Agenda Document Pack - Licensing Board - 30/04/2025
Moray Council · 30 April 2025
Back to Licensing Board — 30 April 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 Page 1
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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. Page 3
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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 Page 4
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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. Page 5
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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 Page 6
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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. Page 7
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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. Page 8
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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. Page 9
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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 Page 10
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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. Page 11
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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 Page 12
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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. Page 13
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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. Page 14
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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. Page 15
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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 Page 16
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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. Page 18
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7. CONSULTATION 7.1 None required. 8. BACKGROUND PAPERS 8.1 There are no background papers. Page 19
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