Agenda Document Pack - Licensing Board - 10/06/2026
Moray Council · 10 June 2026
Back to Licensing Board — 10 June 2026 and its agenda
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Licensing Board Wednesday, 10 June 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, 10 June 2026 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of the Licensing Board held 29 April 2026 5 - 8 4. Application List for Board 10 June 2026 9 - 20 5. Tesco 26-00747-PROLIC 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, 29 April 2026 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 IN ATTENDANCE Jennifer Smith, Depute Clerk to the Board; and Lindsey Robinson, Committee Services Officer, both Moray Council; and Sergeant John Webster; Police Scotland. 1. Chair Councillor Sonya Warren chaired the meeting. 2. Message of Thanks The Board joined the Chair in thanking Councillor James Allan for his years of work on the Licensing Board, following his recent resignation from the Board, adding that he had been a very committed and valued member of the Board. 3. 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. 4. Minute of the meeting held 4 February 2026 The minute of the Licensing Board meeting held 4 February 2026 was submitted and approved. 5. Minute of the special meeting held 19 March 2026 The minute of the Special Licensing Board meeting held 19 March 2026 was submitted and approved. 6. Scotmid 26-00134-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. She further added that a site visit had not be required. Item 3. Page 5
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The applicant's representative addressed the Board and responded to the questions asked, confirming that proof of age would be at the point of delivery. There were no questions for Police Scotland. Following consideration, the Chair moved to grant the variation and there being no one otherwise minded, the variation was granted. 7. Macbeths 26-00298-PRELIC The Legal Adviser introduced the application for a premises licence and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had been undertaken. The applicant addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Lawrence moved to grant the licence. This was seconded by Councillor Bloomfield. There being no one otherwise minded, the licence was granted. 8. Spar 26-00220-PROLIC The Legal Adviser introduced the application for a provisional premises licence and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had been undertaken. The applicant's representative addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Bloomfield moved to grant the provisional licence. This was seconded by Councillor Cameron. There being no one otherwise minded, the provisional licence was granted. 9. The Rocker 26-00239-PRELIC The Legal Adviser introduced the application for a premises licence and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had been undertaken. The applicant addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Bloomfield moved to grant the licence. This was seconded by Councillor Cameron. Page 6
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There being no one otherwise minded, the licence was granted. 10. Coleburn Distillery 26-00415-PRELIC The Legal Adviser introduced the application for a premises licence and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had been undertaken. The applicant addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Bloomfield moved to grant the licence. This was seconded by Councillor Lawrence. There being no one otherwise minded, the licence was granted. 11. Cardhu Distillery 26-00412-PREVMA The Legal Adviser introduced the application for a major variation and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had not been required. The applicant's representative addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Gordon moved to grant the variation. This was seconded by Councillor Bloomfield. There being no one otherwise minded, the variation was granted. 12. Cabrach Distillery 26-00239-PRELIC The Legal Adviser introduced the application for a premises licence and confirmed that all paperwork was in order and there were no objections or representations. She further added that a site visit had been undertaken. The applicant’s representative addressed the Board and responded to the questions asked. There were no questions for Police Scotland. Following consideration, Councillor Lawrence moved to grant the licence. This was seconded by Councillor Cameron. There being no one otherwise minded, the licence was granted. Page 7
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MORAY LICENSING BOARD MEETING, 10 June 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 1 | 1 Type Premises Applicant Date received Comments 26/00747/PROLIC Tesco 6-8 Isobel Gowdie Road Elgin Moray IV30 4FU PTLL Limited Tesco House Shire Park Kestral Way Welwyn Garden City AL7 1GA 21/04/2026 All Responses: TBC Paperwork: ✓ App Form ✓ Op Plan ✓ S50 from planning Site Visit: 3 June at 11:00 Application for: • Provisional licence for new Tesco at Isobel Gowdie Road Item 4. Page 9
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Key to Colour Coding of Applications within Appendices to the Agenda of Business for the Moray Licensing Board All matters are to be heard by the Moray Licensing Board and the Moray Licensing Board has the final decision. However, in accordance with Government Guidance and locally agreed procedure, applications may be submitted to the Board with a general recommendation. Please note that colour coding may be subject to change given the nature of the licensing procedure. Documents may be received and/or negotiations resolved following publication of the agenda. RED YELLOW GREEN Indicates that the application will normally require to be heard, whether by virtue of general procedural rules or as a result of problems arising. This should apply to all new premises/provisional licence applications. There may be ongoing negotiations to resolve problems. Indicates changing circumstances with the application. It is not ready to be granted at the time of publication but there are not normally major problems e.g. procedural issues or ongoing negotiations. Applications will normally be submitted with recommendation for grant or deferral. Indicates that all is in order with the application. All documents have been received and checked. All procedures have been followed. There are unlikely to be any representations, objections or problems or the same have been resolved. It is being submitted with a recommendation for grant but members are free to make enquiries as they see fit. Page 11
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Licensing (Scotland) Act 2005 Licensing Objectives Section 4 sets out the licensing objectives: “(1) For the purposes of this Act, the licensing objectives are— (a) preventing crime and disorder, (b) securing public safety, (c) preventing public nuisance, (d) protecting and improving public health, and (e) protecting children and young persons from harm.” Applications for a Premises Licence or Provisional Premises Licence Section 20 Application By section 20 any person (over 18) may apply to the appropriate Licensing Board for a premises licence in respect of any premises. An application under subsection must— (a)contain a description of the subject premises, and (b)be accompanied by— (i)an operating plan for the subject premises, (ii)a “layout plan” of the subject premises, and (iii)the certificates required by section 50(1). Notice of Application Notice of the application has been given to— (a) each person having a notifiable interest in neighbouring land i.e. neighbours within 4 metres of the boundary of the premises (b) the community council within whose area the premises are situated, (d) the chief constable, and (e) the fire service (f) the NHS Objections / Representations By section 22 any person may, by notice to the Licensing Board— (a) object to the application on any ground relevant to one of the grounds for refusal (detailed below) (b) make representations to the Board— (i) in support of the application, (ii) as to modifications which the person considers should be made to the operating plan accompanying the application, or (iii) as to conditions which the person considers should be imposed. Page 13
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A representation is not an objection to a licence being granted. It means the representer would like to see a changes or changes to the licence or conditions on the licence before it is granted. Where a Licensing Board receives a notice of objection or representation the Board must— (a) give a copy of the notice to the applicant, and (b) have regard to the objection or representation in determining the application, unless the Board rejects the notice as being frivolous or vexatious. Where a Licensing Board rejects a notice of objection or representation as frivolous or vexatious, the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice. Consideration and determination of a Premises Licence Application Section 23(4) states that: “(4) The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and— (a) if none of them applies, the Board must grant the application, or (b) if any of them applies, the Board must refuse the application.” Possible Courses of Action 1. Grant the licence as applied for; 2. Grant the licence with a condition(s) under s.27(6). Determine the licensing objective and how the situation can be improved and the exact terms of a condition. 3. Grant the licence with a modification to the operating plan under s.23(7) which states that “(7) Where the Licensing Board considers that— (a) they would refuse the application as made, but (b) if a modification proposed by them were made to the operating plan for the subject premises accompanying the application, they would be able to grant the application, the Board must, if the applicant accepts the proposed modification, grant the application as modified.” 4. Refuse - In section 23(5) of Act: (5) The grounds for refusal are— (a) that the subject premises are excluded premises, (b) that the application must be refused under section 25(2) (licence refused within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3) (off sale hours outside 10am to 10pm), Page 14
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(ba) that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person to be the holder of the premises licence, (c) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, (d) that, having regard to— (i) the nature of the activities proposed to be carried on in the subject premises, (ii) the location, character and condition of the premises, and (iii) the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol, (e) that, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises, in the locality. 5. Defer – if for example the Board wanted to arrange a further site visit. Consequences of Refusal Section 25 says that where a Licensing Board has refused a premises licence application the Board must refuse any subsequent premises licence application in respect of the same premises before the expiry of the period of one year beginning with the date of the earlier refusal UNLESS at the time of the earlier refusal the Board directed that this provision would not apply or the Board is satisfied that there has been a material change of circumstances. Applications to Vary a Licence Section 29 Application By section 29(1) a premises licence holder may apply to the appropriate licensing Board for a variation of the licence. Such an application must be accompanied by (a) the premises licence to which the application relates, or (b) if that is not practicable, a statement of the reasons for failure to produce the licence. Meaning of Variation Section 29(5) defines a variation as meaning any variation (which includes addition deletion or other modification) of: (a) any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1) which are Schedule 3 mandatory conditions and cannot be changed); Page 15
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(b) any of the information contained in the operating plan contained in the licence; (c) the layout plan contained in the licence; or (d) any other information contained or referred to in the licence. Generally a variation that involves a change to the information contained within the operating plan is not a minor variation and it requires to be determined by the Licensing Board. Any variation that involves: (i) a change to the layout plan that does not affect the operating plan (ii) a restriction on the access for children/young persons (iii) a change of premises manager (iv) reduction in the alcohol display area or capacity (v) reduction in the core hours can be considered to be a minor variation which must be granted and so is dealt with under delegated powers. Notice of Application Notice of the application has been given to— (a) each person having a notifiable interest in neighbouring land i.e. neighbours within 4 metres of the boundary of the premises (b) the community council within whose area the premises are situated, (d) the chief constable, and (e) the fire service (f) the NHS Section 22 applies the same as it does to a premises licence application and so any person may, by notice to the Licensing Board object to the application on any ground relevant to one of the grounds for refusal or make representations to the Board concerning the application. Determination of the Variation Application Section 30(3) provides that the Licensing Board must hold a hearing for the purpose of considering and determining the application. The Board must consider whether any of the grounds for refusal applies and: (a) if none of them applies, the Board must grant the application; (b) if any of them applies, the Board must refuse the application; Section 30(5) provides that the grounds for refusal are: (a) that the application must be refused under section 32(2) (licence refused within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3) (off sale hours outside 10am to 10pm); Page 16
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(b) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives; (c) that, having regard to the nature of the activities carried on or proposed to be carried on in the subject premises, the location, character and condition of the premises, and the persons likely to frequent the premises, the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation; (d) that the Board considers that if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of the same or similar description as the subject premises (taking account of the variation), in the locality. Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject. Where the Licensing Board refuses the application the Board must specify the ground for refusal, and where relevant the Board must specify the licensing objective or objectives in question. Subsequent Applications Following Refusal Section 32 says that where a Licensing Board has refused a premises licence variation application the Board must refuse any subsequent premises licence variation application in respect of the same premises licence, and seeking the same variation made before the expiry of the period of one year beginning with the date of the earlier refusal UNLESS at the time of the earlier refusal the Board directed that this provision would not apply or the Board is satisfied that there has been a material change of circumstances. Applications for a Temporary Premises Licence The Licensing (Scotland) Act 2005 (“the Act”) makes provision for premises licence holders to apply for a licence in respect of temporary premises where the licensed premises are to undergo reconstruction or conversion. Such provision enables premises licence holders to carry on business pending the reconstruction or conversion of the principal premises. Section 47 of the Act applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (“the principal premises”). Under Section 47(2), a premises licence holder may apply to the Board for a premises licence in respect of such other premises within the Board’s area as are specified in the application (“temporary premises”) Page 17
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Granting the Application The Board may grant a premises licence in respect of the temporary premises where its satisfied that:- (a) the temporary premises are suitable for use for the sale of alcohol, and (b) that it is necessary to grant the licence to enable the applicant to carry on business pending construction or conversion of the principal premises. If granted, a temporary premises licence is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Board considers appropriate. Granting the Application with Conditions Where the Board is not minded to grant the application, it should first move to consider whether the application should be granted with additional conditions. The Board can impose such conditions as it considers necessary or expedient for the purposes of any of the licensing objectives. Such conditions can require anything to be done, or prohibiting or restricting the doing of anything, in connection with (a) the sale of alcohol on the premises, or (b) any other activity carried on in such premises. For example, a restriction to the hours of operation. Where the Board chooses to impose such conditions, the conditions cannot be inconsistent with, or have the effect of making more onerous or more restrictive, any condition in terms of the Act or prescribed by Regulations, or relate to a matter (such as planning, building control or food hygiene) which is regulated under another enactment. Any condition must be specific and must be within the licence holder’s power to do. Considerations to which the Board must have regard When considering an application for a temporary premises licence the Board must have regard to the licensing objectives as well as any and all additional information made available at the hearing or in writing and the European Convention on Human Rights and Human Rights Act 1998. Licensing Objectives The five licensing objectives are:- • Preventing crime and disorder, • Securing public safety, • Preventing public nuisance, • Protecting and improving public health, and • Protecting children and young persons from harm. Page 18
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Equalities/Socio Economic Impact In considering the matter the Board should have regard to the subject’s rights under the European Convention on Human Rights (and the Human Rights Act 1998). In particular – Article 8 – access to private and sensitive information about the subject could give rise to interference with the subject’s right to respect for private and family life. Article 1 of Protocol 1 – the decision may also interfere with the right or property, in that, depending on the outcome, the decision may deprive the subject of income. Article 6 – the right to a fair trial means the proceedings must be conducted fairly to arrive at a reasoned decision. Article 8 and Article 1 of Protocol 1 are qualified rights, meaning these can be restricted in order to protect the rights of another or the wider public interest. This will require an objective justification. To be able to objectively justify a decision, the Board has to demonstrate that any decision is a proportionate means to achieve a legitimate aim. A legitimate aim must be a real consideration that is legal and not discriminatory. Examples of legitimate aims include: Public health; Public safety; Efficiency; Saving cost may be relevant but it is not an aim in itself. Any measure taken to achieve the legitimate aim must also be proportionate i.e. necessary and the least intrusive/discriminatory way of achieving the aim. Lastly, when any of the Articles are engaged, it will also mean Article 14 should be considered. That is the right not to be discriminated against in relation to convention rights. The definition of discrimination under this Article covers a much wider spectrum than the protected characteristics under the Equality Act 2010. The Board should have regard to all the subject’s circumstances. Page 19
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