Document Pack (Bookmarked and Agenda) Licensing Board - 5 March 2024
West Dunbartonshire Council · 5 March 2024
Back to Licensing Board — 5 March 2024 and its agenda
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West Dunbartonshire Licensing Board Alan Douglas, Clerk to the Licensing Board Council Offices, 16 Church Street, Dumbarton G82 1QL Telephone 01389 737800 Email: alan.douglas@west-dunbarton.gov.uk 20 February 2024 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 5 MARCH 2024 Notice is hereby given that a Meeting of West Dunbartonshire Licensing Board will be held at 10.00 a.m. on Tuesday, 5 March 2024. The Convener has directed that the meeting will be held as an in-person meeting only in the Civic Space, 16 Church Street, Dumbarton G82 1QL. The business is shown on the attached agenda. I shall be obliged if you will advise committee.admin@west-dunbarton.gov.uk if you are unable to attend the meeting. Yours faithfully ALAN DOUGLAS Clerk to the Licensing Board Page 1
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Distribution:- Councillor Gurpreet Singh Johal Councillor Jonathan McColl Councillor June McKay Councillor John Millar Councillor Lawrence O’Neill Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Chief Executive Chief Officer – Regulatory and Regeneration Date issued: 20 February 2024 Page 2
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LICENSING BOARD – TUESDAY, 5 MARCH 2024 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the items of business on this agenda and the reasons for such declarations. 3 MINUTES OF PREVIOUS MEETING 5 - 8 Submit for approval, as a correct record, the Minutes of Meeting of Licensing Board held on Tuesday, 16 January 2024. 4 APPLICATION FOR PREMISES LICENCE 9 - 31 Submit for consideration, an application for Premises Licence for Coffee Club, 2700 Great Western Road, Clydebank G81 2XT. 5 PREMISES LICENCE REVIEWS 33 - 49 Submit for consideration, an application for a review of the Premises Licence for non-payment of annual fees in relation to the following premises:- (a) Nisa Day To Day, 151 Mountblow Road, Clydebank G81 4NE; and (b) The Railway Inn, 109 Dumbarton Road, Bowling G60 5BQ. _______________________________________________________________ Page 3
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WEST DUNBARTONSHIRE LICENSING BOARD MINUTE At a Meeting of West Dunbartonshire Licensing Board held in the Council Chambers, Clydebank Town Hall, Clydebank on Tuesday, 16 January 2024 at 10.00 a.m. Present: Councillors Gurpreet Singh Johal, June McKay, John Millar, Chris Pollock, Hazel Sorrell and Sophie Traynor. Attending: Michael McDougall, Depute Clerk to the Licensing Board; Peter Clyde and Lawrence Knighton, Licensing Standards Officers and Lynn Straker, Committee Officer. Also Attending: Carolann Anderson, Licensing Assistant; Solicitor Ms Lynn Simpson and Applicant – Aldi; Mr Brian McMahon and Applicant - Stevie’s Super Save; Mr David Lingard, Solicitor and Applicant - 137-139 Hawthorn Street, Clydebank. Apologies: Apologies for absence were intimated on behalf of Councillors Jonathan McColl, Lawrence O’Neill and Hazel Sorrell and Sergeant David Holmes, Police Scotland. Councillor June McKay in the Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda. MINUTES OF PREVIOUS MEETINGS The Minute of the Licensing Board meeting held on Tuesday, 31 October 2023; and the Minute of the Joint Meeting of the Licensing Board and West Dunbartonshire Licensing Forum held on Tuesday, 14 November 2023 were submitted and approved as a correct record. APPLICATION FOR VARIATION OF PREMISES LICENCE An Application was submitted for consideration for an application for Variation of Premises Licence for 137 – 139 Hawthorn Street, Clydebank G81 3NH. Item 3 Page 5
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Members first heard from Mr McDougall, Depute Clerk to the Licensing Board, in introduction to the application. Members then heard from Mr Knighton, Licensing Standards Officer, in response to the application and recommending conditions should the application be granted. Mr Lingard, Solicitor and Representative for the application, was then heard in support of the application noting that the conditions proposed by the Licensing Standards Officer were accepted and in assurance the owners would run the premises correctly and adhere to any and all conditions attached to the application. After discussion the Board agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. DECIDED: Members agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. APPLICATION FOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for Variation of Premises Licence for Stevie’s Super Save, 46 Beeches Road, Duntocher, Clydebank G81 6HW. Members first heard Mr McDougall, Depute Clerk to the Licensing Board, in introduction to the application. Members then heard from Mr Knighton, Licensing Standards Officer addressing any concerns regarding the application and recommending conditions should the application be granted. Mr McMahon, Solicitor and Representative for the application, was then heard in support of the application and the plans for the current variation of the premises. Mr McMahon advised that the conditions proposed by the Licensing Standards Officer were accepted. Mr McMahon further advised that there would be no deliveries of only alcohol. After further discussion, and having heard Mr McMahon in further detail and in answer to Members questions, Members agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. DECIDED: Members agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. APPLICATIONS FOR OCCASIONAL LICENCES Applications were submitted for consideration for Occasional Licences for Stevie’s Super Save, 46 Beeches Road, Duntocher, Clydebank G81 6HW. Page 6
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Members first heard Mr McDougall, Depute Clerk to the Licensing Board, in introduction to the application(s). Members then heard from Mr Knighton, Licensing Standards Officer, in response to the application(s) and suggested conditions in the application(s) being granted. Mr McMahon, Solicitor and Representative for the application, was then heard in support of the applications for Occasional Licences and the plans for the current upgrading of the premises. Mr McMahon agreed to accept a condition in addition to those outlined in the Licensing Standards Officer’s Report, namely there would be no home deliveries of alcohol. Mr McMahon assured Members the owners would adhere to all conditions required in acceptance of the application(s). After discussion, and having heard Mr McMahon in further detail and in answer to Members questions, Members agreed to delegate the grant of the Occasional Licences to the Clerk, subject to the conditions narrated in the Licensing Standards Officer report as well as the additional condition in relation to there being no home deliveries of alcohol. DECIDED: Members agreed to delegate the grant of the Occasional Licences to the Clerk, subject to the conditions narrated in the Licensing Standards Officer report as well as the additional condition in relation to there being no home deliveries of alcohol. APPLICATION FOR PROVISIONAL PREMISES LICENCE An application was submitted for consideration for Provisional Premises Licence for Aldi, Land at Castle Street, Dumbarton G82 1QS. Members first heard Mr McDougall, Depute Clerk to the Licensing Board, in introduction to the application. Members then heard from Mr Clyde, Licensing Standards Officer, in response to the application and submitting Overprovision statistics regarding the application and suggested conditions if application was granted. Ms Simpson, Solicitor and Representative for the application, was then heard in support of the application and acceptance of the conditions suggested by Mr Clyde, Licensing Standards Officer. Ms Simpson assured Members the premises would adhere to any conditions required in acceptance of the application. After further discussion, and having heard Ms Simpson in further detail and in answer to Members questions, Members agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. DECIDED: Members agreed to grant the application subject to the conditions narrated in the Licensing Standards Officer report. Page 7
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The meeting closed at 10.49 a.m. Page 8
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THE LICENSING (SCOTLAND) ACT 2005 Application for a Premises Licence Premises Licence Reference: WDLBPREM/0315. Name and Address of Premises: Coffee Club, 2700 Great Western Road, Clydebank G81 2XT. Applicant/Licence Holder: TLT Solicitors on behalf of Duntocher Café Limited. Type of Premises: On Sales. Proposed Application: Café premises with external seating area, situated on Great Western Road Police Authority Comments: No objections. Licensing Standards Comments: See accompanying report highlighting that this application should be considered in terms of the Licensing Board’s Overprovision policy and suggested conditions. Fire Authority Comments: No comments received. Regulatory Services Comments: No comments. Community Council Comments: No active Community Council. Health Board Comments: No comments received. Access Panel: Additional Comments: Section 50 Certificates: All Section 50 certificates received. Decision: Item 4 Page 9
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West Dunbartonshire Licensing Board APPLICATION FOR PREMISES LICENCE Licensing (Scotland) Act 2005, section 20 APPLICANT INFORMATION Licensing (Scotland) Act 2005, section 20(1) Question 1 Name, address and postcode of premises to be licensed. Coffee Club 2700 Great Western Road Clydebank G81 2XT Question 2 Particulars of applicant 2(a) Where applicant is an individual, provide full name, date and place of birth, and home address including postcode. Page 11
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2(b) Where applicant is a partnership, please provide full name, and postal address of partnership. 2(c) Where applicant is a company, please provide name, registered office and company registration number. Duntocher Café Limited 7 Delhi Avenue Clydebank G81 4JS 2(d) Where the applicant is a club or other body, please provide full name, and postal address of club or other body. 2(e) Where applicant is a partnership, company, club or other body, please provide the names, dates and places of birth, and home addresses of connected persons.* * Connected person defined in section 147(3) of the Licensing (Scotland) Act 2005. Page 12
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Question 3 Previous applications 3 Has the applicant been refused a premises licence under section 23 of the Licensing (Scotland) Act 2005 in respect of the same premises? NO If YES – provide full details Question 4 Previous convictions 4 Has the applicant or any connected person ever been convicted of a relevant or foreign offence (1) NO *If YES – provide full details For the purpose of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purpose of the Rehabilitation of Offenders Act 1974 Name & position (if applicable) Date of conviction or sentence Court Offence Penalty NONE NONE NONE NONE NONE (1) In addition to any convictions held by the applicant at the time of application, applicants should also familiarise themselves with the contents of section 24(1) of the Licensing (Scotland) Act 2005 in respect of any convictions for relevant or foreign offences which they may receive during the period beginning with the making of the premises licence application and ending with determination of the application. Page 13
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DESCRIPTION OF PREMISES Licensing (Scotland) Act 2005, section 20(2)(a) Question 5 5 Description of premises (where application is submitted by a members’ club, please also complete question 6) Café premises with external seating area, situated on Great Western Road Question 6 6 To be completed by members’ clubs only Do the club’s constitution and rules conform to the requirements of regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007? YES/NO* * Delete as appropriate 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 – Nicola Smith – TLT Solicitors Date – 13 December 2023 Capacity - AGENT Telephone number and email address of signatory – Page 14
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LOCATION PLAN Scale 1:2500 / A4 GROUND FLOOR PLAN Scale 1:200 / A4 COFFEE CLUBʍ 2700 GREAT WESTERN ROADʍ CLYDEBAN: AA23ʙP100: LIC001 PROPOSED LICENSING PLAN 33056 15213 33119 DENOTES EXTENT OF PREMISES DENOTES AREA OF PREMISES TO WHICH CHILDREN AND YOUNG PERSONS WILL HAVE ACCESS DENOTES AREA FOR THE DISPLAY AND SALE OF ALCOHOL OF ALOHOL FOR CONSUMPTION ON AND OFF THE PREMISES (A) (A) Below counter storage / display max. length: 3.09m max. width: 1.36m max. height: 0.9m Actual volume: 1.75m³ (B) (B) Wall mounted storage / display shelving max. length: 2.89m max. width: 0.94m max. height: 1.76m Actual volume: 1.28m³ (C) Double Bar Mounted Alcohol Tap max. length: 0.2m max. width: 0.2m max. height: 0.5m Actual volume: 0.0015m³ (C) (D) (D) Stand alone fridge display max. length: 0.6m max. width: 0.6m max. height: 2.0m Actual volume: 0.72m³ (E) Stand alone fridge display max. length: 0.6m max. width: 0.6m max. height: 2.0m Actual volume: 0.72m³ 1493 1425 1425 1269 826 1537 CAFE SEATING Max Capacity 100 EXTERNAL SEATING Max Capacity 100 1573 smoke detector bulk head light fitting (E = 3 hr emergency back-up) heat detector illuminated emergency exit sign SERVICES LEGEND manual Call Points wall mounted bulk head light fitting (E = 3 hr emergency back-up) carbon monoxide detector (E) Page 15
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OPERATING PLAN Licensing (Scotland) Act 2005, section 20(2)(b)(i) Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? YES 1(b) Will alcohol be sold for consumption solely OFF the premises? NO 1(c) Will alcohol be sold for consumption both ON and OFF the premises? NO *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES Day ON Consumption Opening time Terminal hour Monday 11AM 10PM Tuesday 11AM 10PM Wednesday 11AM 10PM Thursday 11AM 10PM Friday 11AM 10PM Saturday 11AM 10PM Sunday 11AM 10PM Page 17
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Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Day OFF Consumption Opening time Terminal hour Monday N/A N/A Tuesday N/A N/A Wednesday N/A N/A Thursday N/A N/A Friday N/A N/A Saturday N/A N/A Sunday N/A N/A Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES *If YES – provide details The premises may take advantage of any additional hours afforded by the West Dunbartonshire Licensing Board’s policy in this regard, including the Festive period, bank holidays and any other dates so designated. Page 18
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Question 5 PLEASE INDICATE THE OTHER ACTIVITIES OR SERVICES THAT WILL BE PROVIDED ON THE PREMISES IN ADDITION TO SUPPLY OF ALCOHOL COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation NO NO NO Conference facilities YES YES YES Restaurant facilities YES YES YES Bar meals YES YES YES 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. YES YES YES Club or other group meetings etc. YES YES YES 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) YES YES YES Live performances – see 5(g) YES YES YES Dance facilities NO NO NO Page 19
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Theatre NO NO NO Films NO NO NO Gaming NO NO NO Indoor/outdoor sports NO NO NO Televised sport NO NO NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities YES YES YES 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. THE PREMISES MAY OPEN FROM 8.00 AM FOR THE PROVISION OF TEAS, COFFEES, BREAKFASTS ETC. THE PREMISES MAY BE USED FOR VARIOUS ACTIVITIES AS NOTED ABOVE PRIOR TO THE COMMENCEMENT OF THE CORE LICENSING HOURS. DURING THIS TIME THE ACTIVITIES ABOVE MAY BE PROVIDED BUT NO ALCOHOL WOULD BE SOLD OUT WITH THE CORE LICENSED HOURS. Page 20
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5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. THE PREMISES MAY BE USED FOR CHARITY EVENTS, BUSINESS NETWORKING AND MEETING FACILITIES, COMMUNITY EVENTS AND MEETINGS, TASTINGS AND FOOD AND DRINK EVENTS, CULTURAL AND ARTISTIC DISPLAYS OR PERFORMANCES, SUPPER CLUB. THE PREMISES MAY ALSO OFFER A TAKEAWAY AND HOME DELIVERY SERVICE WHICH MAY INCLUDE ALCOHOL SALES. Page 21
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5(g) Late night premises opening after 1.00am Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85dB? N/A When fully occupied, are there likely to be more customers standing than seated? N/A *Delete as appropriate Question 6 (On-sales only) CHILDREN AND YOUNG PERSONS 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry YES *Delete as appropriate 6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry CHILDREN WILL BE PERMITTED ACCESS WHEN ACCOMPANIED BY AN ADULT WHEN CONSUMING A MEAL OR ATTENDING A FUNCTION. YOUNG PERSONS WILL BE PERMITTED ACCESS UNACCOMPANIED WHEN CONSUMING A MEAL OR ATTENDING A FUNCTION. 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 0-17 YEARS. Page 22
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6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry WHEN CONSUMING A MEAL CHILDREN AND YOUNG PERSONS WILL BE PERMITTED ACCESS UNTIL 10PM AND WHEN ATTENDING A FUNCTION THEY WILL BE PERMITTED ACCESS FOR THE DURATION OF THE FUNCTION. 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry ALL PUBLIC PARTS. Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? 200 PERSONS (inc max external capacity of 100) OFF SALES: NO DISPLAY Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name Michelle Dalziel 8(b) Date of birth 8(c) Contact address Page 23
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8(d) Email address 8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence 21 March 2023 West Dunbartonshire Licensing Board WD/1544 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 operating plan are true to the best of my knowledge and belief. Signature – Nicola Smith – TLT Solicitors Date – 13 December 2023 Capacity - AGENT Telephone number and email address of signatory - * 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. Page 24
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SCHEDULE “SCHEDULE 6 Regulation 7 DISABLED ACCESS AND FACILITIES STATEMENT Licensing (Scotland) Act 2005, section 20(2)(b)(iia) Question 1 Disabled access and facilities 1(a) Is there disabled access to the premises YES / NO* 1(b) Do you have facilities for those with a disability YES / NO* 1(c) Do you have any other provisions available to aid the use of the premises by disabled people YES / NO* *Delete as appropriate If you have answered Yes to any of the questions above please complete, as appropriate, the following sections. Question 2 Disabled access to, from and within the premises Please provide clear and detailed description of how accessible the premises are for disabled people. e.g. ramps, accessible floors, signage. The premises is on the ground floor and is accessible for disabled customers or wheelchair users. Page 25
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Question 3 Facilities available Please describe in detail the facilities provided for disabled people. e.g. disabled toilets, lifts, accessible tables. Question 4 Other provisions Please provide details of any other provisions made to aid the use of the premises by disabled people. e.g. assistance dogs welcome, large print menus. There are accessible toilets. Assistance animals are welcome. Staff on hand to help wherever required. Page 26
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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 disabled access and facilities statement are true to the best of my knowledge and belief. Signature …………………….…………………… * (see note below) Date ……………………………………………… Capacity …………………………………………. APPLICANT/AGENT Telephone number and email address of signatory…………………….………….. * 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.” 13 December 2023 0333 006 0710 Nicola.Smith@TLT.com Page 27
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 PREMISES LICENCE VARIATION APPLICATION PREMISES: WDLBPREM/0315 Coffee Club, 2700 Great Western Road, Clydebank, G81 2XT PREMISES LICENCE HOLDER: Duntocher Café Limited, 7 Delhi Avenue, Clydebank, G81 4JS This application may be contrary to the Licensing Board’s Statement of Licensing Policy; Overprovision. The Premises are located within IZ 05 – Goldenhill, Parkhall North, East Kilbowie & Hardgate Central. In accordance with the Licensing Board’s Statement of Licensing Policy the Licensing Standards Officer recommends that for the purposes of the licensing objective of protecting children and young persons from harm, that the conditions narrated in the Board's policy at Appendix 1, Part A – Children and Young Persons Access and Part D – Outdoor Areas (see undernote). Members may also wish to note that these premises were licensed until the licence holding company was liquidated in or around June 2022. The licence ceased to have effect by operation of law shortly thereafter. I understand that this application seeks to reinstate the premises licence. Licensing Standards Officer Date: 31 January 2024 Contact : Lawrence Knighton, Licensing Standards Officer, Regulatory and Regeneration Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail : lawrence.knighton@west-dunbarton.gov.uk UNDERNOTE – details of conditions Children and Young Persons Access The holder of the premises licence must make sure that:- 1. Children are supervised at all times by an appropriate adult while on the licensed premises. 2. Children and Young Persons will only be permitted in to licensed premises where the primary purpose of allowing them access is to consume a meal or attend a private pre-booked function [or insert reason]. Page 29
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3. No gaming and/or amusements with prizes machines are to be located in the part or parts of the licensed premises where children and young people are permitted. 4. In the case of events which are BAU, adequate supervision and stewarding arrangements should be in place in relation to children attending the event. 5. Where televisions or video machines are intended to be used in areas where children are permitted, the programmes or video films must be of a type suitable for family and children’s viewing. 6. Toilets should be of a suitable type and standard for children. 7. When meals are sold within licensed premises, a children’s menu shall be available or the menu should clearly state that children portions are available. This would not be satisfied by the provision of for example soft drinks and snacks but would require to be of the plated food variety in addition to any form of sandwiches etc, which may be available. 8. Electrical sockets within the part of parts of the premises to which children have access should, when not in use, have plug caps thereon. 9. Where open fires or electrical or gas fires or radiators are within part or parts of the premises to which children have access, it is expected that such fires and radiators etc. will be securely guarded. Outdoor Areas The holder of the premises licence/occasional licence [delete as appropriate] for a licensed outdoor area must make sure that:- 1. The outdoor area complies with the area permitted by the relevant tables and chairs permit and it is clearly defined and enclosed by suitable barriers and controlled so that no drinks are allowed to be taken from it. All tables and chairs are removed from the street in accordance with the relevant Tables and Chairs Permit’s approved hours of operation. 2. The use of the tables and chairs are a shall cease at 2200 hours each evening. 3. All street furniture including tables and chairs, barriers, etc. must be off the street and in storage by 2215 hours. 4. The premises licence holder and premises manager will have management procedures in place to supervise admissions and to objectively monitor the occupant capacity, and to have an effective means of communication between the outdoor area and the premises. 5. The outdoor are a will be regularly serviced and must be kept clear of empty receptacles, unattended glassware and all refuse removed. Page 30
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6. All drinks will be supplied or decanted into suitable containers. 7. No amplified sound or music shall be played in, or relayed to, the outdoor area. 8. The capacity of the outdoor area shall not exceed 100 persons. Page 31
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Our Ref: WDLBPREM/0189 Your Ref: Date: If telephoning please ask for: Peter Clyde - Direct Line E-Mail Address: peter.clyde@west-dunbarton.gov.uk The Clerk West Dunbartonshire Licensing Board c/o West Dunbartonshire Council 16 Church Street Dumbarton G82 1QL Dear Clerk, LICENSING (SCOTLAND) ACT 2005: SECTION 36 PREMISES LICENCE REVIEW APPLICATION PREMISES: Nisa Day To Day PREMISES LICENCE HOLDER: Jan Watson DESIGNATED PREMISES MANAGER: Jan Watson In terms of section 36 of the Licensing (Scotland) Act 2005 (the 2005 Act) the Licensing Standards Officer hereby makes application to the Licensing Board for a review of the premises licence in respect of the premises known as WDLBPREM0189 Nisa Day To Day 151 Mountblow Road Clydebank G81 4NE The Licensing Standards Officer makes this application in terms of Section 36(3)(a) of the 2005 Act that one or more of the conditions to which the premises licence is subject has been breached; namely; Premises Licence Mandatory Condition 10 – Payment of Annual or Recurring Fees. In support of this application, the following information is provided for consideration. The 2005 Act requires that the annual fee be paid to the licensing authority before the 1 October each year. Failure to do so is a breach of the aforementioned mandatory condition. The Premises Licence holder was notified of the need to pay the annual fee by letter on the 14 August 2023. On 25 October 2023 a reminder letter was sent to both the Premises Licence Holder and also to the premises, for the attention of the Designated Premises Manager (DPM). This letter detailed that the annual fee had not been paid Item 5a Page 33
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by the due date and encouraged the Licence Holder/DPM to make contact with the Licensing Section to rectify this matter. No contact was forthcoming. Given that the annual fee had not been paid, and that no contact had been made with the Licensing Section, a compliance notice was issued under Section 14 of the 2005 Act on 16 January 2024 This notice required that the annual fee should be paid not later than the 30 January 2024. This notice was not complied with. Section 14 of the 2005 Act states that if a compliance notice is not complied with, that the Officer should make a premises licence review application in respect of the licence. This is the basis for this request. The Licensing Standards Officer requests that the Licensing Board consider the aforementioned grounds for review and take such steps as it considers necessary or appropriate for the purposes of the Licensing Objectives under the terms of Section 39(2) of the 2005 Act. Yours sincerely, Lawrence Knighton Licensing Standards Officer Page 34
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LICENSING (SCOTLAND) ACT 2005 COMPLIANCE NOTICE UNDER SECTION 14 Notice is hereby given in terms of Section 14 (2) (a)(i) of the above Act and is issued by Lawrence Knighton, being an Officer authorised by the Licensing Authority. This notice requires action to be taken by the Licence Holder to remedy the breaches of the licensing conditions outlined below. Failure to do so to the satisfaction of the Licensing Standards Officer will result in an application to the Licensing Board for a review of the Premises Licence. Premises Licence Holder & Licence No: Jan Watson WDLBPREM/0189 Premises Subject to Notice: Nisa Day To Day 151 Mountblow Road Clydebank G81 4NE Date Issued: Tuesday 16 January 2024 Premises Manager Details: Jan Watson Details to Whom Issued: Licence Holder and Premises Manager (copy) COMPLIANCE FAILURE Licensing Standards Officer should state failure and cite supporting condition of the Act or relevant local licensing condition(s) Breach of a mandatory condition, namely paragraph 10 of Schedule 3 to the 2005 Act, i.e. payment of annual or recurring fees. The annual fee for the Premises Licence has not been paid prior to the 1 October 2023. A reminder letter was sent on the 25 October 2023 however according to our records this Fee remains unpaid. Payment of £220 requires to be made prior to 30 January 2024. You, as the holder of this Premises Licences, must comply with the conditions attached to the Licence. Failure to make this payment in full before this date and therefore, complying with the terms of this notice will result in an application for the review of the Premises Licence. REQUIREMENT TO COMPLY With Immediate Effect: N/A (or) Comply By: 30 January 2024 Licensing Standards Officer & Contact Details Lawrence Knighton licensing@west-dunbarton.gov.uk Page 35
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Our Ref: WDLBPREM/0024 Your Ref: Date: If telephoning please ask for: Peter Clyde - Direct Line E-Mail Address: peter.clyde@west-dunbarton.gov.uk The Clerk West Dunbartonshire Licensing Board c/o West Dunbartonshire Council 16 Church Street Dumbarton G82 1QL Dear Clerk, LICENSING (SCOTLAND) ACT 2005: SECTION 36 PREMISES LICENCE REVIEW APPLICATION PREMISES: The Railway Inn PREMISES LICENCE HOLDER: Robert O'Donnell DESIGNATED PREMISES MANAGER: N/A In terms of section 36 of the Licensing (Scotland) Act 2005 (the 2005 Act) the Licensing Standards Officer hereby makes application to the Licensing Board for a review of the premises licence in respect of the premises known as WDLBPREM0024 The Railway Inn 109 Dumbarton Road Bowling G60 5BQ The Licensing Standards Officer makes this application in terms of Section 36(3)(a) of the 2005 Act that one or more of the conditions to which the premises licence is subject has been breached; namely; Premises Licence Mandatory Condition 10 – Payment of Annual or Recurring Fees. In support of this application, the following information is provided for consideration. The 2005 Act requires that the annual fee be paid to the licensing authority before the 1 October each year. Failure to do so is a breach of the aforementioned mandatory condition. The Premises Licence holder was notified of the need to pay the annual fee by letter on the 14 August 2023. On 25 October 2023 a reminder letter was sent to both the Premises Licence Holder and also to the premises, for the attention of the Designated Premises Manager (DPM). This letter detailed that the annual fee had not been paid Item 5b Page 36
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by the due date and encouraged the Licence Holder/DPM to make contact with the Licensing Section to rectify this matter. No contact was forthcoming. Given that the annual fee had not been paid, and that no contact had been made with the Licensing Section, a compliance notice was issued under Section 14 of the 2005 Act on 16 January 2024 This notice required that the annual fee should be paid not later than the 30 January 2024. This notice was not complied with. Section 14 of the 2005 Act states that if a compliance notice is not complied with, that the Officer should make a premises licence review application in respect of the licence. This is the basis for this request. The Licensing Standards Officer requests that the Licensing Board consider the aforementioned grounds for review and take such steps as it considers necessary or appropriate for the purposes of the Licensing Objectives under the terms of Section 39(2) of the 2005 Act. Yours sincerely, Lawrence Knighton Licensing Standards Officer Page 37
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LICENSING (SCOTLAND) ACT 2005 COMPLIANCE NOTICE UNDER SECTION 14 Notice is hereby given in terms of Section 14 (2) (a)(i) of the above Act and is issued by Lawrence Knighton, being an Officer authorised by the Licensing Authority. This notice requires action to be taken by the Licence Holder to remedy the breaches of the licensing conditions outlined below. Failure to do so to the satisfaction of the Licensing Standards Officer will result in an application to the Licensing Board for a review of the Premises Licence. Premises Licence Holder & Licence No: Robert O'Donnell WDLBPREM/0024 Premises Subject to Notice: The Railway Inn 109 Dumbarton Road Bowling G60 5BQ Date Issued: Tuesday 16 January 2024 Premises Manager Details: N/A Details to Whom Issued: Licence Holder and Premises Manager (copy) COMPLIANCE FAILURE Licensing Standards Officer should state failure and cite supporting condition of the Act or relevant local licensing condition(s) Breach of a mandatory condition, namely paragraph 10 of Schedule 3 to the 2005 Act, i.e. payment of annual or recurring fees. The annual fee for the Premises Licence has not been paid prior to the 1 October 2023. A reminder letter was sent on the 25 October 2023 however according to our records this Fee remains unpaid. Payment of £280 requires to be made prior to 30 January 2024. You, as the holder of this Premises Licences, must comply with the conditions attached to the Licence. Failure to make this payment in full before this date and therefore, complying with the terms of this notice will result in an application for the review of the Premises Licence. REQUIREMENT TO COMPLY With Immediate Effect: N/A (or) Comply By: 30 January 2024 Licensing Standards Officer & Contact Details Lawrence Knighton licensing@west-dunbarton.gov.uk Page 38
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