Document Pack (Bookmarked and Agenda) Licensing Board - 31 October 2023
West Dunbartonshire Council · 31 October 2023
Back to Licensing Board — 31 October 2023 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 18 October 2023 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 31 OCTOBER 2023 Notice is hereby given that a Meeting of West Dunbartonshire Licensing Board will be held at 10.00 a.m. on Tuesday, 31 October 2023. The Convener has directed that the meeting will be held as an in-person meeting only in the Council Chambers, Clydebank Town Hall, Clydebank, G81 2NR. 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 All other Councillors for information Chief Executive Chief Officer – Regulatory and Regeneration Date issued: 18 October 2023 Page 2
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LICENSING BOARD – TUESDAY, 31 OCTOBER 2023 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 - 9 Submit for approval, as a correct record, the Meeting of the Licensing Board held on 5 September 2023. 4 11 - 33 APPLICATION FOR PROIVISIONAL PREMISES LICENCE Submit for consideration, an application for Major Variation of Premises Licence at 137-139 Hawthorn Street, Clydebank G81 3NH. 5 35 - 55APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE Submit for consideration, an application for Provisional Premises Licence for Lidl, Site at Mitchell Way, Alexandria G83 0LW. 6 REPORT ON FESTIVE HOURS POLICY 2023-2024 57 - 62 Submit report by Clerk to the Licensing Board proposing a policy detailing the Festive Hours Policy for 2023-2024. ____________________________________________________________________ Page 3
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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, 5 September 2023 at 10.00 a.m. Present: Councillors Gurpreet Singh Johal, Jonathan McColl, June McKay and Chris Pollock. Attending: Michael McDougall, Depute Clerk to the Licensing Board; Peter Clyde and Lawrence Knighton, Licensing Standards Officers; Dr Daniel Carter, NHS GGC Representative; Judi Ferguson, Lead Building Standards Surveyor and Lynn Straker, Committee Officer. Also Attending: Sergeant David Holmes, Police Scotland; Carolann Anderson, Licensing Assistant; Solicitors and Representatives Mr Stuart Forsyth, Ms Laura McCabe, Mr Mark Fisher, Ms Claire Kyle, Mr Stephen McGowan, Ms Sandra Donnelly, Mr Chris Anderson, Mr David Lingard, Mr Andrew Hunter and Ms Claire Kyle and Applicants Mr Farooq and Mr Chris Sweeney. Apologies: Apologies for absence were intimated on behalf of Councillors John Millar, Lawrence O’Neill and Hazel Sorrell. 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, 27 June 2023 were submitted and approved as a correct record. VARIATION IN ORDER OF BUSINESS Having heard the Chair, the Committee agreed to vary the order of business as hereinafter minuted. Item 3 Page 5
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APPLICATION FOR PROVISIONAL PREMISES LICENCE An application was submitted for consideration for Provisional Premises Licence for Lidl, Site at Mitchell Way, Alexandria, G83 0LW. After an introduction to the application from Mr McDougall, Depute Clerk to the Licensing Board, Members heard from Peter Clyde, Licensing Standards Officer, detailing the application should be considered in terms of the Licensing Board’s Overprovision policy as well as providing details of relevant licensed premises. Sergeant Holmes, Police Scotland, noted there were no objections from Police Scotland in regards to the application. Judi Ferguson, Lead Building Standards Surveyor, noted the application would require Building Warrant and Completion certificate acceptance before they could fully comment on the application. Members then heard from Dr Carter, NHS GGC Representative who spoke to the NHS GGC objection to the application. Members then heard from Lidl’s representatives Mr Andrew Hunter and Ms Claire Kyle in support of the application. ADJOURNMENT The Chair adjourned the meeting for a short recess. The meeting reconvened at 11.05 a.m. with all those listed in the sederunt present. Councillor McColl moved for a continuation for the application to a future meeting and asks that the applicant consider what information they may wish to provide to Members in terms of paragraph 23.10 of the board’s Statement of Licensing Policy and that the objector will have the opportunity to address the board again and is asked to be more specific about why this application is unsuitable for grant in their opinion. DECIDED:- Members agreed to a continuation on the application for further information to be provided from both parties. APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for the grant of a Major Variation of Premises Licence for Scotmid, 165a Main Street, Renton, Alexandria, G82 4PS. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Clyde, Licensing Standards Officer, suggested that the Licensing Board consider the proposed conditions as detailed in the report. Page 6
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Ms Laura McCabe, Solicitor, and Mr Stuart Forsyth, Representative, for the Application accepted the detailed conditions were the application to be approved. Members then heard Ms McCabe in further detail in support of the Application. Following further discussion, and in answer to Members questions, Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. DECIDED:- Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for the grant of a Major Variation of Premises Licence for Co-op, Carrochan Road, Balloch, G83 1BW. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Clyde, Licensing Standards Officer, suggested that the Licensing Board consider the proposed conditions as detailed in the report. Mr Peter Lawson, Solicitor and Representative for the Application accepted the detailed conditions, were the application to be approved. Members then heard Mr Peter Lawson in support of the Application. Following further discussion, Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. DECIDED:- Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for the grant of a Major Variation of Premises Licence for Co-op, Mitchell Way, Alexandria, G83 0LW. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Clyde, Licensing Standards Officer, suggested that the Licensing Board consider the proposed conditions as detailed in the report. Mr Peter Lawson, Solicitor and Representative for the Application accepted the detailed conditions, were the application to be approved. Members then heard Mr Lawson in support of the Application. Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. Page 7
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DECIDED:- Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for a Variation of Premises Licence for Glen Lusset, 67 Dumbarton Road, Old Kilpatrick, G60 5DA. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Knighton, Licensing Standards Officer, suggested that the Licensing Board consider the proposed conditions as detailed in the report. Mr Stephen McGowan, Solicitor and Representative for the Application, accepted the conditions, were the application to be granted. Members then heard Mr McGowan in support of the Application. Following further discussion, Members agreed to grant the application attaching the conditions proposed by the Licensing Standards Officer. DECIDED:- Members agreed to grant the application attaching the conditions set out in the Licensing Standards Officer’s report. APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE An application was submitted for consideration for the grant of a Major Variation of Premises Licence for 137 – 139 Hawthorn Street, Clydebank, G81 3NH. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Knighton, Licensing Standards Officer, suggested the proposed conditions as detailed in the report. Mr Lingard, Solicitor and Representative for the Application, accepted the detailed conditions, were the application to be approved. Members then heard from Ms Ferguson, Lead Building Standards Surveyor, who noted Building Standards had not yet received sufficient information to allow for Building Warrant to be granted. Members then heard Mr Lingard, Solicitor and Representative for the Application and Mr Farooq, Applicant in support of the Application and in answer to Members questions. Councillor McColl moved:- Members should agree to a continuation of the application, to allow the applicant time to provide sufficient information to Building Standards to allow the Building Page 8
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Warrant to be assessed. As the applicant had 2 other licensed premises businesses, they should have been aware of correct process to follow when changing the layout of shelving displaying alcohol in their premises. As an amendment, Councillor Singh Johal moved:- Members should allow the application to be approved, as it is only a slight change in display and no additional alcohol will be displayed. On a roll call vote being taken 2 Members voted for the Amendment, namely Councillors Singh Johal and Pollock and 2 Members voted for the Motion namely Councillors McColl and McKay. There being an equality of votes Councillor McKay, Convenor, used her casting vote in favour of the motion which was accordingly declared carried. DECIDED:- Members agreed to a continuation of the application, to be heard at the next ordinary meeting of the Licensing Board. APPLICATION FOR PROVISIONAL PREMISES LICENCE An application was submitted for consideration for the grant of a Provisional Premises Licence for Sweeney’s Boatyard, Riverside, Balloch, G83 8SS. Members first heard from Sergeant Holmes, Police Scotland who noted there was no objection from Police Scotland. Mr Clyde, Licensing Standards Officer, noted the application should be considered in terms of the Licensing Board’s Assessment of Overprovision. Members then heard Mr Hunter, Solicitor, in support of the Application. Following further discussion, and having heard from Chris Sweeney, Applicant, in answer to Members questions, Members agreed to approve the application, in accordance with conditions proposed by the Licensing Standards Officer. DECIDED:- Members agreed to grant the application. The meeting closed at 12.17 p.m. Page 9
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THE LICENSING (SCOTLAND) ACT 2005 Application for Provisional Premises Licence Objection/Representation Premises Licence Reference: WDLBPREM/0313. Name and Address of Premises: Lidl, Site at Mitchell Way, Alexandria G83 0LW. Applicant/Licence Holder: Harper Macleod LLP on behalf of Lidl Great Britain Limited. Type of Premises: Off Sales. Proposed Application: The premises will trade as a Lidl Supermarket within a new retail development on site of former Mitchell Way shopping centre. The Lidl premises will provide for sale together with general groceries: meat; poultry; dairy; fresh fruit and vegetables; and frozen and chilled goods, and other seasonal goods, household products and newspapers. The premises will offer a service to local and wider area. Proposed Capacity: 80.45m2 Police Authority Comments: No police objections. Licensing Standards Comments: See accompanying report highlighting that this application should be considered in terms of the Licensing Board’s Overprovision policy. Fire Authority Comments: No comments. Regulatory Services Comments: Building standards has the following comments on this consultation: Application will require Building Warrant and completion Certificate acceptance before Building Standards can comment. Item 4 Page 11
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Community Council Comments: No comments received. Health Board Comments: Objection. Access Panel: No comments received. Additional Comments: Section 50 Certificates: Planning Certificate Received. Decision: Page 12
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 PREMISES LICENCE VARIATION APPLICATION PREMISES: WDLBPREM/0313 Lidl, Site at Mitchell Way, Alexandria G83 0LW. PREMISES LICENCE HOLDER: Lidl Great Britain Limited. This application may be contrary to the Licensing Board’s Statement of Licensing Policy; Overprovision. Licensing Standards Officer Date: 14 August 2023 Contact : Peter Clyde, Licensing Standards Officer, Regulatory and Regeneration Services, Council Offices, 16 Church Street, Dumbarton. G81 1TG. E-mail : peter.clyde@west-dunbarton.gov.uk Page 13
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WEST DUNBARTONSHIRE LICENSING BOARD 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. Lidl Site at Mitchell Way Alexandria G83 0LW 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. 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. Lidl Great Britain Limited Lidl House, 14 Kingston Road, Surbiton, KT5 9NU 02816429 Page 17
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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.* Ryan McDonnell Richard Jeremy Taylor Tim Ulbrich Matthew David Heslop Martin Alfred Kottbauer Marco Francesco Di Costanzo Peter de Roos David John Uterhalter Stephanie Rogers Page 18
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Maciej Andrzej Tylkowski * 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? YES/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) YES/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 (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 19
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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) The premises will trade as a Lidl Supermarket within a new retail development on site of former Mitchell Way shopping centre The Lidl premises will provide for sale together with general groceries: meat; poultry; dairy; fresh fruit and vegetables; and frozen and chilled goods, and other seasonal goods, household products and newspapers. The premises will offer a service to local and wider area. 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? N/A * Delete as appropriate Page 20
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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 Application are true to the best of my knowledge and belief. Signature * (see note below) Date 29 June 2023 Capacity SOLICITOR APPLICANT/AGENT (delete as appropriate) Telephone number and email address of signatory …………………… I have enclosed the relevant documents with this application – please tick the relevant boxes Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate * 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 21
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For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only If application is for a premises licence Documents required Operating plan Layout plan Planning certificate Building standards certificate Food hygiene certificate For use by the Licensing Board only If application is for a provisional premises licence Documents required Provisional planning certificate Operating plan Layout plan Page 22
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WEST DUNARTONSHIRE LICENSING BOARD 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? NO 1(b) Will alcohol be sold for consumption solely OFF the premises? YES 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 Tuesday Wednesday Thursday Friday Saturday Sunday Page 23
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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 10.00 am 10.00 pm Tuesday 10.00 am 10.00 pm Wednesday 10.00 am 10.00 pm Thursday 10.00 am 10.00 pm Friday 10.00 am 10.00 pm Saturday 10.00 am 10.00 pm Sunday 10.00 am 10.00 pm Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES *If YES – provide details The applicant will utilise an increased capacity of alcohol display for the period of 1 December each year until 2 January of the following year – the relevant area is duly highlighted in the layout plan and noted in Q7 below. Page 24
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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 N/A N/A Conference facilities NO NO NO Restaurant facilities NO NO NO Bar meals NO NO NO 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. NO NO NO Club or other group meetings etc. NO NO NO 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) NO NO NO Dance facilities NO NO NO Theatre NO NO NO Page 25
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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 NO NO NO 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 are supermarket premises and shall be operated prior to the commencement of the core hours for the sale of non-alcohol produce, usually from 8am each day. Recorded background level music may be played during all opening times. 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 are supermarket premises and shall be operated prior to the commencement of the core hours for the sale of non-alcohol produce, particularly food items, newspapers, household goods, seasonal products and other such items. The proposed opening hours of the premises shall be 8am to 10pm each day. The premises licence holder may offer customers, from time to time, free tasting sessions of products available for sale in the premises. This may include all produce, including alcohol. Page 26
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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? YES/NO * When fully occupied, are there likely to be more customers standing than seated? YES/NO * *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 N/A *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 N/A 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry N/A 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry N/A 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 27
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N/A Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? Off Sales: Non-Season Display Area: 69.60m2 Additional Seasonal Area (1 December to 2 January each year): 10.85m2 Total : 80.45m2 Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name 8(b) Date of birth 8(c) Contact address 8(d) Email address Page 28
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8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence 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 * (see note below) Date 29 June 2023 Capacity SOLICITOR APPLICANT/AGENT (delete as appropriate) 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 29
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Greater Glasgow & Clyde NHS Board is the common name of Greater Glasgow Health Board NHS Greater Glasgow and Clyde Public Health JB Russell House Gartnavel Royal Hospital 1055 Great Western Road GLASGOW G12 0XH Tel. 0141 201 4444 Fax. 0141 201 4401 Textphone: 0141 201 4400 www.nhsggc.org.uk Date 4th August 2023 Our Ref EC/RB Enquiries to Emilia Crighton Direct Line 0141 201 4623 E-mail Dear Clerk to the Licensing Board, LICENSING BOARD APPLICATION: WDLBPREM0313 Thank you for notification of the above application for a provisional premises licence for Lidl, Mitchell Way, Alexandria, G83 0LW, where the applicant intends to open a new superstore. I, as remitted by NHS Greater Glasgow and Clyde health board, have reviewed the application and the relevant evidence and object to the licence requested on the grounds that: it is inconsistent with the licensing objective of Protecting and Improving Public Health The premises would be located in Intermediate Zone IZ16, which is named in the West Dunbartonshire Licensing Board Policy Statement (November 2018)1 as IZ16 Alexandria Central, Rosshead & Dalmonach and is a designated area of overprovision. Within the IZ16 Alexandria Central, Rosshead & Dalmonach area there are currently 5 off-sales premises, including an Aldi and Coop which have considerable alcohol display capacities combined. The proposed addition of 69.6m2 of alcohol, increasing to 80.5m2 throughout the festive period would risk substantially exacerbating the already very elevated levels of alcohol related harms experienced by the local population. The most recently published alcohol-related health data for IZ16 Alexandria Central, Rosshead & Dalmonach includes the following: Alcohol Related Hospital Admissions The evidence considered by the Licensing Board in January 2018 showed that the rate in IZ16 was 80.7 per 10,000 HoP which was higher than Scotland at the time (62.3 per 10,000). The most recent data shows this has increased to 132.3 per 10,000 and remains higher than Scotland as a whole, where the rate has decreased over the same period (to 61.1 per 10,000). Alcohol Related Deaths The evidence considered by the Licensing Board in January 2018 showed that the rate in IZ16 was 3.3 per 10,000 HoP which was higher than the 1 https://www.west-dunbarton.gov.uk/media/4315882/statement-of-licensing-policy-2018-2022.pdf Page 31
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Greater Glasgow & Clyde NHS Board is the common name of Greater Glasgow Health Board NHS Greater Glasgow and Clyde Public Health JB Russell House Gartnavel Royal Hospital 1055 Great Western Road GLASGOW G12 0XH Tel. 0141 201 4444 Fax. 0141 201 4401 Textphone: 0141 201 4400 www.nhsggc.org.uk Date 12th October 2023 Our Ref EC/RB Enquiries to Emilia Crighton Direct Line 0141 201 4623 E-mail emilia.crighton@ggc.scot.nhs.uk Dear Clerk to the Licensing Board, LICENSING BOARD APPLICATION: WDLBPREM0313 Thank you once again for having notified us of the above application for a provisional premises licence for Lidl, Mitchell Way, Alexandria, G83 0LW, where the applicant intends to open a new superstore. As remitted by NHS Greater Glasgow and Clyde health board on behalf of the Director of Public Health, I have further reviewed the application and the relevant evidence and re-affirm our objection to the licence requested on the grounds that it is inconsistent with the licensing objective of Protecting and Improving Public Health. The premises are located in Intermediate Zone IZ16, which is named in the West Dunbartonshire Licensing Board Policy Statement (November 2018)1 as IZ16 Alexandria Central, Rosshead & Dalmonach and is a designated area of overprovision. Further to the information that we have previously provided in support of our objection, we would like to emphasise the significant increase in alcohol sales capacity that this application would generate if approved. Already there are nine off-sales premises in this area, which in combination have a considerable alcohol display capacity (167.8m2). Currently the largest supplier of alcohol in the area (in terms of display capacity) is the Coop (46.8m2), followed by Aldi (29m2). The proposed addition of 69.6m2 (increasing to 80.5m2 throughout the festive period) would not only add a further outlet with a capacity larger than either of those two, but would also result in a more than 40% increase in the total off-sales display capacity in this area despite it being a designated area of overprovision. As such, this would risk substantially exacerbating the already elevated levels of alcohol related harms experienced by the population of this intermediate zone that we set out to the Board in our previous submission, as well potentially those experienced by the population of West Dunbartonshire as a whole. Yours sincerely Dr Daniel Carter Consultant in Public Health Medicine (GMC number 6077273) 1 https://www.west-dunbarton.gov.uk/media/4315882/statement-of-licensing-policy-2018-2022.pdf Page 33
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THE LICENSING (SCOTLAND) ACT 2005 Application for Variation of Premises Licence Representation Premises Licence Reference: WDLBPREM/0184. Name and Address of Premises: 137-139 Hawthorn Street, Clydebank G81 3NH. Applicant/Licence Holder: Leonards Solicitors on behalf of NF Retail Limited Type of Premises: Off Sales. Proposed Application: Variation to the licence: The applicant wishes to extend the hours of trading in off sales from 10 a.m. to 10 p.m. seven days a week, the current hours being 10 a.m. to 8 p.m. seven days a week. Variation to the Layout Plan: Changes are being made to the layout of the shelving within the shop. Police Authority Comments: No police objections. Licensing Standards Comments: See accompanying report highlighting terms of the Policy and suggesting conditions. Fire Authority Comments: No comments. Regulatory Services Comments: Building Standards will not be able to support the application for the following reasons: 1. Alterations have taken place to relocate the service counter, infill of half the entrance / escape door to Hawthorne Street, infill of single external door to form atm machine to Hawthorne Street, alterations to various electrical controls and outlets, all without the benefit of a Building Warrant approval. The applicant must regularise this by submitting an application for a Completion Certificate where no Building Warrant was obtained. Item 5 Page 35
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Community Council Comments: No comments received. Health Board Comments: No comments. Access Panel: No comments received. Additional Comments: Section 50 Certificates: Not required. Decision: Page 36
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Licensing Standards Officers Report LICENSING (SCOTLAND) ACT 2005 “the 2005 Act” PREMISES LICENCE VARIATION APPLICATION PREMISES: 137-139 Hawthorn Street, Clydebank G81 3NH PREMISES LICENCE HOLDER: NF Retail Limited 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. Lawrence Knighton Licensing Standards Officer Date: 14 August 2023 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 55
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WEST DUNBARTONSHIRE LICENSING BOARD Report by the Clerk to the Licensing Board 31 October 2023 Subject: Festive Hours Policy 2023-2024 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 2023/24 Festive Period is defined as being Monday 11 December 2023 to Wednesday 3 January 2024 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 am on Hogmanay on condition that last entry to the premises is 11pm 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 am 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 6 Page 57
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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 are 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 require 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 outwith the terms of the general extension will be able to submit an application for an extended hours certificate. 3.2 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 also 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 58
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4.5 In keeping with the practice of previous years, the Festive Period is defined as being be from Monday 11 December 2023 to Wednesday 3 January 2024 inclusive. 5. People Implications 5.1 All extended hours applications should 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 5.3 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 proposal was discussed with Police Scotland. Police Scotland were content with the terms of the Policy subject to being notified of what premises are taking up these hours. Alan Douglas Clerk to the Licensing Board 13 October 2023 Person to Contact: Michael McDougall, Manager of Legal Services, West Dunbartonshire Licensing Board, Council Offices, 16 Church Street, Dumbarton, G82 1QL Appendix: 1. Festive Hours Policy Page 59
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Background Papers: None Wards Affected: All Wards. Page 60
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WEST DUNBARTONSHIRE LICENSING BOARD Festive Hours Policy 2023/24 Background The West Dunbartonshire Licensing Board at its meeting of 31 October 2023 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, 11 December 2023 to Wednesday, 3 January 2024 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 6 Appendix 1 Page 61
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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 62