Document Pack - Licensing Board - 3 September 2024
West Dunbartonshire Council · 3 September 2024
Back to Licensing Board — 3 September 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 21 August 2024 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 3 SEPTEMBER 2024 Notice is hereby given that a Meeting of West Dunbartonshire Licensing Board will be held at 10.00 a.m. on Tuesday, 3 September 2024 The Convener has directed that the meeting will be held as an in-person meeting only in the Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank G81 1UB. 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: 21 August 2024 Page 2
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LICENSING BOARD – TUESDAY, 3 SEPTEMBER 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 - 6 Submit for approval, as a correct record, the Minutes of Meeting of the Licensing Board held on Tuesday, 18 June 2024. 4 APPLICATION FOR VARIATION OF PREMISES LICENCE Submit for consideration, an application for a Variation of Premises Licence for 12-14 Auckland Place, Dalmuir, Clydebank G81 4JZ. 5 APPLICATION FOR VARIATION OF PREMISES LICENCE Submit for consideration, an application for a Variation of Premises Licence for Day to Day Express, 148 Montrose Street, Clydebank G81 2PE. 6 APPLICATION FOR A PROVISIONAL PREMISES LICENCE Submit for consideration, an application for a Provisional Premises Licence for Dumbarton (Glasgow Road) Service Station, 36 Glasgow Road, Dumbarton, G82 1QZ. 7 LICENSING BOARD FINANCIAL STATEMENT 2023/24 73 - 76 Submit report by the Clerk to the Licensing Board providing information to allow the Licensing Board to consider its Annual Financial Report in relation to the period 1 April 2023 to 31 March 2024. The report is attached at Appendix 1. 8/ Page 3 7 - 27 29 - 46 47 - 72
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8 FESTIVE HOURS POLICY 2024/25 77 - 82 Submit report by Clerk of the Licensing Board proposing a policy to the Licensing Board on an extension to licensed hours during the festive period in terms of Section 67 of the Licensing (Scotland) Act 2005 (“the Act”). _______________________________________________________________ Page 4
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WEST DUNBARTONSHIRE LICENSING BOARD At a Meeting of West Dunbartonshire Licensing Board held in the Civic Space, 16 Church Street, Dumbarton on Tuesday, 18 June 2024 at 10.00 a.m. Present: Councillors Gurpreet Singh Johal, Jonathan McColl, June McKay, John Millar and Hazel Sorrel. Attending: Michael McDougall, Depute Clerk to the Licensing Board; Peter Clyde and Lawrence Knighton, Licensing Standards Officers; Carol-Ann Anderson, Licensing Assistant and Lynn Straker, Committee Officer. Also Attending: Sergeant David Holmes, Police Scotland. Apologies: Apologies for absence were intimated on behalf of Councillors Lawrence O’Neill, Chris Pollock and Sophie Traynor. 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 at this point in the meeting. MINUTES OF PREVIOUS MEETINGS The Minutes of the Licensing Board meeting held on Tuesday, 7 May 2024 were submitted and approved as a correct record. APPLICATION FOR A VARIATION OF PREMISES LICENCE Mr McDougall, Depute Clerk to the Licensing Board, advised the Board this application had now been withdrawn. LICENSING BOARD ANNUAL FUNCTIONS REPORT 2023/24 Mr McDougall, Depute Clerk to the Licensing Board, provided information regarding the Annual Functions Report 2023/24 and asking Members to note the content of the report. Item 3 Page 5
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After discussion and having heard Mr McDougall, Depute Clerk to the Licensing Board, in further explanation and in answer to Members’ questions, the Board agreed to note the terms of the Functions Report for 2023/24. REVIEW OF PERSONAL LICENCE APPLICATION A report was submitted by the Clerk of the Licensing Board providing information regarding a Review of a Personal Licence. Members first heard from Sergeant David Holmes, Police Scotland, in detail of the letter received from the Chief Constable, Police Scotland. Members then heard from the applicant, Ms Elspeth Glasgow, in support of her application and why she felt the Personal Licence should be granted. ADJOURNMENT Councillor June McKay, Convenor, adjourned the meeting to allow Councillors to seek Legal advice pertinent to the hearing. The meeting reconvened at 11.16 a.m. with all those present in the Sederunt with the exception of Councillor McColl with Councillor McColl having declared an interest in this item advising that he would no longer take part in the discussion or decision of this hearing.. After further discussion and having heard from the Depute Clerk to the Licensing Board and the applicant in further explanation and in answer to Members’ questions, Members agreed to continue this item to a future meeting of the Licensing Board. DECIDED:- Members agreed to continue this item to a future meeting of the Licensing Board. The meeting closed at 11.21 a.m. Page 6
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THE LICENSING (SCOTLAND) ACT 2005 Application for Variation of Premises Licences Premises Licence Reference: WDLBPREM/0080 Name and Address of Premises: 12-14 Auckland Place, Dalmuir, Clydebank G81 4JZ. Applicant/Licence Holder: McMahon Consultancy on behalf of Akpinder Kaur. Type of Premises: Off Sales. Proposed Application: The applicant seeks a change to the operating hours from 10am to 10pm every day. Addition of home delivery of food/non food & alcohol, paypoint etc. Increase in Off-Sales capacity from 4.73m2 to 8.2m2. Police Authority Comments: No objections. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comment. Regulatory Services Comments: No comment. Community Council Comments: No comments received. Health Board Comments: No comments. Access Panel: Additional Comments: Building Standards - no comment. Section 50 Certificates: Not required. Decision: Item 4 Page 7
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: 12 – 14 Auckland Place, Dalmuir, Clydebank G81 4JZ PREMISES LICENCE HOLDER: Akpinder Kaur The applicants are requesting an increase in off sales display from 4.73m2 to 8.20m2. The application is within IDZ 08 “IZ08 Mountblow, Parkhall West and Dalmuir Central” and is one of 15 IDZs considered overprovided for in the Licensing Board’s Statement of Licensing Policy. The applicants are requesting a terminal hour of 10pm throughout the week; In terms of paragraph 24.2 of the Board’s Statement of Licensing Policy, 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. Following a recent inspection the LSO is satisfied that the following condition is able to be complied with by the applicants; PREMISES LICENCES: ADDITIONAL CONDITIONS APPROVED BY WEST DUNBARTONSHIRE LICENSING BOARD 4 Off Sale Premises and CCTV The minimum CCTV requirements for off sales premises wishing to trade after 8.00 pm will be that:- (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 food and alcohol (not alcohol only) and the addition of hot food, lottery and Paypoint provision. 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; Page 25
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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; PREMISES LICENCES: ADDITIONAL CONDITIONS APPROVED BY WEST DUNBARTONSHIRE LICENSING BOARD 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. 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. I further recommend that the Licensing Board updates the premises licence conditions with the up to date conditions in relation to off sale type premises to Page 26
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prevent crime and disorder and protect Children and Young People from harm and in particular add: 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. 4. 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. Lawrence Knighton Licensing Standards Officer Date: 14 August 2024 Contact : Lawrence Knighton, Licensing Standards Officer, Regulatory Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail : lawrence.knighton@west-dunbarton.gov.uk Page 27
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THE LICENSING (SCOTLAND) ACT 2005 Application for Variation of Premises Licences Premises Licence Reference: WDLBPREM/0187. Name and Address of Premises: Day to Day Express, 148 Montrose Street, Clydebank G81 2PE. Applicant/Licence Holder: McMahon Consultancy on behalf of Liaqat Ali. Type of Premises: Off Sales. Proposed Application: The applicant seeks a variation of addition of home delivery of food and/or alcohol. Addition of Lottery, paypoint etc. Sale of food & non-food as expected in a convenience store. Police Authority Comments: No Police objections. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comment. Regulatory Services Comments: No comment. Community Council Comments: No comments received. Health Board Comments: No comments. Access Panel: Additional Comments: Building Standards no comment. Section 50 Certificates: Not required. Decision: Item 5 Page 29
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: Day to Day Express, 148 Montrose Street, Clydebank G81 2PE PREMISES LICENCE HOLDER: Liaqat Ali The applicants are requesting the addition of home deliveries of food and alcohol (not alcohol only) and the addition of hot food, lottery and Paypoint provision. 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. In relation to home deliveries of alcohol I recommend 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; PREMISES LICENCES: ADDITIONAL CONDITIONS APPROVED BY WEST DUNBARTONSHIRE LICENSING BOARD 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. 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. Page 45
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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. I further recommend that the Licensing Board update the premises licence conditions with the up to date conditions in relation to off sale type premises to prevent crime and disorder and protect Children and Young People from harm and in particular add: 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. 4. 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. Lawrence Knighton Licensing Standards Officer Date: 15 August 2024 Contact : Lawrence Knighton, Licensing Standards Officer, Regulatory Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail : lawrence.knighton@west-dunbarton.gov.uk Page 46
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THE LICENSING (SCOTLAND) ACT 2005 Application for Provisional Premises Licences Premises Licence Reference : WDLBPREM/0317. Name and Address of Premises: Dumbarton (Glasgow Road) Service Station, 36 Glasgow Road, Dumbarton, G82 1QZ. Applicant/Licence Holder: Andrew Hunter Harper MacLeod LLP on behalf of Motor Fuel Limited. Type of Premises: Off Sales. Proposed Application: The premises as a general convenience store adjacent to petrol/derv filling station forecourt. The site has car parking separate from the fuel pumps. The premises do not form part of the nearby retail supermarket premises. The petrol/derv filling station forecourt area is not part of the area to be licensed. The premises offer substantial general convenience separate from, and supplementary to, the offer of petrol/derv. The applicant considers that persons within the locality of the premises are reliant on the premises to a significant extent on the premises as a principal source of petrol or derv or groceries and thereby satisfy the criteria of section 123(5) of the Licensing (Scotland) Act and as such are not excluded premises. Police Authority Comments: No Police objections. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comment. Regulatory Services Comments: No comment. Community Council Comments: No comments received. Health Board Comments: No comments. Item 6 Page 47
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Access Panel: Additional Comments: Section 50 Certificates: Planning Section 50 received. Decision: Page 48
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APPLICATION FOR PREMISES LICENCE/PROVISIONAL PREMISES LICENCE* *Delete as appropriate 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. Dumbarton (Glasgow Road) Service Station, 36 Glasgow Road, Dumbarton, G82 1QZ 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 and telephone number. 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. Motor Fuel Limited, 10 Bricket Road, St Albans, AL1 3JX 05206547 Page 49
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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.* William Bahlsen Bannister Jeremy Clarke Simon Paul Lane Thomas Mckenzie Biggart Timothy Edward Douglas Allan Adam George Wadlow * Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005. Question 3 Previous applications Page 50
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INFILL FIRE EXIT W=785 H=2035 W=890 H=2030 E SD SD SALES FLOOR E W=1075 H=2065 H=1275 S=715 W=645 H=2030 UP 160 SD OFFICE SAFE CCTV SERVER OVER KEY CAB SHELF H=1500 S=1180 NOTICE BOARD ALARM PANEL SHELF filing cabinet W=780 H=2040 MINI SAFE F W=900 H=2040 E SD FAP ALARM PANEL KITCHEN CUPBOARD SD TOILET CO2 SD NOTICE BOARD KEY PAD W=890 H=2030 SD CLEANER W=650 H=2035 SHELF W=650 H=2040 PLANT ROOM SD W=785 H=2035 STORE RACKRACK RACK RACK P P P P BOBO CP LOCKERS PLANT CAGE LOCKERS LOCKERS LOCKERS GAS BOTTLES GATE SECURE PLANT PLANT CAGE PFS COUNTER KAPLANLAR SEDEF M W ITH SAFE TM AX DOORS 1875 SLIM LINE INTEGRAL KAPLANLAR SEDEF M WITH SAFE TMAX DOORS 2500 SLIM LINE INTEGRAL KAPLANLAR SEDEF M WITH SAFE TMAX DOORS 2500 SLIM LINE INTEGRAL 800x370 NEW 1000x370 NEW 1000x370 NEW Single Confect (inc Gum) Bagged ConfecBoxed & USA 1000x470 1000x470 NEW NEW 1000x470 1000x470 NEW NEW 1000x470 NEW 1000x470 NEW SLAT Red, Ales & Multi Take Home Prom o 1 Car Care Bonds 500x200 NEW 500x200 NEW Meds RTC 800x470 800x470 NEW NEW Single Crisps 1202mm 1119mm Comb. Grocery / Non-foods / HBC / Bread / Cake / Biscuit 1391mm Soft DrinksBeer & CiderWine & ARTD's M eal Deal (inc Snacking) Fresh 1000x300 NEW 1000x300 NEW ILLUMINATED BACK PANELS 500x300 NEW 1000x300 NEW Tobacco in drawers Batt & Req JTI Vape Spirits - Big Bottles/Fractional PLANOVER PFS BUNKER 1220x800x962 v1 bump rail bump rail bump rail bump rail PFS NEWSPAPER STAND 1065x785x1425 v2 Newspapers PLANOVER PFS BUNKER 1220x800x962 v1 PLANOVER PFS BUNKER 1220x800x962 v1 A-L46-PFS A-L48-PFS 500x200 NEW Protein Sharing Crisps 12453mm [40'-11"] 8562mm [28'-1"] 1000x370 NEW C R ISP BASKET U N IT 1235m m Ice Cream 1391mm LP LP BO S BO BO BO S BO BO BO S BO BO BO BO BO BO BO BO BO BO BO TB LP LP LP BO BO S BO BO S BO BO S BO BO S LP COL PUMP TB TB BO BOS S S FOOT PATH FOOT PATH FOOT PATH LP LP LP LP S PIPE S S S FO O T PATH TB TB LP BO BO S BO BO S LP TB LP S TB TB LP LP LP TB S S LP LP S S S UNS CANOPY=4620 LP S BO COL COL COL COL COLPUMP PUMP PUMP PUMPPUMP LP CP LP PUMPS PLANTS S LP FOOT PATH LP PFS TOTEM PIPE S GRASS PLANTS FOOT PATH RAIL RAIL RAIL FOOT PATH S LP S LP PLANTS S BO BO BO BO BO S BOBOBOBO BOBOBOBOBOBOBOBOBO BOBOBOBOBOBOBOBOBO S AREAS-STORE SITE AREA (Acres) AREAS-PFS SITE AREA (Acres) 1169 DUMBARTON GLASGOW RD 1:100Scale: 490 Sq. Ft. GLASGOW ROAD DUMBARTON G82 1QZ S A L E S F L O O R only scaled on A3 Site Plan Scale 1:1250 NOTE: TOTAL ALCOHOL DISPLAY AREA: m² SD HD E N2 N1 Key - Fire Symbols E PB PP RS W F P C A V H B IP EL Issue Number 001 Key - Drawing Information Page 63
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MOTOR FUEL LIMITED 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 1(b) Do you have facilities for those with a disability YES 1(c) Do you have any other provisions available to aid the use of the premises by disabled people YES *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 customer areas of the premises are located on a single level. The premises have level entry / exit. Emergency exit points are suitable from use by disabled persons Page 65
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MOTOR FUEL LIMITED Question 3 Facilities available Please describe in detail the facilities provided for disabled people. e.g. disabled toilets, lifts, accessible tables. The premises have a customer toilet with disabled access facilities Grocery items are displayed at different heights. Where a product is outwith the reach of a disabled customer, shop floor staff are available to provide assistance. 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. Assistance dogs are welcome on the premises to assist their owners Disabled Customer parking is available. Page 66
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MOTOR FUEL LIMITED 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 05/03/2024 Capacity Solicitor APPLICANT/AGENT Telephone number and email address of signatory…………………….………….. 07884 112175 Andrew.hunter@harpermacleod.co.uk Page 67
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: Dumbarton (Glasgow Road) Service Station, 36 Glasgow Road, Dumbarton, G82 1QZ PREMISES LICENCE APPLICANT: Motor Fuel Limited, 10 Bricket Road, St Albans, AL1 3JX 05206547 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 2005defines excluded premises:- 123Excluded 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 (b)groceries (where the premises are, or are to be, used also for the sale by retail of groceries). Page 69
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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 IZ12. Finally should the Licensing Board consider granting this application, the LSO recommends that that following licence conditions, as detailed In paragraph 24.2 of the Board’s Statement of Licensing Policy should be applied; 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. PREMISES LICENCES: ADDITIONAL CONDITIONS APPROVED BY WEST DUNBARTONSHIRE LICENSING BOARD 4 Off Sale Premises and CCTV The minimum CCTV requirements for off sales premises wishing to trade after 8.00 pm will be that:- (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 food and alcohol (not alcohol only) and the addition of hot food, lottery and Paypoint provision. 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. Page 70
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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; PREMISES LICENCES: ADDITIONAL CONDITIONS APPROVED BY WEST DUNBARTONSHIRE LICENSING BOARD 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. 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. I further recommend that the Licensing Board updates the premises licence conditions with the up to date conditions in relation to off sale type premises to prevent crime and disorder and protect Children and Young People from harm and in particular add: Part B – Off-Sales The holder of a premises licence shall ensure that:- Page 71
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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. 4. 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. Peter Clyde Licensing Standards Officer Date: 14 August 2024 Contact : Peter Clyde, Licensing Standards Officer, Regulatory Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail : Peter.Clyde@west-dunbarton.gov.uk Page 72
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WEST DUNBARTONSHIRE LICENSING BOARD Report by the Clerk to the Licensing Board 3 September 2024 Subject: Licensing Board Financial Statement 2023/24 1. Purpose 1.1 To allow the Licensing Board to consider its Annual Financial Report in relation to the period 1 April 2023 to 31 March 2024. The report is attached at Appendix 1. 2. Recommendations 2.1 It is recommended that the Licensing Board notes the terms of the Financial Report for 2023/24. 3. Background 3.1 The Air Weapons and Licensing (Scotland) Act 2015 amended the Licensing (Scotland) Act 2005 to impose a statutory duty on the Licensing Board to publish, on an annual basis, a report detailing the Licensing Board’s income and expenditure during the previous financial year. 4. Main Issues 4.1 The financial statement covers the income received in connection with the Licensing Board’s liquor licensing function and expenditure incurred by the Licensing Board. The statement explains how these amounts set out in it have been calculated. 4.2 Members should note that fees relating to liquor licensing are set by the Licensing (Fees) (Scotland) Regulations 2007. 5. Financial and Procurement Implications 5.1 The financial information in this report fulfils a statutory requirement of the Licensing (Scotland) Act 2005. 6. Risk Analysis 6.1 There is no risk to the Board associated with the contents of this report. 7. Equalities Impact Assessment (EIA) 7.1 There are no equalities impacts through consideration of this report. Item 7 Page 73
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8. Consultation 8.1 Legal Services and Finance were consulted in the production of this report and the associated appendix. 9. Strategic Assessment 9.1 There are no strategic implications associated with this report. Alan Douglas Clerk to the Licensing Board 19 August 2024. Person to Contact: Michael McDougall, Depute Clerk to the Licensing Board, Regulatory Services, West Dunbartonshire Licensing Board, Municipal Buildings, Church Street, Dumbarton G82 1NR. Email: michael.mcdougall@west-dunbarton.gov.uk Appendix: Appendix 1 – Financial Report 2023/24 Background Papers: N/A Wards Affected: All Wards Page 74
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Licensing (Scotland) Act 2005 West Dunbartonshire Licensing Board Financial Report Financial Year: 2023/24 The West Dunbartonshire Licensing Board is required under section 9B of the Licensing (Scotland) Act 2005 to publish an annual financial report. This report has been prepared using financial data taken on 31/03/2024. The relevant budgets and other finance sources that the data has been extracted from have not yet been audited. Consequently, the figures provided in this report are indicative and cannot be relied upon as an accurate reflection of income and expenditure relative to the exercise of the Licensing Board’s functions under the Licensing (Scotland) Act 2005. The financial statement is as follows: Income (1) Premises Licence £1,900 Provisional Premises Licence £860 Confirmation £2,400 Annual Fees £79,700 Transfers £1,400 Minor Variations £1,945 Major Variations £2,700 Extended Hours £420 Occasional Licence £3,360 Personal Licence £4,670 Total £99,355 Direct Staff Costs (2) Licensing Administration Costs £102,955 Legal Services £57,153 Administrative Support £21,848 Elected Members £6,222 Total £188,178 Other Direct Costs (3) Legal Expenses £347 Travel Expenses £278 Mobile Phones £29 £654 Indirect Costs (4) ICT £36,125 Accommodation £4,325 Facility Management £53,561 Financial Services £42,009 Central Support Allocation £136,020 Total: £101,322 Item 7 Appendix 1 Page 75
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Net Income – Expenditure £208,030 Notes: 1. Denotes income from the categories detailed for applications and annual fees received under the Licensing (Scotland) Act 2005 2. Denotes salary, superannuation, national insurance and pension costs associated with the Clerk and other Legal Services staff, Licensing Administration Costs and other staff responsible for administrative support under paragraph 8 of Schedule 1 to the Licensing (Scotland) Act 2005. 3. Denotes the identified direct budgetary costs associated with the exercise of the Licensing Board function under each category provided. 4. Denotes the portion of central administrative costs allocated to the Licensing Board budget for each category provided. Page 76
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WEST DUNBARTONSHIRE LICENSING BOARD Report by the Clerk to the Licensing Board Licensing Board Meeting: 3 September 2024 Subject: Festive Hours Policy 2024/25 1. Purpose To propose a policy on an extension to licensed hours during the festive period in terms of Section 67 of the Licensing (Scotland) Act 2005 (“the Act”). 2. Recommendations 2.1 It is recommended: (a) that the 2024/25 Festive Period is defined as being Monday 9 December 2024 to Thursday 2 January 2025 inclusive; (b) that premises licence holders – with permission to utilise festive extensions - without significant entertainment (public houses, hotel bars and members’ clubs fall into this category) may trade for one hour more than the normal licensed hours during the festive period with the exception of Hogmanay; (c) that premises licence holders – with permission to utilise festive extensions - without significant entertainment (public houses, hotel bars and members’ clubs) may trade to 3 a.m. on Hogmanay on condition that last entry to the premises is 11 p.m. and the event is pre- ticketed; (d) that premises licence holders - with permission to utilise festive extensions - offering significant entertainment (nightclubs) may trade until 4 a.m. during the festive period; (d) premises licence holders without permission to utilise festive extensions may apply for extended hours certificates in relation to the festive period; (e) that authority for the granting of applications for extended hours certificates over the Festive Period be delegated to the Clerk to the Licensing Board, if the terms of the application are in accordance with the foregoing agreed recommendations; and (f) that should applications for extended hours certificates be submitted which fall outwith the agreed hours or foregoing recommendations, then any such applications may require to be submitted to the Board for consideration, particularly where objections are forthcoming. Item 8 Page 77
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3. Background 3.1 Section 67 of the Act allows a licensing board, where they consider it appropriate to do so in relation to a special event of local or national significance, to determine that licensed hours can be extended by a specified period. 3.2 The Licensing Board’s new Statement of Policy (coming into effect November 2023) at paragraph 33 notes that it may utilise section 67 of the 2005 Act so to grant a general extension to relevant premises’ licensed hours during the festive season. This means that these premises will not be required to submit an application for an extended hours certificate to utilise these hours. Premises falling outwith the scope of this general extension or wishing to have additional hours beyond the terms of the general extension will be able to submit an application for an extended hours certificate. 3.3 The Festive Hours Policy, as agreed by the Licensing Board, will be served on Police Scotland and will be circulated to licence holders. Licensing Standards Officers will highlight the Festive Hours Policy during routine visits to licensed premises and will circulate it through trade associations. 4. Main Issues 4.1 The proposed Festive Hours Policy is enclosed at Appendix 1. The Policy narrates that where a premises licence holder’s operating plan at Question 4 indicates that they will operate according to seasonal demand then the premises will be entitled to utilise the additional hours granted by the Licensing Board by way of a general extension subject to a notification requirement. 4.2 Where a premises licence holder’s operating plan at Question 4 does not indicate that they will operate according to seasonal demand then an application for an extended hours certificate will need to be submitted and granted for the premises to take advantage of the additional hours outlined in the Policy. 4.3 It is proposed that the authority for the granting of applications for extended hours certificates be delegated to the Clerk of the Licensing Board where the terms of the application mirror the Policy. Applicants seeking hours outwith the terms of the Policy and the Licensing Board’s Statement of Licensing Policy will likely to be required to be referred to a meeting of the Licensing Board. 4.4 Given that the premises licence holder must notify the Licensing Section and Police Scotland before utilising these additional hours, Police Scotland will be aware of the premises’ intentions. Page 78
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4.5 In keeping with the practice of previous years, the Festive Period is defined as being be from Monday 9 December 2024 to Thursday 2 January 2025 inclusive. 5. People Implications 5.1 All extended hours applications shall be processed by Licensing Section staff on behalf of the Board without adverse impact on the service provided by the Board or Licensing Section. 5.2 A general extension will reduce the number of applications for extended hours certificates. 6. Financial Implications 6.1 The report may have a financial benefit to the licensed trade over the Festive Period. 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities, Health & Human Rights Impact Assessment (EIA) 8.1 EIA 796: This Policy grants additional hours (usually only one hour) during the festive period. This has happened over a number of years. There have been no issues reported with the operation of this Policy. 9. Consultation 9.1 The proposals contained within this report have been previously discussed with Police Scotland. Police Scotland were content with the terms of the Policy subject to the condition that they are notified of which premises are taking up these hours. Alan Douglas Clerk to the Licensing Board 16 August 2024 Person to Contact: Michael McDougall, Manager of Legal Services, West Dunbartonshire Licensing Board, Council Offices, 16 Church Street, Dumbarton, G82 1QL Appendix: Appendix 1 - Festive Hours Policy Page 79
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Background Papers: None Wards Affected: All Wards. Page 80
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WEST DUNBARTONSHIRE LICENSING BOARD Festive Hours Policy 2024/25 Background The West Dunbartonshire Licensing Board at its meeting of 3 September 2024 agreed the terms of its Festive Hours Policy in terms of section 67 of the Licensing (Scotland) Act 2005. The effect of this Policy is to grant premises additional hours where either:- 1. the premises’ Operating Plan at Question 4 indicates that they tend to operate according to seasonal demand; or 2. the premises successfully applies for an extended hours certificate. Requirements In order to utilise these additional hours premises must:- 1. make sure that their premises licence’s operating plan at Question 4 indicates that the premises intends to operate according to seasonal demand. If not, then an application for an extended hours certificates must be submitted and granted prior to the licensed premises using any additional hours; and 2. notify the Council’s Licensing Section and Police Scotland’s Licensing Department of those nights that the premises wishes to utilise the additional hours. Such notification must be made by 30 November 2023 (or where there are exceptional circumstances a later date as agreed with the Clerk to the Licensing Board). The email addresses are as follows:- • licensing@west-dunbarton.gov.uk • argylldunbartonshirelicensing@scotland.police.uk If these requirements are not met, then the premises cannot utilise the additional hours and must apply for an extended hours certificate. This application can be submitted via the Licensing Board’s webpage1. Period Monday, 9 December 2024 to Thursday 2 January 2025 inclusive. Terms of Policy The effect of this Policy for premises where their operating plan at Question 4 indicates that they will trade according to seasonal demand, is as follows:- 1 https://www.west-dunbarton.gov.uk/business/licences-permits-and-permissions/alcohol-licences/licences- extended- hours/#:~:text=An%20extended%20hour%27s%20application%20is,for%20a%20one%2Doff%20event. Item 8 Appendix 1 Page 81
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i) That premises without significant entertainment (public houses, hotel bars and members’ clubs fall into this category) may trade for one hour more than their normal licensed hours during the festive period with the exception of Hogmanay. ii) That premises licence holders without significant entertainment (public houses, hotel bars and members’ clubs) may trade to 3 am on Hogmanay on condition that last entry to the premises is 11pm and the event is pre-ticketed. iii) That premises licence holders offering significant entertainment (Nightclubs) may trade until 4 am during the festive period. It should be noted that premises must notify the Licensing Section and Police. Premises licence holders without permission to utilise festive extensions may apply for extended hours certificates in relation to the festive period so to mirror the additional hours narrated above. Questions Please contact the Council’s Licensing Section at licensing@west-dunbarton.gov.uk. Page 82