asked to consider and determine the application to vary the premises licence as detailed in the attached Appendix 1 to the report. Page 97 of 140
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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 4.1 Appendix 1 - Application to Vary Premises Licence – Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ. Name Rachel Blair Title Clerk to the Licensing Board Page 98 of 140
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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 99 of 140
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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 100 of 140
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North Lanarkshire Council R rt • Licensing Board Does this report require to be approved? Ref REB/CJ Date D Yes IZI No 27/06/25 Application for Occasional Licences - The Railway Inn, 96 Lauchope Street, Chapelhall From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary This report relates to a hearing under section 59(4) of the Licensing (Scotland) Act 2005 for the consideration of an application for occasional licences. This is a hearing which the Licensing Board is entitled to hold following receipt of a report from a Licensing Standards Officer in terms of section 57(3) with comments on the application. Recommendations It is recommended that the Licensing Board: 1. Considers the comments of the Licensing Standards Officer; and 2. Determine whether to grant or refuse the application. 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 1. Background 1.1 Four Occasional Licences were granted for the Railway Inn covering the period 30 May - 24 July 2025. An application for three further Occasional Licences has been received from the Railway Inn for the following dates: 8 August- 21 August 2025 22 August - 4 September 2025 5 September - 18 September 2025 1.2 The Licensing Board provided notice of these applications to local Elected Members, the Chief Constable Police Scotland and North Lanarkshire Licensing Standards Officers. It was also put out to public consultation via the North Lanarkshire Council website with objections received. Item 8 Page 107 of 140
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1.3 The Licensing Standards Officer has also provided a report commenting on the application in terms of section 57(3) of the Licensing (Scotland) Act 2005. 1.4 In terms of section 56(6B) and (6C) of the Licensing (Scotland) Act 2005 regulations may be made which can - 1.4.1 limit the number of occasional licences that may have effect in respect of— 1.4.2 the same applicant, or 1.4.3 the same premises, in any period of 12 months No such regulations have yet been made and there is present no statutory limit on the number of occasional licences which can be applied for. 1.5 Notwithstanding the absence of a statutory limit on the number of occasional licences that may be granted, North Lanarkshire Council Licensing Board’s current statement of licensing policy provides at para 12.1 that:- “If the board receives a number of applications for occasional licences relating to the same premises from the same applicant it will expect the applicant to consider whether an application should be made for a premises licence.” As there is already an existing premises licence in place, Members may wish to consider whether an application ought to be made for a non-minor variation ought to be made to enable full consultation and scrutiny of the proposed area for outdoor drinking on Lauchope Street, Chapelhall. 2. Report 2.1 At the hearing the Board may, after giving the licence holder and the Licensing Standards Officer an opportunity to be heard, grant or refuse the application. 2.2 The grounds of efusal are – 2.2.1 that the premis s to which the application relates are excluded premises; 2.2.2 that the application must be refused under section 56(6A) exceeding the occasional licence limit, 64(2) 24 hour licence or 65(3) off sales before 10am or after 10pm; 2.2.3 that the Licensing Board considers the granting of the application would be inconsistent with one or more of the licensing objectives; 2.2.4 that, having regard to— 2.2.4.1 the nature of the activities proposed to be carried on in the premises to which the application relates; 2.2.4.2 the location, character and condition of the premises; and 2.2.4.3 the persons likely to frequent the premises; the Board considers that the premises are unsuitable for use for the sale of alcohol. Page 108 of 140
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2.3 For the purposes of the Act, the licensing objectives are- 2.3.1 preventing crime and disorder, 2.3.2 securing public safety, 2.3.3 preventing public nuisance, 2.3.4 protecting and improving public health, and 2.3.5 protecting children and young persons from harm. 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 Occasional Licences Appendix 2 – Licensing Standards Officer’s s.57(3) Report Appendix 3 – Objections received Name Rachel Blair Title Clerk to the Licensing Board Page 109 of 140
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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 iscussed 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 r levant 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? Page 110 of 140
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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 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? There is a risk of legal challenge to decisio s that are made by the Board but this is mitigated by the presence of a lega advisor at the hearing and appropriate legal advice. 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 thei 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 111 of 140
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4 NOTES: 1. Section 56 of the Licensing (Scotland) Act 2005 provides that only: The holder of a premises licence; The holder of a personal licence; A representative of any voluntary organisation is eligible to apply for an occasional licence. If you are a personal licence holder and your licence has been granted by another authority other than North Lanarkshire please provide a copy of your personal licence document with this application. If you represent a voluntary organisation and you are applying for the first time for an occasional licence please produce evidence of your organisation namely (a) a list of the full names, addresses and date of birth for all members of the committee of the organisation; a copy of the constitution relating to the organisation or if not available a copy of a previous minute of a meeting of the committee; the name and address of the organisations bank details including account number. 2. Description of the premises. Please include a full description of the event to be carried out in the premises for which the licence is sought. Include the name, address and telephone number of the originator of the event i.e. the details of the person(s) who has asked you to provide a liquor licence for the event/function. 3. Duration of Licence. This is the date(s) the event/function is to take place on. PLEASE NOTE APPLICATIONS MUST BE SUBMITTED AT LEAST 6 WEEKS BEFORE THE DATE OF THE EVENT/FUNCTION. 4. Where alcohol is to be sold for consumption on the premises, the Act requires that a clear statement be made as to whether children or young persons are to be allowed entry, and if they are, a statement of the terms on which they are allowed entry. In terms of the Act Children are defined as under 16 and Young Persons are aged 16 or 17 years. 5. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk 6. Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament http://opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Completed forms should be submitted to: Clerk to the Licensing Board Civic Centre Windmillhill Street Motherwell ML1 1AB or by email to LicensingBoard@northlan.gov.uk Payment can be made by credit/debit card. A member of the team will call you to take payment on receipt of the application. Page 115 of 140
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4 NOTES: 1. Section 56 of the Licensing (Scotland) Act 2005 provides that only: The holder of a premises licence; The holder of a personal licence; A representative of any voluntary organisation is eligible to apply for an occasional licence. If you are a personal licence holder and your licence has been granted by another authority other than North Lanarkshire please provide a copy of your personal licence document with this application. If you represent a voluntary organisation and you are applying for the first time for an occasional licence please produce evidence of your organisation namely (a) a list of the full names, addresses and date of birth for all members of the committee of the organisation; a copy of the constitution relating to the organisation or if not available a copy of a previous minute of a meeting of the committee; the name and address of the organisations bank details including account number. 2. Description of the premises. Please include a full description of the event to be carried out in the premises for which the licence is sought. Include the name, address and telephone number of the originator of the event i.e. the details of the person(s) who has asked you to provide a liquor licence for the event/function. 3. Duration of Licence. This is the date(s) the event/function is to take place on. PLEASE NOTE APPLICATIONS MUST BE SUBMITTED AT LEAST 6 WEEKS BEFORE THE DATE OF THE EVENT/FUNCTION. 4. Where alcohol is to be sold for consumption on the premises, the Act requires that a clear statement be made as to whether children or young persons are to be allowed entry, and if they are, a statement of the terms on which they are allowed entry. In terms of the Act Children are defined as under 16 and Young Persons are aged 16 or 17 years. 5. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk 6. Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament http://opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Completed forms should be submitted to: Clerk to the Licensing Board Civic Centre Windmillhill Street Motherwell ML1 1AB or by email to LicensingBoard@northlan.gov.uk Payment can be made by credit/debit card. A member of the team will call you to take payment on receipt of the application. Page 119 of 140
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4 NOTES: 1. Section 56 of the Licensing (Scotland) Act 2005 provides that only: The holder of a premises licence; The holder of a personal licence; A representative of any voluntary organisation is eligible to apply for an occasional licence. If you are a personal licence holder and your licence has been granted by another authority other than North Lanarkshire please provide a copy of your personal licence document with this application. If you represent a voluntary organisation and you are applying for the first time for an occasional licence please produce evidence of your organisation namely (a) a list of the full names, addresses and date of birth for all members of the committee of the organisation; a copy of the constitution relating to the organisation or if not available a copy of a previous minute of a meeting of the committee; the name and address of the organisations bank details including account number. 2. Description of the premises. Please include a full description of the event to be carried out in the premises for which the licence is sought. Include the name, address and telephone number of the originator of the event i.e. the details of the person(s) who has asked you to provide a liquor licence for the event/function. 3. Duration of Licence. This is the date(s) the event/function is to take place on. PLEASE NOTE APPLICATIONS MUST BE SUBMITTED AT LEAST 6 WEEKS BEFORE THE DATE OF THE EVENT/FUNCTION. 4. Where alcohol is to be sold for consumption on the premises, the Act requires that a clear statement be made as to whether children or young persons are to be allowed entry, and if they are, a statement of the terms on which they are allowed entry. In terms of the Act Children are defined as under 16 and Young Persons are aged 16 or 17 years. 5. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk 6. Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament http://opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Completed forms should be submitted to: Clerk to the Licensing Board Civic Centre Windmillhill Street Motherwell ML1 1AB or by email to LicensingBoard@northlan.gov.uk Payment can be made by credit/debit card. A member of the team will call you to take payment on receipt of the application. Page 123 of 140
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4 NOTES: 1. Section 56 of the Licensing (Scotland) Act 2005 provides that only: The holder of a premises licence; The holder of a personal licence; A representative of any voluntary organisation is eligible to apply for an occasional licence. If you are a personal licence holder and your licence has been granted by another authority other than North Lanarkshire please provide a copy of your personal licence document with this application. If you represent a voluntary organisation and you are applying for the first time for an occasional licence please produce evidence of your organisation namely (a) a list of the full names, addresses and date of birth for all members of the committee of the organisation; a copy of the constitution relating to the organisation or if not available a copy of a previous minute of a meeting of the committee; the name and address of the organisations bank details including account number. 2. Description of the premises. Please include a full description of the event to be carried out in the premises for which the licence is sought. Include the name, address and telephone number of the originator of the event i.e. the details of the person(s) who has asked you to provide a liquor licence for the event/function. 3. Duration of Licence. This is the date(s) the event/function is to take place on. PLEASE NOTE APPLICATIONS MUST BE SUBMITTED AT LEAST 6 WEEKS BEFORE THE DATE OF THE EVENT/FUNCTION. 4. Where alcohol is to be sold for consumption on the premises, the Act requires that a clear statement be made as to whether children or young persons are to be allowed entry, and if they are, a statement of the terms on which they are allowed entry. In terms of the Act Children are defined as under 16 and Young Persons are aged 16 or 17 years. 5. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk 6. Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament http://opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Completed forms should be submitted to: Clerk to the Licensing Board Civic Centre Windmillhill Street Motherwell ML1 1AB or by email to LicensingBoard@northlan.gov.uk Payment can be made by credit/debit card. A member of the team will call you to take payment on receipt of the application. Page 127 of 140
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4 NOTES: 1. Section 56 of the Licensing (Scotland) Act 2005 provides that only: The holder of a premises licence; The holder of a personal licence; A representative of any voluntary organisation is eligible to apply for an occasional licence. If you are a personal licence holder and your licence has been granted by another authority other than North Lanarkshire please provide a copy of your personal licence document with this application. If you represent a voluntary organisation and you are applying for the first time for an occasional licence please produce evidence of your organisation namely (a) a list of the full names, addresses and date of birth for all members of the committee of the organisation; a copy of the constitution relating to the organisation or if not available a copy of a previous minute of a meeting of the committee; the name and address of the organisations bank details including account number. 2. Description of the premises. Please include a full description of the event to be carried out in the premises for which the licence is sought. Include the name, address and telephone number of the originator of the event i.e. the deta ls of the person(s) who has asked you to provide a liquor licence for the event/function. 3. Duration of Licence. This is the date(s) the event/function is to take place on. PLEASE NOTE APPLICATIONS MUST BE SUBMITTED AT LEAST 6 WEEKS BEFORE THE DATE OF THE EVENT/FUNCTION. 4. Where alcohol is to be sold for consumption on the premises, the Act requires that a clear statement be made as to whether children or young persons are to be allowed entry, and if they are, a statement of the terms on which they are allowed entry. In terms of the Act Children are defined as under 16 and Young Persons are aged 16 or 17 years. 5. Data Protection Act 2018 The information which you provide on this form will be processed by North Lanarkshire Council (which is the “data controller” for purposes of data protection law). A Privacy Statement explaining how we process your personal information can found on the Council’s website www.northlanarkshire.gov.uk 6. Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament http://opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Completed forms should be submitted to: Clerk to the Licensing Board Civic Centre Windmillhill Street Motherwell ML1 1AB or by email to LicensingBoard@northlan.gov.uk Payment can be made by credit/debit card. A member of the team will call you to take payment on receipt of the application. Page 128 of 140
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1 Licensing Standards Officer’s Report Subject: Occasional Licence Applications – Railway Inn To: Licensing Board Author(s) of Report: Jill Brown Licensing Standards Officer Date: 16 June 2025 Background 1.1 On 7 May 2025 North Lanarkshire Council received four Occasio al Licence Applications for The Railway Inn, 98 Lauchope Street, Chapelhall, ML6 8SW, Premises Licence Number 91. 30 May – 12 June 2025 13 June - 26 June 2025 27 June – 10 July 2025 11 July – 24 July 2025 1.2 Notice of the applications was given by th Licensing Board and a copy of them was provided to the Chief Constable, Police Scotland and North Lanarkshire Council Licensing Standards Officers. It was also put out for Public Consultation via the North Lanarkshire website with no objections received. 1.3 These occasional licences were subsequently granted. 1.4 On 30 May 2025, a resid nt of Lauchope Street, Chapelhall emailed to highlight his concerns that the premises had been granted permission to have outdoor drinking on the pavement w ich he wished to object to. The Licensing Standards Officer confirmed that the occasional licences had been granted due to there being no objections. He felt that this was unacceptable to the residents and was unhappy that North Lanarkshire Council had taken this decision without due consideration to the residents. Legislation 2.1 In terms of s.57(3) of the Licensing (Scotland) Act 2005 a Licensing Standards Officer may, within 21 days of receipt of [an occasional licence application], prepare and submit to the Licensing Board a report setting out the Officer's comments on the application. Current Position 3.1 On 6 June North Lanarkshire Council received a further three Occasional Licence Applications from the Railway Inn: 8 August – 21 August 2025 22 August – 4 September 2025 5 September – 18 September 2025 3.2 The Licensing Board provided notice of these applications to local Elected Members, the Chief Constable Police Scotland and North Lanarkshire Licensing Standards Appendix 2 Page 129 of 140
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2 Officers. It was also put out to public consultation via the North Lanarkshire Council website with objections received. 3.3 On 11 June 2025, the Licensing Standards Officer contacted and spoke to Simon McLeod, Operations Director, Platform 97 who leases the premises. He advised that the current DPM was on holiday and unavailable. 3.4 Mr McLeod explained that the reason for submitting occasional licences was to make use of the outside space and gauge how successful it would be prior to applying for a non-minor variation. The outdoor seating would be from 11am to 8pm to allow patrons to sit outside when the weather permitted. 3.5 This outdoor seating comprising of 2 x benches which would seat approximately 12 persons. He stated that these benches would be removed after 8pm to prevent patrons from sitting outside after closing time and not congregating outside longer than necessary, hopefully preventing anti-social behaviour. 3.6 He was fully aware that the Board have a policy of not permitting recorded music, live music or any televised sports in outdoor areas to prevent nuisance to neighbor’s above or who adjoin the premises. 3.7 Mr McLeod was informed that objections had been raised gainst the previous 3 applications after they had been granted. He was advised that his 3 new applications had received objections and that a hearing would take place to be reviewed by the Licensing Board on 27th June 2025. He acknowledged this and confirmed that he would not proceed with the granted applications until the scheduled Board meeting. 3.8 Mr McLeod was fully co-operative during our meeting and volunteered information that he had been working closely with Environmental Health in relation to an ongoing complaint from a resident in the dwelling above the premises. He was confident that this matter has now been resolved, he ha moved his entertainment area to the other part of the building and is waiting on acoust c limiting equipment to be installed. 3.9 LSO carried out a visit to the premises on 13th June 2025 with no issues identified. 3.10 Having no prior knowledge of the Railway Inn, as a Licensing Standard Officer, I contacted Police Scotland Lanarkshire Licensing Department and spoke to Constable Duffy who had prevously carried out a visit to the premises back at the start of February 2024 after rece ving notification that the premises had applied to make changes to their layout plan, namely; an outside seating area. 3.11 During this visit PC Duffy spoke with the neighboring Dental Practice who stated that they would not have any issues as they did not believe that it would cause any disruption to heir daily business. 3.12 He also spoke with a resident directly above the premises. Again, there were no adverse comments made. He was unable to contact the neighboring property. 3.13 No personal details were noted at this time and a ‘No Police Objection’ response was forwarded to NLC On 9 February 2024 Police Scotland were informed this application had been withdrawn. 3.14 There have been 4 incidents for this area in the last 6 months, but they did not relate to the premises. 3.15 Police Scotland Licensing Department are aware that patrons can congregate outside the premises after they close and have made the local police aware to prevent any anti- social behaviour that could disturb the residents. Licensing Standards Officer’s Comments Page 130 of 140
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3 4.1 In my role as a Licensing Standards Officer for North Lanarkshire Council, and considering NLC licensing policies, I believe the best option would be for the applicants to apply for a non-minor variation with local conditions put in place. 4.2 This has been discussed with the applicant who has been co-operative throughout this process, and he confirmed that he would not use the outdoor seating area until the scheduled Board meeting on 27 June 2025. Jill Brown Licensing Standards Officer 18 June 2025 Page 131 of 140
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From: To: Subject: Date: . . Objection To Occasiooal Licences For Railway Tavern Lauchope StreEt Olapellall 09 June 2025 19:57:38 Appendix 3 Dear Rachel ,Richard Hope You Both Are Well, I Along With My Ward Colleague Councillor Michael McBride And A Number Of Residents Strongly Object To The 4 Occasional Licences For The Railway Tavern Lauchope Street Chapelhall,Not Only Will It Create Anti Social Behaviour Drinking Outside And With These Licenced Premises Having A History Of Violence ,Next To Primary Schools ,Consuming Alcohol In A Public Place ( In The Main Footpath With Children And Young Mothers Pushing Their Prams, Granting These Licences Could Put The Public In Danger) Please Forward My Objection To Whoever Deals With This Application. Many Thanks Michael Coyle Page 132 of 140
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From: Michael McBride - Convener of Education, Children & Families Committee To: LicensingBoard Mailbox Cc: Michael McBride - Convener of Education, Children & Families Committee Subject: Objection - Occasional Licence/Extended Hours Application. Date: 09 June 2025 19:32:53 Afternoon, I wish to object to the Occasional licence request for Food & Drink to front external area of Lauchope St,Chapelhall at the premises of Railway Inn. My objection is for the 4 requests on ; 25th July - 7th August 2025 8th August - 21st August 2025 22nd August -4th September 2025 5th September - 18th September 2025. This location is a residential area with domestic occupants living above these premises, residents living opposite the Railway Inn, a Dentist next door and the footpath next to a busy road, including a School campus near to these premises. Also, local residents have visited my Councillo surgery to make opposition to this Occasional license. Regards, Michael. Councillor Michael Mc Bride, Airdrie South, Convener – Educatio , Children and Families My Privacy Statement is available at Privacy Statement This explains how I will use your personal data. Page 133 of 140
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From: To: LicensingBoard Mailbox Subject: Objection to proposed Licensing Date: 11 June 2025 17:29:57 [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] ALERT: This email is from an EXTERNAL source - Proceed with caution. Evaluate the risks before opening any links or attachments, or providing any credentials. Subject. Railways Inn 96 Lauchope st. Chapelhall. FOOD AND DRINK TO THE FRONT EXTERNAL AREA ON LACHOPE ST. 11am to 9pm. 25th July to 7th August 11am to 9pm 8th August to 21st August 11am to 9pm 22nd August to 4th September 11am to 9pm 5th September to 18th September 2025. Dear sir/madam. I would like to object to the above on the grounds of potential noise and anti social behaviour. My business and home are very close to this establishment and have great con ern regarding this application having a negative effect on my business which is all about my residents enjoying a peaceful environment. Also I would question the validity of four Occassional license applications running concurrently as the dates above suggest. To me that falls short of the description, “Ocassional” Furthermore I believe that in the past outdoor drinking has c me to t e attention of NLC with regard to noise and anti social behaviour at the rear of the premises. I cannot imagine moving that problem to the front would b in anyone’s best interest. Regards Sent from my iPad Page 134 of 140
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From: To: LicensingBoard Mailbox Subject: Railway Inn 96 Lauchope Street Chapelhall ML6 8SW Date: 13 June 2025 13:24:14 Good afternoon, I live at , and I wish to object to the Railway Inn’s request to have outdoor seating at the front of their building. I have had a lot of issues with this establishment regarding their noise pollution and the antisocial behaviour of their clientele. At the weekends, the pub closes at 1:00 but the patrons will linger outside, beneath my bedroom window, until 1:30 – 1:45. They frequently scream, shout, sing and fight until hey eventually disperse. My concern is that they will congregate longer if provided with seating. There is already enough noise and concerning conduct at the open fire escape at the back of the pub into the carpark. I have no faith that the customers will be prevented from using hem beyond the hours stated. Thank you. Kind regards, Page 135 of 140
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