Document Pack - Licensing Committee - 3 December 2025
West Dunbartonshire Council · 3 December 2025
Back to Licensing Committee — 3 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Meeting of the Licensing Committee Date: Wednesday, 3 December 2025 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, Clydebank G81 1UB ___________________________________________________________________ Contact: Lynn Straker, Committee Officer Email: lynn.straker@west-dunbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member Please attend a Meeting of the Licensing Committee as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSETT Chief Executive Page 1
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Distribution: Councillor Ian Dickson Councillor Gurpreet Singh Johal (Vice Chair) Councillor Fiona Hennebry Councillor John Millar Councillor Lawrence O’Neill (Chair) Councillor Chris Pollock Councillor Gordon Scanlan Councillor Hazel Sorrell All other Councillors for information. Chief Officer – Regulatory and Regeneration Date Issued: 18 November 2025 Page 2
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MEETING OF LICENSING COMMITTEE WEDNESDAY, 3 DECEMBER 2025 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the undernoted items of business on this agenda and, if so, state 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 Committee held on 8 October 2025. 4 OPEN FORUM The Committee is asked to note that no open forum questions have been submitted by members of the public. 5 APPLICATION FOR GRANT OF A PRINCIPAL 7 - 12 STREET TRADER’S LICENCE (CONTINUATION) Submit report by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the grant of a Principal Street Trader’s Licence submitted by Mr Michael Gardiner. ____________________________________________________________ Page 3
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LICENSING COMMITTEE At a Meeting of the Licensing Committee held in the Council Chambers, Clydebank Town Hall, Clydebank on Wednesday, 8 October 2025 at 2.00 p.m. Present: Councillors Ian Dickson, Lawrence O’Neill, Chris Pollock and Gordon Scanlan. Attending: Christopher Anderson, Principal Solicitor and Section Head; Robert Mackie, Senior Licensing Officer and Lynn Straker, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Councillors Fiona Hennebry, Gurpreet Singh Johal, John Millar and Hazel Sorrell. Councillor Lawrence O’Neill in 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 Meeting of the Licensing Committee held on 6 August 2025 were submitted and approved as a correct record. OPEN FORUM The Committee noted that no open forum questions had been submitted by members of the public. APPLICATION FOR GRANT OF A PRINCIPAL STREET TRADER’S LICENCE A report was submitted by the Chief Officer – Regulatory and Regeneration requesting the Committee to consider an application for the grant of a Principal Street Trader’s Licence submitted by Mr Michael Gardiner. After discussion and having noted the Applicant, Mr Gardiner, was unable to attend the meeting, Members agreed to continue the application to the next meeting of the Licensing Committee. Item 3 Page 5
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DECIDED:- Members agreed to continue the application to the next meeting of the Licensing Committee. The meeting closed at 2.01 p.m. Page 6
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 3 December 2025 Subject: Application for grant of a Principal Street Trader’s Licence 1. Purpose 1.1 To consider an application for the grant of a Principal Street Trader’s Licence submitted by Mr Michael Gardiner, 21 Queens Gardens, Anstruther, Fife KY10 3BU. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Mr Gardiner submitted an application for the grant of a Principal Street Trader’s Licence to the Council on 30 July 2025. 3.2 Mr. Gardiner intends to operate a Fish Van on Thursdays between 8.00 am and 4.00pm in various area throughout West Dunbartonshire. 3.3 One of the areas in which Mr. Gardiner intends to operate is Bowling beside the Village Shop at 134 Dumbarton Road, Bowling. 3.4 A letter of objection was received from Mrs. Christine Bowman, an existing holder of a Principal Street Trader’s licence, on 28 August 2025 in connection with the application. 3.5 In terms of the relevant legislation, an objection with respect to an application should be submitted within 28 days of receipt of the application. As Mr. Gardiners’ application was received on 30 July 2025, any objection should have been submitted by 27 August 2025. There is, however, provision in the legislation for the Licensing Authority to entertain a late objection which has been received before a final decision has been made. The Licensing Authority must be satisfied that there is sufficient reason why the objection had not been submitted in the time required having heard from the applicant and the objector. 3.5 At the meeting on 8 October 2025, it was noted that the applicant had requested a continuation as he was unable to attend on the day. It was agreed that consideration of the application be continued to the next meeting in order that the applicant may be given a further opportunity to appear before the Committee. Item 5 Page 7
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4. Main Issues 4.1 The letter of objection (Appendix 1) was submitted by Mrs. Christine Bowman, who has held a Principal Street Trader’s Licence for over 30 years also operating a Fish Van. Mrs. Bowman’s licence lists Dalmuir, Bowling and Old Kilpatrick as the areas in which she operates Monday to Friday between 9.00am and 5.00pm. 4.2 Within the standard conditions relating to Principal Street Trader’s Licences it states:- 17. Except as otherwise directed by the Council, no Street Trader shall engage in Street Trading within 150 meters of any establishment or premises in which are sold or offered for sale any goods or articles of the same or similar class and description as those to be sold or offered for sale by the Street Trader. The Council may in their sole discretion and on application, direct that the terms of the Condition shall not apply to a particular Street Trader in a particular Street or locality or area. Such a direction by the Council shall not be effective until it is endorsed by the Strategic Lead - Regulatory on the licence. 4.3 There is no other relevant policy in place surrounding the restriction of operation for Street Trader’s. 4.4 There are no objections or representations from Police Scotland. 4.5 The terms of the letter containing the objection from Mrs. Bowman will be made known to the Committee at the meeting should Members determine to entertain the late objection. 4.6 Both the applicant, Mr Gardiner, and the objector, Mrs. Bowman, have been invited to attend. 5. People Implications 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 No impact assessment is required because this report does not involve any Page 8
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change to policies or services or financial decisions. 9. Consultation 9.1 Police Scotland were consulted in relation to the application. 10. Strategic Assessment 10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure our Communities are Resilient and Thriving. Chief Officer – Regulatory & Regeneration Date 6 November 2025 Person to Contact: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Municipal Buildings, College Street, Dumbarton, G82 1NR. Tel. No. (Direct line) 01389 738741 robert.mackie@west-dunbarton.gov.uk Appendices: Letter of objection submitted by Mrs. Christine Bowman. Background Papers: 1. Application for grant of a Principal Street Trader’s Licence submitted by Mr Michael Gardiner, 21 Queens Gardens, Anstruther, Fife KY10 3BU. 2. Letter to Mr Gardiner dated 14 November 2025. 3. Letter to Mrs Bowman dated 14 November 2025. Wards Affected: N/A. Page 9
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Letter of Objection Received Dear Sir/Madam It has come to my attention that a gentleman from my area has applied for a licence to be able to trade in Bowling. As you are aware I hold the licence for that town as with Old Kilpatrick and Dalmuir, in which I have been trading there for 31 years and my father before me. It was always granted that only one trader held the licence for a specific town, I couldn’t even help my dad when he was ill and take care of his customers as I was not allowed to trade in the same town as himself. The towns in this area are small and wouldn’t be able to sustain 2 fish vans especially now as the customers are dwindling due to age and the current times we’re living in. As for new customers the younger generations tend not to eat much in the way of fresh fish and this is of great concern to all of the fish merchants here as in where will this business be in 15 years time. I am very concerned about this as the business is fragile enough as it is. I always made sure when I started my fish round that I didn’t tread on anyone else’s area as I wouldn’t like it done to myself. Can you please uphold the regulation you have in place. A very worried licence holder. Yours sincerely Item 5 Appendix 1 Page 11
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