Agenda Document Pack - Licensing Board - 29/04/2026
Moray Council · 29 April 2026
Back to Licensing Board — 29 April 2026 and its agenda
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Licensing Board Wednesday, 29 April 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, 29 April 2026 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minutes 3a. Minute of the meeting held 4 February 2026 5 - 10 3b. Minute of the special meeting held 19 March 2026 11 - 12 4. Application List for Board - April 2026 13 - 26 4a. Scotmid 26-00134-PREVMA 4b. Macbeths 26-00298-PRELIC 4c. Spar 26-00220-PROLIC 4d. The Rocker 26-00239-PRELIC 4e. Coleburn Distillery 26-00415-PRELIC 4f. Cardhu Distillery 26-00412-PREVMA 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 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, 04 February 2026 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 Adviser; Emma Rapley, Licensing Standards Officer; Lindsey Robinson, Committee Services Officer, all Moray Council; Sergeant John Webster; and PC Kevin Skivington, Police Scotland. 1. Chair Councillor Sonya Warren 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. Minute of the licensing board held 12 November 2025 The minute of the Licensing Board meeting held 12 November 2025 was submitted and approved. 4. Minute of the Special Licensing Board held 17 December 2025 The minute of the Special Licensing Board meeting held 17 December 2025 was submitted and approved. 5. Cafe 1496 -25-02056-PREVMA The Legal Adviser introduced the application 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. Item 3a. Page 5
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The applicant addressed the Board and responded to the questions asked. During consideration, Councillor Lawrence moved to grant the variation. This was seconded by Councillor Bloomfield. There being no one otherwise minded, the variation was granted. 6. Nisa Dufftown -26-00037-PRETHA The Legal Adviser introduced the application as a major variation with a transfer of licence holder and confirmed that all paperwork was in order. There were no objections or representations. 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. During consideration, Councillor Bloomfield moved to grant the variation. This was seconded by Councillor Warren. There being no one otherwise minded, the variation was granted. 7. Ballindalloch Castle - 25-02194-PRELIC The Legal Adviser introduced the application as a new premises licence and confirmed that all paperwork was in order and there were no objections or representations. She added that the Board had the option to defer this application to the next meeting on 29 April 2026 if they were so minded. 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 Bloomfield moved to grant the licence. This was seconded by Councillor Warren. There being no one otherwise minded, the premises licence was granted. 8. Annual Chief Constable Report Under Section 12A The meeting had before it a report by the Clerk to the Board asking the Board to consider the Chief Constable's report for 2024-2025. The Chief Constable has a legal responsibility to report certain matters to the Licensing Board on an annual basis. Sergeant Webster advised that some of the Officers named within the report have now changed. Superintendent Jason Carrigan and Sergeant John Webster have replaced Inspector Simon Reid and Sergeant Neil Grant. Item 3a. Page 6
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During consideration Councillor Warren sought clarification on whether there were any specific actions for the Board to adopt from the report or, in the opinion of Police Scotland, were the Board getting it right. In response Sergeant Webster advised that he was of the opinion that the Board was getting it right through the work with the Licensing Standards Officers and the education of traders. Councillor Warren sought further clarification on whether there were any specific areas of Moray were being targeted or was it proportionate across the county. Sergeant Webster confirmed that most work is conducted in Elgin as it has the highest number of licenced premises and it is where most of the Officers are based, but work is carried out across Moray. Thereafter the Board unanimously agreed to note the contents of the Chief Constable's report provided at Appendix 1. 9. Premises Licence Review Non-Payment of Fees The meeting had before it a report by the Clerk to the Board asking 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. During consideration, Councillor Bloomfield sought clarification on whether both of the premises had ignored all attempts to contact them. In response, the Legal Adviser confirmed that both premises had been sent the initial invoice on 27 August for payment by 1 October, a reminder for the invoice and a further letter requesting payment. She further confirmed that the Licensing Standards Officer had also been trying to contact the licence holders. Councillor Bloomfield was of the opinion that in all the circumstances they were not fit and proper people to hold a licence and moved that the licences should be revoked. Councillor Cameron sought clarification on whether there had been any contact at all with either premise. In response, the Licensing Standards Officer advised that there had been no contact from the Caberfeidh. The licence holder from the Eastbank Hotel had been in touch to advise that they would not be attending the meeting or paying the fee. Following the clarification, Councillor Cameron seconded Councillor Bloomfield. Councillor Lawrence sought clarification on whether the two premises should be looked individually or as a pair. The Chair confirmed that they need to be addressed one at a time. Item 3a. Page 7
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Thereafter, Councillor Bloomfield renewed his original motion by moving that the licence holder for the Eastbank Hotel was not a fit and proper person to hold a licence and that the licence should be revoked. This was seconded by Councillor Cameron. Councillor Bloomfield then renewed his original motion in relation to the licence holder for the Caberfeidh to state that the licence holder was not a fit and proper person to hold a licence and that the licence should be revoked. Councillor Williams sought clarification on whether the Board was looking to revoke the licence because they were not a fit and proper person and not because they failed to meet a specific licensing condition. The Legal Adviser confirmed that the Board could have more than one reason for revocation. During further consideration, Councillor Lawrence was of the opinion that the licence for the Caberfeidh should be revoked as the payment of fees is a mandatory condition of the licence and that had been breached. He did not move this as an amendment. Councillor Cameron seconded Councillor Bloomfield. The Chair sought clarification from Councillor Bloomfield as to whether his motion remained that the licence holder was not a fit and proper person or if he was going to amend it to add in the reason of breach of a mandatory condition of the licence for non-payment of fees. In response, Councillor Bloomfield advised that he was keeping the wording in his original motion. Councillor Gordon sought clarification on the link between the licensing objectives and non-payment of fees. The Legal Adviser confirmed that as per the report when considering if a licence holder is a fit and proper person, the licensing objectives should be taken into consideration as the test is having regard to the licensing objectives the licence holder is not a fit and proper person to be the holder of a premises licence. The Legal Adviser confirmed again there could be more than one ground for review established. Lastly the Legal Adviser confirmed the statement in the report which said that depriving the Board of fees deprives the Board of the ability to promote the licensing objectives so all objectives could be relevant. Councillor Williams, seconded by Councillor Lawrence proposed an amendment that the licence conditions had been breached through non-payment of the fees, and this should be the established ground for review. Councillor Bloomfield then advised that he would change his motion to agree the ground stated by Councillors Williams and Lawrence and accordingly the amendment fell. Councillor Cameron advised that he was happy with the wording for the Caberfeidh however, on reflection, he was not happy with the wording in the revocation of the Item 3a. Page 8
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licence for the Eastbank Hotel. He proposed, seconded by Councillor Lawrence that the ground for that should be that they are not a fit and proper person to hold a license by reason of their refusal to pay and what that meant for all of the licensing objectives. The Chair asked the Clerk to confirm the wording for both cases and to check that everyone was happy with the proposed changes. Councillor Williams was of the opinion that saying the licence holder was not a fit and proper person to hold a licence was not the correct reason to use but he would not move an amendment for this. There being no one otherwise minded, the Board agreed: i. in relation to the Caberfeidh the ground for review being established that the licence holder having breached a condition of the licence through non- payment of the annual fee then the Board found it appropriate to revoke the premises licence; and ii. in relation to the Eastbank Hotel the grounds for review being established both in terms of the licence holder no longer being a fit and proper person to be the holder of a premises licence having regard to all the licensing objectives and by their deliberate refusals to pay the annual fee then the Board had no alternative but to revoke the premises licence. Item 3a. Page 9
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Item 3a. Page 10
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MORAY COUNCIL Minute of Special Meeting of the Licensing Board Thursday, 19 March 2026 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 Adviser; Emma Rapley, Licensing Standards Officer; Lindsey Robinson, Committee Services Officer, all Moray Council; Sergeant John Webster and PC Kevin Skivington, both 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. Arrangements for the FIFA World Cup 2026 The meeting had before it a report by the Clerk to the Board inviting the Board to consider opening hours for licenced premises during which the FIFA World Cup is played and televised during the period 11 June 2026 to 19 July 2026. During consideration, Councillor Warren moved that the Board should grant a general extension to opening hours for all FIFA World Cup games in accordance with the proposal attached at Appendix 2 to the report. This was seconded by Councillor Lawrence. There being no one otherwise minded, the Board unanimously agreed to: i. grant a general extension to licensing hours during the period of the FIFA World Cup; ii. note the views expressed by licence holders who responded to an informal consultation on a proposal of a general extension and guidance as set out in Appendix 2; and Item 3b. Page 11
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iii. instruct the Clerk to the Board to advertise details of the same on the Council's website and give appropriate notices to the Chief Constable and all licence holders by means of a newsletter to be issued after the Board meeting. Item 3b. Page 12
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MORAY LICENSING BOARD MEETING, 29 April 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 1 | 4 Type Premises Applicant Date received Comments 26/00134/PREVMA Scotmid 103-105 Milton Drive Buckie Moray AB56 1NZ Scottish Midland Co-operative Society Ltd 23.01.2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Site Visit: Not required Application for: • To add the home delivery of groceries, including alchohol. • Recorded music to be played at all times, including outwith core hours. 26/00298/PRELIC Macbeths 11 Tolbooth Street Forres Moray IV36 1PH Fiona Gibson Cantray Estates T/A Macbeths. 19.02.2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Site Visit: 22 April 2026 Application for: Item 4. Page 13
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MORAY LICENSING BOARD MEETING, 29 April 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 2 | 4 Type Premises Applicant Date received Comments • To offer wine and beer/ale to complement their meat products. • All alcohol sales are for off-site consumption only. (there will be no onsite tastings) 26/00220/PROLIC Spar 80 Queen Street Lossiemouth Moray IV31 6PY SRJ Convience Limited 234 Stockton Road Hartlepool TS25 5DE 06.02.2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Site Visit: 22 April @ 12:40 Application for: • Provisional Licence for grocery store to be opened in Lossiemouth 26/00239/PRELIC The Rocker Rock House Hotel Clifton Road Lossiemouth Nicola McKimmie 2 Ardconnon Avenue Oldmeldrum Aberdeenshire 10.02.2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Item 4. Page 14
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MORAY LICENSING BOARD MEETING, 29 April 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 3 | 4 Type Premises Applicant Date received Comments Moray IV31 6DP AB51 0PF Site Visit: 22 April @ 13:20 Application for: • Hotel offering alcohol ON sales only 26/00415/PRELIC Coleburn Distillery Longmorn Elgin Moray IV30 8SN D & M Winchester Ltd Coleburn Distillery Longmorn Elgin Moray IV30 8SN 06.03.2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Site Visit: 22 April 2026 Application for: Off sales from the small office area in the distillery Mon to Thurs 26/00412/PREVMA Cardhu Distillery Diageo Scotland Ltd 11 Lochside Place Edingburgh EH12 9HA All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan Site Visit: not required Item 4. Page 15
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MORAY LICENSING BOARD MEETING, 29 April 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 4 | 4 Type Premises Applicant Date received Comments Application for: To include in licence Dance facilities, gaming, indoor outdoor sports Charity events,Comedy events various events as noted in application form. Various inclusions as described in full in the application form • An increase in off sales capacity to 81.174m³ Item 4. Page 16
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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 17
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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 19
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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), Item 4. Page 20
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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); Item 4. Page 21
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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); Item 4. Page 22
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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”) Item 4. Page 23
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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. Item 4. Page 24
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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. Item 4. Page 25
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Item 4. Page 26