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Agenda Document Pack - Licensing Board - 30/04/2025

Moray Council · 30 April 2025
Back to Licensing Board — 30 April 2025 and its agenda

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Licensing Board
Wednesday, 30 April 2025
NOTICE IS HEREBY GIVEN that a Meeting of the Licensing Board is to be held at
Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Wednesday,
30 April 2025 at 14:00.
BUSINESS
1. Sederunt
2. Declaration of Member's Interests
3. Minute of meeting held 5 February 2025 5 - 8
4. Notice of Motion - Ask for Angela 9 - 10
5. Application List for Board - April 2025 11 - 14
5a. A and K McKenzie - 25-00332 - PREVMA
5b. Ballindalloch Shop - 25-00290 - PREVMA
5c. Hopeman Golf Club - 25-00282 - PREVMA
5d. Krua Thai - 25-00581-PRELIC
5e. Asda Express PFS - 25-00451 - PROLIC
5f. The Brander Arms - 25-00575 - PRELIC
5g. Dallas Dhu House - 25-00599 - PRELIC
6. Review of Premises Licences 15 - 20
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GUIDANCE NOTES
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting.
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be published on the Council’s
committee management system by 4pm the day before the meeting.  The
Member who has put the question may, after the answer has been published,
ask one supplementary question directly related to the subject matter at the
meeting, but no discussion will be allowed.
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days.
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MORAY COUNCIL
Licensing Board
SEDERUNT
Councillor Peter Bloomfield  (Chair)
Councillor Sonya Warren  (Chair)
Councillor James  Allan  (Member)
Councillor Neil Cameron  (Member)
Councillor Tracy Colyer  (Member)
Councillor David Gordon  (Member)
Councillor Scott Lawrence  (Member)
Councillor Ben Williams  (Member)
Clerk Name: Lindsey Robinson
Clerk Telephone: 07966 120593
Clerk Email: committee.services@moray.gov.uk
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MORAY COUNCIL 
Minute of Meeting of the Licensing Board 
Wednesday, 05 February 2025 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James  Allan, Councillor Peter Bloomfield, Councillor Neil Cameron,
Councillor Tracy Colyer, Councillor David Gordon, Councillor Scott Lawrence,
Councillor Sonya Warren, Councillor Ben Williams 
IN ATTENDANCE 
Sean Hoath, Depute Clerk to the Board; Jennifer Smith, Legal Advisor; Lindsey
Robinson, Committee Services Officer, all Moray Council and PC Kevin Skivington,
Police Scotland. 
1.         Chair 
Councillor Sonya Warren, as co-Chair of the Licensing Board, chaired the meeting. 
2.         Declaration of Member's Interests 
The Board noted that there were no declarations of Member's interests. 
3.         Minute of meeting held 13 November 2024 
The minute of the meeting held 13 November 2024 was submitted and approved. 
4.         Vary Order of Business 
In terms of Standing Order 29 the meeting agreed to vary the order of business set
down on the agenda and take item 7 "Dallas Dhu Distilery - 24/02421/PREVMA, as
the first item of business in order to allow those presenting the report to depart the
meeting at the earliest convenience. 
5.         Dallas Dhu Distillery - 24-02437-PRETOA 
The Legal Advisor introduced the application as a transfer of premises licence and
consequent major variation application and advised that all paperwork was in order
and there were no objections or representations. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant's representative addressed the Board and responded to the questions
asked. 
Councillor Bloomfield moved that the application be granted. This was seconded by
the Chair.
There being no one otherwise minded, the transfer of the licence and variation were
granted. 
Item 3.
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6.         Dunphail Distillery - 24-02421-PREVMA 
The Legal Advisor introduced the application as a major variation application and
advised that all paperwork was in order and there were no objections or
representations. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant addressed the Board and responded to the questions asked. 
Councillor Williams moved that the application be granted. This was seconded by
the Councillor Bloomfield. 
There being no one otherwise minded, the variation was granted. 
7.         The Stillman - 24-02574-PRELIC 
The Legal Advisor introduced the application as a premises licence application and
advised that Environmental Health have been unable to issue the relevant Section
50 certificate as the bar and kitchen area ae undergoing refurbishment. She further
advised that, if the Board was minded, they could grant a provisional licence which
can then be confirmed as a full licence by an administrative procedure once the
outstanding paperwork was in order. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant addressed the Board and responded to the questions asked. 
Councillor Bloomfield moved that the application be granted. This was seconded by
the Chair. 
There being no one otherwise minded, the provisional licence was granted with
delegated authority for the administrative confirmation. 
8.         Co-op - 24-02514-PREVMA 
The Legal Advisor introduced the application as a major variation application and
advised that all paperwork was now in order and there were no objections or
representations. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant's representative addressed the Board and responded to the questions
asked. 
Councillor Bloomfield moved that the application be granted. This was seconded by
the Chair. 
There being no one otherwise minded, the variation was granted. 
9.         Ballindalloch Distillery - 24-02545-PREVMA 
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The Legal Advisor introduced the application as a major variation application and
advised that all paperwork was now in order and there were no objections or
representations. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant addressed the Board and responded to the questions asked. 
Councillor Bloomfield moved that the application be granted. This was seconded by
the Chair. 
There being no one otherwise minded, the variation was granted. 
10.         Diceys Rileys - 24-02584-PREVMA 
The Legal Advisor introduced the application as a major variation application and
advised that all paperwork was now in order and there were no objections or
representations. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant addressed the Board and responded to the questions asked. 
Councillor Williams queried why the on-sales only section of the form was ticked
when on sale hours were followed by off-sales times. 
The Legal Advisor confirmed that this was an administrative error and would be
corrected. 
Councillor Gordon queried opening hours until 3am and asked if there had been any
comment. The legal adviser confirmed there had been no comment. 
Councillor Allan moved that the application be granted. This was seconded by the
Chair. 
There being no one otherwise minded, the variation was granted. 
11.         Elgin Community Centre - 24-02626-PRETEM 
The Legal Advisor introduced the application as a temporary licence application and
advised that all paperwork was in order and that the representation had been
withdrawn after agreement between the parties on a suitable condition related to
opening times. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant had nothing further to add and there were no questions asked. 
Councillor Bloomfield moved that the application be granted. This was seconded by
the Chair. 
There being no one otherwise minded, the temporary licence was granted with the
condition. 
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12.         Gordon and McPhail - 25-00126-PRETEM 
The Legal Advisor introduced the application as a temporary licence application and
advised that all paperwork was now in order and there were no objections or
representations. She further advised that the period for responses had not yet
closed, but if the Board was minded, they could provisionally grant the licence and
delegate authority to the Depute Clerk to the Board, to grant the licence after expiry
of the period or bring it back in front of the Board if any representations or objections
are received.  The short timescales were due to the closing of the St Giles Centre
and the need for the business to find new premises. 
PC Skivington confirmed there was nothing further to add from Police Scotland. 
The applicant addressed the Board and responded to the questions asked. 
Councillor Williams moved that the application be granted. This was seconded by
the Councillor Bloomfield. 
There being no one otherwise minded, the temporary licence was provisionally
granted with delegated authority. 
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__________________________________________________
NOTICE OF MOTION
TO LICENSING BOARD
30 APRIL 2025 
Background 
In 2012 Angela Phillips was killed by her husband Thomas Crompton just three months
after they married. A campaign started in 2016 with her name becoming the codeword for
people to use to seek help at venues like bars and pubs if they feel unsafe. 
The Ask for Angela scheme allows people who feel unsafe in bars or clubs to discreetly
seek help. In response to hearing the word "Angela", staff should offer assistance such
as helping the person feeling under threat to leave safely. 
However, BBC secret filming recently revealed that more than half of venues visited
failed to respond correctly, with many staff members completely unaware of what to do.
The BBC contacted councils across the UK and found that 34 have made Ask for Angela a
condition of granting new alcohol licences, with 67 more local authorities – including
Leeds, Middlesbrough, Southend, and Nottingham – possibly set to follow suit. 47
councils say they are now actively testing venues to ensure the initiative works
effectively. Stroud District Council said it intends to include participation in the scheme
as an expectation when it reviews its Licensing Policy later this year 
It is not legally possible in Scotland to mandate an Ask for Angela as a condition of
granting new alcohol licenses as it would conflict with the Licensing (Scotland) Act 2005.
There are no Scottish councils that require Ask for Angela as a mandatory condition of
granting new alcohol licenses, but various councils such as Glasgow City Council, Angus
Council, Stirling Council and North Ayrshire Council do actively encourage license
holders to adopt it voluntarily within their licensing strategy. 
Police Scotland are not directly involved in Ask for Angela but do support it and assist
with promoting it. 
Home - Ask For Angela   https://askforangela.co.uk 
Item 4.
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Action 
• To ask Board to agree to ask alcohol licensee applicants to consider adopting
participation in the Ask for Angela scheme as part of their business licensing
strategy. To ensure active promotion of the scheme by Officers on alcohol
premise licensing applications. 
Financial implications 
• About £13.1m in public funds has been allocated to Ask for Angela projects
through the Home Office's Safer Streets Fund since 2021. The funding spans 22
police forces and local authorities across the UK. This was factored into the
Scottish Government’s block grant funding. The equivalent funding would be
Delivering Equally Safe Fund and the Victim Centred approach Fund.
• Ask Angela website has support for venues with free information on how to set up
the scheme, provision of vulnerability training, and free posters with only postage
being required to be paid.
• No direct cost to the Council. 
• No indirect costs as Licensing Officers can signpost to information to encourage
participation in the scheme. 
Proposed By: Cllr Kathleen Robertson 
Seconded By: Cllr Tracy Colyer 
Date Motion Submitted: 8 April 2025 
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P a g e 1 | 4
MORAY LICENSING BOARD
MEETING, 30 April 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX
Licensing (Scotland) Act 2005
Type Premises Applicant Date received Comments
25/00332/PREVMA A & K McKenzie
(to be renamed
Premier Lesmurdie)
89-91 Newmill Road
Elgin
IV30 4AH
Arul Palaniappan
SRJ Convenience Ltd
All Responses – all in order
Paperwork: all in order
Site Visit: N/A
Application for:
 Shop is being modernised,
the location and capacity of
the alcohol area is changing.
 To add a new Beer Cave.
 To include home delivery
and food to go.
 Change the premises name
to Premier Lesmurdie.
Police representation;  this has
been confirmed in place by
applicant
In respect of Home delivery of food
and alcohol, Recommend the
application be granted subject to a
condition that a recorded age
verification system is in place in
respect of any remote/online sale of
Item 5.
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P a g e 2 | 4
MORAY LICENSING BOARD
MEETING, 30 April 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX
Licensing (Scotland) Act 2005
Type Premises Applicant Date received Comments
alcohol.
25/00290/PREVMA Ballindalloch Shop
Ballindalloch
AB37 9AS
Arul Palaniappan
SRJ Convenience Ltd
14.02.2025 All Responses – all in order
Paperwork: all in order
Site Visit: N/A
Application for:
 Change the hours alcohol is
sold – Proposed new times
Mon to Sun 10am to 10pm.
25/00282/PREVMA Hopeman Golf Club
Lodge Road
Hopeman
Elgin
IV30 5YA
Trevor Mearns
Hopeman Golf Club
Manager
12.02.2025 All Responses – all in order
Paperwork:  all in order
Site Visit: N/A
Application for:
Change the hours alcohol is sold
There  was a representation from
LISO – this has now been agreed.
 The following hours agreed:
 Saturday and 12 annual
open Sundays 09:00 – 01:00
 All other Sundays 10:00-
00:00
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P a g e 3 | 4
MORAY LICENSING BOARD
MEETING, 30 April 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX
Licensing (Scotland) Act 2005
Type Premises Applicant Date received Comments
 Monday – Thursday 10:00-
00:00
 Friday 10:00-01:00
 Condition that the club cap
the number of
hospitality/house members
at 150
25/00581/PRELIC Krua Thai
26 Batchen Street
Elgin
IV30
Neil Farquhar 24.03.2025 All Responses – waiting on S50s
Paperwork: TBC
Site Visit: 24 April
Application for:
 New premises to be Krua
Thai.
 Restaurant areas over two
floors .
 Alcohol on sales only.
25/00451/PROLIC Asda Express PFS
1 Coxton Park
Elgin
IV30 8AZ
Asda Express Ltd 06.03.2025 All Responses – all in order
Paperwork: all in order
Site Visit: N/A
Application for: Provisonal Licence
at PFS.
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P a g e 4 | 4
MORAY LICENSING BOARD
MEETING, 30 April 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX
Licensing (Scotland) Act 2005
Type Premises Applicant Date received Comments
25/00575/PRELIC The Brander Arms
(to be Brume and
Brander)
Shore Street
Lossiemouth
IV31 6PB
Wittons Holdings Ltd 21.03.2025 All Responses – TBC
Paperwork: TBC
Site Visit: 24 April
Application for: Premises Licence
for pub, with bar food and outside
area.
25/00599/PRELIC Dallas Dhu House
111 St Leonards
Road
Forres
IV36 2RE
Edward Odim
Aceo Ltd
21.03.2025 All Responses – all in order
Paperwork: all in order
Site Visit: 24 April
Application for:  Premises Licence
for hotel with restaurant and bar
open to guests and the public.
Also for hospitality events,
conferences, weddings, fairs, team
events, whisky tasting etc.
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Report to: Moray Licensing Board Meeting Date: 30 April 2025  
Report by: Clerk to the Board Report No: GSP017/25  
Author: Jennifer Smith  Contact Email: licensing@moray.gov.uk 
Subject: Licensing (Scotland) Act 2005 – Review of Premises Licences 
1.  PURPOSE 
☒ For Decision      ☐  For Information 
1.1  The purpose of this report is to ask the Board to conduct a hearing to consider and
determine the premises licence review proposal in respect of each of the premises listed
in the schedule circulated separately to members. 
2.  SUMMARY  
2.1  The Board should consider and determine the premises licence review proposal in respect
of each of the premises listed in the schedule circulated separately to members having
regard to the powers available to the Board under section 39(2) of the Licensing (Scotland)
Act 2005.    
3.  RECOMMENDATIONS  
3.1  It is recommended that the Board consider and determine the premises licence
review proposal(s) having regard to the powers available to the Board under section
39(2) of the Licensing (Scotland) Act 2005. 
Jennifer Smith
Solicitor, Depute Clerk to the Board 
4.  BACKGROUND AND CONTEXT  
4.1  On 22 July 2010 (paragraph 4 of the Minute refers) the Board delegated authority to the Clerk
and his staff to make a premises licence review proposal in terms of section 37(1) of the
Licensing (Scotland) Act 2005 (“the Act”) for any premises where the annual fee remained
outstanding for a period of six weeks after the due date.    
Item 6.
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4.2  Annual fees are due each year on the 1 October.  Fees are payable in advance for the period
1 October to 30 September the following year.  Invoices were issued on 30 August 2024, in
advance of 1 October, to serve as a written reminder to licence holders, as is required by
Regulations. 
4.3  By delegated authority detailed in paragraph 4.1 above a premises licence review proposal
has been made in respect of each of certain premises that will be listed in a schedule to
be tabled at the meeting.  The proposals have been made as a result of the fact the annual
fee remains outstanding.  Notice the matter was to be presented at this meeting was sent
by email (where possible) or first class post to all relevant licence holders on 2 April 2025.  
4.4  In addition to the final premises licence review proposal referred to above licence holders
have been provided with an invoice, at least one reminder for the invoice and a further
letter requesting payment.  The Licensing Standards Officer has also attempted to make
contact with relevant premises licence holders. 
4.5  The Clerk will update the schedule and withdraw the proposal in respect of any licence fee
that is paid prior to the date of the hearing. 
4.6  Each review proposal must state the grounds for review.  Section 36(3) of the Act states
the grounds for review, which are (za) that, having regard to the licensing objectives, the
licence holder is not a fit and proper person to be the holder of a premises licence, (a) that
one or more of the conditions to which the premises licence is subject has been
breached, or (b) any other ground relevant to one or more of the licensing objectives. 
Grounds grounds (a) and (b) being particularly relevant to each review proposal.  
4.7  A review proposal having been made, the Board is obliged to hold a hearing, in terms of
section 38(1) of the Act, to consider and determine each proposal. 
5.  PROPOSALS  
5.1  A premises licence review proposal having been made in respect of each of the premises
listed in a schedule to be tabled at the meeting.  Each proposal must be determined.  
6.  SUMMARY OF IMPLICATIONS  
6.1  The table below shows whether risks and implications apply if the recommendations are
agreed: 
SUBJECT YES NO
Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X 
Policy and Legal X 
Financial X 
Risk  X
Staffing X 
Best Value and Transformation  X
Property  X
Information Communications Technology/Digital            X
Equalities. Social Inclusion and Economic Impact            X 
Climate Change and Biodiversity Impact  X
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6.2  Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))
Improved Collaborative Leadership, as part of continuous improvement through Best
Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 
a) Links to Council Corporate Plan – The proposals in this report support and
contribute to improved outcomes for communities as outlined in the following
Council Plan strategic priorities:
☒ Tackle Poverty and Inequality.
☒ Build Stronger Greener Vibrant Economy.
☒ Build Thriving, resilient, empowered Communities.   
b) Links to Local Outcomes Improvement Plan – The proposals in this report support
and contribute to improved outcomes for communities as outlined in the following
Local Outcomes Improvement Plan priorities:
☒ Developing a diverse, inclusive, and sustainable economy
☒ Building a better future for our children and young people in   Moray.
☒ Empowering and connecting communities.
☒ Improving wellbeing of our population 
6.3  Policy and Legal  
Grounds for review 
A review proposal must state the grounds for review.  Section 36(3) of the Act states the
grounds for review which are, (za) that, having regard to the licensing objectives, the
licence holder is not a fit and proper person to be the holder of a premises licence, (a) that
one or more of the conditions to which the premises licence is subject has been
breached, or (b) any other ground relevant to one or more of the licensing objectives.   
In the present case, grounds for review are made out both in terms of section 36(3)(a) and
(b) of the Act, to consider and determine the proposal(s). 
Obligation to hold a hearing 
A review proposal having been made, the Board is obliged to hold a hearing, in terms of
38(1) of the Act, to consider and determine each proposal.     
Mandatory premises licence conditions 
Paragraph 10(2) of Schedule 3 of the Act imposes payment of the annual fees as a
mandatory condition of the premises licence. 
By failing to pay the annual licence fees which became due 1 October 2024, the licence
holders concerned are breaching a mandatory condition of the premises licence, which
condition is imposed by paragraph 10(2) of Schedule 3 of the Act. 
In addition, by failure to pay the annual licence fees, the licence holders concerned have
deprived the Board of revenue and this reduces the Board’s ability to promote the
licensing objectives. 
At the review hearing Section 39(2) of the Act confers on the Board the power to:- 
(i) issue a written warning,
(ii) vary the licence, Page 17

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(iii) suspend the licence for such period as the Board may determine including
suspending the licence unless and until the fee is paid; or
(iv) revoke the licence.  
6.4  Financial 
Loss of unpaid fees with the resultant impact on the Board’s ability to promote the
licensing objectives. 
One off Costs:
Service
Area
Budget Budget
Years
Proposed
Spend this
Year
Virement
From
Other
Comments
N/A N/A N/A N/A N/A N/A 
Annually Recurring Costs:
Service
Area
Budget With
Effect
From
Annual
Net
Impact
Virement
From (if
applicable)
Other
Comments
N/A N/A N/A N/A N/A N/A 
6.5  Risk   
None arising from this report. 
6.6  Staffing   
Additional administration is required in pursuing unpaid annual fees. 
6.7  Best Value and Transformation   
None arising from this report. 
6.8  Property   
None arising from this report. 
6.9  Information Communications/Technology/Digital   
None arising from this report. 
6.10  Equalities, Social Inclusion and Economic Impact   
In considering this matter the Board should have regard to the subject’s rights under the
European Convention on Human Rights and the Human Rights Act 1998.  
6.11  Climate Change and Biodiversity Impacts   
None arising from this report. 
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7.  CONSULTATION  
7.1 None required. 
8.  BACKGROUND PAPERS  
8.1 There are no background papers. 
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