Agenda Document Pack - Licensing Board - 02/09/2026
Moray Council · 2 September 2026
Back to Licensing Board — 2 September 2026 and its agenda
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Licensing Board Wednesday, 02 September 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, 02 September 2026 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of the meeting of the licensing board held 10 June 2026 5 - 6 4. Application List for Board 2 September 2026 7 - 22 4a. Elgin Premier Inn - 26-01601-PREVMA 4b. Coleburn Distillery - 26-01305-PREVMA 4c. Portknockie Bowling and Tennis Club - 26-01307-PREVMA 4d. Spynie Store and Post Office - 26-01310-PREVMA 4e. Teddys Restaurant - 26-01428-PROLIC Page 1
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4f. Application for a Premises Licence - 26-00734-PRELIC 5. Annual Functions Report Report by Clerk to the Board 23 - 36 6. Annual Review of Licensing Income v Expenditure 2025- 2026 Report by Clerk to the Board 37 - 48 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, 10 June 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 APOLOGIES Councillor Ben Williams IN ATTENDANCE Jennifer Smith, Depute Clerk to the Board; and Lindsey Robinson, Committee Services Officer, both Moray Council, and PC Kevin Skivington, Police Scotland. 1. Chair Councillor Peter Bloomfield chaired the meeting. 2. Declaration of Member's Interests In terms of Standing 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 29 April 2026 The minute of the meeting held 29 April 2026 was submitted and approved. 4. Tesco 26-00747-PROLIC The Depute Clerk to the Board 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 Cameron moved to grant the provisional licence. This was seconded by Councillor Bloomfield. There being no one otherwise minded, the provisional licence was granted. Item 3. Page 5
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MORAY LICENSING BOARD MEETING, 2 September 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments 26/01061/PREVMA Elgin Premier Inn 15 Linkwood Way Elgin Moray IV30 1HY Whitbread Group PLC Whitbread Court Houghton Hall Business Park Porz Avenue Dunstable Bedfordshire LU5 5XE 05/06/2026 All Response: Yes – working with Building Standards Paperwork: ✓ App Form ✓ Op Plan Site Visit: Thursday, 27 August 2026 Application for: • Proposed new layout plan, increased on sales terminal hour (Sun – Thurs) and updated capcities Reason for colour coding: Working with Building Standards to obtain a Building Warrant for the works required. Building Standards can not comment nor support until a full warrant application is in process. Item 4. Page 7
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MORAY LICENSING BOARD MEETING, 2 September 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments 26/01305/PREVMA Coleburn Distillery Longmorn Elgin Moray IV30 8SN D & M Winchester Ltd Coleburn Distillery Longmorn Elgin Moray IV30 8SN 09/07/2026 All Responses: Yes Paperwork: ✓ App Form ✓ Op Plan Site Visit: N/A Application for: To increase OFF sales to 10 to 22 all days. Reason for colour coding: All responses are satisfactory and documents are in 26/01307/PREVMA Portknockie Bowling And Tennis Club Seafield Terrace Portknockie Buckie AB56 4NA John Gavin 20 Park Street Portknockie Buckie Moray AB56 4LT 09/07/2026 All Responses: Yes Paperwork: ✓ App Form ✓ Op Plan Site Visit: Thursday, 27 August 2026 Application for: Change layout and operating plan. Adding additional activities and to Page 8
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MORAY LICENSING BOARD MEETING, 2 September 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments incready ON sales to midnight Fri – Sun Reason for colour coding: All responses are satisfactory and documents are in 26/01310/PREVMA Spynie Store and Post Office 27 Morriston Road Bishopmill Elgin IV30 4EB SRJ Convenience Ltd 234 Stockton Road Hartlepool TS25 5DE 09/07/2026 All Responses: Yes Paperwork: ✓ App Form ✓ Op Plan Site Visit: N/A Application for: Increase OFF Sales capacity to 9.297m3 and new DPM Reason for colour coding: All responses are satisfactory and documents are in 26/01428/PROLIC Teddys Restaurant 108 High Street Elgin IV30 1BW Gordon Brailsford 108 High Street Elgin IV30 1BW 29/07/2026 All Responses: Consultation ends 26.08.2026 Paperwork: ✓ App Form ✓ Op Plan Page 9
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MORAY LICENSING BOARD MEETING, 2 September 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments ✓ Disablity Access Statement ✓ Layout Plan Site Visit: Thursday, 27 August 2026 Application for: New Premises – on and off sales New Premises - On and Off sales Reason for colour coding: New premises, consutation ends 26/08, currently all satisfactory 26/00734/PRELIC Name TBC 10 Balvenie Street Dufftown Keith Moray AB55 4AB Rosamund 17 Macduff Place Dufftown Keith Moray AB55 4AA 20/04/2026 All Responses: Yes Paperwork: ✓ App Form ✓ Op Plan ✓ S50 from Planning, Building Standards and Environmental Health Site Visit: Thursday, 27 August 2026 Application for: Page 10
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MORAY LICENSING BOARD MEETING, 2 September 2026 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments • New French Bistro/Café. On sales only. Note: Still waiting for confirmation of business name Reason for colour coding: New premises, all section 50’s received and satisfactory responses Representation received – report at 4f on the meeting agenda for consideration. Page 11
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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 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. 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: 2 September 2026 Report by: Clerk to the Board Author: Jennifer Smith Contact Email: licensing@moray.gov.uk Subject: Licensing (Scotland) Act 2005 – Annual Functions Report 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to seek approval to publish the final Annual Functions Report which incorporates a report from the Licensing Standards Officer. 2. SUMMARY 2.1 This Licensing Board is required to prepare and publish an annual report, within 3 months after the end of each financial year on the following:- • A statement as to how the Board has had regard to the licensing objectives and their statement of policy in exercising functions under the Act; • A summary of the decisions made; • Information about the number of licences held including the number of occasional licences issued; and • Such other information as the Board considers appropriate. 3. RECOMMENDATIONS 3.1 It is recommended that the Board: i) Note the draft Annual Functions Report at Appendix 1, amend the same if the Board considers appropriate and agree the final report; and ii) Instruct the Clerk to the Board to publish the agreed final report on the Board’s webpages. Jennifer Smith Solicitor 4. BACKGROUND AND CONTEXT Item 5. Page 23
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4.1 The Air Weapons and Licensing (Scotland) Act 2015 amended the Licensing (Scotland) Act 2005 (“the Act”) so as to require each Licensing Board to prepare and publish an annual report, within 3 months after the end of each financial year, on the following:- • A statement as to how the Board has had regard to the licensing objectives and their statement of policy in exercising functions under the Act; • A summary of the decisions made; • Information about the number of licences held including the number of occasional licences issued; and • Such other information as the Board considers appropriate. 4.2 Due to competing priorities the legislative timeframe has not been met and this report is being presented to the Board at the earliest opportunity. 5. PROPOSALS 5.1 Following the introduction of the requirement to produce an annual functions report in 2018, the Board is invited to consider the draft report which has been produced for approval and is attached at Appendix 1 and thereafter agree to publish the final Annual Functions Report. 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. Page 24
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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 Section 56 of The Air Weapons and Licensing (Scotland) Act 2015 amended the Act so as to require each Licensing Board to prepare and publish an annual report, within 3 months after the end of each financial year, on the following:- • A statement as to how the Board has had regard to the licensing objectives and their statement of policy in exercising functions under the Act; • A summary of the decisions made; • Information about the number of licences held including the number of occasional licenses issued; and Such other information as the Board considers appropriate. 6.4 Financial None arising from this report. 6.5 Risk None arising from this report. It is a legal requirement to publish the report. There is no stated action for failure to do so therefore any failure would be open to challenge by judicial review. 6.6 Staffing Preparation of statistics involves considerable staff time and they are required annually but statistics are also useful for other purposes e.g. the annual return to the Scottish Government. No additional resources are required. 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 Does the proposal have the potential to affect people from Yes Maybe No Page 25
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the below categories differently to the wider Moray population: Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ☐ ☐ ☐ ☐ ✓ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected In considering individual decisions the Board should have regard to issues of equality and the subject’s (licence holder’s) rights under the European Convention on Human Rights (and the Human Rights Act 1998). It is not considered necessary to undertake an equalities and human rights impact assessment in connection with this report. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 None arising from this report. 8. BACKGROUND PAPERS 8.1 There are no background papers. Page 26
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1 Moray Licensing Board Annual Functions Report 1 April 2025 - 31 March 2026 in accordance with the Licensing (Scotland) Act 2005 (as amended by the Air Weapons and Licensing (Scotland) Act 2015) Contents About Moray .......................................................................................................................................... 2 Introduction ............................................................................................................................................ 3 The Licensing Objectives ................................................................................................................ 4 Annual Functions Report ................................................................................................................. 4 Decisions of the Board .................................................................................................................... 5 Local Licensing Forum .................................................................................................................... 6 Page 28
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2 About Moray With a population of around 95,400, Moray nestles between the rugged and spectacular Highlands and the flat, fertile farmlands of the north-east and although it belongs to neither, it shares the best elements of both – from the snow-capped peaks of the Cairngorms to the unspoiled coastline of the Moray Firth. Local industry is as diverse as the landscape in which it is located and makes a major contribution to the area’s buoyant economy. Moray is the heartland of the Scottish whisky industry and is home to more than 45 distilleries whose brands are savoured in just about every corner of the world. Whatever country you’re in, you’ll find a bottle of Speyside Malt for sale. In the spirit of celebration, music plays a vital role in the Moray community. There are major music festivals every year, including MacMoray, the traditional Speyfest and the Spirit of Speyside, the latter linked to the whisky industry. Venues for the performing arts thrive in the area, and each town sustains a lively artistic culture. Two thriving arts and performance centres exist in Findhorn alone. Traditional industries - farming, fishing and forestry - play an important part in the area’s culture whilst underpinning the economy. In addition, two internationally renowned food producers, Baxters of Speyside and Walkers of Aberlour, have put Moray firmly on the international map. The area’s biggest town and administrative capital is Elgin, which is also Moray’s principal shopping centre. Many leading national retailers are represented alongside long-established local outlets. Other main towns include Forres, well known for its successes in national floral competitions; Buckie, with its fishing and commercial harbour; and Keith, built on a once- thriving textiles industry. Page 29
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3
Introduction
Moray Licensing Board ("the Board") is the licensing authority for the purposes of alcohol and
gambling in Moray.
The current Board was formed in May 2022 and comprises of seven members who are
elected members of Moray Council. Current membership of the Board can be viewed here:
http://www.moray.gov.uk/moray_standard/page_67620.html
These members form part of an independent Board which is responsible for considering
applications and objections in relation to regulating the sale of alcohol and for regulating
licensed premises and other premises on which alcohol is sold in accordance with the
Licensing (Scotland) Act 2005 (“the Act”) as amended.
Under the Act, the Board are responsible for considering applications for:-
1.1 Provisional premises licences including confirmations.
1.2 Premises licences including transfers and variations.
1.3 Reviews of licences.
1.4 Temporary licences.
1.5 Occasional licences and extended hours.
1.6 Personal licences including training updates and renewal of personal licences.
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4 The Licensing Objectives Section 4 of the Act sets out the following five licensing objectives; (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. The licensing objectives are central to the licensing system and provide a basis for the administration of the licensing regime. The licensing objectives can also provide the basis for refusing an application for the grant of a premises or occasional licence. The breach of the objectives may form a competent ground for the review of a premises licence and the objectives can also provide a basis for the attachment of conditions to a premises or occasional licence. In exercising its functions under the Act, the Board is required to have regard to the licensing objectives. Annual Functions Report From 1 April 2025 to 31 March 2026, the Board met on an approximate eight week cycle on the following dates: (a) 30 April 2025 (b) 18 June 2025 (c) 3 September 2025 (d) 12 November 2025 (e) 4 February 2026 Meetings were held by a mixture of in person and remote connection which worked well and facilitated the easy attendance of all parties, including those from outside Moray. Going forward meetings are being offered on the same hybrid basis and so this facility will remain available to licence applicants. Meetings are webcast so are available for the public to watch either live or after the event. Applications before the Board were dealt with in an open and transparent manner in accordance with licensing legislation and the Board’s policy. A copy of the Board’s statement of licensing policy, incorporating hearing procedures, can be found at this link: Licensing Board Statement of Policy for the Licensing (Scotland) Act 2005 Information and assistance is always available to persons wishing to apply for a licence or respond to an application. The Board has published guidance documents and licensing staff are on hand to answer queries. Board meetings are as informal as possible whilst maintaining a fair and transparent process. The majority of applicants before the Board are willing and able to represent themselves. Page 31
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5 Decisions of the Board Each application received by the Board is considered on its individual merits. All licence applications that are received must be weighed-up in accordance with the Act and in particular in cognisance of the licensing objectives. The Board must also consider the licence application in line with the Board’s policy statement. Attached to this report at Appendix 1 are details of application numbers and decisions made by the Board. The majority of applications are dealt with by way of delegated authority to a sub group of the Board or officers appointed to assist the Board. The sub group or officers can only grant such a licence where the application is not contrary to the Licensing Policy and no objections have been received. A copy of the Board’s scheme of delegation can be found here: file54163.pdf. In considering the applications, the Board considered a number of different sources of information to enable them to reach decisions. These sources include applicants themselves, council services (including planning, building standards and environmental health), reports from Community Councils, local residents, the Local Licensing Forum (LLF*), the Licensing Standards Officer (LSO), Police Scotland, SFRS and the NHS. Tourism and Industry continue to play an important role in parts of Moray. Moray Council has set out a number of community planning priorities including healthier citizens, a growing and diverse economy and safer communities. Licensing plays an important role in all of these and decisions of the Board also have regard to these community planning priorities. Licence Applications During the course of the year, the Board processed applications for 558 occasional licences. NB. It should be noted that through the SOLAR national group of licensing lawyers, officers are contributing to on ongoing review of occasional licences initiated by the Scottish Government. No recommendations on changes to the occasional licence system have yet resulted from this group. The Board also considered and granted 70 premises related licence applications. The overall number of premises licences has increased from last year’s total to 355. The Board granted 114 personal licence related applications. Premises Licence Reviews During the period there were some premises licence reviews for non payment of fees withdrawn after payment was made. Two licences were suspended or revoked in the period. Revocation of Licences During the course of the year, the Board considered a Personal Licence. One Personal Licence was revoked in the period. Statement of Policy / Policy Matters A review of the Board’s statement of policy took place in a previous period and the policy is published on the Board’s pages of the Council website. The Board recognises that licensing hours are an important part of how licensed premises function and must continually balance the impact on the wider area against the benefits to the local economy. The Board’s approach to hours has been generally permissive, although applications tend to remain within the hours set out in the policy. Page 32
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6 The Board also has an ongoing policy (published separately) of permitting specific hours over the Christmas / New Year festive period by way of a general extension. This allows all premises to open if they choose to do so. This kind of regulation allows businesses to promote themselves and benefit from increased trade. The Board has had no complaints in respect of operating hours and, in general, licensed premises appear satisfied with the hours available. Licensing continues to play a key role for investment, employment and tourism. *where applicable see separate section on LLF Local Licensing Forum The Moray Local Licensing Forum (LLF) should form an integral part of the licensing regime in Moray. LLF membership should include the LSO, Police Scotland, representatives of the NHS, representatives of the District Licensed Trade Association and representatives of Elgin Community Council. The Forum last met on the 24 May 2019 after which the Moray Alcohol and Drug Partnership was no longer able to Chair and drive the group. It is hoped the LLF can be revived and will be able to soon meet again with the Board once a year to provide valuable feedback to the Board on the community’s opinion on alcohol licensing issues. The LSO is persisting in efforts to gain support for an involvement with the LLF. A meeting will be arranged if and when possible and in the meantime consultations are more public and wide in nature to reflect the notional membership requirements. Gambling The requirement for a functions report relates to the alcohol licensing legislation. For completeness in terms of the Board’s remit, the report also covers gambling although there is little activity in terms of gambling. The number of gambling premises are generally reducing owing to the prevalence of online gambling. One application has been granted in the period for a gambling betting shop licence on the High Street in Elgin. However most activity is in relation to monitoring of gaming machines in alcohol licensed premises. Licensing Standards There are two full time LSOs within the licensing service that follow the division between the Board and Licensing Committee. One LSO is primarily responsible for liquor licensing and gambling and one is primarily responsible for all civic type licences. Given the number of short term let (STL) licences, which is a civic type, the LSOs share responsibilities for STLs. The LSOs offer guidance and advice to licence holders and communities to supervise the compliance of the requirements of legislation by the licence holders. The LSOs also act as an intermediary between licence holders and the general public helping to avoid and resolve any disputes or disagreements. LSOs build a rapport with the local trade and members of the public as a consistent point of contact. This ensures there is a cohesive working partnership between all persons interested in the operation of the legislation. There is a separate report from the LSO for liquor and gambling included below regarding activities that have taken place during the period in question. Licensing Standard Officer’s Report The Liquor LSO has held the role since February 2019. The role of the LSO is to provide guidance and information regarding the Licensing (Scotland) Act 2005, to ensure compliance with the Act in terms of the licence and to provide mediation to resolve disputes. Page 33
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7 The role of the LSO is as diverse as the licensed premises in Moray. Over the last financial year the LSO has been involved in resolving complaints regarding premises running irresponsible drinks promotions, as well as conducting joint enquiries with Police Scotland for premises who have been subject of repeated incidents of note which have then caused them to be monitored premises. The LSO has been involved in the preparatory work and notifications for the World Cup extension which was granted by the Board. The LSO liaised with all premises licence holders, gathering local opinion and feedback from the trade and collated this information to help support the Clerk in preparing findings to the Board. The LSO was instrumental in communicating the Board’s decision to all licence holders. The LSO has continued to provide guidance to licensed premises who are looking to vary their licence as well as to potential licence holders to ensure their understanding of the process and requirements under the Licensing (Scotland) Act 2005. The LSO has continued to provide guidance to already licensed premises which are undergoing major renovation works and operating under temporary licences. The LSO has also continued to mediate between parties in contentious transfer applications and those making objections/ representations to applications for both variations to premises licences and applications for new premises licences. The LSO continues to be actively involved in providing advice to event organisers regarding occasional licences for both large public events such as Seafest, SpeyFest, Gordon Castle Highland Games, Keith Show, MacMoray, Friendly fest etc as well as for private events such as weddings and birthday parties. The LSO has also mediated between current and prospective licence holders on a number of occasions this year where there have been disputes between premises owners and licence holders resulting in contentious transfer applications. We are still continuing to see the effects of the pandemic within hospitality with continuing high numbers of people who are new to hospitality opening licensed premises and taking on already licensed premises and the LSO is providing support ensuring that they understand the requirements of their licence and are compliant with the Licensing (Scotland) Act 2005. This year the LSO has undertaken proactive work in relation to members clubs to ensure consistency around understanding of the requirements specific to club licences – this has included both occasional licences and requirements for office bearers details. A significant amount of time has been spent on premises annual fees and ensuring that all payments have been received reducing the original number of outstanding payments from 88 to 2 which the Board reviewed. The LSO continues to work to streamline our admin processes to provide the best and most consistent service to licence holders and this year this has included template letters and work to streamline the occasional licence application process (which continues into the next financial year). The LSO has significantly contributed to the ongoing work involved in the automation of licensing processes. The LSO has collaborated and worked closely with the Council’s ICT Service to promote online applications. With an increasing number of short-term let licence premises within the Moray, the LSO has answered general queries from the public, as well as carried out mediation between licence Page 34
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8 holders and objectors, investigating complaints made to the Council about unlicensed operators. The LSO after carrying out an initial investigation and making contact with the owner of the premises which is the subject to the report of unlicensed trading to encourage compliance with the law, will liaise with Police Scotland as the enforcing body. Conclusion It is the view of the Board that the licensing function in Moray operates very well. The Board has come to this view based on the very low number of incidents which are linked to Licensed Premises in the area, the timely interventions of the LSO and the very low number of times the Board is required to act. Page 35
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9 Liquor Licensing Statistics for Year 2025 - 2026 Local Authority - MORAY COUNCIL Premises Licence Statistics Licences in Force on 31 March 2026 355 (a) on sales only 94 (b) off license only 111 (c) both 150 Applications received during 2025-2026 (a) on sale 4 (b) off sale 50 (c) both 40 Applications refused during 2025-2026 under section 23 0 Applications granted during 2025-2026 under section 23 70 Applications for review of premises licence during 2025-2026 under S36 & S37 resulting in:- (a) written warning 0 (b) variation 0 (c) suspension 0 (d) revocation 2 (e) no action 0 Occasional Licence Statistics Number of Occasional Licences granted during 2025-2026 558 Personal Licence Statistics Personal Licences in Force on 31 March 2026 1245 Applications during 2025-2026 under section 72:- (a) refused 0 (b) granted 114 Proceedings taken during 2025-2026 under section 83 (notice of conviction) resulting in:- (a) endorsement 0 (b) suspension 0 (c) revocation 2 (d) no action 0 Proceedings taken during 2025-2026 under section 84 (conduct inconsistent with licensing objectives) resulting in:- (a) endorsement 0 (b) suspension 0 (c) revocation 0 (d) no action 0 Proceedings during 2025-2026 under section 86 (multiple endorsements) resulting in:- (a) endorsement 0 (b) suspension 0 (c) revocation 0 (d) no action 0 Revocations of personal licences during 2025 - 2026 under section 87(3) (failure to provide evidence of having undertaken refresher training) 4 Staff employed at 31 March 2026 Number (full-time equivalent) of licensing standards officers employed 1 Page 36
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Report to: Moray Licensing Board Meeting Date: 2 September 2026 Report by: Clerk to the Board Author: Sean Hoath Contact Email: licensing@moray.gov.uk Subject: Licensing (Scotland) Act 2005 – Annual Review of Licensing Income v Expenditure 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to; • update the Board on the overall income versus expenditure for alcohol licensing for the last financial year by way of an annual financial report; • consider the position in respect of likely future income and expenditure; and • determine whether the Board wishes to undertake a review of licensing fees as a result. 2. SUMMARY 2.1 It is proposed that the Board note the contents of this report and the detail provided in respect of the financial position and determine what further action is required, if any. 3. RECOMMENDATIONS – 3.1 It is recommended that the Board: i) Note the current fees attached at Appendix 1; ii) Note the financial report on income and expenditure data at Appendix 2; iii) Agree to publish the financial report; and Item 6. Page 37
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iv) Consider future fees and determine whether the Board wishes to keep the current fee structure or revise the same and in the latter case proceed to consider proposals for change as the Board sees fit. Sean Hoath Senior Solicitor 4. BACKGROUND AND CONTEXT Current Fees 4.1 The Licensing (Fees) (Scotland) Regulations of 2007 (referred to here as the “Fees Regulations”) were made in accordance with the Licensing (Scotland) Act 2005 (“the Act”). The Fees Regulations require each Licensing Board to set certain fees in respect of various applications under the Act. This includes application and annual premises licence fees that are set by Boards but within overall maxima prescribed by the Scottish Government. 4.2 The current fee scale is attached at Appendix 1. It was agreed by the Board at the meeting on the 7 September 2022 (paragraph 5 of the Minute refers). 4.3 The current scale sets the premises licence application and annual fees at the maximum level prescribed by the Scottish Government, which means that those fees cannot be increased but they could be reduced. 4.4 In accordance with the Fees Regulations, the fee structure is designed around the principle that licensing is to be, as far as possible, self funding and that each Board was to broadly recover, through licensing fees, the overall cost to the Council and Board of providing licensing functions. 4.5 The expenses to be recovered are not limited to Licensing Board expenses. Expenses must include all those incurred by both the Board and the Moray Council in administering the Act in general. This includes expenses for all Board and Council licensing administration including that from other services within the Council contributing to the licensing procedure. Financial Report On Income and Expenditure 4.6 A review of licensing fees is undertaken annually. Since the current fees were set in 2022 reviews have been undertaken through reports to the Board on 6 September 2023, 19 June 2024 and 3 September 2025 (paragraph 8, 7 and 6 of each relevant Minute refers) and on each occasion the decision has been not to amend the fee levels. 4.7 With the assistance of officers in the Finance service, the Clerk has now collated income and expenditure figures for the financial year 1 April 2025 to 31 March 2026. Page 38
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4.8 The figures and calculations are summarised at Appendix 2. Included within the table for comparison are figures from the previous years referenced in paragraph 4.6 above. 4.9 The figures reveal the following indications: • In the current financial year income fell short of expenditure by approximately 23% with an overall deficit of £44849.78. • There has been a decrease in income compared to previous years and a corresponding increase in apportioned costs/expenditure. • The majority of income arises from premises licence annual fees and the numbers of premises are fairly consistent, albeit falling slightly. • Notable increases in expenditure have arisen in terms of Legal Services and Mailroom staff. • It would be misleading to view financial years in isolation. To place this year into context this year’s net expenditure slightly exceeds the overall net income from the past three years. This means over the last 4 years there has been a net expenditure of £851.68 on a total expenditure of £633580.97 giving rise to a difference of 0.1%. • It has been a busy year for occasional licences although the statutory fee remains at £10 and so the overall effect of occasional licence income is limited. Publication of the Financial Report 4.10 It should be noted that The Air Weapons and Licensing (Scotland) Act 2015 introduced requirement for Boards to publish both a functions report (relating to the objectives, decisions etc) and a financial report (relating to income and expenditure) no later than three months after the end of each financial year i.e. by the end of June each year. A separate report has been prepared relating to the functions of the Board including details of the licensing applications processed. 4.11 The financial information detailed in this report serves as the required financial report. The report has been produced later than the time specified in the Act as it is difficult to obtain financial information in time as a result of pressures on staff within the finance service to work on the Council’s budget which takes priority. 4.12 The Board is asked to note and agree to publication of this financial report on the Board’s webpages. Future Fees 4.13 Income and expenditure are both fluctuating, although expenditure tends to fluctuate more than income. This means fee setting is not an exact science. It should be noted that if a review is Page 39
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required then figures for both projected income and expenditure can only ever be estimates and may not be a true reflection of actual amounts. Estimates would have to be based on historical data about income, expenditure and transactions but there are some unknowns going forward. 4.14 The revaluation of businesses, including licensed premises, has taken place and revised figures were introduced by the Scottish Assessors Office on 1 April 2026. Licence fees are set by references to categories linked to the rateable value of the premises and so many licence fees are likely to change for payments due 1 October 2026. The last time a revaluation occurred it resulted in a rateable value banding change for many premises with some going up in fee banding but just as many premises reducing their rating and so going down in fees. This creates a degree of uncertainty going forward. 4.15 The overarching legal requirement is for the Board to “have regard to the desirability of ensuring that the total fees payable under these Regulations to that Board in respect of any period are likely to be broadly equivalent to the expenses incurred by that Board, and the council for the area of that Board, in administering the Act generally…”. 4.16 It is considered that whilst income may not be broadly equivalent to expenditure for the last financial year, it may be considered to be extremely close to broadly equivalent over the four year period studied. 4.17 Taking these factors into consideration, it is not recommended that the fee scale is changed as a result of this report. Fees are set at a maximum and, given a net expenditure, a reduction is not recommended. Instead it is recommended that the current fee scale remains in place pending the next review in 2027. 4.18 In respect of any review it should be noted that where, in accordance with legislation, fees are set by the Board there is no requirement to consult upon those fees before any variation is brought into effect. Nevertheless there will always be pressure from the licensed trade not to place any increased financial burden on them. 4.19 There is a requirement that fees may not be varied so that the variation comes into effect less than a year after the date of a previous change. As the fees were last varied on 7 September 2022, they can be varied again at any time. 4.20 Given the general increase to expenditure officers will look at areas where costs savings may be achieved. The area likely to achieve savings without a potentially damaging loss to service levels is in the automation of processes. In particular the Licensing Board processes a large number of occasional licences and loses a significant amount of money on each application. The automation of occasional licence applications is being pursued between officers in licensing and officers in ICT. This should have the effect of significantly reducing both legal and mailroom staff processing time. Page 40
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4.21 Greater legal services staff time is generally being spent on licence applications. There are a number of factors contributing to this, for example: Increased time required to scrutinise poor applications and chase customers for relevant information; Internal cross training of legal staff to facilitate the processing of multiple application types has slowed processing but the time represents an investment in making the service more robust long term; Licensing is about public safety so time spent on scrutinising applications is well spent as cutting may compromise safety. These matters should naturally improve with time and experience to be combined with automation as above. 4.22 Finally, it has been noted for many years that the Scottish Government was reviewing licensing fees and exploring options for a possible change to the fee structure. In particular the Scottish Government consulted some time ago on the statutory fee for occasional licences. Any major change to the cost of an occasional licence may radically alter the income and expenditure balance and necessitate a further fee review. However, from information currently available to officers, including previous attendance at a national group organised by the Scottish Government, it appears unlikely that legislation will be brought forward to amend occasional licence fees any time soon. Recommendations in this report therefore proceed on the assumption of the statutory fee structure remaining the same. 5 SUMMARY OF IMPLICATIONS 5.1 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 5.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 41
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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 5.3 Policy and Legal The policy and legal implications have been explained above. 5.4 Financial Financial implications relating to fee levels have been explained above. 5.5 Risk As explained above, the projected figures for future income are only estimates. Accordingly, there is a risk that the actual income differs from the projected income. The risk in connection with the setting of fees is that if fees are set too low then the cost of administering the licensing system may not be recouped. Conversely if fees continue to produce a surplus then the Board’s decisions in respect of fees may be open to review. 5.6 Staffing Preparation of fee projections has involved considerable staff time in both finance and legal and fees are reviewed annually. No additional resources are required. It is anticipated that going forward fee income will ensure full cost recovery in terms of providing the licensing function. There will be some staff time in amending invoice amounts on the system if the fees are increased. 5.7 Best Value and Transformation None arising from this report. 5.8 Property None arising from this report. 5.9 Information Communications/Technology/Digital None arising from this report. 5.10 Equalities, Social Inclusion and Economic Impact Page 42
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Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ☐ ☐ ☐ ☐ ✓ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected In considering this matter the Board should have regard to issues of equality and the subject’s (licence holders) rights under the European Convention on Human Rights (and the Human Rights Act 1998). It is not considered necessary to undertake an equalities and human rights impact assessment in connection with this report. The Board should have regard to all the circumstances. 5.11 Climate Change and Biodiversity Impacts None arising from this report. 6. CONSULTATION 6.1 As far as possible, the figures within this report have been prepared in consultation with Alistair Milne, Accountant within the Council’s Finance Service. 7. BACKGROUND PAPERS 7.1 There are no background papers. Page 43
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Moray Licensing Board Current Fee Scale No recommended changes Fees set by the Board and so can be changed are detailed in Green Premises Licence Application Categories and Annual Fees *Application and Annual fees are already set at 100% of maximum Category Rateable Value Application Fee* Annual Fee* Category 1 nil rateable value or within certain defined exemptions described above 200 180 Category 2 rateable value between £1 and £11,500 800 220 Category 3 rateable value between £11,501 and £35,000 1100 280 Category 4 rateable value between £35,001 and £70,000 1300 500 Category 5 rateable value between £70,001 and £140,000 1700 700 Category 6 rateable value over £140,000 2000 900 Type of Application and Fee The fees in this table are statutory fees so cannot be altered. Type of Application Fee - £ An application to vary a premises licence where the variation sought is the substitution of a premises manager and any other variation is a minor variation 31 An application to vary a premises licence where the variation sought is a minor variation and there is no substitution of the premises manager 20 Application for an occasional licence 10 Application for extended hours 10 Application for a personal licence 50 Page 45
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Type of Application and Fee Type of Application Fee - £ Category 1-3 Fee - £ Category 4-6 Any variation of a premises licence that is not within the definition of the prescribed fees below i.e. that is a major variation 350 500 Application by the licence holder to transfer and vary a licence 375 for major variations and 145 for minor ones 600 for major variations and 220 for minor ones Application by the licence holder to transfer a licence (no variation) 125 200 Application by another person to transfer and vary a licence 450 for major variations and 220 for minor ones 675 for major variations and 295 for minor ones Application by another person to transfer a licence (no variation) 200 275 Application for a provisional premises licence (to be the same as a category 1 premises) 200 200 Application for confirmation of a provisional premises licence £Variable (this will vary between premises. The confirmation fee will be the fee that would have been payable for a premises licence application (based on the rateable value as above) LESS the amount paid on application for the provisional premises licence as a category 1) Variable Variable Application for a temporary premises licence 200 200 Application for a replacement personal licence 25 25 Application for a replacement premises licence 40 40 Page 46
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LICENSING BOARD Income v Expenditure 2025/26 2024/25 2023/24 2022/23 Supplies and Services 6,532.85 6,554.01 6,809.30 7,448.50 Apportioned Costs - See Breakdowns 190,909.30 135,734.83 147,362.05 132,230.13 Breakdown 2025/26 2024/25 2023/24 2022/23 Running Total Expenditure 197,442.15 142,288.84 154,171.35 139,678.63 Legal 144,050.03 106,438.65 95,921.36 83,164.38 Contact Centre 6,357.97 8,571.47 9,534.59 8,156.43 Mailroom 34,782.24 15,733.92 36195.57 35311.57 Reception 753.06 605.79 1,004.53 898.75 Other CSS 4,966.00 4,385.00 4,706.00 4,699.00 190,909.30 135,734.83 147,362.05 132,230.13 Income from Service Users -152,592.37 -160,908.61 -155,682.12 -162,546.19 NET INCOME v EXPENDITURE 44,849.78 -18,619.77 -1,510.77 -23,867.56 Page 47
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