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Grant of Late Hours Catering Licence - LH149

Perth and Kinross Council · 4 November 2024
Back to Licensing Committee — 4 November 2024 and its agenda

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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE
4 NOVEMBER 2024
REPORT BY STRATEGIC LEAD - LEGAL AND GOVERNANCE 
TYPE OF APPLICATION Grant of a Late Hours Catering Licence 
APPLICANT ZD & A HOMEWARE LIMITED T/A The Shop, 188 South
Street, Perth, PH2 8NY
PREMISES (if applicable)  The Shop, 188 South Street, Perth, PH2 8NY  
THE APPLICATION The applicant has applied for a new 3 year late hours catering
licence with proposed operating times of:  
Sunday to Wednesday 12pm - 11pm
Thursday 12pm - 12am 
Friday and Saturday 12pm to 3am 
The proposed operating times for Friday and Saturday is out
with current policy. 
The current policy is 11pm until 1am.   
RELEVANT LICENSING
POLICIES
N/A
LEGAL POSITION The Civic Government (Scotland) Act 1982 provides that a
licensing authority must grant the application unless one of
the grounds of refusal exists. If, in the opinion of the
Committee, a ground of refusal exists then the application
must be refused.   
Any decision to refuse a late hours catering licence must be
relevant to one or more the following grounds of refusal as
detailed in the Civic Government (Scotland) Act 1982:- 
(a) the applicant or, where the applicant is not a natural
person, any director of it or partner in it or any other person
responsible for its management, is either - 
(i) for the time being disqualified from holding a licence, after
a conviction for a licensing offence, or
(ii) the applicant is not a fit and proper person to be the holder
of the licence;
(b) the activity to which the licence relates would be managed
by or carried on for the benefit of a person, other than the
applicant, who would be refused the grant or renewal of such
a licence if he made the application himself; 
(c) where the licence applied for relates to an activity
consisting of or including the use of premises or a vehicle or

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vessel, those premises are not or, as the case may be, that
vehicle or vessel is not suitable or convenient for the conduct
of the activity having regard to – 
(i) the location, character or condition of the premises
or the character or condition of the vehicle or vessel;
(ii) the nature and extent of the proposed activity;
(iii) the kind of persons likely to be in the premises,
vehicle or vessel;
(iv) the possibility of undue public nuisance; or
(v) public order or public safety; or
(d) there is other good reason for refusing the application;
and otherwise shall grant the application.
In deciding whether or not to grant or renew a Licence, the
Council will consider each Application on its own merits and
will take into account the following: 
 any objections or representations
 any other relevant considerations
OPTIONS The Committee need to consider whether the representation
received relates to the activity of a later hours catering
licence. 
The options open to the Committee are therefore to: 
 grant the application; 
 grant the application for a shorter period of time;
 defer the application (9 month decision date
26/05/2025) or
 refuse the application. 
PROCEDURE  Identify parties.
 Consider any preliminary issues
 Police speak to their objection  
 Committee asks any questions to the Police
 Applicant makes submission
 Committee asks any questions of the applicant
 Objectors sum up.
 Applicant sums up
 Committee makes decision