Document Pack - Licensing Board - 29 October 2024
West Dunbartonshire Council · 29 October 2024
Back to Licensing Board — 29 October 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 14 October 2024 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 29 OCTOBER 2024 Notice is hereby given that a Meeting of West Dunbartonshire Licensing Board will be held at 10.00 a.m. on Tuesday, 29 October 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 Fiona Hennebry Councillor John Millar (Chair) Councillor Lawrence O’Neill Provost Karen Murray Conaghan Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Chief Executive Chief Officer – Regulatory and Regeneration Date Issued: 14 October 2024 Page 2
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LICENSING BOARD – TUESDAY, 29 OCTOBER 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 the Licensing Board held on Tuesday, 3 September 2024. 4 APPLICATION FOR A PROVISIONAL PREMISES 9 - 38 LICENCE Submit for consideration, an application for a Provisional Premises Licence for 6/8 Webster Street, Clydebank G81 1AZ. 5 APPLICATION FOR GRANT OF A PERSONAL LICENCE 39 - 42 Submit report by Clerk of the Licensing Board regarding an application of a Personal Licence for Mr Raymond Yip. _______________________________________________________________ Page 3
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WEST DUNBARTONSHIRE LICENSING BOARD At a Meeting of West Dunbartonshire Licensing Board held in the Council Chambers, Council Chambers, Clydebank Town Hall, Clydebank on Tuesday, 3 September 2024 at 10.00 a.m. Present: Councillors John Millar, Lawrence O’Neill, Chris Pollock, Hazel Sorrell and Sophie Traynor. 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: Mr Andrew Hunter, Solicitor and Representative – MotorFuels Ltd. application; Mr Brian McMahon, Representative – Akpinder Kaur and Liaqat Ali applications. Apologies: Apologies for absence were intimated on behalf of Councillors Gurpreet Singh Johal, Jonathan McColl and June McKay and Sergeant David Holmes, Police Scotland. Mr Michael McDougall in the Chair ELECTION OF CONVENOR OF LICENSING BOARD Mr McDougall opened the meeting and advised Councillor June McKay had resigned as Convenor of the Licensing Board with immediate effect and asked Members to elect a new Convenor of the Licensing Board. Councillor Sorrell, seconded by Councillor O’Neill, moved Councillor Millar as nomination for Convenor. Councillor Traynor, seconded by Councillor Pollock moved Councillor Pollock as nomination for Convenor. Councillor Pollock received 2 votes, namely Councillors Pollock and Trayner. Councillor Millar received 3 votes, namely Councillors Millar, O’Neill and Sorrell. Councillor Millar was declared Convenor of the Licensing Board. Councillor John Millar in the Chair ITEM 3 Page 5
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ADJOURNMENT Mr McDougall adjourned the meeting for a short recess to allow Councillor Millar to take the chair. The meeting reconvened at 10.04 a.m. with all those listed in the sederunt present. 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, 18 June 2024 were submitted and approved as a correct record. VARIATION IN ORDER OF BUSINESS Having heard the Convenor, the Board agreed to vary the order of business as hereinafter minuted. APPLICATION FOR A PROVISIONAL PREMISES LICENCE An application was submitted for consideration for a Provisional Premises Licence for Dumbarton (Glasgow Road) Service Station, 36 Glasgow Road, Dumbarton, G82 1QZ. Members first heard from Peter Clyde, Licensing Standards Officer, then from Mr Hunter, Solicitor and Representative in support of the application. After discussion and having heard the Solicitor in further explanation and in answer to Members’ questions, Members agreed to grant the application. DECIDED:- Members agreed to grant the application. APPLICATION FOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for a Variation of Premises Licence for 12-14 Auckland Place, Dalmuir, Clydebank G81 4JZ. Members first heard from Lawrence Knighton, Licensing Standards Officer then from Mr McMahon, Representative in support of the application. After discussion and Page 6
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having heard the Solicitor in further explanation and in answer to Members’ questions, Members agreed to grant the application. DECIDED:- Members agreed to grant the application. APPLICATION FOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for a Variation of Premises Licence for Day to Day Express, 148 Montrose Street, Clydebank G81 2PE. Members first heard from Lawrence Knighton, Licensing Standards Officer then from Representative in support of the application. After discussion and having heard Mr McMahon in further explanation and in answer to Members’ questions, Members agreed to grant the application. DECIDED:- Members agreed to grant the application. LICENSING BOARD FINANCIAL STATEMENT 2023/24 A report was submitted 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. After discussion and having heard the Depute Clerk to the Licensing Board in further explanation and in answer to Members’ questions, the Board agreed to note the terms of the Financial Report for 2023/24. DECIDED:- The Board agreed to note the terms of the Financial Report for 2023/24. FESTIVE HOURS POLICY 2024/25 A report was submitted by the 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”). After discussion and having heard the Depute Clerk to the Licensing Board in further explanation and in answer to Members’ questions, the Board agreed subject to clarifying that the deadline for notification is 30 November 2024 not 30 November 2023:- Page 7
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(1) that the 2024/25 Festive Period is defined as being Monday 9 December 2024 to Thursday 2 January 2025 inclusive; (2) 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; (3) 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; (4) that premises licence holders - with permission to utilise festive extensions - offering significant entertainment (nightclubs) may trade until 4 a.m. during the festive period; (5) that premises licence holders without permission to utilise festive extensions may apply for extended hours certificates in relation to the festive period; (6) 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 (7) 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. The meeting closed at 10.59 a.m. Page 8
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THE LICENSING (SCOTLAND) ACT 2005 Application for Provisional Premises Licences Objections Premises Licence Reference : WDLBPREM/0318. Name and Address of Premises: 6/8 Webster Street, Clydebank G81 1AZ Applicant/Licence Holder: Audrey Junner, Hill Brown Licensing on behalf of Webster Street Stores Ltd. Type of Premises: Off Sales. Proposed Application: Free standing licensed convenience store in own grounds in suburban location. Police Authority Comments: No Police objections. Licensing Standards Comments: Please see attached report. Fire Authority Comments: No comments received. Regulatory Services Comments: Building Standards and Planning no comments. Community Council Comments: No comments received. Health Board Comments: No comments received. Access Panel: No comments received. Additional Comments: As at date of writing, three on time public objections have been received and included in the papers. One late public objection has been received and is not included with the Licensing Board members being required to decide whether to admit it. Section 50 Certificates: Planning Section 50 received. Decision: ITEM 4 Page 9
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West Dunbartonshire Licensing Board PROVISIONAL 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. 6/8 Webster Street Clydebank G81 1AZ 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. Webster Street Stores Ltd 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.* Hennah Zahra Sheikh, * Connected person is defined in section 147(3) of the Licensing (Scotland) Act 2005. 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 Page 12
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Contact Us: West Dunbartonshire Licensing Board Council Offices 16 Church Street Dumbarton G82 1QL Phone: 01389 738741 Email: licensing@west-dunbarton.gov.uk Page 15
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6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 22
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Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? On sales – N/A Off sales – 9.25m2 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name To be advised 8(b) Date of birth 8(c) Contact address 8(d) Email address Page 23
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750 2256 W x 2050 H = 4.62m² Sales Counter Alcohol Display 2256 W x 2050 H = 4.62m² Alcohol Display Sales Floor Unisex WCStoreStore Store Shutter 12914 12763 5550 3201 4237 6170 10645 EL EL EL 2351 Fire alarm sounder Smoke detector Emergency lighting Fire extinguisher - Carbon dioxide Fire alarm call point Fire Alarm / Equipment SymbolsKey: Illuminated exit sign Heat detector Fire extinguisher - Water Fire extinguisher - Powder Fire extinguisher - Foam Fire blanket EXIT EL SD Carbon Monoxide Detector HD CM FB C W P F Notes: The location and type of any fire safety equipment indicated on this plan reflects that identified at the time of survey. This may be varied from time to time with the agreement of the Fire officer or after a risk assessment. Efforts should be made to ensure that all fire fighting and saftey equipment meets the relevent provisions and standards. Plan based on information provided by others. Activities will take place throughout the premises as per Question 5 of the Operating Plan. Children and young persons will have access throughout. Any information provided on the Layout Plan that is not relevant to the Licensing (Scotland) Act 2005 is for information purposes only. Perimeter of the licensed area Licensed Walkway General Fire Action NoticeGFAN Staff Fire Action NoticeSFAN Alcohol Display LICENCE PLAN ONLY Co Const, P Const, PER & UA Bdy 4 2 21 20 WEBSTER STREET 22 39 31 FF 16 37 REELICK AVENUE 6 to 8 9 105 Burgh Const Bdy 11 251216 251266 251316 251316669755 669805 669855669855 Do not scale from this drawing. If in doubt, ask. This drawing is the property of AYA and must not be copied, reproduced or disclosed without written permission. revisions // Eastend Farm Kittochside Glasgow G76 9EP +44(0)7899767912 by // date // project title // drawing title // issue stage // date // drawn // scale @ A3 // project // dwg number // revision // 6 - 8 Webster Street Clydebank Glasgow G81 1AZ Proposed Licensing Plan Licensing Jun 2024 CAD As Noted 24001 LP001 ~ 0m 1m 4m Proposed Plan Scale 1:100 North Site Location Plan Scale 1:1250 . . . . Page 25
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: 6/8 Webster Street, Clydebank, G81 1AZ PREMISES LICENCE APPLICANT: Webster Street Stores Limited, 70 Ratho Drive, Glasgow, G68 0GG 814102 Premises Background This premises previously held an alcohol premises licence since the transition to the Licensing (Scotland) 2005 Act however the licence was revoked by the Licensing Board in March 2023 for non-payment of annual fees. LSO comments This application may be contrary to the Licensing Board’s Statement of Licensing Policy; namely Part 4:- Overprovision as these premises are located in IZ 01 - Clydebank East inc. Whitecrook (part). 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 for the purposes of Preventing Crime and Disorder and Protecting Children and Young People from Harm; 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 available for inspection as aforesaid a printed copy of the refusal register’s entries. Lawrence Knighton Licensing Standards Officer Date: 10 October 2024 Contact : Lawrence Knighton, Licensing Standards Officer, Regulatory Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. Page 27
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E-mail : lawrence.knighton@west-dunbarton.gov.uk Page 28
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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 NO 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. Level entrance to shop Page 29
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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. Assistance and guide dogs welcome Page 30
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From: Online Forms To: Licensing Subject: Pro forma for objections and representations to a Premises Licence Application - FS-Case-651870052 Date: 03 October 2024 15:09:19 Applicant's Name: Audrey junner, Hill Brown Licencing Premises Address: Postcode House Name Flat House Number Street Area Town Postcode G81 1AZ 6/8 webster street Whitecrook Clydebank G81 1AZ Application Details: Application for a licenced premises Please detail what you are lodging: an objection Details of objection/representation: I am writing to formally object to yet another licenced premises, there is around 8 stores within the local area selling drink and this area has a huge drink problem as is and another drink shop would just add to the problem in my opinion If you are making a representation and there are modifications which could be made to the Operating Plan or conditions which you feel could be imposed which would address your concerns, please provide details : Title: Mr First Name: Colin Surname: Fleming Address: Postcode House Name Flat House Number Street Area Town Postcode Page 33
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Contact Number: Email Address: Name: Colin Fleming Date: 03/10/2024 Capacity: Page 34
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From: Licensing To: Lawrence Knighton; Carolann Anderson Subject: FW: Pro forma for objections and representations to a Premises Licence Application - FS-Case-651652382 Date: 03 October 2024 10:05:00 From: Online Forms <DoNotReply@west-dunbarton.gov.uk> Sent: Wednesday, October 2, 2024 9:16 PM To: Licensing <Licensing@west-dunbarton.gov.uk> Subject: Pro forma for objections and representations to a Premises Licence Application - FS- Case-651652382 Applicant's Name: Audrey Junner, Hill Brown Licensing Premises Address: Postcode House Name Flat House Number Street Area Town Postcode G81 1AZ 6/8 Webster Street Clydebank G81 1AZ Application Details: Application for premises off licence Please detail what you are lodging: an objection Details of objection/representation: I am writing to formally object to this application for an off-licence premises on the basis of over provision in this area of Clydebank East, including Whitecrook. I have a premises with a granted off- licence, which is within 0.4 miles of the proposed premises, and easily accessible by foot. To illustrate the saturation of off-licence premises, I have listed the off licence premises already in Whitecrook: - Fleming Avenue, Whitecrook, G81 - Shopsmart, Yokermill Road, Whitecrook, G81 - Key Store, Duntreath Avenue, Whitecrook, G81 - Shell Garage, Glasgow Road, Whitecrook, G81 - Lidl, Glasgow Road, Whitecrook, G81 - Ahmed brothers, East Barns St, Whitecrook, G81 - Costcutter, Glasgow Rd, Whitecrook, G81 - LIfeStyle express, Whitecrook Street, G81. I believe there is no necessity for an additional establishment in this area due to over- provision. If you are making a representation and there are modifications which could be made to the Operating Plan or conditions which you feel could be imposed which would address your concerns, please provide details : Title: Mr First Name: Gulzar Surname: Ahmed Page 35
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Email Address: Name: Paul Torrance Date: 2024-10-03 Capacity: Page 38
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From: Online Forms To: Licensing Subject: Application for a personal licence - PL_641001203 Date: 23 August 2024 17:51:21 Attachments: image.jpg Is the application a: First Application for a personal licence,Renewal of a personal licence Do you hold an accredited qualification?: Yes Please upload a copy of the qualification if available: image.jpg Do you currently hold a personal licence?: Yes Title: Mr First Name: Raymond Surname: Yip Previous name (e.g. maiden name) if applicable: Date of Birth: Place of Birth: National Insurance Number : Address: Postcode House Name Flat House Number Street Area Town Postcode ITEM 5 Page 39
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Correspondence Address (if different to address above): Contact Telephone Number: Email Address: Criminal Convictions: I confirm that I have no such Criminal Convictions Declaration: I declare that the information on this form is true and accurate to the best of my knowledge. I understand that I must notify the Licensing Section immediately if my circumstances change. (please tick to confirm) Name: Raymond Yip Date: 2024-08-23 Privacy Notice: No Summary Data Amount: 50.00 Page 40
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OFFICIAL 16 September 2024 Our Ref L/LIC/JSY Your Ref: The Clerk West Dunbartonshire Licensing Board Municipal Buildings College Street DUMBARTON G82 1NR Argyll & West Dunbartonshire ‘L’ Division Headquarters Stirling Road DUMBARTON G82 3PT Tel: Dear Sir LICENSING (SCOTLAND) ACT 2005 APPLICATION FOR THE GRANT OF A PERSONAL LICENCE APPLICANT: RAYMOND YIP – I refer to the above application and in terms of section 73(3)(b) of the Licensing (Scotland) Act 2005, I have to advise you that the applicant has been convicted of the following relevant offence. Date Court Crime / Offence Disposal 15/03/2022 Glasgow & Strathkelvin Sheriff Misuse of Drugs Act 1971 Section 5(3) MOD: Cannabis Sentence Deferred to 01/04/2022, Fined £150, Victim Surcharge £10 The circumstances of this offence being that on 1 April 2021, officers observed a male enter the rear of a then parked vehicle and thereafter leave same within 30 seconds. Officers thereafter approached the vehicle and found Mr Yip within the driver’s seat and another male within the front passenger seat. On conversing with both, officers detected a smell of cannabis emanating from the vehicle. As such, Mr Yip and the other male were detained in terms of Section 23 Misuse of Drugs Act 1971 for the purposes of a search. On searching said vehicle and contents within, various sealed bags containing green herbal material were located worth an estimated £1000. In terms of section 73(4) of the Licensing (Scotland) Act 2005, the Chief Constable, in having regard to the above recommends that, for the purposes of the crime prevention objective, the application be refused. Page 41
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OFFICIAL -2- I am unable to confirm the existence of any foreign offence in respect of the applicant. Yours faithfully Gary I’Anson Divisional Commander Page 42