Agenda Document Pack - Licensing Board - 12/11/2025
Moray Council · 12 November 2025
Back to Licensing Board — 12 November 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, 12 November 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, 12 November 2025 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of the Licensing Board held 3 September 2025 5 - 8 4. Application List - November 2025 9 - 20 4a. Strathlene Buckie Golf Club - 25-01513-PREVMA 4b. Scotmid Burghead - 25-01746-PROLIC 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 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may 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 2
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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 3
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MORAY COUNCIL Minute of Meeting of the Licensing Board Wednesday, 03 September 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor David Gordon, Councillor Scott Lawrence, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Tracy Colyer 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 Peter Bloomfield chaired the meeting. 2. Declaration of Member's Interests In terms of Standing Orders 21 and 23 and The Councillors' Code of conduct the Board noted that Councillor Allan declared an interest in item 5 "Gulays Patisserie - 25-00899-PRELIC" and advised that he would leave the chamber for the discussion of this item. In relation to the same item, Councillor Cameron stated that for transparency he was a customer at the café and, after taking advice from the senior solicitor, he was of the opinion that it did not meet the threshold and would remain in the meeting for the consideration of the item. 3. Minute of meeting held 18 June 2025 The minute of the meeting held 18 June 2025 was submitted and approved. 4. Gulays Patisserie - 25-00899-PRELIC Councillor Allan left the meeting at this juncture. The Legal Advisor introduced the application as a new premises licence and confirmed that there were no representations or objections, and that a site visit had been undertaken. She added that although the Section 50 certificate from Building Standards had been applied for, it had not yet been received. She advised the Board Item 3. Page 5
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that if they were minded to grant the licence, it would be as a provisional premises licence with delegated authority granted to the Depute Clerk to the Board to grant the full licence. PC Skivington confirmed that there was nothing further to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. During consideration, Councillor Gordon sought clarification on why the full operating plan was not within the papers, as it only contained the revised version showing the child access. In response, the Legal Advisor apologised for the updated operating plan not being included. The Licensing Standards Officer advised that the original operating plan showed on- sales between 10am and 10pm and the revised version showed the times that children would be able to access the premises. Councillor Gordon sought further clarification on why children's access was from 9am but the operating plan stated 10am. In response, the Licensing Standards Officer advised that the opening hours for the café were from 9am and that they would serve food outside of the licensed hours. Councillor Warren moved that a provisional premises licence be granted with delated authority to the Depute Clerk to the Board to grant a full licence once the paperwork was in order. This was seconded by Councillor Bloomfield. There being no one otherwise minded, a provisional premises licence was granted with delegated authority. 5. Ballindalloch Shop and Post Office - 25-01264-PREVMA Councillor Allan returned to the meeting for the start of this item. The Legal advisor introduced the application as a major variation application and confirmed that all paperwork was in order and there were no representations or objections. PC Skivington confirmed that there was nothing further to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Councillor Warren moved that the variation be granted. This was seconded by Councillor Allan. There being no one otherwise minded, the variation was granted. 6. Annual Review of Income v Expenditure Page 6
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The meeting had before it a report by the Clerk to the Board updating the Board on the overall income and expenditure for alcohol licensing for the last financial year by way of an annual financial report, making predictions in respect of likely income and expenditure, and determining whether the Board wishes to undertake a review of licensing fees as a result. During consideration, Councillor Lawrence was of the opinion that the current fees were at the correct level and moved to agree the recommendations. Councillor Warren sought clarification on whether there could be a table to show income and licence numbers by type. In response, the Depute Clerk to the Board advised that the fees would normally be included in with the functions report but had been delayed on this occasion. He further advised that the current fees were set at the maximum that could be charged. Councilor Warren sought clarification on how Officer costs were accounted for, as occasional licences were cheap and more were being applied for. In response, the Depute Clerk to the Board advised that the statistics showed the overall income and expenditure and occasional licences were included in the data. It would not be possible to split this down further into licence type. Councillor Gordon sought clarification on who it was that was applying for occasional licences. In response, the Depute Clerk to the Board advised that he did not have the data, but anyone could apply for an occasional licence, from voluntary organisations, personal licence holders and premises licence holders. He advised that the cost for an occasional licence was a statutory fee and added that occasional licences were being discussed at a national level. Following consideration, and there being no one otherwise minded, the Board unanimously agreed to: i. note the current fees attached at Appendix 1; ii. note the financial report on income and expenditure data at Appendix 2; iii. publish the financial report; and iv. keep the current fee structure. 7. Gambling Act 2005 – Statement of Licensing Policy The meeting had before it a report by the Clerk to the Board advising the Board with regard to the statutory obligation to develop, consult and publish a policy statement setting out the principles they propose to apply to the exercise of their functions under the Gambling Act 2005 every three years. During consideration, Councillor Gordon sought clarification on who was consulted as there had only been one response. Page 7
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In response, the Legal Advisor advised that the full list of consultees was included in paragraph 5 of the policy document and confirmed that there had only been one response. Following consideration, the Board unanimously agreed: i. to note the statutory obligation to develop, consult upon and publish a statement of licensing policy in respect of gambling and note that a revised policy must be in place for 1 January 2026; ii. to note the policy has been the subject of formal consultation for the period 23 June 2025 to 15 August 2025; iii. to note the terms of the final policy as reviewed and developed by the Board, following research produced at Appendix 1; and iv. to approve a final policy statement for publication. Page 8
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MORAY LICENSING BOARD MEETING, 12 November 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 1 | 2 Type Premises Applicant Date received Comments 25/01513/PREVMA Strathlene Buckie Golf Club Portessie Buckie AB56 4DJ Strathlene Golf Club c/o Robert Smith 11.08.2025 All Responses: all in order Paperwork: ✓ App Form ✓ Op Plan ✓ Layout Plan Site Visit: TBC Application for: • Change of use of downstairs office. Office refurbished as a Bar for winter time and when functions are on. 25/01746/PROLIC Scotmid (Burghead) Scottish Co-operative Society Limited 18.09.2025 All Responses Received Paperwork: ✓ App Form ✓ Op Plan ✓ Layout Plan ✓ Disabilities Statement Site Visit: TBC Item 4. Page 9
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MORAY LICENSING BOARD MEETING, 12 November 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 2 | 2 Type Premises Applicant Date received Comments Application for: • General convenience store in a former converted church building situated on Grant Street, Burghead Page 10
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Key to Colour Coding of Applications within Appendices to the Agenda of Business for the Moray Licensing Board All matters are to be heard by the Moray Licensing Board and the Moray Licensing Board has the final decision. However, in accordance with Government Guidance and locally agreed procedure, applications may be submitted to the Board with a general recommendation. Please note that colour coding may be subject to change given the nature of the licensing procedure. Documents may be received and/or negotiations resolved following publication of the agenda. RED YELLOW GREEN Indicates that the application will normally require to be heard, whether by virtue of general procedural rules or as a result of problems arising. This should apply to all new premises/provisional licence applications. There may be ongoing negotiations to resolve problems. Indicates changing circumstances with the application. It is not ready to be granted at the time of publication but there are not normally major problems e.g. procedural issues or ongoing negotiations. Applications will normally be submitted with recommendation for grant or deferral. Indicates that all is in order with the application. All documents have been received and checked. All procedures have been followed. There are unlikely to be any representations, objections or problems or the same have been resolved. It is being submitted with a recommendation for grant but members are free to make enquiries as they see fit. Page 11
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Licensing (Scotland) Act 2005 Licensing Objectives Section 4 sets out the licensing objectives: “(1) For the purposes of this Act, the licensing objectives are— (a) preventing crime and disorder, (b) securing public safety, (c) preventing public nuisance, (d) protecting and improving public health, and (e) protecting children and young persons from harm.” Applications for a Premises Licence or Provisional Premises Licence Section 20 Application By section 20 any person (over 18) may apply to the appropriate Licensing Board for a premises licence in respect of any premises. An application under subsection must— (a)contain a description of the subject premises, and (b)be accompanied by— (i)an operating plan for the subject premises, (ii)a “layout plan” of the subject premises, and (iii)the certificates required by section 50(1). Notice of Application Notice of the application has been given to— (a) each person having a notifiable interest in neighbouring land i.e. neighbours within 4 metres of the boundary of the premises (b) the community council within whose area the premises are situated, (d) the chief constable, and (e) the fire service (f) the NHS Objections / Representations By section 22 any person may, by notice to the Licensing Board— (a) object to the application on any ground relevant to one of the grounds for refusal (detailed below) (b) make representations to the Board— (i) in support of the application, (ii) as to modifications which the person considers should be made to the operating plan accompanying the application, or (iii) as to conditions which the person considers should be imposed. Page 13
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A representation is not an objection to a licence being granted. It means the representer would like to see a changes or changes to the licence or conditions on the licence before it is granted. Where a Licensing Board receives a notice of objection or representation the Board must— (a) give a copy of the notice to the applicant, and (b) have regard to the objection or representation in determining the application, unless the Board rejects the notice as being frivolous or vexatious. Where a Licensing Board rejects a notice of objection or representation as frivolous or vexatious, the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice. Consideration and determination of a Premises Licence Application Section 23(4) states that: “(4) The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and— (a) if none of them applies, the Board must grant the application, or (b) if any of them applies, the Board must refuse the application.” Possible Courses of Action 1. Grant the licence as applied for; 2. Grant the licence with a condition(s) under s.27(6). Determine the licensing objective and how the situation can be improved and the exact terms of a condition. 3. Grant the licence with a modification to the operating plan under s.23(7) which states that “(7) Where the Licensing Board considers that— (a) they would refuse the application as made, but (b) if a modification proposed by them were made to the operating plan for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified.” 4. Refuse - In section 23(5) of Act: (5) The grounds for refusal are— (a) that the subject premises are excluded premises, (b) that the application must be refused under section 25(2) (licence refused within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3) (off sale hours outside 10am to 10pm), Page 14
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(ba) that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person to be the holder of the premises licence, (c) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, (d) that, having regard to— (i) the nature of the activities proposed to be carried on in the subject premises, (ii) the location, character and condition of the premises, and (iii) the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol, (e) that, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises, in the locality. 5. Defer – if for example the Board wanted to arrange a further site visit. Consequences of Refusal Section 25 says that where a Licensing Board has refused a premises licence application the Board must refuse any subsequent premises licence application in respect of the same premises before the expiry of the period of one year beginning with the date of the earlier refusal UNLESS at the time of the earlier refusal the Board directed that this provision would not apply or the Board is satisfied that there has been a material change of circumstances. Applications to Vary a Licence Section 29 Application By section 29(1) a premises licence holder may apply to the appropriate licensing Board for a variation of the licence. Such an application must be accompanied by (a) the premises licence to which the application relates, or (b) if that is not practicable, a statement of the reasons for failure to produce the licence. Meaning of Variation Section 29(5) defines a variation as meaning any variation (which includes addition deletion or other modification) of: (a) any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1) which are Schedule 3 mandatory conditions and cannot be changed); Page 15
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(b) any of the information contained in the operating plan contained in the licence; (c) the layout plan contained in the licence; or (d) any other information contained or referred to in the licence. Generally a variation that involves a change to the information contained within the operating plan is not a minor variation and it requires to be determined by the Licensing Board. Any variation that involves: (i) a change to the layout plan that does not affect the operating plan (ii) a restriction on the access for children/young persons (iii) a change of premises manager (iv) reduction in the alcohol display area or capacity (v) reduction in the core hours can be considered to be a minor variation which must be granted and so is dealt with under delegated powers. Notice of Application Notice of the application has been given to— (a) each person having a notifiable interest in neighbouring land i.e. neighbours within 4 metres of the boundary of the premises (b) the community council within whose area the premises are situated, (d) the chief constable, and (e) the fire service (f) the NHS Section 22 applies the same as it does to a premises licence application and so any person may, by notice to the Licensing Board object to the application on any ground relevant to one of the grounds for refusal or make representations to the Board concerning the application. Determination of the Variation Application Section 30(3) provides that the Licensing Board must hold a hearing for the purpose of considering and determining the application. The Board must consider whether any of the grounds for refusal applies and: (a) if none of them applies, the Board must grant the application; (b) if any of them applies, the Board must refuse the application; Section 30(5) provides that the grounds for refusal are: (a) that the application must be refused under section 32(2) (licence refused within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3) (off sale hours outside 10am to 10pm); Page 16
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(b) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives; (c) that, having regard to the nature of the activities carried on or proposed to be carried on in the subject premises, the location, character and condition of the premises, and the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation; (d) that the Board considers that if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the variation), in the locality. Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. Where the Licensing Board refuses the application the Board must specify the ground for refusal, and where relevant the Board must specify the licensing objective or objectives in question. Subsequent Applications Following Refusal Section 32 says that where a Licensing Board has refused a premises licence variation application the Board must refuse any subsequent premises licence variation application in respect of the same premises licence, and seeking the same variation made before the expiry of the period of one year beginning with the date of the earlier refusal UNLESS at the time of the earlier refusal the Board directed that this provision would not apply or the Board is satisfied that there has been a material change of circumstances. Applications for a Temporary Premises Licence The Licensing (Scotland) Act 2005 (“the Act”) makes provision for premises licence holders to apply for a licence in respect of temporary premises where the licensed premises are to undergo reconstruction or conversion. Such provision enables premises licence holders to carry on business pending the reconstruction or conversion of the principal premises. Section 47 of the Act applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (“the principal premises”). Under Section 47(2), a premises licence holder may apply to the Board for a premises licence in respect of such other premises within the Board’s area as are specified in the application (“temporary premises”) Page 17
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Granting the Application The Board may grant a premises licence in respect of the temporary premises where its satisfied that:- (a) the temporary premises are suitable for use for the sale of alcohol, and (b) that it is necessary to grant the licence to enable the applicant to carry on business pending construction or conversion of the principal premises. If granted, a temporary premises licence is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Board considers appropriate. Granting the Application with Conditions Where the Board is not minded to grant the application, it should first move to consider whether the application should be granted with additional conditions. The Board can impose such conditions as it considers necessary or expedient for the purposes of any of the licensing objectives. Such conditions can require anything to be done, or prohibiting or restricting the doing of anything, in connection with (a) the sale of alcohol on the premises, or (b) any other activity carried on in such premises. For example, a restriction to the hours of operation. Where the Board chooses to impose such conditions, the conditions cannot be inconsistent with, or have the effect of making more onerous or more restrictive, any condition in terms of the Act or prescribed by Regulations, or relate to a matter (such as planning, building control or food hygiene) which is regulated under another enactment. Any condition must be specific and must be within the licence holder’s power to do. Considerations to which the Board must have regard When considering an application for a temporary premises licence the Board must have regard to the licensing objectives as well as any and all additional information made available at the hearing or in writing and the European Convention on Human Rights and Human Rights Act 1998. Licensing Objectives The five licensing objectives are:- • Preventing crime and disorder, • Securing public safety, • Preventing public nuisance, • Protecting and improving public health, and • Protecting children and young persons from harm. Page 18
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Equalities/Socio Economic Impact In considering the matter the Board should have regard to the subject’s rights under the European Convention on Human Rights (and the Human Rights Act 1998). In particular – Article 8 – access to private and sensitive information about the subject could give rise to interference with the subject’s right to respect for private and family life. Article 1 of Protocol 1 – the decision may also interfere with the right or property, in that, depending on the outcome, the decision may deprive the subject of income. Article 6 – the right to a fair trial means the proceedings must be conducted fairly to arrive at a reasoned decision. Article 8 and Article 1 of Protocol 1 are qualified rights, meaning these can be restricted in order to protect the rights of another or the wider public interest. This will require an objective justification. To be able to objectively justify a decision, the Board has to demonstrate that any decision is a proportionate means to achieve a legitimate aim. A legitimate aim must be a real consideration that is legal and not discriminatory. Examples of legitimate aims include: Public health; Public safety; Efficiency; Saving cost may be relevant but it is not an aim in itself. Any measure taken to achieve the legitimate aim must also be proportionate i.e. necessary and the least intrusive/discriminatory way of achieving the aim. Lastly, when any of the Articles are engaged, it will also mean Article 14 should be considered. That is the right not to be discriminated against in relation to convention rights. The definition of discrimination under this Article covers a much wider spectrum than the protected characteristics under the Equality Act 2010. The Board should have regard to all the subject’s circumstances. Page 19
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