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APPROVED Minute of Licensing Board - 9 May 2023 v.1

West Dunbartonshire Council · 9 May 2023
Back to Licensing Board — 9 May 2023 and its agenda

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Page 1

WEST DUNBARTONSHIRE LICENSING BOARD 
At a Meeting of West Dunbartonshire Licensing Board held in the Council Chambers,
Clydebank Town Hall, 5 Hall Street, Clydebank on Tuesday, 9 May 2023 at 10.04
a.m. 
Present:  Councillors Gurpreet Singh Johal, June McKay, John Millar,
Chris Pollock and Hazel Sorrell. 
Attending: Michael McDougall, Depute Clerk to the Licensing Board; Peter
Clyde and Lawrence Knighton, Licensing Standards Officers;
Marie Grant, Licensing Assistant; and Lynn Straker, Committee
Officer. 
Also Attending: Sergeant David Holmes, Police Scotland; Archie McIvor,
Solicitor and Representative for Application for Provisional
Premises Licence – Suite 2; Dr Daniel Carter, Consultant in
Public Health Medicine and Andrew Anderson, Personal Licence
holder. 
Apologies: Apologies for absence were intimated on behalf of Councillors
Jonathan McColl and Lawrence O’Neill. 
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 MEETING 
The Minutes of the Licensing Board meeting held on Tuesday, 7 March 2023 were
submitted and approved as a correct record. 
APPLICATION FOR PROVISIONAL PREMISES LICENCE 
A report was submitted for consideration of an application for Provisional Premises
Licence for Suite 2, Strathleven House, Vale of Leven Industrial Estate, Dumbarton
G82 3PD.

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After discussion and having heard the Depute Clerk to the Licensing Board in further
explanation and in answer to Members’ questions, the Board agreed then heard from
Mr McIvor as Solicitor and Representative of the Application. 
After further information was provided from Licensing Standards Officer (LSO)
Lawrence Knighton and no comments or objections having been received, the Board
agreed to Grant the application subject to conditions within the Provisional Licence
Act as detailed by the LSO being met. 
DECIDED:- 
Application granted subject to conditions stipulated within the Provisional Licencing
Act. 
STATEMENT OF LICENSING POLICY – OVERPROVISION EVIDENCE FROM
NHS GREATER GLASGOW AND CLYDE AND WEST DUNBARTONSHIRE HSCP 
A report was submitted by Clerk to the Licensing Board providing Members with
information detailing alcohol and public health statistics as contained in the NHS
Greater Glasgow and Clyde and West Dunbartonshire Health and Social Care
Partnership (“HSCP”) Overprovision Assessment report as annexed at Appendix 1 of
the report. It also detailed the outcome of a public consultation on alcohol
consumption and purchasing habits in West Dunbartonshire as carried out by the
West Dunbartonshire HSCP as annexed at Appendix 2 of the report. 
Members of the Board heard an introduction from Mr McDougall, Depute Clerk to the
Board, and then viewed a presentation led by Dr Daniel Carter, Consultant in Public
Health Medicine, detailing facts and data gathered from various sources of research
and assessment in determining Overprovision of alcohol within West
Dunbartonshire. 
ADJOURNMENT 
The Chair adjourned the meeting for a short recess.  The meeting reconvened at
10.53 a.m. with all those listed in the sederunt present. 
After further discussion and having heard Mr McDougall and Dr Carter in further
explanation and in answer to Members’ questions, the Board agreed:- 
(1) to note the terms of the information submitted from NHS Greater Glasgow and
Clyde and West Dunbartonshire HSCP; 
(2) if required, to request any further data or information from NHS Greater
Glasgow and Clyde and West Dunbartonshire HSCP and in particular
information relating to the impact of Minimum Unit Pricing on the alcohol and
public health statistics detailed in the Overprovision Assessment report.

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DECIDED:- 
The Board agreed to the recommendations of the report. 
STATEMENT OF LICENSING POLICY – OVERPROVISION ASSESSMENT 
A report was submitted by Clerk of the Licensing Board providing information to
allow the Licensing Board to determine the extent to which it considers there to be
over provision of licensed premises, or licensed premises of a particular description
in any locality within the Licensing Board’s area. 
After discussion, in consideration of the material presented to the Board at its
meeting of 7 March 2023 and today and in particular, the statistics provided by the
NHS, Police Scotland, and Licensing Standards Officer; and having heard the
Depute Clerk to the Licensing Board in further explanation and in answer to
Members’ questions, the Board agreed:- 
(1) to the recommendations made by the Licensing Forum in relation to
overprovision; 
(2) that there is a dependable causal link between the alcohol related harm and
the number and capacity of licensed premises, in respect of the categories
defined in the current Statement of Licensing Policy, in respect of all
intermediate zones forming West Dunbartonshire with the exception of:- 
i. IZ05 (Goldenhill, Parkhall North, East Kilbowie & Hardgate Central); 
ii. IZ07 (Duntocher & Concho); and 
iii. IZ09 (Old Kilpatrick) 
(3) that it will continue to recognise the positive health benefits associated with 
increased employment opportunities as a factor that applicants may use in 
support of their application and a factor that may rebut such a presumption; 
(4) that it will consult on making increases in the capacities (both on and off-
sales) of premises licences part of the assessment of overprovision; and 
(5) that the consultation results will be reported to it at a future Licensing Board
meeting so as to inform the development of the Assessment of Overprovision. 
DECIDED:- 
The Board agreed to the recommendations of the report and that consultation results
will be reported back to the Licensing Board at a future Board meeting so as to
inform the development of the Assessment of Overprovision within West
Dunbartonshire. 
Note:- Dr Daniel Carter left the meeting after discussion of this item.

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DEVELOPMENT OF THE STATEMENT OF LICENSING POLICY 
A report was submitted by Clerk of the Licensing Board providing information to
allow the Licensing Board to consider proposed changes to the Licensing Board’s
Statement of Licensing Policy, other than those that relate to the Overprovision
Assessment. All proposed changes will be subject to consultation. 
After discussion and having heard the Depute Clerk to the Licensing Board in further
explanation, the Board agreed:- 
(1) to note the Licensing Forum recommendations as well as responses to its
pre-consultation exercise; and 
(2) to authorise the Clerk to prepare a new Statement of Licensing Policy with the
approved amends at paragraphs 4.16 to 4.21. 
REVIEW OF PREMISES LICENCES – 6/8 WEBSTER STREET 
Mr McDougall, Depute Clerk to the Licensing Board, noted that in terms of Section
36 of the Licensing (Scotland) Act 2005, Members are requested to hold hearings to
consider the Review of Premises Licences for the above noted premises. 
Mr Knighton, Licensing Standards Officer (LSO), detailed the letters and
communication attempts with the premise Licence holder which had all been
unsuccessful in payment of Outstanding Annual Licence Fees. He also noted the
premises was not currently trading. 
After discussion and having heard the Depute Clerk to the Licensing Board and LSO
in further explanation and in answer to Members’ questions, the Board agreed to
revoke the Premises Licence with immediate effect. Mr Knighton advised he would
notify the Premises Licence holder accordingly. 
DECIDED:- 
The Board agreed to revoke the Premises Licence. 
REVIEW OF PREMISES LICENCES – JENNERS 
Mr McDougall, Depute Clerk to the Licensing Board, noted that in terms of Section
36 of the Licensing (Scotland) Act 2005, Members are requested to hold hearings to
consider the Review of Premises Licences for the above noted premises. 
Mr McDougall noted however that recent communication had been received from the
Premises Licence holder on 9 May 2023 apologising for delay of payment and lack
of communication and promising immediate payment of outstanding fees as a matter
of urgency. The Board agreed that if payment was received prior to the next meeting
of the Licensing Board on 27 June 2023, then they will remove the suspension on
the Licence. Members of the Board also requested a response is sent to the Licence

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holder detailing the delay and lack of communication is not acceptable going
forward. 
DECIDED:- 
The Board agreed to await immediate payment of outstanding Annual Licence Fee
and revoke suspension of Licence once received. 
REVIEW OF PERSONAL LICENCE – CLYDEBANK HOTEL 
Mr McDougall, Depute Clerk to the Licensing Board, noted that in terms of Section
36 of the Licensing (Scotland) Act 2005, Members are requested to hold hearings to
consider the Review of Premises Licences for the above noted premises. 
Mr Knighton, Licensing Standards Officer (LSO), detailed the letters and
communication attempts with the premise Licence holder which had all been
unsuccessful in payment of Outstanding Annual Licence Fees. He also noted the
premises was not currently trading. 
After discussion and having heard the Depute Clerk to the Licensing Board and LSO
in further explanation and in answer to Members’ questions, the Board agreed to
revoke the Premises Licence with immediate effect. Mr Knighton advised he would
notify the Premises Licence holder accordingly. 
DECIDED:- 
The Board agreed to revoke the Premises Licence. 
REVIEW OF PREMISES LICENCES – NICOS NOSH 
Mr McDougall, Depute Clerk to the Licensing Board, noted that in terms of Section
36 of the Licensing (Scotland) Act 2005, Members are requested to hold hearings to
consider the Review of Premises Licences for the above noted premises. 
Mr Knighton, Licensing Standards Officer (LSO), detailed the letters and
communication attempts with the premise Licence holder which had all been
unsuccessful in payment of Outstanding Annual Licence Fees. He also noted the
premises was not currently trading. 
After discussion and having heard the Depute Clerk to the Licensing Board and LSO
in further explanation and in answer to Members’ questions, the Board agreed to
revoke the Premises Licence with immediate effect. Mr Knighton advised he would
notify the Premises Licence holder accordingly. 
DECIDED:- 
The Board agreed to revoke the Premises Licence.

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Note:- Councillor Gurpreet Singh Johal left the meeting after decision on this item. 
EXCLUSION OF PRESS AND PUBLIC 
The Board agreed the press and public be excluded from the meeting for the
following item of business on the grounds that it may involve the likely disclosure of
exempt information which is currently subjudice. 
The meeting closed at 11.48 a.m.