Agenda Document Pack - Licensing Board - 22/08/2025
North Lanarkshire Council · 22 August 2025
Back to Licensing Board — 22 August 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Clerk Name: Committee Services Clerk Telephone: Clerk Email: committee@northlan.gov.uk 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, 22 August 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 172
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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 - 27 June 2025 Submit Minute of Meeting of the Licensing Board held on 27 June 2025 5 - 10 3 Application for Provisional Premises Licence - 1 Myrtle Road, Viewpark Applicant: Brunton Miller 11 - 54 4 Application for a Provisional Premises Licence - Spar, West Burnside Applicant: Hill Brown Licencing 55 - 86 5 Application to Vary Premises Licence - Premier Inn Bellshill Applicant: John Gaunt and Partners 87 - 100 6 Application to Vary Premises Licence - Premier Inn Cumbernauld Applicant: John Gaunt and Partners 101 - 114 7 Application to Vary Premises Licence - 37 Clark Street, Airdrie Applicant: Neil Miller 115 - 138 8 Application to Vary Premises Licence - Condorrat Bowling Club Applicant: Neil Miller 139 - 152 9 Future Meetings of Licensing Board Submit report by the Clerk to the Licensing Board seeking approval of a schedule of meetings for North Lanarkshire's Licensing Board, in alignment with the Council's timetable of meetings through to March 2027. 153 - 158 10 Annual Functions Report 2024/25 Submit report by the Clerk to the Licensing Board seeking approval of the Annual Functions Report 2024/25. 159 - 166 Page 3 of 172
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11 Statement of Income and Expenditure 2024/25 Submit report by the Clerk to the Licensing Board seeking approval to publish the annual report detailing the Licensing Board's relevant income and expenditure for 2024/25. 167 - 172 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". 12 Personal Licence Review Hearing Review of Personal Licence Holder - Daniel Dobbin 13 Personal Licence Review Hearing Review of Personal Licence Holder - Aaron Gary Smith 14 Personal Licence Review Hearing Review of Personal Licence Holder - Waseem Ahmed 15 Premise Licence Review Hearing Review of Premise Licence - KeyStore, Stewarton Street, Wishaw Page 4 of 172
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LICENSING BOARD - 27 JUNE 2025 1 27 June 2025 at 10.30am. A Meeting of the LICENSING BOARD PRESENT Councillor S. Coyle, Convener; Councillor M. Coyle, Vice-Convener; Councillors Docherty, McVey, Nolan, Robb and Toner. CHAIR Councillor S. Coyle (Convener) presided. IN ATTENDANCE Chief Officer (Legal and Democratic) and Democratic Co-Ordinator. ALSO IN ATTENDANCE Licensing Standards Officer Constable Mick Duffy, Police Scotland Niall Hassard, Hassard Licensing Limited., Agent - in respect of paragraphs three, four and eight. Danielle Frame, Representative from Asda – in respect of paragraph three. Carla Dalziel, Representative from Asda – in respect of paragraph four. Alistair Maxwell, Applicant - in respect of paragraph five. Margaret Ann Todd, Building Standards Officer - in respect of paragraph five. Andrew Hunter, Harper McLeod LLP, Agent - in respect of paragraph six. Robert Cassidy, Applicant - in respect of paragraph seven. John O’Malley, Applicant – in respect of paragraph eight. Kirsty McLeod, Business Development Manager, Star Pubs – in respect of paragraph eight. Alex Aitken, Objector – in respect of paragraph eight. Tom Martin, Objector – in respect of paragraph eight. Councillor M Coyle, Objector – in respect of paragraph eight. Nintin Sharma, Applicant – in respect of paragraph eleven. APOLOGIES Councillors McLaren and Thomas. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Robb, by virtue of expressing an opinion on the planning application, declared a connection amount to a declarable interest in respect of Paragraph four “Application for Provisional Premises Licence – Asda Express, Craignuek” and left the meeting during consideration of the item. Councillor M Coyle, by virtue of submitting an objection to the occasional licence applications, declared a connection amount to a declarable interest in respect of Paragraph eight “Application for Occasional Licence – the Railway Inn, Chaphelhall” and left the meeting during consideration of the item. Councillors McVey and Robb, by virtue of being Members of the Regulatory Committee, declared a connection amounting to a declarable interest in respect of Paragraph eleven “Personal Licence Review Hearing - Nitin Sharma” and left the meeting during consideration of the item. Item 2 Page 5 of 172
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LICENSING BOARD - 27 JUNE 2025 2 MINUTE OF MEETING OF THE LICENSING BOARD - 30 MAY 2025 2. There was submitted the Minute of the meeting of the Licencing Board held on 30 May 2025. Decided: that the terms of the Minute be approved. APPLICATION FOR PROVISIONAL PREMISES LICENCE - ASDA EXPRESS, DUNCANSFIELD 3. There was submitted: (1) an application by Asda Express PFS Duncansfield, for a Provisional Premises Licence in respect of the premises at 3 Glasgow Road, Kilsyth G65 9AE; and (2) one objection and one representation which had been received. The Chief Officer (Legal and Democratic) advised that the Customer Profiling Research Report dated November 2024 undertaken by Taylor McKenzie Research on behalf of Asda Express for Duncansfield Filling Station had been received from the applicant and it was agreed that the report be circulated to Members of the Board. The Board then heard from the Applicant’s agent, Niall Hassard, Hassard Licensing Limited., speak in support of the application. Thereafter, the Board heard Constable Mick Duffy, Police Scotland outline three instances of anti-social behaviour within or near to the premises. Decided: that the application for a Provisional Premises Licence at Asda Express, Duncansfield, Kilsyth G65 9AE be granted. Prior to consideration of the following item of business, Councillor Robb having declared a connection amounting to a declarable interest, by virtue of expressing an opinion on the planning application, left the meeting during consideration of the item. APPLICATION FOR PROVISIONAL PREMISES LICENCE - ASDA EXPRESS, CRAIGNEUK 4. There was submitted: (1) an application by Asda Express PFS Motherwell, for a Provisional Premises Licence in respect of the premises at Unit 2A, Fleming Industrial Park, Motherwell, ML1 2NT; and (2) one objection and one representation which had been received. The Chief Officer (Legal and Democratic) advised that the Customer Profiling Research Report dated October 2024 undertaken by Taylor McKenzie Research on behalf of Asda Express for Motherwell Filling Station had been received from the applicant and it was agreed that the report be circulated to Members of the Board. The Board then heard from the Applicant’s agent, Niall Hassard, Hassard Licensing Limited. speak in support of the application. Thereafter, the Board heard Constable Mick Duffy, Police Scotland outline that there were no adverse comments and no instances of anti-social behaviour within or located near to the premises. Decided: that the application for a Provisional Premises Licence at Asda Express, Unit 2A Flemington Industrial Park, Craigneuk ML1 2NT be granted. APPLICATION TO VARY PREMISES LICENCE - BRAKES, EUROCENTRAL 5. There was submitted an application by the Brakes Bros Limited to vary a Premises Licence in respect of the premises at 403 Edinburgh Road, Newhouse ML1 5GH. Page 6 of 172
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LICENSING BOARD - 27 JUNE 2025 3 The Board then heard from the applicant’s representative, Alistair Maxwell, speak in support of the application. The Building Standards Officer advised that there were two building warrants that have no completion certificates and that there were concerns surrounding fire safety regulations within the proposed warehouse. Responding to a Members’ question, Alistair Maxwell provided a specific undertaking that no alcohol would be located to the warehouse until building control legislation had been complied with in full and building warrants completion certificates have been issued. Decided: that, following the specific undertaking from the applicant that no alcohol would be located in the warehouse until building control legislation had been complied with in full and the completion certificates have been issued, that the application to vary the Premises Licence at Brakes, 403 Edinburgh Road, Newhouse ML1 5GH be granted. APPLICATION TO VARY PREMISES LICENCE - SHELL OLD INNS, CUMBERNAULD 6. There was submitted an application by Lockett and Co to vary a Premises Licence in respect of the premises at Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ. The Board then heard from the applicant’s agent, Andrew Hunter, Harper McLeod LLP, speak in support of the application. Decided: that the application to vary the Premises Licence at Shell Old Inns, Castlecary Road, Cumbernauld G68 0BJ be granted. APPLICATION TO VARY PREMISES LICENCE - TANNOCHSIDE MINERS WELFARE, UDDINGSTON 7. There was submitted an application by Robert Cassidy to vary a Premises Licence in respect of the premises at Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ. The Board then heard from the applicant, Robert Cassidy, speak in support of the application. Decided: that the application to vary the Premises Licence at Tannochside Miners Welfare, 438 Old Edinburgh Road, Viewpark, Uddingston G71 6PJ be granted. Prior to consideration of the following item of business, Councillor M. Coyle having declared a connection amounting to a declarable interest, by virtue of submitting an objection to the occasional licence applications, left the meeting during consideration of the item. APPLICATION FOR OCCASIONAL LICENCES - THE RAILWAY INN, CHAPELHALL 8. There was submitted an application by John O’Malley, for three occasional licences in respect of the Railway Inn, 96 Lauchope Street, Chapelhall ML6 8SW. The Board then heard from the Applicant’s agent, Niall Hassard, Hassard Licensing Limited, speak in support of the applications. Thereafter, the Board heard the Licensing Standards Officer outline their report on the events between the initial granting of three previous occasional licences and the subsequent objections that have been submitted. Tom Martin, Alex Aitken and Councillor M. Coyle were heard in objection to the applications and references the noise and anti-social impact that it would have on the local community. Page 7 of 172
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LICENSING BOARD - 27 JUNE 2025 4 Councillor McVey, seconded by Councillor Docherty, moved that the application be refused as the application would otherwise be inconsistent with the following licensing objectives: securing public safety; and preventing public nuisance. Councillor Robb, seconded by Councillor Toner moved as an Amendment, that the application be granted with the following conditions: CCTV for the outside of the premises be installed; only plastic glasses be used in the outside space is in use; and the use of outside space to be restricted to no later than 8pm. On the vote being taken, three Members having voted for the Motion and three Members having voted for the Amendment. The vote being equal, the Convener exercised their casting vote in favour of the Motion, which was accordingly declared carried. Decided: that the application for Occasional Licences at the Railway Inn, 96 Lauchope Street, Chapelhall be refused as granting the application would otherwise be inconsistent with the following licensing objectives: securing public safety; and preventing public nuisance. The applicant’s solicitor requested a statement of reasons to be provided on the refusal to grant the application. 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 three and six of Part 1 of Schedule 7A of the Act. PERSONAL LICENCE REVIEW HEARING – JOHN SHILLIDAY 9. The Chief Officer (Legal and Democratic) advised that the application would be determined at the next meeting of the Board. Decided: that the review hearing in respect of personal licence holder, John Shilliday be continued to the next meeting of the Board. PERSONAL LICENCE REVIEW HEARING – DANIEL DOBBIN 10. The Chief Officer (Legal and Democratic) advised that the application would be determined at the next meeting of the Board. Decided: that the review hearing in respect of personal licence holder, Daniel Dobbin be continued to the next meeting of the Board. Prior to consideration of the following item of business, Councillors McVey and Robb having declared a connection amounting to a declarable interest, by virtue of being Members of the Regulatory Committee, left the meeting during consideration of the item. PERSONAL LICENCE REVIEW HEARING - NITIN SHARMA 11. There was submitted a report by the Clerk of the Licensing Board: (1) intimating that, under section 84A of the Licensing (Scotland) Act 2005, a letter had been received from the Local Policing Commander, Lanarkshire Division reporting that Nitin Sharma, who currently held a Personal Licence, had acted in a manner that was inconsistent with the licence objectives; and (2) attaching in Appendix one to the report, a copy of the Local Policing Commander’s letter. Page 8 of 172
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LICENSING BOARD - 27 JUNE 2025 5 The Board heard from Constable Duffy outline the Local Policing Commander, Lanarkshire Division’s report and Nitin Sharma speak in respect of the matter. Thereafter, Nitin Sharma, the Licensing Standards Officer and Constable Duffy withdrew from the meeting and Board resumed consideration of the matter. Nitin Sharma, the Licensing Standards Officer and Constable Duffy were then readmitted to the meeting. Decided: that the Personal Licence of Nitin Charma be revoked as licence holder’s conduct was inconsistent with the following licensing objectives: (1) Preventing Crime and Disorder; (2) Securing Public Safety; and (3) Preventing Public Nuisance. Page 9 of 172
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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 1 Myrtle Road, Viewpark, Uddingston, G71 5JF. 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 Brunton Miller in respect of premises at 1 Myrtle Road, Viewpark, Uddingston, G71 5JF and is a standalone general convenience store in a mainly residential area with the following features: 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 Off sales capacity 16.84m². 2.1.3 The premises may offer a home delivery service for groceries and alcohol. 2.2 Section 23 of the Act provides that if a provisional premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 2.2.1 if none of them apply, the Licensing Board must grant the application, or 2.2.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the subject premises are excluded premises; 2.3.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). 2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, Page 12 of 172
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2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 2.5 Where the Licensing Board refuses the application: 2.5.1 the Board must specify the ground for refusal, and 2.5.2 if the ground of refusal is that specified at 2.3.3 or 2.3.4, the Board must specify the licensing objective or objectives in question: 2.5.2.1 preventing crime and disorder; 2.5.2.2 securing public safety; 2.5.2.3 preventing public nuisance; 2.5.2.4 protecting and improving public health, and 2.5.2.5 protecting children and young persons from harm. Page 13 of 172
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2.6 The Licensing Board is asked to note: 2.6.1 that there has been no previous application made to the Licensing Board. 2.6.2 that following all necessary and appropriate consultation, 17 objections from local residents have been received, copies of which are 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 – 1 Myrtle Road, Viewpark, Uddingston, G71 5JF. 4.2 Appendix 2 – Formal objections received from Local Residents. 4.3 Appendix 3 – Anti-Social Behaviour Report received from Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 14 of 172
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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 15 of 172
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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 16 of 172
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SCHEDULE 3 Regulation 4(1) APPLICATION FOR PREMISES LICENCE/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. 1 Myrtle Road Viewpark UDDINGSTON G71 5JF 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 17 of 172
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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. Iceberg Retail Limited 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.* Imran Ackrim Page 18 of 172
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* Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005. Question 3 Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? YES/ NO * If YES – provide full details Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign offence (a) YES / NO * *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty (a) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant or foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 19 of 172
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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) Standalone general convenience store in mainly residential area. 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 * N/A * 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 ……………Tuesday, 17th December 2024…………………………… Capacity ………Solicitor…………………… APPLICANT / AGENT * (delete as appropriate) Page 20 of 172
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Telephone number and email address of signatory: N/EB/PREMISES LICENCE APPLICATIONS/Prov Prem - 1 Myrtle Road, Viewpark, Uddingston G71 5JF.16.12.2024 ADM/CA I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 21 of 172
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 22 of 172
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SCHEDULE 5 Regulation 6 OPERATING PLAN Licensing (Scotland) Act 2005, section 20(2)(b)(i) Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? NO 1(b) Will alcohol be sold for consumption solely OFF the premises? YES 1(c) Will alcohol be sold for consumption both ON and OFF the premises? NO *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES Day ON Consumption Opening time Terminal hour Monday N/A N/A Tuesday 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 23 of 172
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Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Day OFF Consumption Opening time Terminal hour Monday 10:00AM 10:00PM Tuesday 10:00AM 10:00PM Wednesday 10:00AM 10:00PM Thursday 10:00AM 10:00PM Friday 10:00AM 10:00PM Saturday 10:00AM 10:00PM Sunday 10:00AM 10:00PM Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand NO *If YES – provide details Page 24 of 172
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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) NO NO NO Live performances – see 5(g) NO NO NO Dance facilities NO NO NO Theatre NO NO NO Page 25 of 172
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Films NO NO NO Gaming NO NO NO Indoor/outdoor sports NO NO NO Televised sport NO NO NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities NO NO NO 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. 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 being a general convenience store may open prior to the core licensed hours for the provision of non-alcoholic goods and services. In addition, the premises may offer a home delivery service for groceries and alcohol. Page 26 of 172
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5(g) Late night premises opening after 1.00am Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85dB? YES / NO * N/A When fully occupied, are there likely to be more customers standing than seated? YES / NO * 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 Page 27 of 172
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 28 of 172
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Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? 16.84 square metres. Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name N/A 8(b) Date of birth 8(c) Contact address 8(d) Email address Page 29 of 172
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8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature …… … * (see note below) Date ……………Tuesday, 17th December 2024…………………………… Capacity ………Solicitor…………………… APPLICANT / AGENT * (delete as appropriate) Telephone number and email address of signatory: N/EB/PREMISES LICENCE APPLICATIONS/Prov Prem - 1 Myrtle Road, Viewpark, Uddingston G71 5JF.16.12.2024 ADM/CA * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 30 of 172
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Question 3 Facilities available Please describe the facilities provided for disabled people N/A Question 4 Other provisions Please provide details of any other provisions made to aid the use of the premises by disabled people N/A DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this disabled access and facilities statement are true to the best of my knowledge and belief. Signature …… ……… * (see note below) Date ……………Tuesday, 17th December 2024…………………………… Capacity ………Solicitor…………………… APPLICANT / AGENT * (delete as appropriate) Telephone number and email address of signatory: N/EB/PREMISES LICENCE APPLICATIONS/Prov Prem - 1 Myrtle Road, Viewpark, Uddingston G71 5JF.16.12.2024 ADM/CA Page 32 of 172
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* Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 33 of 172
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Application for Provisional Premises Licence 1 Myrtle Road, Viewpark, Uddingston G71 5JF List of Current Licensed Premises Premises Sale of Alcohol Capacity Laburnum Stores, 401/403 Laburnum Road, Viewpark Off Sale 20.116 m² Hornbeam Road Stores, 187 Hornbeam Road, Abronhill Off Sale 16.47 m² Retail Express, 99 Juniper Road, Viewpark Off Sale 12.8 m² Burnhead Bowling Club, 2 Sycamore Avenue On Sale 210 The Rolling Barrel, 781 Old Edinburgh Road, Viewpark On Sale 200 Skeltons Licensed Grocers, 489 Old Edinburgh Road, Viewpark Off Sale 25.25 m² Scotmid, Unit 5 Block 8, Old Edinburgh Road, Viewpark Off Sale 44.2 m² The Funky Monkey, 607 Old Edinburgh Road, Uddingston On Sale 340 Scotmid, 479 Old Edinburgh Road, Viewpark On/Off Sale 120.3 and 134.7 m² Tannochside & Bredisholm Miners Welfare Society & Social Club On Sale 460 Sherwood Manor Hotel, 315 New Edinburgh Road, Uddingston On Sale 398 Viewpark Convenience Store, Unit 1, 648-650 Old Edinburgh Road, Viewpark Off Sale 11m² Laughing Buddha, 720 Old Edinburgh Road, Uddingston On Sale 450 Quality Store, 657 Old Edinburgh Road, Viewpark Off Sale 15.01m² Cesars, 80 Old Edinburgh Road, Bellshill On Sale 185 Tollhouse Xtra Local, 139 Old Edinburgh Road, Birkenshaw Off Sale 11.255 m² Viewpark Service Station, 783 Old Edinburgh Road, Bellshill Off Sale 8.02 m² Thorniewood Park, 612 Old Edinburgh Road, Viewpark On Sale 350 Page 35 of 172
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (1 Myrtle Road Viewpark Uddingston G71 5JF) (Dates: 28/01/2024 – 27/01/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 0 Drugs / Solvent abuse 0 Disturbances 0 Drinking in public places 0 Assault 0 Damage to property 0 Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 1 (CR/462590/24) Culpable and Reckless Conduct 1 (CR/341635/24) Drunk & Incapable [Civic Govt.(S) Act 1982 Section 0 Drug related offences 0 Assaults 0 Indecent Assault 0 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 0 Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) 0 APPENDIX 3 Page 53 of 172
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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 Spar, West Burnside Street, Kilsyth, G65 0HL. 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 Hill Brown Licencing in respect of premises at Spar, West Burnside Street, Kilsyth, G65 0HL and is a small supermarket with parking facilities selling a broad range of products for consumption off the premises: 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 recorded music during hours of trade. 2.1.3 Off sales capacity 66m2. 2.2 Section 23 of the Act provides that if a provisional premises licence application is received, the Licensing Board must hold a hearing to determine the application. The Licensing Board must, in considering and determining the application, consider whether any of the grounds for refusal apply and 2.2.1 if none of them apply, the Licensing Board must grant the application, or 2.2.2 if any of them apply, the Licensing Board must refuse the application. 2.3 The grounds for refusal are: 2.3.1 that the subject premises are excluded premises; 2.3.2 that the application must be refused under section 25(2) of the Act (the Board had previously refused a premises licence within the preceding year), section 64(2) of the Act (alcohol would be sold for a continuous period of 24 hours from the premises, unless there are exceptional circumstances which would justify allowing the sale of alcohol on the premises during such a period), or section 65(3) of the Act (if alcohol is to be sold for off sales purposes before 10am or after 10pm, or both). 2.3.3 that the Board consider, having regard to the licensing objectives that the applicant is not a fit and proper person to be a holder of a premises licence, Page 56 of 172
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2.3.4 that the Board considers that the granting of the application would otherwise be inconsistent with one or more of the licensing objectives, 2.3.5 that having regard to: 2.3.5.1 the nature of the activities proposed to be carried on in the subject premises, 2.3.5.2 the location, character and condition of the premises, and 2.3.5.3 the persons likely to frequent the premises the Board considers that the premises are unsuitable for the sale of alcohol, 2.3.6 that the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licence premises, or licensed premises of the same or similar description as the subject premises, in the locality, 2.3.7 in considering whether either of the grounds for refusal specified in 2.3.3 or 2.3.4 applies, the Board must in particular take into account- 2.3.7.1 any conviction, notice of which is given by the chief constable under subsection 4(b) of section 21 of the Act; and 2.3.7.2 any report given by the chief constable under section 21A(2). 2.4 Where the Board considers that: - 2.4.1 they would refuse the application as made, but 2.4.2 if a modification proposed by them were made to the operating plan or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified. 2.5 Where the Licensing Board refuses the application: 2.5.1 the Board must specify the ground for refusal, and 2.5.2 if the ground of refusal is that specified at 2.3.3 or 2.3.4, the Board must specify the licensing objective or objectives in question: 2.5.2.1 preventing crime and disorder; 2.5.2.2 securing public safety; 2.5.2.3 preventing public nuisance; 2.5.2.4 protecting and improving public health, and 2.5.2.5 protecting children and young persons from harm. Page 57 of 172
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report addresses legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☒ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☒ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 59 of 172
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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 60 of 172
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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. Spar West Burnside Street Kilsyth G65 0HL 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. Tahir Amin APPENDIX 1 Page 61 of 172
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2(b) Where applicant is a partnership, please provide full name, and postal address of partnership 2(c) Where applicant is a company, please provide name, registered office and company registration number. 2(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body. 2(e) Where applicant is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of connected persons. * *Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005 Question 3 Page 62 of 172
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Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? NO If YES – provide full details Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign office (a) NO *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty (a) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 63 of 172
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I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan X Layout plan X Planning certificate X Building standards certificate Food hygiene certificate *Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 65 of 172
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 66 of 172
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SCHEDULE 4 Regulation 4(2) ADDITIONAL MATERIAL – PREMISES LICENCE APPLICATION LODGED NO LATER THAN 16 JANUARY 2009 Is there a licence under the Licensing (Scotland) Act 1976 held in respect of the premises? YES/NO* (*Delete as appropriate) If so, do you consider the application to be a “Grandfather Rights” application (i.e. on falling within article 18 or 19 of the Licensing (Transitional and Saving Provisions) (Scotland) Order 2007)? YES/NO* (*Delete as appropriate) Page 67 of 172
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 74 of 172
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Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? Off sales: 66m2 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name TBC 8(b) Date of birth 8(c) Contact address 8(d) Email address Page 75 of 172
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Application for Provisional Premises Licence Spar, West Burnside, Kilsyth List of Current Licensed Premises Premises Sale of Alcohol Capacity 12 Station Road, Kilsyth G65 0AB Off Sales 3.78 m2 31 Main Street, Kilsyth G65 0AH Off Sales 7.216 m2 The Co-operative Food, 39/53 Main Street, Kilsyth G65 0AH Off Sales 42.22 m2 The Scarecrow, 2/2A Main Street, Kilsyth G65 0AQ On Sales 246 Banton and Kelvinhead Bowling Club, Main Street, Kilsyth G65 0QN On Sales 322 Banton Express, 101 Main Street, Kilsyth G63 0QN Off Sales 9.08 m2 Kilsyth Miners Welfare Society and Social Club, 3 Burngreen Park, Kilsyth G65 0HU On Sales 190 Adam Newsagents, 84 Howe Road, Kilsyth G65 0LP Off Sales 7.83m2 Bobbys, 151 Manse Road, Kilsyth G65 0EU Off Sales 18.5m2 A & S Superstore, 18 Barlandfauld Street, Kilsyth G65 0BN Off Sales 19.31 m2 Deacons Supermarket, 40 Deacons Road, Kilsyth G65 0BN Off Sale 35.63 m2 Kilsyth Bowling Club, Stirling Road, Kilsyth G65 0HZ On Sale 180 Lidl, 1 Garrell Road, Kilsyth G65 9JX Off Sale 71.71 m2 Home Bargains, 1a Garrell Road, Kilsyth G65 9JX Off Sale 22.90 m2 Provisional Premise, 3 Glasgow Road, Kilsyth G65 9AE Off Sales 34.24 m2 Page 79 of 172
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Turning Point Scotland is a company limited by guarantee No 194639 (Scotland) Registered Office 7 West George Street, Glasgow G2 1BA Charity No SC028827 Turning Point Scotland www.turningpointscotland.com @turningpointsco facebook.com/turningpointscotland 82-86 Stirling St Airdrie ML6 0AS T 0808 171 4040 E NorthLanarkshireCrisisOutreachServic e@turningpointscotland.com Licensing Board North Lanarkshire Council Civic Centre Windmillhill Street MOTHERWELL ML1 1AB Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR PROVISIONAL PREMISES LICENCE PREMISES: Provisional Premise – Spar, West Burnside Street, Kilsyth G65 0HL Thank you for notification of the above application. We are a service providing support to individuals suffering from the harms caused by drug and alcohol use we provide a harm reduction service to support those with problematic alcohol and or drug use. The team work 10am-10pm Monday to Friday and 10am-9pm Saturday and Sunday, providing outreach support across North Lanarkshire to adults. We are based in Airdrie. We deliver a harm reduction style café on a Wednesday and Friday evening 5-8pm this space will be the first of its kind in North Lanarkshire, where because you use alcohol and or drugs problematically you are not turned away. Our referral rate for support in the Kilsyth and Cumbernauld area is third to the highest being Airdrie and Coatbridge. Someone we support said to us when we mentioned of the licence application – “That’s disappointing, I the Kilsyth area has lots of nice places within it however does not require another off licence.” Someone else we support mentioned: “Its difficult, I know these places are business and trying to make money, however drink does not need to be in our face”. 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 how increasing provision of off sales of alcohol may contribute to these harms over time. Based on the most recently published data availablei, the intermediate datazone of Kilsyth and Bogside, has an off sales density in the highest quintile (top 20%) for off APPENDIX 2 Page 80 of 172
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sales density across Scotland. The small area datazone Kilsyth Bogside 04 is in the second highest quintile i.e. highest 40% for off sales density. Across Scotland and North Lanarkshire, 20% of the adult population self-report as drinking alcohol to hazardous or harmful levels.iiand high levels of alcohol related harms are experienced. The alcohol-related hospital admissions for 2023/24 in the Kilsyth Bogside IDZ area are 703.7 per 100,000 population (434.3-1074.7),e not significantly different from North Lanarkshire 715.4 (687-744.6) or Scottish as a whole at 548.5 (542.2-554.8). iii As noted by the World Health Organisationiv, one of the most effective options for reducing alcohol harms is to restrict the availability of retailed alcoholv. Data suggests purchasing alcohol for off sales consumption is a main factor in driving alcohol due to the high volume of alcohol sold via off sales compared to on sales.vi As well as concerns about off sales provision, there is also 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 drinking if the delivery service hadn’t been available.vii There is little control over how alcohol is consumed through delivery services, compared to on-sales, and we are concerned that including delivery of alcohol from this outlet will increase availability and accessibility for unregulated consumption. 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.viii There have been similar findings from larger studies across the UK.ix 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. Previous research evidence, using North Lanarkshire data, suggests a relationship between alcohol outlet density within an area and alcohol related health harm and we are concerned that this application is an area where there is already higher than average off sales provision and a level of alcohol harm comparable to the rest of North Lanarkshire. Page 81 of 172
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We are therefore concerned further increasing alcohol off sales, and inclusion of alcohol deliveries, may further increase this burden of harm over time. As such, we object to this application as we regard it as inconsistent with the licensing objective of protecting and improving public health. If the Board is minded to grant this premise licence, we would ask that certain conditions are taken into account. We ask that there is no signage placed outside the premises advertising the sale of alcohol in the premises; we would ask that the sale of high-caffeinated alcoholic drinks are not sold on the premises; and we would ask that consideration is given to the visibility and accessibility of alcohol to those in recovery, children and young people. We thank you for your consideration. Yours faithfully mreid Melissa Reid Service Manager Turning Point Scotland 82-86 Stirling Street First Floor Airdrie ML6 0AS i https://creshmap.com/ ii https://www.gov.scot/publications/scottish-health-survey-2023-volume-1-main-report/ iii https://scotland.shinyapps.io/ScotPHO profiles tool/ Page 82 of 172
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iv https://www.who.int/news-room/fact-sheets/detail/alcohol v https://www.who.int/news-room/fact-sheets/detail/alcohol vi MESAS monitoring report 2022 - Publications - Public Health Scotland vii Alcohol change UK (2024) Handle with care: the need for responsible alcohol delivery. https://alcoholchange.org.uk/publication/research-summary-the-need-for-responsible-alcohol- delivery viii Alcohol Focus Scotland (2022)) Online Alcohol Sales & Deliveries: A survey of young people in Scotland https://www.alcohol-focus-scotland.org.uk/resources/online-sales-and-deliveries-of-alcohol.pdf ix Alcohol change UK Delivering a problem? Online sales and deliveries of alcohol (2022) https://alcoholchange.org.uk/publication/delivering-a-problem-online-sales-and-deliveries-of-alcohol Page 83 of 172
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (Spar, West Burnside Street, Kilsyth, G65 0HL) (Dates: 01/08/2024 – 31/07/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 1 (PS-20240824-4078) Drugs / Solvent abuse 0 Disturbances 0 Drinking in public places 0 Assault 0 Damage to property 1 (PS-20250208-2783) Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 0 Culpable and Reckless Conduct 0 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 50(1)] 0 Drug related offences 0 Assaults 0 Indecent Assault 0 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 1 (CR/57922/25) Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) Act 2005 Section 79] 0 APPENDIX 3 Page 85 of 172
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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 88 of 172
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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 John Gaunt in respect of premises at Premier Inn Bellshill, 10-12 Bellziehill, Glasgow, ML4 3PD in respect of the following: 2.1.1 The restaurant is being reduced in size and an additional 17 bedrooms are being created 2.1.2 External drinking and play areas are being removed 2.1.3 Description of premises updated to ‘Hotel with integral food and beverage area’ 2.1.4 Off-sale commencement hour for Sunday drawn forward to 11am 2.1.5 Addition of seasonal variation to operating plan 2.1.6 Addition of ‘Accommodation’ as a permitted activity to question 5 2.1.7 Addition of Recorded Music both during ‘core hours’ and ‘outwith core’ hours to question 5 2.1.8 Narrative following question 5 updated from ‘AWP’ to ‘gaming machines’ Page 89 of 172
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2.1.9 Reference to external drinking has been removed from the answer to question 5 and the following narrative. 2.1.10 To amend the answer to question 6(d) to reflect those Children and Young Persons resident at the premises. 2.1.11 The capacity information in question 7 has been varied as follows: • Reduction in overall capacity from 310 to 66 • Addition of off-sale display area at 2m2 • Addition of reference to ‘residential occupancy’ of ’75 bedrooms at an average of 3 persons – 225 persons’ 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. Measures of success 2.3 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 3. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – Premier Inn Bellshill, 10-12 Bellziehill Road, Glasgow, ML4 3PD. 4.2 Appendix 2 – Anti-Social Behaviour Report received by Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 90 of 172
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4. 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 X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X 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 91 of 172
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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 92 of 172
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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. Premier Inn – Glasgow (Bellshill) 10-12 Bellziehill Road Glasgow ML4 3PD 1(b) Premises Licence Reference Number. 049 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 93 of 172
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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. Whitbread Group PLC 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. 3 (b) Do you wish the application to have immediate effect? YES/NO Page 94 of 172
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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. The former Bellziehill Farm Brewers Fayre is being refurbished. The restaurant is being reduced in size and an additional 17 bedrooms are being created. External drinking and play areas are being removed. The new layout of this area is described on plan - 2525-L(07)001 Rev A (March ‘25). A revised site layout plan is also included as part of the application - 2525-L(07)000 (March ‘25). The approved layout plans for the adjacent hotel accommodation block are unaffected by the application and are intended to remain part of the licence. Question 5 Describe other variation(s) sought • Description of premises updated to “Hotel with integral food and beverage area”. • Off-sale commencement hour for Sunday drawn forward to 11 am. • Addition of Seasonal variation to Operating plan. • Addition of ‘Accommodation’ as a permitted activity to question 5. • Addition of Recorded Music both during ‘core hours’ and ‘outwith core’ hours to question 5. • Narrative following question 5 updated from ‘AWP’ to ‘gaming machines’ • Reference to external drinking has been removed from the answer to question 5 and the following narrative. • To amend the answer to question 6(d) to reflect those Children and Young persons resident at the premises. • The capacity information in question 7 has been varied as follows: o Reduction in overall capacity from 310 to 66. o Addition of off-sale display area at 2 m2 o Addition of reference to ‘residential occupancy’ of ‘75 bedrooms at an average of 3 persons – 225 persons ‘. Question 6 Page 95 of 172
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Telephone number and email address of signatory 0114 266 8664 – cgrunert@john-gaunt.co.uk 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 Payment can be made by cheque made payable to North Lanarkshire Council or by credit/debit card by telephone 01698 302360. Contact for enquiries: LicensingBoard@northlan.gov.uk Complete and return to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell ML1 1AB Page 97 of 172
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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 98 of 172
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (Premier Inn, 10-12 Bellziehill Road, Bellshill, ML4 3PD) (Dates: 01/08/2024 – 31/07/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 1 (PS-20241228-1742) Drugs / Solvent abuse 0 Disturbances 0 Drinking in public places 0 Assault 0 Damage to property 0 Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 1 (CR/456760/24) Culpable and Reckless Conduct 0 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 50(1)] 0 Drug related offences 1 x possession (CR/77815/25) Assaults 0 Indecent Assault 0 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 0 Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) Act 2005 Section 79] 0 APPENDIX 2 Page 99 of 172
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Item 6 Page 101 of 172
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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 102 of 172
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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 John Gaunt in respect of premises at Premier Inn Cumbernauld, 4 South Muirhead Road, Cumbernauld, Glasgow, G76 1AX in respect of the following: 2.1.1 The restaurant is being reduced in size and an additional 11 bedrooms are being created 2.1.2 An existing first floor dining area is being removed from the area of the licence. 2.1.3 External drinking and play areas are being removed. 2.1.4 6 additional bedrooms are being added to the adjacent hotel block. 2.1.5 Description of premises from ‘Hotel, Restaurant, Bar and Beer Garden situated within own grounds’ to ‘Hotel with integral food and beverage area’. 2.1.6 The opening hours for off-sales on Sunday mornings is drawn forward to 10am, in line with the rest of the week 2.1.7 Reference to external drinking has been removed from the answer to question 5 and the following narrative. Page 103 of 172
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2.1.8 Reference to ‘bar’ has been removed from the narrative following question 5. 2.1.9 Reference to AWP has been replaced with the term ‘gaming machine’ in the narrative following question 5. 2.1.10 Reference to a ‘bar area’ in the answer to 6(b), (d) and (e) has been omitted as no ‘bar area’ will form part of the redevelopment. 2.1.11 The capacity information in question 7 has been varied as follows: • Reduction in overall capacity from 499 to 296 • Reduction in off-sales display area from 7.2m2 to 1.3m2 • Increase ‘Resident occupancy’ from 195 (65 rooms) to 228 (76 rooms) 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. Measures of success 2.3 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 3. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – Premier Inn Cumbernauld, 4 South Muirhead Road, Cumbernauld, Glasgow, G76 1AX. 4.2 Appendix 2 – Anti-Social Behaviour Report received by Police Scotland. Name Rachel Blair Title Clerk to the Licensing Board Page 104 of 172
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4. 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 x No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes x No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes x 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 105 of 172
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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 106 of 172
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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. Glasgow (Cumbernauld) – Premier Inn 4 South Muirhead Road Cumbernauld Glasgow G76 1AX 1(b) Premises Licence Reference Number. 062 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 107 of 172
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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. Whitbread Group PLC 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. 3 (b) Do you wish the application to have immediate effect? YES/NO Page 108 of 172
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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. The former Dovecote Beefeater building is being refurbished. The restaurant is being reduced in size and an additional 11 bedrooms are being created. An existing first floor dining area is also being removed from the area of the licence. External drinking and play areas are being removed. The new layout of this area is described on plan – 2528-L(07)001 Rev A (April ‘25). A revised site layout plan is also included as part of the application - 2528-L(07)000 Rev A (April ‘25). In addition, 6 additional bedrooms are being added (2 per floor) to the adjacent hotel block. New layout plans are attached as follows: • Hotel lower ground floor: 2528–L (07)002 Rev A (April ’25) • Hotel ground floor: 2528–L (07)003 Rev A (April ’25) • Hotel first floor: 2528–L (07)004 Rev A (April ’25) Question 5 Describe other variation(s) sought • Description of premises from “Hotel, Restaurant, Bar and Beer Garden situated within own grounds” to “Hotel with integral food and beverage area.” • The opening hour for off-sales on Sunday mornings is drawn forward to 10 am, in line with the rest of the week. • Reference to external drinking has been removed from the answer to question 5 and the following narrative. • Reference to ‘bar’ has been removed from the narrative following question 5. • Reference to AWP has been replaced with the term ‘gaming machine’ in the narrative following question 5. • Reference to a ‘bar area’ in the answer to 6 (b), (d) and (e) has been omitted as no ‘bar area’ will form part of the redeveloped site. • The capacity information in question 7 has been varied as follows: o Reduction in overall capacity from 499 to 296 . o Reduction in off-sale display area from 7.2 m2 to 1.3 m2 o Increase ‘Resident occupancy’ from 195 (65 rooms) to 228 (76 rooms) Page 109 of 172
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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 Payment can be made by cheque made payable to North Lanarkshire Council or by credit/debit card by telephone 01698 302360. Contact for enquiries: LicensingBoard@northlan.gov.uk Complete and return to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell ML1 1AB Page 111 of 172
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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 112 of 172
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OFFICIAL OFFICIAL Anti-Social Behaviour Report (Premier Inn, 4 South Muirhead Road, Cumbernauld) (Dates: 01/08/2024 – 31/07/2025) In terms of Section 21(3)(b) of the Licensing (Scotland Act, 2005, I now provide, as requested by the Licensing Board, a report detailing all cases, complaints and representations within the relevant period concerning anti-social behaviour on the premises or within a 50 metre radius of the premises: Incidents Count Public Nuisance 1 (PS-20250420-1029) Drugs / Solvent abuse 0 Disturbances 2 (PS-20250504-1508 & PS-20250504-1844) Drinking in public places 0 Assault 0 Damage to property 0 Neighbour Dispute 0 Noise Complaint 0 Crime Reports (Including Fixed Penalty Tickets) Count Breach of the Peace (inc. racial etc. aggravations and Criminal Justice Licensing (S) Act 2010 Section 38) 0 Culpable and Reckless Conduct 0 Drunk & Incapable [Civic Govt.(S) Act 1982 Section 50(1)] 0 Drug related offences 0 Assaults 0 Indecent Assault 0 Street Drinking 0 Urinating [Civic Govt.(S) Act 1982 Section 47] 0 Vandalism (including fireraising and malicious mischief) 0 Riotous behaviour while Drunk on Licensed Premises [Licensing (S) Act 2005 Section 78] 0 Refuse to leave Licensed Premises [Licensing (S) Act 2005 Section 79] 0 APPENDIX 2 Page 113 of 172
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Item 7 Page 115 of 172
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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 116 of 172
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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 Neil Miller in respect of premises at 37 Clark Street, Airdrie, ML6 6DH in respect of the following: 2.1.1 Change the name of the Premises to La Cabra 2.1.2 Add off sales to operating plan 11am-10pm 7 days per week 2.1.3 Add home deliveries to operating plan 2.1.4 Alter core hours to read 11am-12 midnight Monday to Thursday and Sunday 11am-1am Friday to Saturday 2.2 In relation to the application, the Licensing Board is asked to note: 2.2.1 that following all necessary and appropriate consultation, two formal objections 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 117 of 172
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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 – 37 Clark Street, Airdrie, ML6 6DH. 4.2 Appendix 2 – Formal Objections received from NHS Lanarkshire and Planning. Name Rachel Blair Title Clerk to the Licensing Board Page 118 of 172
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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 X No If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes X No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes X 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 119 of 172
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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 120 of 172
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NORTH LANARKSHIRE LICENSING BOARD APPLICATION FOR TRANSFER OF PREMISES LICENCE With Variation of the Licence *Delete as appropriate Application for transfer of licence (either by licence holder or other) including an application for a non minor variation. FEE: £192 Application for transfer of licence (either by licence holder or other) including an application for a minor variation. FEE: £66 Application for transfer of licence (either by licence holder or other) not including an application for variation. FEE: £41 Cheques made payable to North Lanarkshire Council. Application form to be completed and returned to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB Is the application made in terms of Section 33 of the Licensing (Scotland) Act 2005? [by the current licence holder] YES/NO* Is the application made in terms of Section 34 of the Licensing (Scotland) Act 2005? [by someone other than the current licence holder] YES/NO* Is the applicant applying for a variation with the transfer application YES/NO* APPLICANT INFORMATION Question 1 Is the applicant the current licence holder? NO If NO, please complete Questions 2, 3 and 4 below. APPENDIX 1 Page 121 of 172
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2 If YES, please provide the name, address, postcode, and contact telephone number of the current licence holder in the box below. Then provide the details of the proposed licence holder at the relevant space in Questions 1(a) to 1(f). Current Licence Holder Details: 1(a) Where the proposed transferee is an individual, provide full name, date and place of birth, home address including postcode, telephone number and e-mail address 1(b) Where the proposed transferee is a partnership, please provide full name and postal address of partnership 1(c) Where the proposed transferee is a company, please provide name, registered office and company registration number and a contact address 1(d) Where the proposed transferee is a club or other body, please provide full name and postal address of club or other body Page 122 of 172
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3 1(e) Where the proposed transferee 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 1(f) If the proposed transferee is a members club, does the club's Constitution and Rules conform to the requirements of the Licensing (Clubs) (Scotland) Regulations 2007? YES/NO Please submit a copy of the club Constitution and Rules with this application If you have completed Question 1 now to to Question 5 Question 2 Has the licence holder:- (a) Died YES/NO* If YES, please attach the death certificate and either the Will appointing you as Executor or the Document specifying your entitlement to act as Executor (b) Become incapacitated YES/NO* If YES, please provide the date of Incapacity and attach the Power of Attorney or produce authority entitling you to make application under Section 34 of the Licensing (Scotland) Act 2005 (c) Become insolvent YES/NO* If YES, please provide the date of insolvency and attach evidence of your authority to act (d) Been dissolved YES/NO* If YES, please provide the date of dissolution and attach evidence of your authority to act. Page 123 of 172
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4 (e) Transferred the business in the premises to another person YES If YES, please provide a letter from the licence holder or his solicitor confirming the date of transfer of the BUSINESS and the date of transfer Question 3 – LATE TRANSFER 3. Are you lodging this application for transfer within 28 days of the death or other event outlined above? YES If NO, please attach a letter explaining why this application was not made within 28 days NOTES (1) Where the events a)-d) above happen, the Premises Licence itself ceases to have effect unless, within 28 days of the occurrence of the event, an application for the transfer of the licence is made under Section 34. (2) The 28 day limit on applications applies to a)-e), so the time limit applies to business transfers too. Question 4 – DETAILS OF THE TRANSFEREE (ie applicant) 4(a) Where applicant is an individual, provide full name, date and place of birth, home address including postcode, telephone number and e-mail address 4(b) Where applicant is a partnership, please provide full name, and postal address of partnership Page 124 of 172
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5 4(c) Where applicant is a company, please provide name, registered office and company registration number and a contact address La Cabraairdrie Ltd 4(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body 4(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* Antonio Gonzalez *Connected person is defined in Section 147(3) of the Licensing (Scotland Act 2005 4(f) If the applicant is a Members' Club, does the club's Constitution and Rules conform to the requirements of the Licensing (Clubs) (Scotland) Regulations 2007? YES/NO* Please submit a copy of your Constitution and Rules with this application Question 5 – PREVIOUS APPLICATIONS 5(a) Has the transferee or any other Connected Person ever held a licence under the Licensing (Scotland) Act 2005 for Premises anywhere in Scotland? YES Page 125 of 172
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8 Question 7 – DETAILS OF PREMISES Please provide full name, address, postcode and licence number of the premises 37 Clark Street Airdrie ML6 6DH Premises License number 827 7(a) Is the premises licence submitted along with this application NO 7(b) If NO, please provide a statement of reasons for failure to produce the licence Apologies hard copy lost by previous owner, several requests made to try and trace it proved unsuccessful. Do you wish to apply for a variation of the licence with the transfer application? YES If NO, please complete the declaration at the end of the form If YES, please continue to complete the following questions Is the transfer Application dependent on the grant of the variation? NO NOTE: If YES, the Licensing Board must determine the Variation Application before determining the Transfer Application, and if NO, the Board must determine the Transfer Application before determining the Variation Application. In either case, if the Board refuses the First Application then the Second Application automatically falls. Question 8 8(a) Is the variation to substitute another person as the premises manager? YES 1 In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of Section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant or foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application Page 127 of 172
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9 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. Luke Canning EDC 1472 8(b) Do you wish the application to have immediate effect? YES Question 9 9(a) Is the variation to the layout plan? NO 9(b) If YES, please (1) attach seven sets of plans showing the proposed new layout of the premises; and (2) describe the variation to the plan Question 10 Describe other variation(s) sought 1. Change the name of the premises to La Cabra 2. Add off sales to operating plan 11am-10pm 7 days a week.. 3. Add home deliveries to operating plan. 4. Alter core hours to read 11am-12 midnight Monday-Thursday and Sunday and 11am - 01.00am Friday and Saturday Question 11 Page 128 of 172
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10 11(a) Has there been a previous application for variation for these premises in the past year (including any time before the current licence holder acquired them)? NO If NO, please complete the declaration at the end of the form. 11(b) If YES, was that previous application refused YES/NO 11(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: 11(d) If there has been a Board decision to refuse in the one year before the date of lodging of 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 (2) The Board is satisfied that there has been a material change of circumstances since the earlier refusal PLEASE COMPLETE THE DECLARATION BELOW DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please specify in what capacity The contents of this Application are true to the best of my knowledge and belief Signature Neil Miller ............................................... *(see note below) Date 08/01/2025 ............................................. Capacity NMLC LICENSING CONSULTANCY :tel email ..................... AGENT (delete as appropriate) Page 129 of 172
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11 *Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 130 of 172
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Date: 14 May 2025 Dear Sir/Madam LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR NON MINOR VARIATION PREMISES: La Cabra, Airdrie, ML6 6DH 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 how off sales of alcohol 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 for off sales consumption 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 Gartlea already have a high provision of alcohol outlets and are in the highest 60% for off sales and highest 20% for overall alcohol premises density in Scotland (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. This research found: • Alcohol-related death rates in the neighbourhoods with the most off-sales outlets were 80% higher than in neighbourhoods with the least. • Alcohol-related hospitalisation rates in the neighbourhoods with the most alcohol outlets were double those in neighbourhoods with the least. • Crime rates in the neighbourhoods with the most alcohol outlets were 3.3 times higher than in neighbourhoods with the least. 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 133 of 172
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• The link between alcohol outlet availability and harm was found even when other possible explanatory factors, such as age, sex, urban/rural status and levels of income deprivation, had been taken into account.v Across Scotland and North Lanarkshire 20% of the adult population self-report as drinking alcohol to hazardous or harmful levels.vi Figure 1 outlines the most recent alcohol related hospital admissions for the Gartlea intermediate datazone compared to North Lanarkshire and Scotland .For the most recent year the rate of admissions per 100,000 population are significantly above the North Lanarkshire and Scottish rates at 1395.4 (CI 957.9-1960.7) versus 715.4 (CI 687-744.6) for North Lanarkshire and 548.5 (CI 542.2-554.8) for Scotland as a whole.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 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 There is little control over how alcohol is consumed through delivery services, compared to on-sales, and we are concerned that including delivery of alcohol from Page 134 of 172
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vi https://www.gov.scot/publications/scottish-health-survey-2023-volume-1-main-report/ vii https://scotland.shinyapps.io/ScotPHO_profiles_tool/ viii Alcohol change UK (2024) Handle with care: the need for responsible alcohol delivery. https://alcoholchange.org.uk/publication/research-summary-the-need-for-responsible-alcohol-delivery ix Alcohol Focus Scotland (2022)) Online Alcohol Sales & Deliveries: A survey of young people in Scotland https://www.alcohol-focus-scotland.org.uk/resources/online-sales-and-deliveries-of-alcohol.pdf x Alcohol change UK Delivering a problem? Online sales and deliveries of alcohol (2022) https://alcoholchange.org.uk/publication/delivering-a-problem-online-sales-and-deliveries-of-alcohol Page 136 of 172
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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: Stuart Wilson Tel: 01236 632500 E-mail: ESPlanning@northlan.gov.uk Date: 2 May 2025 Planning Report Licensing (Scotland) Act 2005 Application for: Non-Minor Variation of a Premises Licence Applicant name: La Cabra Airdrie Ltd Premises name and address: La Cabra Spanish Tapas, 37 Clark Steet, Airdrie, ML6 6DH Comments :- I object to the above application due to Condition 4 of the current planning permission. Planning Permission Reference: 08/00405/FUL Date of issue: 17/07/2008 Relevant conditions: For the avoidance of doubt, the permitted use, hereby permitted, is for a Class 3 - Food and Restaurant use within the Town and Country Planning (use Classes) (Scotland) Order 1997 only and does not include use as a hot food takeaway. Officer : Stuart Wilson Page 137 of 172
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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 140 of 172
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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 Neil Miller in respect of premises at Condorrat Bowling Club, 22 Rannoch Court, Condorrat, Cumbernauld, G67 4LS and is for the following: 2.1.1 Children and young persons, 0-17 years are permitted access to designated family areas when accompanied by an adult for the purpose of sporting and social events. 2.1.2 Children and young persons, 0-17 years are permitted in family areas until 10pm, and young persons and children attending a function for whole core hours. 2.1.3 Children and young persons have access internally to the designated family area and beer garden area as reflected in the layout plan. 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 141 of 172
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Measures of success 2.3 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 3. Supporting documentation 4.1 Appendix 1 - Application to Vary Premises Licence – Condorrat Bowling Club, 22 Rannoch Court, Condorrat, Cumbernauld, G67 4LS. Name Rachel Blair Title Clerk to the Licensing Board Page 142 of 172
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4. 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 143 of 172
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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 144 of 172
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North Lanarkshire Council Report North Lanarkshire Licensing Board Does this report require to be approved? ☒ Yes ☐ No Ref RB/CJ Date 22/08/25 North Lanarkshire Licensing Board – Future Dates From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 1. Background 1.1 Under the Licensing (Scotland) Act 2005, each local authority must establish a Licensing Board to oversee the regulation of alcohol licensing within its jurisdiction. These Boards operate independently and are governed by the provisions of the Act and associated statutory instruments. Executive Summary The purpose of this report is to establish the meeting schedule for North Lanarkshire’s Licensing Board (“the Board”) in alignment with the Council’s meeting timetable through to March 2027. Recommendations It is recommended that Board: 1. Agrees that the meetings of the Board remain on a monthly schedule and convene at the dates and time as detailed within the report; 2. Agrees that in advance of the Board meeting, a pre meeting be convened at 9:30am; 3. Agrees that should further business arise during these timescales, the Clerk to the Board in conjunction with the Chair, make the appropriate arrangements for a meeting to be convened; and 4. Agrees that in the absence of any business for consideration by the Board, the scheduled meeting be stood down. The Plan for North Lanarkshire Priority Enhance participation, capacity, and empowerment across our communities Ambition statement (20) Improve the involvement of communities in the decisions, and development of services and supports, that affect them Programme of Work Statutory / corporate / service requirement Item 9 Page 153 of 172
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2. Report 2.1 The Board at its meeting held on 31 May 2024, approved the dates of the meetings up until and including 22 August 2025. 2.2 It was also agreed that meetings be held on a monthly cycle, and in the event that there was no business for consideration by the Board, the meeting be stood down, and alternatively if there was additional business to be considered during the timeframe, the Clerk to the Board, after consultation with the Chair, make the necessary arrangements for an additional meeting to be convened. 2.3 Looking ahead, future meetings of the Board need to be scheduled. It is proposed that Board meetings be aligned with the Council’s approved timetable of meetings, covering the period from 26 September 2025 to 27 March 2027. Aligning the Board’s schedule with that of the Council ensures a consistent and coordinated approach to governance, enabling continuity in decision-making and allowing matters to be considered within the current Council administration’s term. 2.4 It is proposed that the same arrangements continue for future Board meetings, whereby meetings are scheduled on a monthly basis, with the flexibility to stand down any meeting where there is no business requiring consideration. Similarly, should additional business arise, the Clerk to the Board, in consultation with the Chair, will make the necessary arrangements to convene an additional meeting within the relevant timeframe. It is further proposed that all meetings of the Board will be held within the Civic Centre, Motherwell commencing at 10am on the undernoted dates: 2.5 To support effective preparation and informed discussion, it is further proposed that a pre-meeting be convened at 9:30 a.m. on the day of each scheduled Board meeting. This will provide members with an opportunity to raise any matters arising in respect of the business to be considered and to seek clarification or advice from the Clerk to the Licensing Board. This proactive approach is intended to support effective decision- making and enhance the efficiency of the Board’s formal proceedings. 2025 26 September 2025 28 November 2025 31 October 2025 19 December 2025 2026 30 January 2026 28 August 2026 27 February 2026 25 September 2026 27 March 2026 30 October 2026 8 May 2026 27 November 2026 29 May 2026 18 December 2026 26 June 2026 2027 29 January 2027 26 February 2027 26 March 2027 30 April 2027 Page 154 of 172
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3. Measures of success 3.1 The success of the proposed meeting schedule and associated arrangements will be measured by the following outcomes: 3.1.1 Effective Governance: Meetings of the Board are scheduled in a timely and structured manner, supporting transparent and accountable decision-making in line with statutory duties. 3.1.2 Business Continuity: A consistent monthly cycle of meetings, with the flexibility to stand down or convene additional meetings as required, ensures that all relevant business is dealt with efficiently and without unnecessary delay. 3.1.3 Elected Member Preparedness: The introduction of pre-meetings supports informed discussion and contributes to improved engagement, deliberation and decision-making by Board members. 3.1.4 Responsiveness and Flexibility: The arrangements enable the Board to respond effectively to emerging or time-sensitive matters, through the ability to schedule additional meetings in consultation with the Chair and Clerk. 4. Supporting documentation 4.1 None. Rachel Blair Clerk to North Lanarkshire Licensing Board Page 155 of 172
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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? Scheduling future meetings of the Licensing Board ensures compliance with statutory duties and supports the effective discharge of the Board’s responsibilities under licensing legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Page 156 of 172
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 157 of 172
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North Lanarkshire Council Report Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 22/08/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary This report presents, for North Lanarkshire Licensing Board’s consideration and approval, the proposed Annual Functions Report for the financial year 2024/25, in accordance with Section 9A of the Licensing (Scotland) Act 2005. Recommendations It is recommended that North Lanarkshire Licensing Board: 1. Approves the Annual Functions Report 2024–2025 as set out in Appendix A; and 2. Authorises publication of the approved report in compliance with statutory requirements. 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 Section 9A of the Licensing (Scotland) Act 2005 requires Licensing Boards to prepare and publish an Annual Functions Report no later than three months following the end of each financial year. 1.2 The Annual Functions Report outlines how the Board has discharged its statutory responsibilities during the reporting period and supports transparency, accountability, and public confidence in licensing. 2. Report 2.1 The Annual Functions Report for 2024/25, provided at Appendix A, covers the period from 1 April 2024 to 31 March 2025. 2.2 In accordance with legislative requirements, the Annual Functions Report details: 2.2.1 An explanation as to how the Board has had regard to the licensing objectives; Licensing Board Licensing Board Annual Functions Report – Year Ending 31 March 2025 Item 10 Page 159 of 172
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2.2.2 An explanation as to how the Board has had regard to its policy statement and any supplementary policy statement (including its overprovision assessment); 2.2.3 A summary of the decisions made by, or on behalf, of the Board, and 2.2.4 Information about the number of licences held under the Licensing (Scotland) Act 2005 in the Board’s area, including occasional licences. 2.3 The Annual Functions Report may also contain other information about the exercise of the Licensing Board’s functions, at the Board’s discretion. 2.4 The Annual Functions Report in respect of the period from 1 April 2024 to 31 March 2025 required to be published by 30 June 2025. 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 – Annual Functions Report 2023 - 2024 Name Rachel Blair Title Clerk to the Licensing Board Page 160 of 172
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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 Approval and publication of the Annual Functions Report 2024/25 will ensure the Licensing Board complies with its statutory obligations under Section 9A of the Licensing (Scotland) Act 2005 and mitigates the risk of legal challenge arising from non-compliance. 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 161 of 172
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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 162 of 172
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NORTH LANARKSHIRE’S LICENSING BOARD The Licensing (Scotland) Act 2005 Annual Functions Report 2024-2025 Clerk to the Licensing Board North Lanarkshire Council Civice Centre Windmillhill Street Motherwell ML1 1AB Page 163 of 172
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1. Introduction 1.1 North Lanarkshire’s Licensing Board (“the Board”) is the statutory licensing authority for the North Lanarkshire area under the Licensing (Scotland) Act 2005 (“the Act”). The Board comprises ten members, all of whom are Elected Members of North Lanarkshire Council. 1.2 North Lanarkshire is located in the West of Scotland, with a population of approximately 341,000 residents, making it one of the largest unitary authority areas in the country. The principal population centres are: 1.1.1 The Southern Area – Bellshill, Motherwell, Shotts and Wishaw; 1.2.2 The Central Area – Airdrie and and Coatbridge; and 1.2.3 The Northern Area – Cumbernauld and Kilsyth. 1.3 The Board is responsible for the consideration of applications for: 1.3.1 premises licences; 1.3.2 occasional licences; 1.3.3 temporary licences; 1.3.4 provisional licences; 1.3.5 personal licences; 1.3.6 variation of licences; 1.3.7 review of licences; 1.3.8 transfers of licences; and 1.3.9 extensions of licensing hours. 1.4 These functions relate to the regulation of 1.4.1 the sale of alcohol by retail; and 1.4.2 the supply of alcohol in members’ clubs. 1.5 At the close of the reporting period, there were 704 licensed premises within North Lanarkshire. 2. The Licensing Objectives 2.1 The Act establishes five licensing objectives:- 2.1.1 preventing crime and disorder; 2.1.2 securing public safety; 2.1.3 preventing public nuisance; 2.1.4 protecting children and improving public health; and 2.1.5 protecting children and young persons from harm. Page 164 of 172
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2.2 The Board is committed to upholding each objective equally and sets out its approach in its Statement of Licensing Policy. This policy aims to ensure that both licence holders and the public are fully informed of the Board’s expectations regarding the operation of licensed premises. 2.3 The Board’s Licensing Policy includes information about overprovision, its policy on licensed hours and its approach in relation to the admission of children and young persons. 3. Annual Functions Report 3.1 This report covers the Board’s activities from 1 April 2024 to 31 March 2025. 3.2 In compliance with section 9A of the of the Act, this report includes: 3.2.1 a statement explaining how the Board has had regard to the licensing objectives; 3.2.2 the Board’s policy statement in the exercise of their functions under the Act; 3.2.3 a summary of the decisions made by the Board; and 3.2.4 information about the number of licences held in the Board’s area including occasional licences. 3.3 The Board held nine ordinary meetings during the year. Applications considered at these meetings are summarised below: Date Meeting type Premises/ Provisional Licence Applications Variation Of Premises Licence Applications Personal Licence Applications Personal Licence Hearings Premises Licences Review Hearings 19 April 2024 Ordinary 0 5 0 1 0 31 May 2024 Ordinary 4 2 0 0 0 21 June 2024 Ordinary 0 0 0 0 13 20 September 2024 Ordinary 0 2 0 1 1 25 October 2024 Ordinary 0 0 0 0 0 29 November 2024 Ordinary 0 3 0 0 1 21 January 2025 Ordinary 2 2 0 0 1 28 February 2025 Ordinary 1 2 0 1 2 28 March 2025 Ordinary 2 4 0 1 1 Totals 9 20 0 4 19 3.4 Applications that did not require a Board hearing were determined by the Clerk to the Licensing Board in accordance with delegated powers. In 2024/25, the Clerk granted: 3.4.1 448 occasional licences; and 3.4.2 264 personal licences. Page 165 of 172
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4. Decisions of the Board 4.1 All applications are considered on their individual merits, with due regard to the Act, the licensing objectives, and the Board’s policy statement.. 5. Licensed Hours 5.1 The Board recognises that licensed hours are critical to operators but also acknowledges the potential impact of opening hours on local communities. 5.2 Licensed hours are determined in accordance with the type of operation, as detailed in the Statement of Licensing Policy. 6. Licensing Board Training 6.1 In accordance with the Act, all Board members must complete an accredited training qualification within three months of their election. All members have completed this requirement, with training delivered by Alcohol Focus Scotland. 6.2 Ongoing updates are provided from a range of sources to ensure members remain fully informed of legislative and policy developments. 7. The Local Licensing Forum 7.1 The Licensing Forum comprises Licensing Standards Officers, representatives of the licensed trade, licence holders, and Police Scotland. The Board maintains a constructive partnership with the Forum and provides statistical data regularly. The Board acknowledges the Forum’s valuable contribution to local licensing matters. 8. Financial Statement of the Board 8.1 The Board’s Financial Statement is published on the Council’s website. 9. Staff who Service the Board 9.1 Officers supporting the Board undertake appropriate licensing training and participate in relevant professional networks. 10. Review of Licensing Policy Statement 10.1 In preparing its Statement of Licensing Policy, the Board consulted with statutory partners, licence holders, and the public. Although the public consultation response was limited, further engagement is planned. 11. Conclusion 11.1 The Board is committed to administering licensing in North Lanarkshire in a fair, transparent and proportionate manner, with due regard to its statutory responsibilities and the licensing objectives. Page 166 of 172
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North Lanarkshire Council Report Does this report require to be approved? ☒ Yes ☐ No Ref REB/CJ Date 22/08/2025 From Rachel Blair, Clerk to the Licensing Board E-mail blairr@northlan.gov.uk Telephone 01698 302360 Executive Summary North Lanarkshire Licensing Board is required in terms of section 9B of the Licensing (Scotland) Act 2005, on an annual basis, to publish an annual report detailing the Licensing Board’s relevant income and expenditure in the previous financial year. Recommendations It is recommended that the Licensing Board approves that the draft statement of income and expenditure report 2024-2025 at Appendix 1 is suitable for publication. 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 is required to publish an annual report detailing the Licensing Board’s relevant income and expenditure in the previous year. 1.2 The Licensing Board’s approval of the statement of income and expenditure at Appendix 1 is sought to enable the above requirement to be met. 2. Report 2.1 The Licensing Board is required to publish an annual report detailing the Licensing Board’s relevant income and expenditure in the previous year. “Relevant income” includes income received in connection with Board’s liquor licensing function “relevant expenditure” includes expenditure incurred by the Board, the Council and the Licensing Standards Officers. The statement also requires to contain an explanation of how the amounts set out in it have been calculated. 2.2 The statement of income and expenditure report in respect of the period from 1 April 2024 to 31 March 2025 requires to be published by 30 June 2025. Licensing Board Statement of Income and Expenditure 2024-2025 Item 11 Page 167 of 172
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2.3 The Licensing Board’s approval of the statement of income and expenditure at Appendix 1 is now sought to enable the above requirement to be met. 3. Measures of success 3.1 Publication of the statement of income and expenditure ensure compliance with the licensing legislation. 4. Supporting documentation 4.1 Appendix 1 – Income and Expenditure Report 2024-2025 Name Rachel Blair Title Clerk to the Licensing Board Page 168 of 172
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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? Approval and publication of the annual statement of relevant income and expenditure is a statutory requirement 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 169 of 172
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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 170 of 172
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NORTH LANARKSHIRE LICENSING BOARD INCOME AND EXPENDITURE REPORT 2024/2025 The North Lanarkshire Licensing Board is required under section 9B of the Licensing (Scotland) Act 2005 to publish an annual financial report within three months of the end of the relevant financial year. This report has been prepared using financial data taken on 31 March 2025. The financial statement is as follows: 1 Denotes income from applications and annual fees received under the Licensing (Scotland) Act 2005. 2 Denotes salary, superannuation, national insurance and pension costs associated with the Licensing Standards Officers, Clerk and other Legal and Democratic staff responsible for administration support under paragraph eight of Schedule 1 to the Licensing (Scotland) Act 2005. 3 Denotes the portion of central administrative costs allocated to the Licensing Board budget. Income £ Income (licensing fees)1 £314,977 Total £314,977 Expenditure £ Staff costs (LSO) 2 £37,698 Staff Costs (Other) 2 £176,466 Transport £59 Property Costs Suppliers (ICT Expenditure) £15,384 Overheads (Admin Costs) 3 £91,985 Departmental Recharges £91,985 Total £339,011 Difference between income and expenditure surplus/deficit (-£24,034) Page 171 of 172
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