Agenda Document Pack - Licensing Board - 20/09/2024
North Lanarkshire Council · 20 September 2024
Back to Licensing Board — 20 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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13 September 2024 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, 20 September 2024 at 10:00 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Richard Llewellyn Clerk Telephone: 07939284642 Clerk Email: llewellynr@northlan.gov.uk S Coyle, Michael Joseph Coyle (Vice-Chair)D Crichton, K Docherty, J McLaren, A McVey, L Nolan, D Robb, A Thomas, J Toner. Page 1 of 22
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Agenda (1) Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 (2) Applications for Variation of Premises Licence Premises: Auchinloch Bowling Club, Forth Avenue, Auchinloch G66 5DU Applicant: Auchinloch Bowling Club Premises: Electric Bar, 291 Airbles Road, Motherwell ML1 3AW Applicant: Punch Partnerships (PTL) Limited 5 - 22 EXCLUSION OF PUBLIC The Board is asked to consider passing the following resolution: "That under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act". (3) Premises Licence Review Hearing Review of Premises Licence - Mini Market Sunnyside, 14 Stewart Street, Coatbridge ML5 2BX (4) Personal Licence Review Hearing Review of Personal Licence Holder - Kevin Rice Any Other Business Proposed Joint Meeting of the Licensing Board and Local Licensing Forum - 24 January 2025 Page 3 of 22
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Item (2) Page 5 of 22
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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 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 Board must grant the application, or 1.4.2 if any of them apply, the 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 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: Page 6 of 22
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1.5.3.1 the nature of the activities carried on or proposed to be carried on in the subject premises; 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 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 into account of the 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 Board must specify the ground for refusal and if the ground relates to a licensing objective, the 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 Two non-minor variation applications have been received in relation to the following premises. 2.2 The application as detailed in Appendix 1 is in relation to premises licence reference number 660 from Auchinloch Bowling Club in respect of Auchinloch Bowling Club, Forth Avenue, Auchinloch, Lenzie, Glasgow, G66 5DU and is for: 2.2.1 a variation to substitute another person as the premises manager seeking to be implemented with immediate effect; 2.2.2 to change from club licence to full premises licence; 2.2.3 the addition of Live Performance and Dance as activities; 2.2.4 to amend children and young persons access to permit access during core licenced hours, and 2.2.5 to amend On Sale Licensed Hours to the following core licensed hours:- Page 7 of 22
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Licenced Hours On Consumption Day Opening Closing Monday 11.00 am 12 Midnight Tuesday 11.00 am 12 Midnight Wednesday 11.00 am 12 Midnight Thursday 11.00 am 12 Midnight Friday 11.00am 1am Saturday 11.00am 1am Sunday 11.00am 12 midnight 2.3 In relation to this application, the Board is asked to note: 2.3.1 that the variations requested are in line with Board Policy; 2.3.2 one previous application has been made to the Board; and 2.3.3 no objections have been received to the application. 2.4 The application as detailed in Appendix 2 is in relation to premises licence reference number 432 from Punch Partnerships (PTL) Limited in respect of The Electric Bar, 291 Airbles Road, Motherwell, ML1 3AW and is for: 2.4.1 a variation to the layout plan to denote children and young persons access to all public parts of the premises; 2.4.2 a variation to the description of the premises to “Family, Friendly public house with beer garden and function room”; 2.4.3 to permit conference facilities during and outwith core hours; 2.4.4 to permit outdoor drinking facilities outwith core hours; 2.4.5 to amend the TERMS under which children and young persons will be allowed entry to “Children and Young Persons will only be allowed access if accompanied by an adult.”; 2.4.6 to amend the TIMES during which children and young persons will be allowed entry to “Children until 10 pm and Young Persons until 11 pm. To end of core hours for purpose of attending a function.”, and 2.4.7 to amend the PARTS of the premises to which children and young persons will be allowed entry to “All public parts of the premises.”. 2.5 In relation to this application, the Board is asked to note: 2.5.1 that the variations requested are in line with Board Policy; 2.5.2 there has been no previous application made to the Board; and 2.5.3 no objections have been received to the application. Page 8 of 22
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3. Measures of success 3.1 Compliance with licensing legislation, policy and best practice all in accordance with the licensing objectives. 4. Supporting documentation Appendix 1 Application for non-minor variation Auchinloch Bowling Club Appendix 2 Application for non-minor variation Electric Bar Name Archie Aitken Title Clerk to the Licensing Board Page 9 of 22
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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 10 of 22
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 11 of 22
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Non Minor Variation 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 1(b) Premises Licence Reference Number. Question 2 Particulars of premises licence holder 2(a) Where licence holder is an individual, provide full name, date and place of birth and home address including postcode Electric Bar 291 Airbles Road Motherwell ML1 3AW 432 APPENDIX 2 Page 17 of 22
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2(b) Where licence holder is a partnership, please provide full name and postal address of partnership. 2(c) Where licence holder is a company, please provide name, registered office and company registration number. 2(d) Where licence holder is a club or other body, please provide name and postal address of club or other body Question 3 3 (a) Is the variation to substitute another person as the premises manager? NO If YES, provide full name, date and place of birth and home address including postcode. 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* Punch Partnerships (PTL) Limited Elsley Court 20-22 Great Titchield Street London W1W 8BE 03512363 Page 18 of 22
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Question 4 4 (a) Is the variation to the layout plan? YES 4 (b) If YES, please (1) attach seven set plans showing the proposed new layout of the premises; and (2) describe the variation plan. Question 5 Describe other variation(s) sought Question 6 6 (a) Has there been a previous application for variation for these premises in the past year (including any time before the current licence holder acquired them)? NO If NO, go to question 7. 6 (b) If YES, was that previous application refused? YES/NO* 6 (c) If it was refused, give details of that previous application Name of Applicant: Date of the Board decision: Summarise the variation which was then requested: Amend the layout plan to denote children & young person areas 1. Amend the description of the premises to “Family friendly public house with beer garden and function room” 2. Q5(a) – Permit conference facilities during and outwith core hours 3. Q5(d) – Permit outdoor drinking facilities outwith core hours 4. Q6(b) – Amend to “Children and young persons will only be allowed access if accompanied by an adult” 5. Q6(d) – Amend to “Children until 10pm and young persons until 11pm. To end of core hours for purpose of attending a function.” 6. Q6(e) – Amend to “All public parts of the premises.” Page 19 of 22
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6 (d) If there has been a Board decision to refuse in the one year before the date of lodging this application, please state which of (1) or (2) you think applies, and if (2) applies, state what oyu 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 Question 7 7a) Is the premises licence submitted along with this application? YES 7b) If NO, please provide a statement of reasons for failure to produce the licence. PLEASE COMPLETE THE DECLARATION FORM BELOW. 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 …………11 July 2024……………………………………. Capacity ……………………………………………………………… AGENT (delete as appropriate) Telephone number & email address of signatory 01332 226192 / george.domleo@flintbishop.co.uk * Data protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Cheques made payable to North Lanarkshire Council Contact for enquiries: Mrs Worton – tel: 01698 302459 – email: wortonj@northlan.gov.uk Complete and return to: Clerk to the Licensing Board, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB Page 20 of 22
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For use by the Licensing Board only Application Checklist Date received and received by (initials) Fee amount and receipt number 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 play Page 21 of 22
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