Item 4 - Asda Express Application - LSO Report

West Dunbartonshire Council · 17 June 2025
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Licensing Standards Officers Report
LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” 
PROVISIONAL PREMISES LICENCE APPLICATION 
PREMISES:  ASDA Express, PFS Lomondgate, Lomondgate Drive West
Dunbartonshire, G82 3BN 
PREMISES LICENCE APPLICANT: ASDA Express LTD, ASDA House, Southbank,
Great Wilson Street, Leeds, LS11 5AD 
Members of the Licensing Board may wish to note that these premises may be an
excluded premises in terms of the Licensing (Scotland) Act 2005. Section 123 of the
Licensing (Scotland) Act 2005 defines excluded premises:- 
123 Excluded premises
(1) No premises licence or occasional licence has effect to authorise the sale of
alcohol on excluded premises.
(2) For the purposes of this Act, “excluded premises” means—
(a) premises on land—
(i) acquired or appropriated by a special roads authority, and
(ii) for the time being used,
for the provision of facilities to be used in connection with the use of a special road
provided for the use of traffic of class 1 (with or without other classes), and
(b) subject to subsection (5), premises used as a garage or which form part of
premises which are so used.
(4) For the purposes of subsection (2)(b), premises are used as a garage if they are
used for one or more of the following—
(a) the sale by retail of petrol or derv,
(b) the sale of motor vehicles, or
(c) the maintenance of motor vehicles.
(5) Despite subsection (2)(b), premises used for the sale by retail of petrol or derv or
which form part of premises so used are not excluded premises if persons resident in
the locality in which the premises are situated are, or are likely to become, reliant to
a significant extent on the premises as the principal source of—
(a) petrol or derv, or

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(b) groceries (where the premises are, or are to be, used also for the sale by retail of
groceries).
Furthermore, this application may be contrary to the Licensing Board’s Statement of
Licensing Policy; namely Part 4:- Overprovision. For the Boards information these
premises are located in IZ-15 Bonhill, Lomondgate & Renton North which is an IZ
considered to be overprovided for in terms of alcohol provision.
Should the Licensing Board consider granting this application, the LSO recommends
that the following licence conditions, as detailed in appendix 1 “Style Conditions” of
the Board’s Statement of Licensing Policy should be applied;
Part B - Off sales
The holder of a premises licence shall ensure that:-
1. A refusal register is maintained in the premises recording all incidences of
refused sales, including the date and time, the reason for refusal and the
member of staff refusing the sale.
2. The refusal register is inspected by the Designated Premises Manager, or his
nominated representative, at least on a fortnightly basis.
3. The refusal register is made available for inspection by the Police and
Licensing Standards Officers on request.
The refusal register may be kept in electronic form, in which event the obligation
imposed by condition 3 above may be discharged by making available for inspection
as aforesaid a printed copy of the refusal register’s entries.
The Board may consider extending the terminal hour for off sale type premises up to
10pm provided that suitable enhanced control measures have been put in place to
promote the licensing objectives. Enhanced control measures must include CCTV
cameras covering the interior of the premises and the exterior area adjacent to the
entrance to the premises.
4 Off Sale Premises and CCTV
The minimum CCTV requirements for off sales premises wishing to trade after
8.00 pm will be that:-

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(a) The system is recordable and viewable at source and does so during all hours
that the premises is open. 
(b) The images recorded should be date and time coded for the purposes of crime
prevention. 
(c)  Suitable surveillance is offered of the licensed area of the premises as denoted
on the Layout Plan. 
Premises Licence Holders should note that camera footage should be retained for a
period of time that complies with recommendations made by the Information
Commissioner in terms of the Data Protection Act. 
The applicants are also requesting the addition of home deliveries of alcohol. The
Board may wish to consider paragraphs 22.2 and 22.3 of The Board’s Statement of
Licensing Policy in relation to home deliveries of alcohol; 
22.2 Premises which intend to provide home deliveries of alcohol must specify this in
their Operating Plan (in response to Question 5(f)) and provide details of how this will
operate. These details should include the hours of delivery, the steps taken to
identify the age of the person ordering and taking delivery of the goods, in terms of
“Challenge 25” as well what measures are in place to make sure that the alcohol is
delivered to an appropriate person. 
22.3 When considering applications which seek to allow the home delivery of alcohol
The Licensing Board will consider attaching the conditions set out in Appendix
1, Part C. When considering the addition of such conditions the Board shall give the
applicant an opportunity to address the Board on these conditions. 
As the applicants wish to do home deliveries of alcohol I am therefore recommending
the following condition is applied for the purposes of the licensing objectives of
preventing crime and disorder and protecting Children and Young People from harm; 
Part C - Home Deliveries 
The holder of the premises licence must make sure that:- 
1. A robust age verification policy requires to be in place for deliveries that include
alcohol and must be strictly adhered to by all delivery staff, incorporating a Challenge
25 approach. All delivery staff must be trained in the operation of the foregoing
policy. 
2. Any documentation presented as verification of age is of a type prescribed in the
Licensing (Scotland) Act 2005 or Regulations under that Act as suitable for that
purpose.

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3. An order register must be kept on the premises containing details of the items
ordered/despatched, with details of when the order was placed and when the alcohol
was despatched. 
4. A delivery/refusal register requires to be maintained by the delivery driver
containing details of the person accepting delivery or, if delivery was refused, the
reason for any refusals. 
5. No delivery of alcohol should be left unattended (including in a safe place) or with
Children or Young Persons where there is no adult available to accept delivery. 
6. Where a third party carries out deliveries, a written agreement must be in place
between the holder of the premises licence and the third party setting out that the
measures narrated at the foregoing points 1 to 5 are to be complied with. 
Lawrence Knighton
Licensing Standards Officer
Date: 22 May 2025
Contact : 
Lawrence Knighton, Licensing Standards Officer, Regulatory Services, Council
Offices, 16 Church Street, Dumbarton. G81 1TG.
E-mail : Lawrence.Knighton@west-dunbarton.gov.uk