Agenda Document Pack - Licensing Board - 04/02/2026
Moray Council · 4 February 2026
Back to Licensing Board — 4 February 2026 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, 04 February 2026 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, 04 February 2026 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minutes 3a. Minute of the licensing board held 12 November 2025 5 - 6 3b. Minute of the Special Licensing Board held 17 December 2025 7 - 10 4. Application List for Board February 2026 11 - 22 4a. Cafe 1496 -25-02056-PREVMA 4b. Nisa Dufftown -26-00037-PRETHA 4c. Ballindalloch Castle - 25-02194-PRELIC 5. Annual Chief Constable Report Under Section 12A Report by Clerk to the Board 23 - 36 6. Premises Licence Review Non Payment of Fees Report by Clerk to the Board 37 - 42 Page 1
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Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 2
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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 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, 12 November 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 chaired the meeting. 2. Declaration of Group Decisions and Member's Interests In terms of Standing Order 21 and 23 and the Councillors' Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda. 3. Minute of the Licensing Board held 3 September 2025 The minute of the meeting held 3 September 2025 was submitted and approved. 4. Strathlene Buckie Golf Club - 25-01513-PREVMA The Legal Advisor introduced the report as a major variation and confirmed that all paperwork was in order and there were no objections or representations. 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 as to why live performances and recorded music had not been included in the application. In response, the Legal Adviser confirmed that the variation was only for what was included in the papers. The premises already had live performances and recorded music included in their licence so it would not need to be added again. Item 3a. Page 5
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Councillor Bloomfield moved to grant the variation. This was seconded by Councillor Warren. There being no one otherwise minded, the variation was granted. 5. Scotmid Burghead - 25-01746-PROLIC The Legal Advisor introduced the application as a provisional premises licence. She added that all of the paperwork was in order and there were no objections or representations. PC Skivington advised that there was nothing further to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Councillor Cameron moved that the provisional licence be granted. This was seconded by Councillor Bloomfield. There being no one otherwise minded, the provisional licence was granted. Page 6
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MORAY COUNCIL Minute of Special Meeting of the Licensing Board Wednesday, 17 December 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor David Gordon, Councillor Scott Lawrence, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor James Allan IN ATTENDANCE Sean Hoath, Depute Clerk to the Board; Jennifer Smith, Legal Adviser; Lindsey Robinson, Committee Services Officer, all Moray Council, and PC James Stewart, Police Scotland. 1. Chair Councillor Peter Bloomfield chaired the meeting. 2. Declaration of Member's Interests In terms of Standing Order 21 and 23 and the Councillors' Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda. 3. Resolution The meeting resolved that in terms of section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item s4 and 5 of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Paragraph number of the Minute Paragraph Number of Schedule 7A 4 Paragraph 14 Any action taken or to be taken in connections with the prevention, investigation, or prosecution of crime. 5 Paragraph 14 Item 3b. Page 7
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Any action taken or to be taken in connections with the prevention, investigation, or prosecution of crime. 4. Hearing 1 - Personal Licence Review Hearing Following Notification of Relevant Conviction [Para 14] The meeting had before it a report by the Clerk to the Board asking the Board to consider notice of relevant convictions and recommendation received from the Chief Constable under section 83(4)(b) and (5) of the Licensing (Scotland) Act 2005 in respect of the holder of a personal licence. The Legal Adviser confirmed that the licence holder and the Chief Constable’s representative had been properly invited to the meeting and so been given a reasonable opportunity to attend. The licence holder had also received copies of the Chief Constable’s letter. It was noted that the licence holder had responded to the meeting invitation by confirming that he would not be in attendance but had instead left written submissions which had been distributed to members of the Board to consider. The Board resolved to proceed in the licence holder’s absence. PC James Stewart represented the Chief Constable. PC Stewart addressed the Committee and responded to the questions asked. Councillor Lawrence moved to revoke the licence, as he was of the opinion that the licence holder was no longer a fit and proper person to hold a licence in terms of the licensing objectives of Preventing Crime and Disorder, Securing Public safety, and Preventing Public Nuisance. This was seconded by Councillor Warren. Councillor Gordon proposed that the licence be suspended for 6 months. On failing to find a seconder the amendment fell. There being no one otherwise minded, the Board agreed to revoke the licence in terms of Section 83(5)(a) and (b) of the Licensing (Scotland) Act 2005 5. Hearing 2 - Personal Licence Review Hearing Following Notification of Relevant Conviction [Para 14] The meeting had before it a report by the Clerk to the Board asking the Board to consider notice of relevant convictions and recommendation received from the Chief Constable under section 83(4)(b) and (5) of the Licensing (Scotland) Act 2005 in respect of the holder of a personal licence. The Legal Adviser confirmed that the licence holder and the Chief Constable’s representative had been properly invited to the meeting and so been given a reasonable opportunity to attend. The licence holder had also received copies of the Chief Constable’s letter. Page 8
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It was noted that the licence holder was not in attendance and had not responded to the meeting invitation. The Board resolved to proceed in the licence holder’s absence. PC James Stewart represented the Chief Constable. PC Stewart addressed the Committee and responded to the questions asked. Councillor Lawrence moved to revoke the licence, as he was of the opinion that the licence holder was no longer a fit and proper person to hold a personal licence in terms of the licensing objectives of Preventing Crime and Disorder, Securing Public safety and Protecting Children form Harm. This was seconded by Councillor Bloomfield. Councillor Lawrence requested that the co-Chairs write to the Scottish Courts to ascertain if the process could be sped up with offenders being asked if they are licence holders at the time of conviction. Both Councillor Bloomfield and Councillor Warren agreed to this. There being no one otherwise minded, the Board unanimously agreed: i. to revoke the licence in terms of Section 83(5)(a) and (b) of the Licensing (Scotland) Act 2005; and ii. that the co-Chairs would write to the Scottish Courts to ascertain if the process could be sped up by asking any offenders if they are licence holders at the time of their conviction. Page 9
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MORAY LICENSING BOARD MEETING, 4 February 2026 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 25/02056/PREVMA Café 1496 79 High Street Forres Moray IV36 1AE Carrie Hughes 13.11.2025 All Responses: Satisfactory (Note: Previous Planning agreed times) Paperwork: ✓ App Form ✓ Op Plan Site Visit: NO Application for: • To allow under 18 years of age access to events and functions. 26/00037/PRETHA Nisa Dufftown 40 Balvenie Street Dufftown Keith Moray AB55 4AS SRJ Convenience LTD 06.01.2026 All Responses: TBC (Consultation expires 04/02) Paperwork: ✓ App Form ✓ Op Plan Site Visit: NO Application for: • Transfer • Extended hours 25/02194/PRELIC The Gift Shop Ballindalloch Castle And Gardens Ballindalloch Guy Ewan MacPherson- Grant 05.12.2025 All Responses: Satisfactory Paperwork: ✓ App Form ✓ Op Plan Item 4. Page 11
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MORAY LICENSING BOARD MEETING, 4 February 2026 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 Moray AB37 9AX ✓ Layout Plan Site Visit: NO Application for: • Alcohol sales from the gift shop at the castle Page 12
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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. Item 4. Page 13
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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. Item 4. Page 15
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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 16
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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 17
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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 18
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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 19
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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 20
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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 21
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Report to: Moray Licensing Board Meeting Date: 4 February 2026 Report by: Clerk to the Board Author: Jennifer Smith Contact Email: licensing@moray.gov.uk Subject: Licensing (Scotland) Act 2005 – Chief Constable’s Report under Section 12A 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and note the contents of the report provided by the Chief Constable (at Appendix 1) in accordance with Section 12A of Licensing (Scotland) Act 2005. 2. SUMMARY 2.1 The Chief Constable has a legal responsibility to report certain matters to the Licensing Board on an annual basis. The Chief Constable’s report for 2024-2025 is placed before the Licensing Board for consideration. 3. RECOMMENDATIONS 3.1 It is recommended that the Board consider and note the contents of the Chief Constable’s report provided at Appendix 1. Jennifer Smith Solicitor 4. BACKGROUND AND CONTEXT 4.1 On 28 November 2025 the Chief Constable submitted a report under section 12A of the Licensing (Scotland) Act 2005 (“the Act”). 4.2 Section 12A of the Act provides that the Chief Constable must send a report to the Board as soon as practicable after the end of each financial year setting out the following information:- 4.2.1 the Chief Constable’s views about matters relating to policing in the Board’s area during that year and the following year, and Item 5. Page 23
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4.2.2 any steps the Chief Constable has taken during that year, or intends to take in the following year, to prevent the sale or supply of alcohol to children or young people in the Board’s area. 4.3 The Chief Constable’s report for 2024 – 2025 is attached at Appendix 1. 5. PROPOSALS 5.1 It is proposed that the Board consider and note the contents of the Chief Constable’s annual report attached at Appendix 1. 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 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 Matters arising in the Chief Constable’s report may be relevant to Licensing Board policy. Page 24
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6.4 Financial None arising from this report. 6.5 Risk None arising from this report. 6.6 Staffing None arising from this report. 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 None arising from this report. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 Consultation is not required. 8. BACKGROUND PAPERS 8.1 There are no background papers. Page 25
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OFFICIAL NOT PROTECTIVELY MARKED Page | 1 OFFICIAL MORAY Licensing Report 2024-2025 Item 5. Page 27
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OFFICIAL NOT PROTECTIVELY MARKED Page | 2 OFFICIAL Foreword It gives me great pleasure to provide the Annual Licensing Report for 2024/25, in accordance with Section 12(A) of the Licensing (Scotland) Act 2005. Throughout the last year I have been committed to improving confidence amongst our communities by working in partnership with a focus on prevention, early intervention and proactivity. This supports our broader 2030 vision of safer communities, less crime, supported victims and a thriving work force. In respect of Licensing, I recognise that success can only be achieved in collaboration with the 32 local authorities across Scotland. Along with contribution from many other associated national and local partners, this collaborative working ensures support for the licensed trade while also preventing alcohol fuelled violence, disorder and anti-social behaviour. Our joint campaigns which aim to protect children and young persons from harm will continue. In the year ahead, our approach will remain focused on prevention and collaboration to ensure high standards of service delivery. I will continue to encourage officers and staff to engage with licensed premises and take relevant and proportionate action where appropriate to ensure licensing standards are maintained in the interest of the safety of the people of Scotland. I would like to take this opportunity to once again thank our local partnerships for their contribution to maintaining high standards and driving improvement where necessary within the Licensed Trade for the benefit of the communities we all serve. Chief Constable Jo Farrell Page 28
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OFFICIAL NOT PROTECTIVELY MARKED Page | 3 OFFICIAL Police Scotland Licensing Overview – The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within the National Policing Together Division and have staff based across the force. The department has overall responsibility for determining and delivering national licensing strategy and policy, providing advice, guidance and support to divisional licensing teams and undertaking other specialist functions. The VPLCU is a specialist department which consists of a small team of officers. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide advice to police licensing practitioners, operational officers, supervisors and policing commanders. The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the illegal or irresponsible sale, supply or consumption of alcohol with the intention of preventing and reducing crime and disorder. During 2024/2025, from a licensing perspective, our particular focus was on the following; • Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises. • Delivering and promoting campaigns which seek to address issues arising from the consumption of alcohol, particularly in relation to young persons and in the context of the night-time economy. • Governance and ongoing development of the National ICT Licensing System, known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor and civic licensing administration and management. Police Scotland continue to work on upgrading the National ICT system to ensure compliance with GDPR legislation. Each of the 13 Local Policing Divisions have a licensing team responsible for the day-to-day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area. LICENSING BOARD AREA The Moray Licensing Board area is policed by North East Division Chief Superintendent Kate Stephen is the Local Police Commander who has the responsibility for all day-to-day policing functions. Page 29
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OFFICIAL NOT PROTECTIVELY MARKED Page | 4 OFFICIAL Additional officers holding responsibility for licensing within the area of A Division are as follows: Head of Department: Superintendent Jason Carrigan - Partnerships Chief Inspector George Nixon - Partnerships, Preventions and Interventions. Inspector Susan Taylor - Licensing and Events Sergeant Neil Grant, 3 Police Constables and 4 Divisional Licensing Administrators. Local Policing Priorities Following our public consultation process, the policing priorities for Northeast Division, as set out in our Local Policing Plan are as follows; • Antisocial Behaviour, Violence and Disorder • Acquisitive Crime • Protecting Vulnerable People • Road Safety and Road Crime • Serious Organised Crime • Counter Terrorism and Domestic Extremism In response to the local policing priorities, we will continue to address violence, focusing on alcohol related violence, as well as dealing with disorder and antisocial behaviour related to the sale and consumption of alcohol. OPERATION OF THE LICENSING (SCOTLAND) ACT 2005 The North East Division Licensing Team is located across the division in Aberdeen, Inverurie, Elgin and Stonehaven. All staff have a division wide remit and a working knowledge of all the areas covered. The North East Division Licensing Team, supported by Community Policing Officers, has promoted the Police Service of Scotland's force priorities alongside the five licensing objectives, the overarching principles and aims of the Licensing (Scotland) Act 2005. The national economic downturn continues to have a notable impact upon the Licensing Trade, which is evident in the reduction of customers and the number of licensing related incidents dealt with by Police Scotland. Premises Licences In the year 1 April 2024 to 31 March 2025, the following applications were received and processed by the police licensing team for consideration of the Moray Board. Page 30
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OFFICIAL NOT PROTECTIVELY MARKED Page | 5 OFFICIAL Type of application No. No. of Police Representations/Objections Year 23-24 24-25 23-24 24-25 New/Provisional Premises Licence 4 9 0 0 Variations 25 26 2 3 Occasional and Extended Hours Licences In the year 1 April 2024 to 31 March 2025, the following Occasional and Extended Hours Licences were processed by Police licensing team for consideration of the Moray Board. Type of application No. Granted Refused Withdrawn Year 23-24 24-25 23-24 24-25 23-24 24-25 23-24 24-25 Occasional/ Extended Hours 597 616 597 609 0 0 0 7 Section 72 - Personal Licence Applications In line with the legislation, the Divisional Licensing team will scrutinise convictions and the five licensing objectives. In general, if an applicant has no relevant convictions, the Police will not provide any representation or objection. If the applicant has relevant convictions, Police will either provide a representation confirming those convictions, or they will object to the granting of the licence, based on the nature of the conviction, and whether they believe the person to be ‘fit and proper’ to hold a licence. Where any query arises from any such application, a member of the team will seek to discuss the application with the applicant, or the applicant’s agent, to ensure that responses to the Board by means of representation or objection are considered, reasonable and proportionate. In the year 1 April 2024 to 31 March 2025, the following applications were received and processed by the police licensing team for consideration of the Board. Type of application No. Granted Refused Withdrawn Year 23-24 24-25 23-24 24-25 23-24 24-25 23-24 24-25 Personal Licences 119 125 119 125 0 0 0 0 Page 31
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OFFICIAL NOT PROTECTIVELY MARKED Page | 6 OFFICIAL Monitoring Reviewing incidents on, or connected to, licensed premises is a key part of our day- to-day business. Community based Police Officers are encouraged and expected to routinely visit licensed premises within their area. Within the reporting period, there were 1043 inspections (visits) to licensed premises within Moray recorded on the Innkeeper system. This is an increase of 68 inspections from the previous reporting year. Any Police Officer who attends an incident at a licensed premises is expected to submit a concise report via the Innkeeper system, particularly when the incident involves violence, disorder, anti-social behaviour, drunkenness, drug misuse, underage drinking, breaches of licensing legislation or any other matter that might impact on public safety. Within the reporting period, there were 66 incidents connected to licensed premises within Moray recorded on the Innkeeper system. This is a decrease of fifteen incidents from the previous reporting year. The information obtained may show a causal link between the operation of the premises and the incident. An incremental intervention process allows for issues to be addressed quickly and effectively at an early stage. This includes a low level 'interaction' which may involve a discussion between the Police and the premises management and/or licence holder. The level of engagement from within the Moray licensed trade is very good and in many instances this approach reduces recurrence or escalation. You will note the decrease in the number of inspections of licensed premises carried out by Police Officers. This is in response to changing demands across the Division and is reflected in the decrease in recorded incidents within licensed premises. The allocation of our resources is intelligence led, and Officers will be directed to areas that best serve our community. Police Scotland is committed to monitoring licensed premises, and we will continue to work with the trade and other partners to provide a safe environment for the public. Premises may become 'monitored' with closer attention being paid to any incidents occurring there. This is often undertaken in conjunction with tasked, supportive visits to the premises by uniformed Police Officers. However, where necessary, the staged process allows for more formal intervention to support premises where the need for support has been identified. A premises licence holder and the premises management may be asked to meet with the Police when concerns will be discussed. This will often involve an agreed action plan being put in place, with a reasonable time scale for completion. The most common example of an agreed 'action' is refresher training of staff covering their responsibilities including the sale of alcohol to underage or intoxicated persons, 'Challenge 25' and the general terms and conditions of the licence held. Page 32
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OFFICIAL NOT PROTECTIVELY MARKED Page | 7 OFFICIAL Should the intervention stage not bring about the necessary changes, or be otherwise unsuccessful, the next stage is the submission of a premises licence review application for the consideration of the Licensing Board. Over the reporting period there were no premises in Moray that were subject to a period of monitoring or intervention. The team enjoys a strong working relationship with the Local Authority Licensing Standards Officers. Both teams meet on a regular basis to share information and regularly conduct joint visits to licensed premises, on both a pro-active and reactive basis. Partnership working between the Police, the Licensing Standards Officers and the premises licence holders and premises’ management teams allows us to resolve any issues and often prevents the necessity to bring matters to the attention of the Licensing Board by premises licence review application. In the reporting period there were no premises licence review applications or Closure Order applications submitted to the Board. The North East Division Licensing Team also has a system in place which monitors certain conduct of Personal Licence holders. Should such a licence holder be charged with any offence, this is brought to the attention of the team. Should the circumstances appear to be inconsistent with any of the five licensing objectives, consideration will be given to bringing this to the attention of the Board by way of a personal licence review. In addition, should an individual be convicted of a relevant offence, this will undergo the same scrutiny. We continue to support our frontline colleagues in relation to events, by pro-actively gathering intelligence through our active engagement with licensed premises and the subsequent sharing of information which enables operational resources to be targeted to priority areas. These events can include footballing operations at Borough Briggs and the MacMoray Festival. PREVENTING THE SALE OR SUPPLY OF ALCOHOL TO CHILDREN OR YOUNG PEOPLE Moray attracts a lower number of reports of underage drinking or youth congregation involving alcohol in comparison to other towns and cities across Scotland. Where a person under 18 years of age is found to be either under the influence of alcohol, drinking alcohol in a public place or in possession of alcohol, the Police Officer involved will take all appropriate steps to ascertain the source of the alcohol. Where information that cannot be fully evidenced is received regarding the sale of alcohol to children and young persons, in accordance with the national guidance contained within the 'Alcohol Toolkit', letters will be sent to licensed premises in the area reminding them of their responsibilities and requesting extra vigilance. Page 33
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OFFICIAL NOT PROTECTIVELY MARKED Page | 8 OFFICIAL If such concerns were to continue in respect of specific premises, then other operational strategies would be considered. There were no reported cases of adults buying alcohol for children within Moray during the reporting period. There were no reported cases of alcohol being purchased by a person under the age of 18 within Moray during the reporting period. In support to the Protection of Children from Harm licensing objective, applications for premises licences and variations to premises licences come under close scrutiny often resulting in the submission of letters of objection, or more commonly, of representation, in which the imposition of conditions in respect of on sales, with regard to the times and terms in which children can be on such premises, will be recommended by the Chief Constable. TACKLING SERIOUS AND ORGANISED CRIME Many of the processes and procedures involved in licensing applications are conducted to guard against Serious Organised Crime Groups (SOCG) infiltrating the licensed trade in any way. There are a number of these groups operating within Moray, of whom Police Scotland continually monitor, disrupt, and take enforcement action against. This scrutiny is further enhanced with the nation-wide Innkeeper system. This database contains details of all liquor and civic licences for every Division in Scotland and enhances our information sharing in respect of premises and people in the licensed trade as they move about the country and work in multiple venues. If such an SOCG were able to gain a foothold in licensed premises this would afford such groups with a seemingly legitimate income stream, which could be no more than a veneer for other criminal activities such as money laundering, tax evasion, drug and people trafficking and other dishonest activities. Many of the procedures currently carried out by the North East Divisional Licensing Team, particularly in relation to new premises licences and the transfer of premises licences are done to ensure complete financial transparency and to ensure there are no business related irregularities which may be indicative of SOCG involvement. Frequent and directed Police attendance and contact with licensed premises also increases the opportunity for irregularities to be identified or reported. As part of this, the North East Division Licensing Team regularly liaise with Police Interventions staff who are aware of SOCG activity within the Division to ensure that applicants are not affiliated in any way to such groups, before responding to the Licensing Board. The consistent high profile approach and interaction with licensed premises in direct correlation with the aforementioned close scrutiny in the application process should reinforce the work carried out to maintain this position. Page 34
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OFFICIAL NOT PROTECTIVELY MARKED Page | 9 OFFICIAL PROPOSED ACTIVITY FOR THE YEAR AHEAD Over the forthcoming year, North East Division Licensing Team, in conjunction with Community Policing Teams, will work alongside licensed premises, to ensure that these premises are adhering to the spirit of the legislation and operate in a manner that supports the five licensing objectives. We aspire to increasing our number of supportive visits to licensed premises and hope to see a continued reduction in the number of incidents taking place on licensed premises. We will continue to work closely with the Moray Council Licensing Team, for example, sharing information and joint premises inspections. We are also seeking to strengthen our existing relationships with the Security Industry Agency and our colleagues in the NHS. We will ensure our people have the skills and knowledge to enable them to target and reduce violent crime, disorder and anti-social behaviour and will work with our partners to develop and deliver a collaborative approach to prevent these issues. The Divisional Licensing Team will continue to work closely with our National Licensing Policy Unit to ensure the local delivery of policing services by ensuring a consistent approach is taken in tackling alcohol related violence, disorder and anti- social behaviour linked to licensed premises. It is intended that our involvement and participation in public safety campaigns will continue. We are actively encouraging premises to partake in our ‘Bystander’ training aimed at protecting vulnerable people. We aim to work closely with the licensed trade, seeking to improve licensing standards in premises by continuing the proactive approach adopted by the Divisional Licensing Team and maintaining a robust inspection policy throughout the Division to identify any potential shortcomings with appropriate reporting to the Licensing Board as required. By working with established partnerships but particularly with the licensed trade, we hope to continue to see a reduction in alcohol-related crime, particularly violence, whether perpetrated within licensed premises, public places or private spaces. To conclude we would like to thank you for your continued support, and we look forward to a successful 2025/2026. Page 35
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Report to: Moray Licensing Board Meeting Date: 4 February 2026 Report by: Clerk to the Board Author: Jennifer Smith Contact Email: licensing@moray.gov.uk Subject: Licensing (Scotland) Act 2005 – Premises Licence Review 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 4. BACKGROUND AND CONTEXT 4.1 On 22 July 2010 (paragraph 4 of the Minute refers) the Board delegated authority to the Clerk and their 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. 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 27 August Item 6. Page 37
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2025 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 of the Board. 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 21 January 2026. 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 (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. The powers available to the Board are set out in full at paragraph 6.3 below. 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 38
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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. The licensing objectives as set out in section 4 of the Act 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. 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 section 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 2025, 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. Page 39
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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, (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. Any suspension or revocation under (iii) and (iv) above shall have immediate effect. 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. In particular: Article 8 – access to private and sensitive information about the person could give rise to interference with the subject’s right to respect for private family life. Page 40
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Article 1 of Protocol 1 – the decision may also interfere with the right to 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; Enabling elderly people to live at home longer. Saving cost may be relevant but 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. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 None required. 8. BACKGROUND PAPERS 8.1 There are no background papers. Page 41
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