Agenda Document Pack - Licensing Board - 24/11/2023
North Lanarkshire Council · 24 November 2023
Back to Licensing Board — 24 November 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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17 November 2023 Members of the Licensing Board Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Licensing Board is to be held in the Committee Room 1, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Friday, 24 November 2023 at 10:30 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Richard Llewellyn Clerk Telephone: 07939284642 Clerk Email: llewellynr@northlan.gov.uk S Coyle, Michael Coyle (Vice-Chair)D Crichton, K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 14
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Agenda (1) Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 Licensing (Scotland) Act 2005 Applications for the Grant of Provisional Premises Licence Where the applicant has been cited to appear (2) Provisional Premises: SPAR, 60 Clark Street, Airdrie ML6 6DW Applicant: MKA Commercial Ltd Applications for Variation of Premises Licence Where the applicant has NOT been cited to appear (3) Premises: Eagle Inn, 351 Bank Street, Coatbridge ML5 1EJ Applicant: Barvap (Eagle Inn) Ltd (4) Premises: 3 Main Road, Condorrat, Cumbernauld G67 4BT Applicant: Wendy Stephen (5) Premises: Windmill, 2 Thorniewood Road, Uddingston G71 5QQ Applicant: Mitchells and Burler Retail Ltd (6) Premises: Spur Hotel, 1 Main Street, The Village, Cumbernauld G67 2RR Application: Sharon Ann Anderson (7) Premises: Burnhead Bowling Club, 2 Sycamore Avenue, Viewpark, Uddingston G71 5EX Applicant: Burnhead Bowling Club Applications for the Grant of a Personal Licence Where the applicant has been cited to appear (8) Michelle Gallacher (9) James Rodgers Mearns (10) Police Scotland - Annual Licensing Report 2022/23 5 - 14 Any Other Business Page 3 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 1 OFFICIAL North Lanarkshire Licensing Report 2022-2023 Item (10) Page 5 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 2 OFFICIAL Foreword It gives me great pleasure to provide the Annual Licensing Report for 2022/23, in accordance with Section 12(A) Licensing (Scotland) Act 2005. Police Scotland has continued to achieve success by focussing on prevention, early intervention and enforcement. This has been made far more effective with the continued support of the many active partnerships that exist within the 32 Local Authorities across Scotland. This collaborative working is vital to ensuring a fair and consistent approach to licensing while focussing on preventing alcohol fuelled violence, disorder and antisocial behaviour. In the year ahead our approach will remain focused on prevention and collaboration to ensure efficient and effective service delivery. I will continue to encourage officers and staff to utilise the range of options available to improve licensing standards, reduce violence and to positively influence behaviour and attitudes across Scotland. I would like to take this opportunity to thank our local partnerships and acknowledge their contribution in continuing to drive improvements with the Licensed Trade, and for the communities we all serve. Sir Iain Livingstone QPM Chief Constable Police Service of Scotland Page 6 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 3 OFFICIAL Police Scotland Licensing Overview – The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within Partnerships Prevention & Community Wellbeing based at Dalmarnock Police Station, Glasgow. The VPLCU upholds the two tier structure for licensing which supports both national and local priorities through service delivery. They have overall responsibility for determining and delivering national licensing strategy and policy, by providing advice, guidance and support to divisional licensing teams as well as undertaking other specialist functions. The Violence Prevention and Licensing Co-ordination Unit is a specialist department which consists of a small team of officers, based in Glasgow. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide practical and tactical advice to police licensing practitioners, operational officers, supervisors and policing commanders. The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the illegal or irresponsible sale, supply or consumption of alcohol with the intention of preventing and reducing crime and disorder. During 2022/2023, from a licensing perspective, our particular focus was on the following; Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises. Governance and ongoing development of the National ICT Licensing System, known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor and civic licensing administration and management. Police Scotland are currently working on upgrade to the National ICT system to ensure compliance with GDPR legislation. Each of the 13 Local Policing Divisions have a licensing team responsible for the day to day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area. Page 7 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 4 OFFICIAL LICENSING BOARD AREA The Licensing Board area is policed by Lanarkshire Division Chief Superintendent Stevie Dolan is the Local Police Commander who has the responsibility for all day-to-day policing functions. Local Policing Priorities Following our public consultation process, the policing priorities for Lanarkshire Division, as set out in our Local Policing Plan are as follows; Protecting our communities Safeguarding our citizens Enhancing our service Where together the consolidated ambition is to improve the safety and wellbeing of the people, and communities in Lanarkshire Description of Board Area North Lanarkshire serves approximately 340,180 people and covers a 181.4 square miled area. This is a diverse area which encompasses a mixture of urban, rural and isolated settlements. North Lanarkshire area covers urban towns namely Motherwell, Bellshill, Wishaw, Shotts, Coatbridge, Airdrie, Cumbernauld and Kilsyth, together with numerous smaller towns and villages. Policing of this area has to be tailored to the diverse communities involved ensuring their needs and expectations are met. The area encompasses Strathclyde Country Park which holds large scale events which require a considerable policing commitment. North Lanarkshire area is subject to some social and economic challenges which results in an ever-changing policing environment. North Lanarkshire Policing Division has 2 territorial command areas with each having it’s own dedicated Area Commander who has responsibility for all the day-to-day policing functions in their area: Superintendent Thomson Partnerships Superintendent Higgins Operations Superintendent Gallacher Support and Service Delivery Page 8 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 5 OFFICIAL Chief Inspector Smith Service Delivery Chief Inspector Baillie Area Commander Motherwell/Wishaw/Bellshill/Shotts Chief Inspector McCallum Area Commander Monklands and Cumbernauld The officers who hold specific responsibility for licensing within North Lanarkshire are: Inspector MacLeod Head of Department Sergeant Brown Licensing Sergeant OPERATION OF THE LICENSING (SCOTLAND) ACT 2005 This section of the report concentrates on how the Act has been applied by the Licensing Department and other police officers to support the licensing objectives in conjunction with local and national policing objectives. The misuse of alcohol is regularly cited as a contributory factor in relation to crimes of violence, domestic abuse, disorder and antisocial behaviour occurring on our streets and within our homes. In addition, alcohol is also known to lower inhibitions and can render an individual as much a victim as a perpetrator of crime. Police Scotland deal with numerous incidents of this nature every day. Our purpose is to improve the safety and wellbeing of people, places and communities in North Lanarkshire ensuring we focus on Keeping People Safe. Police Scotland endeavour to address local policing issues at the earliest possible opportunity and this is achieved through the close working relationships between local community policing, Local Authority departments and numerous partnership agencies. Police officers and members of Police staff who work within Lanarkshire Licensing Department pride themselves on their close working relationship with a number of partner agencies, including; North Lanarkshire Council, NHS, Scottish Fire and Rescue Service, Home Office Immigration Enforcement, HMRC and North Lanarkshire Local Licensing Forums, addressing all alcohol related issues. Partnership working is fundamental within North Lanarkshire. The fuel crisis has had a profound effect on the way in which licensed premises are operating. Premises are complaining of the lack of footfall and at times having to close early providing them with new challenges. As a result of Covid there has been a noticeable increase of applications for permanent outdoor seating areas in the form of variations to their operating plans. Page 9 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 6 OFFICIAL “Pubwatch” continues to grow across Lanarkshire Division offering an opportunity for stakeholders such as Rape Crisis attending to offer guidance and supply literature to be displayed in licensed premises. This has been extremely receptive by the publicans. In addition, Lanarkshire Division continue to deliver Bystander training and Crime Scene Management inputs to increase the awareness and safety at these venues, recently introducing role play scenarios. Every crime and incident relating to a licensed premise in North Lanarkshire is reviewed by Lanarkshire Division Licensing Department. This leads to a consistent problem solving and educational approach and promotes best practice. This has resulted in a significant reduction in crime and disorder within licensed premises in North Lanarkshire and a significant factor in the reduction in premises brought before the North Lanarkshire Licensing Board. Through the use of the analytical products arising issues are closely monitored and discussed regularly between partners to ensure relevant action is taken. This results in joint visits being carried out to resolve licensing issues at the earliest possible opportunity. Lanarkshire Licensing Department officers conduct thorough and robust enquiries into the suitability of applicants or any other relevant connected persons when they receive applications for the grant or transfer of a premises licence. These investigations ensure that persons involved in the licensed trade within North Lanarkshire are legitimate business persons. The process for applications for personal licences conforms to a similar process. PREVENTING THE SALE OR SUPPLY OF ALCOHOL TO CHILDREN OR YOUNG PEOPLE Lanarkshire Licensing Officers and North Lanarkshire Licensing Standards Officers have an excellent working relationship which allows them to undertake regular Licensing Operations. Lanarkshire Licensing Division officers continue to conduct dynamic visits to problematic off-sales premises to provide practical and tactical advice to Personal Licence holders and all staff working within these premises. No persons in the last year have been reported to the Procurator Fiscal for selling alcohol to a child under Section 102 Licensing Scotland Act 2005 in North Lanarkshire. There have not been any detections for the purchase of alcohol by or for a child or young person under Section 105 Licensing Scotland Act 2005 in 2022/23 in the North Lanarkshire area. Despite these encouraging statistics underage drinking remains a concern and based on the success achieved by national projects, such as, “It’ll Cost You” Police Page 10 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 7 OFFICIAL Scotland continues to work with the Scottish Alcohol Industry Partnership (SAIP) supporting the national roll-out of the next proxy purchase campaign. This campaign is led by the Scottish Alcohol Industry Partnership, Police Scotland and Local Council, Trading Standards, Licensing Standards Officers, Community Learning and Development. The partnership has 3 main aims – Educate, Engage and Enforce. Lanarkshire Police are focussing on 3 core strands, namely, Disrupt, Detect and Deter. By utilising analytical mapping and engaging with a wide variety of community stakeholders, including local schools and retailers, repeat locations can be identified and relevant action taken. Based on the success of “It’ll Cost You”, Lanarkshire Licensing are awaiting new advertising literature to help communicate the campaign’s message and expand the message across Lanarkshire. Bottle Marking Schemes will be re-introduced throughout the North Lanarkshire area coming into the better weather. The aim of the scheme is to identify anti-social and underage drinking trends with a view to targeting and resolving identified problem areas. Through utilising this focused partnership approach on specific premises and locations, it is known to effectively reduce the irresponsible sale, supply and consumption of alcohol keeping people safe and protecting young persons from harm. Where offences are detected this forms the foundations of any subsequent action to remove irresponsible practitioners from the licensed trade. TACKLING SERIOUS AND ORGANISED CRIME Lanarkshire Licensing in conjunction with Community policing and local intelligence officers continue to identify and attend premises for the purpose of carrying out inspections. These inspections are planned and based on relevant local intelligence or when any offences have been identified. Applications for grants of a personal licence and premises licence along with any variations or grant of provisional licences are all processed within Lanarkshire Licensing Department. Any activity identified that is not in keeping with the Licensing objectives is shared with North Lanarkshire Licensing Board and can often involve Serious and Organised Crime (SAOC). A recent example of a personal licence being refused on the grounds of the applicant having a pending case for Proceeds of Crime Act 2002 sections 327, 329 and Criminal Justice & Licensing (Scotland) Act Section 28 (1) Conn-Serious Crime (Involvement in Serious Organised Crime). Page 11 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 8 OFFICIAL Police identified apparent money laundering activity involving the applicant. The applicant was charged with transferring a combined total of £83,133 contrary to the Proceeds of Crime Acts 2002 Section 327 (1) and Section 329 (1). He was further charged in being involved with 3 other males in serious organised crime in actions in which he suspected or knew would enable or further the commission of serious organised crime by instructing the deposits of cash to specific financial institutions contrary to Criminal Justice and Licensing (Scotland) Act 2010 Section 28 (1). The enquiries carried out by Police Scotland culminated in the search of the addresses linked to the males and recovered in excess of £200,000 at two of the addresses. North Lanarkshire Licensing Board upheld the Police objection and the applicant was refused his Personal Licence. Another example was in relation to an application for the grant of a premises licence, where the applicant withdrew his application to North Lanarkshire Licensing Board following him being exposed by Lanarkshire Licensing during his interview with them. Lanarkshire Licensing submitted an objection following police checks which confirmed the applicant had a previous conviction for Proceeds of Crime Act 2002 sect 328(1) and Forgery & Counterfeiting Act 1981 sect 3. The applicant used I.T, mobile phone companies and fake business deals to launder £15 million from NatWest Bank and move this money to an account in Latvia. The money had been obtained by him and his associates being able to withdraw money from NatWest against six worthless cheques drawn on a closed account before these cheques bounced. £13.5 million was discovered in the account in Latvia and frozen, however £1.5 million had been siphoned off and shared between the applicant and his associates. PROPOSED ACTIVITY FOR THE YEAR AHEAD Based on the success of the bottle marking scheme in North Lanarkshire, new schemes continue to be rolled out. These will operate in partnership with identified licensed premises and in collaboration with local policing teams. Ultra violet torches and property marking kits are issued to participating schemes. The “It’ll Cost You” campaign will progress with further media campaigns highlighting the issues in other areas of North Lanarkshire. By addressing the sale and supply of alcohol to young persons by problematic premises or through agent purchase, Police Scotland can help to make a difference to the future health and wellbeing of children. Page 12 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 9 OFFICIAL Advertising materials will be utilised to communicate the campaign’s message which will be placed at busy locations to discourage purchasing for under 18s. Under 18s will learn about the risks and dangers of proxy purchase in classroom discussions. This re-education process will hopefully have a positive effect. Bystander training will continue throughout the period and will be delivered to those groups that have not yet received an input. This includes discussion in relation to reported spiking incidents and Counter Terrorism inputs delivered by Safer Community Officers. Lanarkshire Licensing continue to offer “target hardening” measures to premises that have been the victim of crime or those premises that are deemed “vulnerable” to would be perpetrators. Door chime and personal attack alarms are issued by Lanarkshire Licensing when carrying out visits. These items have provided an element of security and safeguarding to a number of premises and their staff throughout North Lanarkshire. Lanarkshire Licensing are now delivering in house Crime Scene Manage training throughout North Lanarkshire, with a number of training days having been delivered to a number of premises, groups and organisations. Future dates have been arranged throughout the year. This scenario based training has been developed after vital evidence was lost at a crime scene that was poorly managed by on duty staff members. The in house training was also highlighted as a future action as a result of the full day training event that was delivered by Lanarkshire Licensing and their partner agencies at the Police Scotland College, Jackton in September 2022. Relevant crime scene information is delivered to the participating premises with a view to incorporating it into staff training protocol. New dates have been set to deliver licensing training inputs to probationer constables. Lanarkshire Division aims to continue their positive contribution to North Lanarkshire Licensing Board, and enhance their positive relationship with all persons involved in licensed premises throughout the division. Lanarkshire Division will continue to identify innovative ways of working collaboratively and identify priorities for tackling serious organised crime at a local level within North Lanarkshire. A partnership approach will continue to be adopted towards improving standards and compliance across the industry to deter the sale and supply of alcohol to young people. With the increase of vapes being sold to minors, we will continue to work closely with Trading Standards and support them in any action they lead. Identifying problematic localities most affected by misuse of alcohol and related crime and disorder continues to be a priority in order to keep the people of North Lanarkshire safe. Page 13 of 14
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OFFICIAL NOT PROTECTIVELY MARKED Page | 10 OFFICIAL To conclude we would like to thank you for your continued support during what has been a challenging year for all. We have all had to adapt to a new way of working and ever changing circumstances which has been embraced by all. We look forward to a safe and healthy 2023/2024. Page 14 of 14