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Report

Annual functions report under section 9A for Financial Year 2024 to 2025

Updated 30 June 2025

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North Ayrshire Licensing Board Annual Functions Report under Section 9A of the Licensing (Scotland) Act 2005 for the Financial Year 2024 to 2025

General

The Board consists of 9 elected Councillors from North Ayrshire Council. The Board meets in public, usually in Council Chambers, Cunninghame House, Friars Croft, Irvine, KA12 8EE. The dates, times and places of meetings are publicised.

Information and assistance is provided by Board staff and the Licensing Standards Officer to members of the public wishing to:

  • apply for a Licence
  • object to a Premises Licence or
  • complain about the operation of Licensed Premises.

Many documents and application forms are available from the Licensing Board page.

The Board attempts to make the Public Meeting process as informal as possible and consistent with the Board's quasi-judicial function. The Board is aware that often people applying for a Licence, or objecting, or complaining about the operation of Premises already licensed, are not legally represented. Therefore, the Convenor will explain the procedure to them at the start of the meeting, and sometimes the Convenor makes an announcement to people waiting for cases to call to explain what is happening. The Convenor will consider requests to change the sequence of cases on the Agenda in order to accommodate parties, so long as other parties are not inconvenienced. The Convenor will also consider requests to postpone a case to a later Meeting in order to accommodate a party (for example, where a party's legal representative is otherwise engaged on the appointed day).

Licensing Objectives

The Board is required to ensure that its policies promote the Licensing Objectives as set out in Section 4 of the Licensing (Scotland) Act 2005 (“the Act”). There are five Licensing Objectives contained within Section 4:

  1. preventing crime and disorder
  2. securing public safety
  3. preventing public nuisance
  4. protecting and improving public health; and
  5. protecting children and young persons from harm

The Board has regard to the Licensing Objectives and the Licensing Policy Statement adopted in 2018 when considering cases on their merits.

Applications and other matters before the Board are dealt with in an open and transparent manner - for example, all meetings are in public and the Agendas and Reports are published in advance. The Board acts in accordance with the licensing legislation and its Licensing Policy Statement.

Annual Functions Report

Section 9A of the Act requires that an Annual Functions Report is prepared for publication. This report contains information relating to the financial year of 2024 to 2025, running from 1 April 2024 until 31 March 2025.

The Act states that an Annual Functions Report must contain the following information:

  • a statement as to how the Licensing Board has had regard to the Licensing Objectives;
  • a statement as to how the Licensing Board has had regard to its Licensing Policy Statement;
  • a summary of the decisions made by the Licensing Board; and
  • information about the number of licences held under the 2005 Act in the Licensing Board’s area, including occasional licences.

1. Statement of how the Board has had regard to the Licensing Objectives

The Board's approach to the issues raised in individual cases is set out in detailed Minutes which are published on the Board's website.

In the year ended on 31 March 2025, the Board met on 5 occasions.

The Board has regard to the Licensing Objectives and those Licensing Policy Statements when considering cases on their merits. These matters are considered whether or not any third-party makes an objection or representation. The considerations for the Board are set out in the Reports prepared by or on behalf of the Clerk. These appear on the Board's agenda, which is published in advance of the meeting.

2. Statement of how the Board has had regard to its Licensing Policy Statement

The Minutes show this consideration. The Board applies 'Standard Conditions' when granting Premises Licences and Occasional Licences. These go further than the basic mandatory conditions which the statute applies and reflect the Board's Licensing Policy Statement and its views on the Licensing Objectives. See Board information. It is not possible to attach conditions to Personal Licences.

3. Summary of the decisions made by (or on behalf of) the Board during the Financial Year

Premises Licences

Licences in Force on 31 March 2025: 383

(a) on-sales only: 95

(b) off-sales only: 135

(c) both: 153

Applications received during 2024 to 2025:

(a) on sale: 4 (1 Provisional Premises Licence (PPL))

(b) off sale: 3 (1 PPL)

(c) both: 3

Applications refused during 2024 to 2025 under section 23: 2

Applications granted during 2024 to 2025 under section 23: 11 (7 PPL)

Applications for review of premises licence during 2024 to 2025 under S36 and S37 resulting in:

(a) written warning: 0

(b) variation: 0

(c) suspension: 0

(d) revocation: 1

(e) no action: 0

Occasional Licence Statistics

Number of Occasional Licences granted during 2024 to 2025: 675

Personal Licence Statistics

Personal Licences in Force on 31 March 2025: 1,153

Applications during 2024 to 2025 under section 72:

(a) refused: 0

(b) granted: 189

Proceedings taken during 2024 to 2025 under section 83 (notice of conviction) resulting in:

(a) endorsement: 1

(b) suspension: 0

(c) revocation: 0

(d) no action: 0

Proceedings taken during 2024 to 2025 under section 84 (conduct inconsistent with licensing objectives) resulting in:

(a) endorsement: 0

(b) suspension: 0

(c) revocation: 0

(d) no action: 0

Proceedings during 2024 to 2025 under section 86 (multiple endorsements) resulting in:

(a) endorsement: 0

(b) suspension: 0

(c) revocation: 0

(d) no action: 0

Revocations of personal licences during 2024 to 2025 under section 87(3) (failure to provide evidence of having undertaken refresher training): 267

Staff employed at 31 March 2024

Number (full-time equivalent) of licensing standards officers employed: 1

Premises Licence

A Premises Licence is required by anyone who intends to carry on the business of a permanent alcohol sales on their premises.

Provisional Premises Licence (PPL)

A Provisional Premises Licence is for an alcohol business where the premises are still under construction or conversion. These are commonly chosen by Applicants due to the Board's policy about Overprovision, with a presumption of refusal of:

  • new Licences, and
  • variation increasing capacity

In both cases the presumption is particularly strong with off-sales, and also particularly strong in certain parts of the Board's area.

Personal Licences

A Personal Licence allows an individual to supervise or authorise the sale of alcohol. It is a mandatory condition of a Premises Licence that there should be a Premises Manager and that they should have a valid Personal Licence.

Decision of the Board

Where the Board reviewed a Premises Licence or Personal Licence, 'granted' indicates that the Review was upheld. The Minutes in individual cases show what action, if any, the Board took in the particular case. The options are:

  • Premises Licence - revoke, suspend, vary or issue a written warning
  • Personal Licence - revoke, suspend or endorse

Occasional Licence

An occasional licence is issued under the Licensing (Scotland) Act 2005 to allow unlicensed premises to sell alcohol for occasions such as parties and other social functions. These occasions are usually one-off events and last only a few hours. A complete list of the occasional licences is attached below at Appendix 1.

Variation of Licence

A variation is required if there is a need to change or delete any of the following licence details:

  • licence conditions;
  • information contained within the operating plan;
  • information contained or referred to in the licence; and/or
  • layout plan

There are two main kinds of variation:

  • Minor Variations
  • Standard Variations

A minor variation is an application to make a change to the licence which does not have a significant effect, or increase to, how alcohol is sold from the subject premises licence.

A standard variation is defined as any variation other than a minor variation.

North Ayrshire Council Licensing Register

North Ayrshire Council maintains a licensing register containing a summary of current licence information.

4. Licenced Hours

Licensed Hours are an integral part of the function of a licensed premises. The Board Members recognise the importance of licensed hours to the operators of licensed premises and that this can have an impact on the persons who live and work within a close proximity to the premises.

The Board’s policy is contained within the Licensing Policy Statement.

5. Licensing Board Training & Licensing Team Training

The 2005 Act provides that an 'election of Licensing Board members' must be carried out by the local authority at their first meeting after each ordinary election of the local authority. All Licensing Board members must undertake the required training within 3 months of appointment. Each time members are re-elected they must undergo the training again, within three months of their re-election. Members must provide evidence of having completed their training to the clerk to the Licensing Board within four months of the member's election or re-election. The North Ayrshire Council Licensing Board Members received training on 15 June 2022.

6. Licensing Standards Officers (LSOs)

The 2005 Act requires local authorities to appoint at least one Licensing Standards Officer in their area. A Licensing Standards Officer is neither an agent nor an employee of the Licensing Boards, however a Licensing Board should be able to rely on Licensing Standards Officers having a good understanding of the needs and aspirations of the local licensed trade. The Licensing Standards Officer should work with the trade and other stakeholders to build respect for the role by the judicious application of their powers. Licensing Standards Officers require to be able to work with persons from every background. Licensing Standards Officers do not need to be legally qualified and must not provide legal advice when offering guidance, information and assistance to interested parties. Licensing Standards Officers are accountable for their actions to their local authority (as employers) and are there to serve the interests of every stakeholder interested in the operation of licensing in the Licensing Standards Officer's area.

The general functions of Licensing Standards Officers for a local authority area are:

  • providing information and guidance concerning the operation of the 2005 Act in the area;
  • supervising the compliance of the holders of premises licences or occasional licences in respect of premises in the area with the conditions of their licences and other requirements of the 2005 Act (Includes powers to issue notices to licence holders; and in relation to premises licences to make licence review applications);
  • providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives; and
  • providing mediation services for the purpose of avoiding or resolving disputes or disagreements between the holders of premises licences or occasional licences; and any other persons, concerning any matter relating to compliance with the 2005 Act as referred to in this paragraph.

The LSOs can be contacted by emailing Licensing.