Agenda Document Pack - Licensing Committee - 06/02/2024
South Lanarkshire Council · 6 February 2024
Back to Licensing Committee — 6 February 2024 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 29 January 2024 Dear Councillor Licensing Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Tuesday, 06 February 2024 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Poppy Corbett, Mary Donnelly, Julia Marrs, Monique McAdams, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Janine Calikes, Margaret Cowie, Mark Horsham, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Licensing Committee held on 23 January 2024 submitted for approval as a correct record. (Copy attached) 3 - 4 Item(s) for Decision 3 Civic Government (Scotland) Act 1982 (As Amended) - Application to Vary the Terms of Public Entertainment Licence No 139 Report dated 17 January 2024 by the Chief Executive. (Copy attached) 5 - 16 Urgent Business 4 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 5 Exclusion of Press and Public It is recommended that the Committee makes the following resolution:- "That, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it is likely that there will be disclosure of exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act." Item(s) for Decision 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 2
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LICENSING COMMITTEE Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 23 January 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie (substitute for Councillor Monique McAdams), Councillor Mary Donnelly, Councillor Julia Marrs, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Mark McGeever Attending: Finance and Corporate Resources C Lyon, Administration Officer; D McLardy and S O’Neill, Solicitors; J Roebuck, Licensing and Registration Team Leader; L Wyllie, Administration Assistant 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 28 November 2023 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Urgent Business There were no items of urgent business. 4 Exclusion of Press and Public The Committee decided: that, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following items of business on the grounds that it was likely that there would be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 5 Civic Government (Scotland) Act 1982 (As Amended) - Application to Vary the Terms of Late Hours Catering Licence No 013 A report dated 5 January 2024 by the Chief Executive was submitted on an application to vary the terms of late hours catering licence No 013 in terms of the Civic Government (Scotland) Act 1982 (as amended). 2 3
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In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was not present but represented by A Hunter, Solicitor. The Committee decided: that the application to vary the terms of late hours catering licence No 013 be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources):- Applicant: BP Oil UK Limited and I Carson Type of Licence: Late Hours Catering Premises: BP Queensway North SF Connect, Queensway, East Kilbride Current Days/Hours: Monday to Sunday 11.00pm until 3.00am Days/Hours Requested: Monday to Sunday 11.00pm until 5.00am Days/Hours Granted: Monday to Sunday 11.00pm to 5.00am 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Late Hours Catering Licence A report dated 5 January 2024 by the Chief Executive was submitted on an application for the grant of a late hours catering licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was not present but represented by K Clancy, Solicitor and C Levy, Area Manager, TG Convenience Stores Limited. The Committee decided: that the application for a late hours catering licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources):- Applicant: TG Convenience Stores Limited and S Thomas Type of Licence: Late Hours Catering Premises: Burnbank Service Station, 91 Burnbank Road, Hamilton Days/Hours Requested: Monday to Sunday 11.00pm until 5.00am Days/Hours Granted: Monday to Sunday 11.00pm until 5.00am 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 4 January 2024 by the Chief Executive was submitted on an application for the grant of a private hire car driver’s licence in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and heard in support of his application. An objection had been received from Police Scotland and Sergeant Brown was heard. Comments had also been received from the applicant’s Solicitor. The Committee decided: that the application by A Hamad, Flat 8c, 187 Wester Common Road, Glasgow for the grant of a private hire car driver’s licence in the Cambuslang and Rutherglen zone be refused. 4
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 6 February 2024 Report by: Chief Executive Subject: Civic Government (Scotland) Act 1982 (As Amended) - Application to Vary the Terms of Public Entertainment Licence No 139 1. Purpose of Report 1.1. The purpose of the report is to consider the following application:- Applicant: South Lanarkshire Leisure and Culture Limited and K Morrison Type of Licence: Public Entertainment Address of Premises: South Lanarkshire Lifestyles Fairhill, Neilsland Road, Hamilton Current Days and Hours: Monday to Sunday 8.00am to 1.00am – as and when required Proposed Days and Hours: Monday to Sunday 7.00am to 1.00am – as and when required 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that, the application to vary the terms of public entertainment licence No 139 be granted. [1recs] 3. Background 3.1. Before a premise can be operated as a place of public entertainment an application requires to be submitted to the Council for the appropriate licence. 3.2. In terms of the Civic Government (Scotland) Act 1982 (as amended), each application requires to be dealt with on its own merit. 4. Present Position 4.1. The applicant currently holds a public entertainment licence. The applicant is requesting to change the hours of operation. 4.2. No objections have been received from consultees. 4.3. Comments received from applicant giving reasons for change of hours. 5. Employee Implications 5.1. None. 3 5
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6. Financial Implications 6.1. None. 7. Climate Change, Sustainability and Environmental Implications 7.1. No assessment of the impact on the environment has been made as the Civic Government (Scotland) Act 1982 (as amended) does not allow us to take this into account when determining the application. 8. Other Implications 8.1. The risk to the Council is that it fails to fulfil its duty to protect the public. This is mitigated by the application process. 9. Equality Impact Assessment and Consultation Arrangements 9.1. There is no requirement to carry out an impact assessment in terms of the proposals contained within this report. 9.2. In all cases, when an application under the Civic Government (Scotland) Act 1982 (as amended) is received it is copied to Police Scotland, Scottish Fire and Rescue, Planning and Building Standards, Environmental Services, Roads and Transportation Services and Consumer and Trading Standards consultation. Paul Manning Chief Executive 17 January 2024 Link(s) to Council Values/Priorities/Outcomes Focused on people and their needs Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Margaret Mary Wilson, Legal Services Manager Ext: 4501 (Tel: 01698 454501) E-mail: margaretmary.wilson@southlanarkshire.gov.uk 6
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LICENSING COMMITTEE – 6 February 2024 Licensing of Places of Public Entertainment Name and Address of Applicant Premises Current Days and Hours Proposed Days and Hours Comments Recommendation South Lanarkshire Leisure and Culture Ltd Floor 5 Council Offices Almada Street Hamilton and K Morrison South Lanarkshire Lifestyles Fairhill Neilsland Road Hamilton Monday to Sunday 8.00am to 1.00am – as and when required Monday to Sunday 7.00am to 1.00am – as and when required Variation of Public Entertainment Licence No 139. Comments received from applicant giving reasons for change of hours. Grant 7
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From: Mackie, Tracy <Tracy.Mackie@southlanarkshireleisure.co.uk> On Behalf Of Morrison, Kay Sent: Wednesday, January 24, 2024 11:31 AM To: Hunter, Gillian <Gillian.Hunter@southlanarkshire.gov.uk>; Lennox, Debbie <Debbie.Lennox@southlanarkshireleisure.co.uk> Subject: RE: Application for a Variation of a Variation of a Public Entertainment Licence - South Lanarkshire Lifestyles Fairhill, Neilsland Road, Hamilton - HAM139 Hi Gillian Please find written submission below from Kay Morrison Chief Executive of South Lanarkshire Leisure and Culture. Thanks Tracy Following staff discussions and customer feedback, South Lanarkshire Leisure and Culture are considering the option to change the existing opening hours of the gym facilities at South Lanarkshire Lifestyles Fairhill from 9am to 7am. There is no proposal to review the closing time. The option to open earlier will also provide the opportunity to introduce a new early morning fitness class, should demand be sufficient. Having the Public Entertainment Licence in place from 7am will allow SLLC to move quickly to implement the change to opening hours, as required, which will increase availability of leisure provision and boost the centres attendances and income through increased fitness memberships. It will also bring the Public Entertainment License in line with the existing Indoor Sports License which is currently applicable from 7am. The proposal has not been implemented and SLLC remain compliant with the current licence conditions, however SLLC are keen to have the option in place to extend the opening hours of the gym, as and when required. Tracy Mackie Secretary to the Chief Execu�ve South Lanarkshire Leisure and Culture SCIO Floor 5 Council Offices Almada Street Hamilton ML3 0EW Tel: 01698 454374 www.slleisureandculture.co.uk Children's ac�vi�es Culturalac�vi�es Leisure Libraries South Lanarkshire @SLLeisCulture @Ac�veSchoolsSL @SportnHealthSL @LibrariesSL More information about Contact Scotland BSL can be found at their website https://contactscotland-bsl.org/ 16