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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
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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 
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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).
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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. 
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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.  
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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 
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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 
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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/
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