Agenda Document Pack - Licensing Board - 21/06/2023
Moray Council · 21 June 2023
Back to Licensing Board — 21 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Licensing Board Wednesday, 21 June 2023 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, 21 June 2023 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of the meeting of the Licensing Board of 3 May 2023 5 - 8 4. Application List 21 June 2023 4a. Keystore - 23 00513 PREVMA 4b. Linn House - 23 00673 PROLIC 5 Annual Functions Report Report by Clerk to the Board 9 - 20 6 Review of Statement of Policy Report by Clerk to the Board 21 - 52 Page 1
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, 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. *** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than ten minutes after the Committee 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/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days. Page 2
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THE MORAY COUNCIL Licensing Board SEDERUNT Councillor Peter Bloomfield (Chair) Councillor Sonya Warren (Chair) Councillor James Allan (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor David Gordon (Member) Councillor Scott Lawrence (Member) Councillor Ben Williams (Member) Clerk Name: Lindsey Robinson Clerk Telephone: 07966 120593 Clerk Email: committee.services@moray.gov.uk Page 3
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MORAY COUNCIL Minute of Meeting of the Licensing Board Wednesday, 03 May 2023 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor David Gordon, Councillor Scott Lawrence, Councillor Sonya Warren, Councillor Ben Williams IN ATTENDANCE Also in attendance at the above meeting were the Depute Clerk to the Board, Lindsey Robinson, Committee Services Officer, as clerk tot he meeting, both Moray Council and Sergeant Neil Grant, Police Scotland. 1. Chair Councillor Peter Bloomfield, as co-Chair of the Licensing Board, chaired the meeting. 2. Declaration of Member's Interests The Board noted that there were no declarations of Member's interests. 3. Minute of the Meeting of the Licensing Board of 8 February 2023 The minute of the meeting of the Licensing Board of 8 February 2023 were submitted and approved. Under reference to paragraph 7 of the minute, Councillor Warren sought clarification on how many individual applications for an extension of hours had been received. In response, the Depute Clerk to the Board advised there had been very few but he did not have the exact number. Under refence to paragraph 6 of the minute, Councillor Gordon sought clarification as to whether the suspended licences had now been paid. In response, the Depute Clerk to the Board confirmed that the licences had been paid. Under reference to paragraph 13 of the minute, Councillor Gordon asked when a wash up report would be available. In response, the Depute Clerk to the Board advised that there was not an exact date yet but hopefully for the next meeting. Item 3. Page 5
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4. Order of Business The Board agreed to vary the order of business set down on the agenda and take item 4e "Ballindalloch Distillery" as the next item of business due to the applicant having another meeting to attend. 5. Ballindalloch Distillery - 23 00433 PRELIC The Depute Clerk to the Board introduced the application as a new premises licence and advised the Board that all paperwork was in order and there were no objections or representations. Sergeant Grant confirmed that there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Thereafter, the Chair moved that the licence be granted, and there being no one otherwise minded, the licence was granted. 6. Crown and Anchor - 23 00075 PREVMA The Depute Clerk to the Board introduced the application as a major variation and advised the Board that all paperwork was in order and the representations have been dealt with. Sergeant Grant confirmed that there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Thereafter, the Chair moved that the variation be granted, and there being no one otherwise minded, the variation was granted. 7. Abbey Inn - 23 00084 PREVMA The Depute Clerk to the Board introduced the application as a major variation and advised the Board that all paperwork was in order and the representations have been dealt with. Sergeant Grant confirmed that there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Thereafter, the Chair moved that the variation be granted, and there being no one otherwise minded, the variation was granted. 8. Highland Whisky Auctions - 23 00303 PREVMA The Depute Clerk to the Board introduced the application as a major variation and advised the Board that all paperwork was in order and ther were no representations or objections. Sergeant Grant confirmed that there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Page 6
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Thereafter, the Chair moved that the variation be granted, and there being no one otherwise minded, the variation was granted. 9. Speyside Brewery - 22 01939 PRELIC The Depute Clerk to the Board introduced the application as a new premises licence and advised the Board that all paperwork was in order and there were no representations or objections. Sergeant Grant sought clarification that the representation from the Police regarding under 18s being with an adult at all times had been agreed to by the applicant. The applicant and the Depute Clerk to the Board confirmed that this had been agreed. The applicant addressed the Board and responded to the questions asked. Thereafter, the Chair moved that the licence be granted, and there being no one otherwise minded, the licence was granted. 10. Buckie Thistle Development Ltd - 23 00431 PREVMA The Depute Clerk to the Board introduced the application as a major variation and advised the Board that all paperwork was in order and the representations have been dealt with. Sergeant Grant confirmed that there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Thereafter, the Chair moved that the variation be granted, and there being no one otherwise minded, the variation was granted. Page 7
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REPORT TO: THE MORAY LICENSING BOARD 21 JUNE 2023 SUBJECT: LICENSING (SCOTLAND) ACT 2005 - ANNUAL FUNCTIONS REPORT BY: CLERK TO THE BOARD 1. REASON FOR REPORT 1.1 This report is to seek approval to publish the draft functions report which incorporates a report from the Licensing Standards Officer. 2. RECOMMENDATION 2.1 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 publish the agreed final report on the Board’s web pages; 3. BACKGROUND 3.1 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: 3.1.1 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; 3.1.2 A summary of the decisions made; 3.1.3 Information about the number of licences held including the number of occasional licences issued; and 3.1.4 Such other information as the Board considers appropriate. 3.2 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. Item 5 Page 9
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4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The provisions of alcohol licensing directly relate to the priorities within the 10 Year Plan in relation to healthier citizens, a growing and diverse economy and safer communities. Alcohol and alcohol dependency influence the health of the population. The alcohol industry in terms of production, retail and the positive effects on tourism all aid a growing economy. Regulation of the sale of alcohol contributes to a safer community. (b) Policy and Legal Implications Policy and legal implications have been explained above. (c) Financial Implications None identified. (d) Risk Implications None identified. 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. (e) Staffing Implications 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. (f) Property None. (g) Equalities/Socio Economic Impact In considering individual decisions 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. (h) Climate Change and Biodiversity Impacts None identified. (i) Consultations None. Page 10
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5. CONCLUSION 5.1 It is proposed that the Board note the contents of this report, amend the same if the Board considers appropriate and agree to publish the final annual functions report. Author of Report: Sean Hoath, Senior Solicitor, Depute Clerk to the Board Background Papers: There are no background papers Ref: SH Page 11
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Appendix 1 1 Moray Licensing Board Annual Functions Report 1 April 2022 - 31 March 2023 in accordance with the Licensing (Scotland) Act 2005 (as amended by the Air Weapons and Licensing (Scotland) Act 2015) Contents About Moray ......................................................................................................................... 2 Introduction ........................................................................................................................... 2 The Licensing Objectives................................................................................................... 3 Annual Functions Report ................................................................................................... 3 Decisions of the Board ...................................................................................................... 3 Applications .................................................................................................................. 3 - 4 Reviews and Relevant Licensing Matters (hours, Forum etc) ............................................ 4 Licensing Standards Officer Report .............................................................................. 5 - 6 Conclusion ........................................................................................................................ 6 Licence Application Numbers ............................................................................................ 7 Item 5 Page 13
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Appendix 1 2 About Moray With a population of around 95,500, 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 Scotch 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 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 14
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Appendix 1
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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 eight 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 are 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 as amended.
Under the (“the Act”), the Licensing 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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Appendix 1 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 premise 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 premise 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 2022 to 31 March 2023, the Board met on an approximate eight week cycle on the following dates: (a) 30 June 2022 (b) 7 September 2022 (c) 16 November 2022 (d) 8 February 2023 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. 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: http://www.moray.gov.uk/downloads/file68385.pdf During the course of the next functions period a full review of the statement of licensing policy is due to be completed. 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 process. The majority of applicants before the Moray Board are willing and able to represent themselves. Decisions of the Board Each application, received by the Licensing Board is considered on its individual merits. All licence applications that are received must be weighed-up in accordance with the Licensing (Scotland) Act 2005 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 Page 16
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Appendix 1 5 to this report at Appendix 1 are details of application numbers and decisions made by the Moray 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: http://www.moray.gov.uk/downloads/file70892.pdf In considering the applications, the Licensing 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, the Licensing Standards Officer (LSO), Police Scotland 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 Licensing Board also have regard to these community planning priorities. Licence Applications During the course of the year, the Board received applications for 514 occasional licences, up on the previous period by some 180. Work is ongoing to address the issue of premises trading permanently on occasional licences. The Licensing Standards Officer has persuaded certain applicant to apply for premises licences. In addition Moray has joined a group of officers from the Scottish Government and certain other licensing authorities to review the law controlling occasional licences. The Board also considered and granted 91 premises related licence applications. The overall number of premises licences has fallen slightly on the previous financial year from 366 to 339. Personal Licence Applications and Reviews The Board granted 131 personal licence applications. During the period the Board considered one personal licence application where the applicant had disclosed a relevant conviction and the licence was granted. The Board also considered one review of a personal licence where a conviction had been disclosed and the personal licence was suspended for 6 months. Premises Licence Reviews During the period there were four premises licence reviews heard by the Board. One review was withdrawn as the licence was surrendered. Two reviews resulted in the premises licences being suspended. One review resulted in a premises licence being revoked. Statement of Policy / Policy Matters During the financial year, there was no review of policy due by the Board. A review of the policy is to be concluded by November 2023. Licensing Hours In granting licences, the Board recognises that licensing hours are an important part of how licensed premises function; However, the Board must continually balance the impact that licensing hours has on the wider area against the increasing growth of the local economy within Moray which continues to play a key role for investment, employment and tourism. Page 17
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Appendix 1 6 The Board’s policy in respect of licensing hours is set out in the statement of policy. The Board’s approach to hours has been generally permissive although applications tend to remain within the hours set out in the policy. The Board has an existing practice of permitting specific hours over the Christmas / New Year festive period by way of a general extension. This is a flexible policy to allow all premises to open if they choose to do so, rather than having to apply for specific hours. This regulation allows businesses to promote themselves and benefit from increased trade. The Board has had no complaints in respect of festive opening. The policy on festive hours is published here: http://www.moray.gov.uk/downloads/file107983.pdf Licensing Forum The Moray Licensing Forum should form an integral part of the licensing regime in Moray. The forum membership includes 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 Licensing Forum can be revived and will be able to meet again soon 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 Forum. 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 of a Forum. Gambling The requirement for a functions report relates to the alcohol licensing legislation. For completeness in terms of the Board’s remit, there is little activity in terms of gambling. The number of gambling premises are generally reducing owing to the prevalence of online gambling. 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 Licensing Board and Committee. One LSO is responsible for liquor licensing and gambling and one is responsible for all civic type licences. 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 post was taken up by the current post holder in February 2019. The role of the LSO is defined by the Licensing (Scotland) Act 2005 for the LSO to: • Provide guidance and information regarding the Act • Ensure compliance with the Act in terms of the licence • Provide mediation to resolve disputes Page 18
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Appendix 1 7 The LSO worked with the Uniform team (officers who administer the specialist in-house licensing software package) to find a way for uniform to generate a letter to remind personal licence holders of their need for refresher training. Personal licence holders are now receiving reminders when their refresher training is due and when their personal licences are due for renewal. The LSO has also worked with our ICT service to update the information on the website to make it easier to navigate. Following an increase in the annual fee for premises licence holders the LSO worked closely with both the finance service and the administration team to minimise any disruption and has kept licence holders updated to the delay to invoices and the increase in the fees. Following the pandemic restrictions easing, there have been a number of new staff and new licence holders and the LSO has started a newsletter which is sent to premises, the newsletter contains information about local policy i.e. the festive extension, best practise for licence holders and national issues that may affect licence holders such as the Scottish Government consultation regarding the proposed changes to alcohol advertising. The LSO has dealt with numerous complaints from the public including irresponsible drinks promotions, complaints regarding the use of outdoor spaces and associated noise, as well as conducting joint visits with Police Scotland / Environmental Health following incidents at licensed premises. The LSO has supported the applicants of occasional licences for numerous events including MacMoray, Seafest and Speyfest as well as numerous smaller events and helped numerous applicants to complete applications so that they understand their licences and what activities are permitted. The LSO has been actively involved in the North East LSO group meetings to share information and best practice between Licensing Standards Officers across the North of Scotland and has continued to work with both internal departments and partnership agencies. 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 and the low number of premises licence reviews Page 19
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Appendix 1 8 Liquor Licensing Statistics for Year 2022-2023 (Period 01/04/2022 to 31/03/2023) Local Authority - MORAY COUNCIL Premises Licence Statistics Licences in Force on 31 March 2023 (this should equal total of a+b+c) 339 (a) on sales only 75 (b) off license only 104 (c) both 160 Applications received during 2022-2023 (a) on sale 11 (b) off sale 49 (c) both 49 Applications refused during 2022-2023 under section 23 0 Applications granted during 2022-2023 under section 23 91 Applications for review of premises licence during 2022-2023 under S36 & S37 resulting in:- (a) written warning (b) variation (c) suspension (d) revocation (e) no action Occasional Licence Statistics Number of Occasional Licences granted during 2022-2023 514 Personal Licence Statistics Personal Licences in Force on 31 March 2023 1215 Applications during 2022-2023 under section 72:- (a) refused 0 (b) granted 131 Proceedings taken during 2022-2023 under section 83 (notice of conviction) resulting in:- (a) endorsement (b) suspension (c) revocation (d) no action Proceedings taken during 2022-2023 under section 84 (conduct inconsistent with licensing objectives) resulting in:- (a) endorsement (b) suspension (c) revocation (d) no action Proceedings during 2022-2023 under section 86 (multiple endorsements) resulting in:- (a) endorsement (b) suspension (c) revocation (d) no action Revocations of personal licences during 2022-2023 under section 87(3) (failure to provide evidence of having undertaken refresher training) 0 Staff employed at 31 March 2023 Number (full-time equivalent) of licensing standards officers employed 1 Page 20
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REPORT TO: MORAY LICENSING BOARD 21 JUNE 2023 SUBJECT: LICENSING (SCOTLAND) ACT 2005 – REVIEW OF STATEMENT OF POLICY BY: CLERK TO THE BOARD 1. REASON FOR REPORT 1.1 To advise the Board with regard to the statutory obligation to develop, consult and publish a policy statement setting out the principles they propose to apply to the exercise of their functions under the Licensing (Scotland) Act 2005. 1.2 Every Licensing Board must, before the beginning of each relevant period, publish a statement of their policy. 1.3 The current period started on the 30 November 2018 and is due to expire on the 29 November 2023. A revised policy statement must be in place and publicised by then. 2. RECOMMENDATION It is recommended that the Board:- (i) Note the statutory obligation to develop, consult upon and publish a statement of licensing policy and note that a revised policy must be in place by 29 November 2023; (ii) Note the progress to date in developing a draft revised policy; (iii)Note the terms of the draft revised policy as reviewed and developed by the Board following full research and informal consultation produced at Appendix 1; (iv) Note the draft policy now requires formal consultation for the period of 23 June 2023 to 14 August 2023 as per the previously agreed timetable; (v) Make any changes to the draft policy that the Board deems fit and instruct the Clerk to proceed with formal consultation. 3. BACKGROUND 3.1 The Licensing (Scotland) Act 2005 (“the Act”) requires the Board to publish a Statement of Policy as to how it proposes to exercise its powers under the Act. Item 6 Page 21
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3.2 The Statement of Policy must be revised in line with the 5 year cycle of local government elections. A revised statement must be in place and publicised within 18 months of each local government election period. The last revised statement was published in November 2018 and a new revised statement is due to be published before the 29 November 2023. The Board may also review the policy at any time within the 5 year period. 3.3 The Board is required to consult certain persons/bodies as part of the process of preparing or revising the policy statement. Those are: ▪ the Local Licensing Forum for the Board's area; ▪ if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2 of the Act, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative; and ▪ such other persons as the Board thinks appropriate. 3.4 Unfortunately despite the best efforts of the licensing service it has not yet been possible to re-establish a Local Licensing Forum. Efforts will continue and in the meantime the Board must rely on the public consultation as well as individual responses from partner services to represent the view of the wider public, normally represented by the Forum. 3.5 Informal Consultation and Drafting In order to inform on policy drafting a large volume of data from numerous sources has been collected and analysed as follows: 3.5.1 Research and Information Officer Christopher Dewhurst has analysed data from a great many sources including: the Police; NHS; Moray Alcohol and Drug Partnership; Census; SALSUS Scottish Schools Adolescent Substance use Survey; and other online sources. The resultant report went into some detail to inform and support policy matters, in particular an overprovision assessment. A copy of the report is reproduced as part of Appendix 1. 3.5.2 A wide ranging community engagement exercise was carried out through the medium of an online survey. The survey was established to ask questions relating to policy and was distributed through a QR code link to a wide audience across Moray. Assistance was sought from the Council’s Community Support Service. The response results were again analysed by Research & Information Officer Suzanne Wilson. The results were reviewed by the Board’s Policy Sub Group and taken into account in developing the draft policy for formal consultation. 3.6 The Board’s Policy Sub Group met to discuss revision of the policy on 22 June 2023. The key areas for discussion were: 3.6.1 Overprovision. As part of the statement of policy the Board has a duty to publish a determination as to whether it considers that there is an Page 22
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overprovision of licensed premises it its area. Pursuant to that duty the assessment of overprovision has been updated and this is one of the most significant areas within the policy document. The Board’s Sub Group concluded from the report that there was no evidence to support a finding of overprovision within Moray. 3.6.2 Children in licensed premises. The public opinion survey asked about children in licensed premises and the majority of respondents who gave an answer indicated approval for current policies. 3.6.3 Hours in general. The Board’s Sub Group did not identify any areas for change within the current policy. The public opinion survey asked about licensing hours. The majority of respondents who gave an answer indicated that licensing hours are acceptable as they are, indicating that no change in policy is required. The police had made a suggestion regarding setting a terminal hour of 02:00 for new licence applications to accord with police shifts and resources. The Board’s Sub Group noted that it may affect very few applications and commented that rather than making a general policy in this regard it would be appropriate to consider individual applications on their merits. 3.6.4 Social responsibility. The police had made a suggestion for continued emphasis on social responsibility related condition which the Board Sub Group agreed with and resolved to include within the policy. Consideration will need to be given as to how the Board wishes to introduce such a policy. 3.6.5 The Board Sub Group maintained the general position that each application should be judged on its own merits and policy matters should assist and guide in that process rather than policy dictating decision making. 3.6.6 Other areas of guidance within the overall policy have also been updated including the police CCTV guidance and the Board’s Scheme of Delegation. 3.7 Following on from the above the Statement of Policy was revised in order to proceed with formal consultation. As stated, the revised draft policy and relevant documents are produced at Appendix 1 and revisions are highlighted for ease of reference. 3.8 It should be noted the Scottish Government has also recently produced updated guidance to Licensing Boards under s.142 of the Licensing (Scotland) Act 2005. The guidance has been previously circulated to members and the Board is under a duty to take the guidance into account when formulating a Statement of Policy. Where the Board chooses to not follow statutory guidance for any reason the Board is obliged to notify the Scottish Government. It is considered that the draft policy complies with guidance except in so far as the number of licensing hours considered reasonable in any 24 hour period. The Board’s policy has been 16 hours Page 23
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(instead of 15) since the first policy was created so does not require notification now. 4. FURTHER CONSULTATION 4.1 The draft revised policy statement now needs to be the subject of a further formal consultation period of approximately 7 weeks which is planned for the following dates from the 23 June 2023 to the 14 August 2023. Consultation with as wide an audience as possible will take place by circulating a relevant link in emails to known contacts and in social media. Assistance will be sought from the Council’s Community Engagement Service. Paper copes of the draft revised policy statement will be available at certain Council premises for inpection. 4.2 The results of the formal consultation will be produced at the Board’s meeting on the 6 September 2023 when the Board will be asked to consider the same, and make final adjustments to the revised policy as the Board considers necessary or appropriate before proceeding to final approval. 4.4 Once approved, the final policy statement will ultimately be published on both the Council’s website and at certain Council premises for example, Access Points and main libraries where the document may be inspected. The publication must be available for inspection by the public free of charge. 5. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The provisions of alcohol licensing directly relate to the priorities within the 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) in relation to changing our relationship with alcohol where people are healthier and experience fewer harms as a result of alcohol use, a growing, diverse and sustainable economy and safer communities. Alcohol and alcohol dependency influence the health of the population. The alcohol industry in terms of production, retail and the positive effects on tourism all aid a growing economy. Regulation of the sale of alcohol contributes to a safer community. (b) Policy and Legal Legal implications are detailed in the report. (c) Financial Implications None. (d) Risk Implications None. Page 24
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(e) Staffing Implications Consultation and preparation of revised documents has involved a considerable amount of staff time across several services and will continue to do so. However, it is anticipated that no additional resources are required. (f) Property None. (g) Equalities/Socio Economic Impact As part of the ongoing consultation process this report and the draft policy will be referred to the Council’s Equal Opportunities Officer for comment. Previous policies have been assessed for equalities impact and given that there has not been any major changes to policy matters there is not a need for a new assessment. (h) Climate Change and Biodiversity Impacts None. (i) Consultations Extensive consultation has taken place and will continue to take place before the final policy is presented to the Board for approval. 6. CONCLUSION 6.1 It is proposed that the Board note the requirement to develop, consult upon and publish a Statement of Policy as to how it will exercise its functions under the Licensing (Scotland) Act 2005, note the results of the informal consultation and research activities, amend the policy as the Board deems necessary or appropriate and instruct the Clerk to proceed to formal consultation on the revised draft policy. Author of Report: Sean Hoath, Senior Solicitor, Depute Clerk to the Licensing Board Background Papers: There are no background papers. Ref: SAH Page 25
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5 For alternative formats, languages or further information, please ask an English speaking friend or relative to: Phone: 01343 563319 Email: equalopportunities@moray.gov.uk Write to: Project Officer (Equal Opportunities) Chief Executive’s Office High Street Elgin IV30 1BX 如要索取其他的版式、各種語文的翻譯本，或需要更詳細 的資訊，請叫一位會說英語的朋友或親屬與我們聯繫： 電話： 01343 563319 電郵： equalopportunities@moray.gov.uk 信件郵寄地址： 計劃主任(平等機會) Project Officer (Equal Opportunities) Chief Executive’s Office High Street Elgin IV30 1BX Item 6 Page 27
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6 Jeżeli chcieliby Państwo otrzymać informacje w innym formacie, języku lub dodatkowe informacje, mówiący po angielsku znajomy lub członek rodziny może do nas: Zadzwonić na numer: 01343 563319 Wysłać mail: equalopportunities@moray.gov.uk Adres korespondencyjny: Project Officer (Equal Opportunities) (Urzędnik ds. Jednakowego Traktowania Mniejszości Narodowych) Chief Executive’s Office High Street Elgin IV30 1BX Para outros formatos, idiomas ou para obter mais informações, peça para um amigo ou parente que fale a língua inglesa entrar em contato conosco: Telefone: 01343 563319 Email: equalopportunities@moray.gov.uk Endereço: Project Officer (Equal Opportunities) Chief Executive’s Office High Street Elgin IV30 1BX Page 28
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7 The Moray Licensing Board Statement of Licensing Policy for the Licensing (Scotland) Act 2005 Effective Period 30/11/2023 to 29/11/2028 Index 1 Mission Statement 2 Overriding Principle 3 Introduction 3.1 The Moray Area 3.2 Duty to Consult on & Publish a Statement of Policy 3.3 The Board 3.4 Contacts 3.5 The Forum 3.6 Other Responsible Authorities 3.7 Tourism 3.8 Transport 4 Objectives 4.1 Licensing Objectives 4.2 Measures to Promote the Objectives 5 General Communication 5.1 Communication 5.2 Information Sharing 5.3 FOI Publication Scheme 5.4 Data Protection 5.5 Irregularities / Mistakes 5.6 Translation 6 General Considerations 6.1 Social Responsibility 6.2 Children in Licensed Premises 6.3 Baby Changing 6.4 Outdoor Areas 6.5 Members’ Clubs 6.6 Hours 6.6.1 General Operating Hours 6.6.2 Off Sale Hours 6.6.3 24 Hour Opening 6.6.4 Early and Late Opening Hours Page 29
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8 6.6.4.1 Early Opening 6.6.4.2 Late Opening 6.6.5 Curfew 6.6.6 Seasonal Hours 6.6.7 Drinking Up 6.6.8 General Extension of Hours 6.6.9 Duty to Trade 6.6.10 British Summertime (BST) 6.7 Byelaws 6.8 Underage Drinking 6.9 Irresponsible Promotions 6.10 Overprovision 7 Licensing Standards Officer (LSO) 8 Other Regulation 8.1 Partners 8.1.1 Police 8.1.2 Environmental 8.1.3 Fire 8.2 Relationships with Other Regulatory Regimes 8.3 Extra Information for Partner Organisations 9 Types of Licence & Applications 9.1 Premises Licence 9.2 Personal Licence 9.3 Occasional Licence 9.4 EU Services Directive & Electronic Applications 10 Applications Processes 10.1 General Pre Application Matters 10.1.1 Information & Documents Required 10.1.1.1 Risk Assessment 10.1.1.2 Operating Plan 10.1.1.3 Layout Plan 10.1.2 Guidance & Information Available 10.1.3 Forms and Fees 10.2 General Processing of Applications 10.2.1 Timescales 10.2.2 Hearings 10.2.3 Conditions 10.3 General Post Application Considerations 11 Scheme of Delegation 12 Other Board Policies 12.1 Gambling 12.2 FOI Publication Scheme 12.3 Equalities 13 Complaints Procedure Page 30
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9 This is the Statement of Licensing Policy of the Moray Licensing Board (“the Board”) issued under the Licensing (Scotland) Act 2005 (“the Act”). The Board recognises that licensing is about regulating the sale of alcohol, the premises on which alcohol is sold, and for connected purposes within the terms of the Act. 1. Mission Statement The Moray Licensing Board’s aim is to serve the licensing needs of Moray as quickly and efficiently as possible, striking a balance between the business needs of its customers and the interests of the community as a whole in order to protect the public and further the licensing objectives. To achieve this aim the Board will: When deciding on policies, reach out to all parts of society and genuinely reflect their interests through the medium of the Local Licensing Forum; Encourage an open and honest exchange of information in a customer friendly setting and make decisions in a fair and reasoned manner based around agreed and published policies; and Be fair in all matters and in this context fairness includes having regard to and an interest in equality and diversity in all forms. 2. Overriding Principle The overriding principle will be that each matter will be judged on its own merits and each person will have the right to make representations on an application or to seek a review of a licence where such provision has been made in the Act. Applicants wishing to persuade the Board to depart from this statement of policy will need to demonstrate, by means of evidence, good reasons for so doing. 3. Introduction 3.1 The Moray Area Moray has a population of 96,410 with over half of those living in or around the five main centres of Elgin, Forres, Keith, Buckie and Lossiemouth. Traditionally there has been a reliance on fishing, farming, food, forestry, textiles and whisky. Service industries, including information services, continue to grow. The Army barracks at Kinloss and RAF base at Lossiemouth contribute greatly to local earnings and bring skilled and qualified staff in the area. Main transport links are via Inverness to the west and Aberdeen to the east, both of which have their own air connections. 3.2 Duty to Consult On & Publish a Statement of Policy Section 6 of the Licensing (Scotland) Act 2005 requires every Licensing Board to prepare and publish a statement of its licensing policy every five years. The policy must also be kept under review during the three year period and revised as necessary. Page 31
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10 Before determining this policy, the Board consulted the persons listed in Appendix I. The Board has had regard to the views, where expressed, of all those listed and the views were given appropriate weight when the policy was determined. Page 32
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11 3.3 The Board The Board is made up of 8 members of the Moray Council with a quorum of 5. The Board is supported by a Clerk, Depute Clerks and administrative support staff. From time to time, the Board may also form sub-committee(s) to perform certain functions. For details of the Board’s scheme of delegation see paragraph 11 below. 3.4 Contacts The Clerk to the Board is Alasdair McEachan however for daily enquiries the Depute Clerk is Sean Hoath: Moray Licensing Board Council Offices High Street Elgin IV30 1BX 0300 123 4561 sean.hoath@moray.gov.uk 3.5 The Forum The Moray Council has established a Local Licensing Forum (“the Forum”) for the area of Moray. The Forum is representative of the community and will advise the Board on general matters of policy only. The Forum will not advise on or discuss individual cases. Members of the Forum include (where relevant*) persons resident within the Moray area, holders of premises and personal licenses and persons having functions relating to health, education and social work. The Forum is expected to meet at least four (4) times per year and once a year with the Board. The Board will have regard to the views of the Forum and will give reasons should it decide to depart from those views. *The business of the Forum is not invalidated by the absence of one or more such persons. 3.6 Other Responsible Authorities In formulating this statement of policy the Board has had regard to the views, if any, expressed by the following bodies: ▪ Planning and Building Standards Departments ▪ Environmental Services Department ▪ The Police ▪ The Fire Authority ▪ The NHS ▪ The Moray Local Licensing Forum ▪ The Scottish Tourist Board 3.7 Tourism The Moray area is well known for its whisky trails and coastal scenery and as such is a popular tourist destination. Tourism contributes greatly to the local economy and is welcomed. Accordingly, the Board will welcome measures in operating plans that actively seek to promote tourism and stimulate the local economy. Page 33
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12 3.8 Transport Main transport links are via Inverness to the west and Aberdeen to the east, both of which have their own air connections. Guidance requires this policy statement to identify any arrangement between the LSO and the Police for reporting views/concerns to the local Transport Committee. There are currently no such arrangements. 4. Objectives 4.1 Licensing Objectives The Board will seek to promote the following 5 licensing objectives set out in the Act within this statement of policy and its decision making processes: ▪ Preventing crime and disorder ▪ Securing public safety ▪ Preventing public nuisance ▪ Protecting and improving public health ▪ Protecting children and young persons from harm 4.2 Measures to Promote the Objectives Set out below are general measures that the Board has decided will help to promote the five licensing objectives. The Board has found it helpful to ask other public bodies for sector specific guidance to include with this statement. Where such additional guidance has been made available, it can be found in the Appendices. It should be noted that Licensing law is not the primary mechanism for the control of nuisance and antisocial behaviour by individuals once they are no longer on the licensed premises and beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. 5. General Communication 5.1 Communication In general communication will be accepted by letter sent by post or document exchange (to the addresses above) or by electronic mail addressed to licensing@moray.gov.uk. All communication should be addressed to the Clerk to the Moray Licensing Board. If a party has made an objection / representation and wishes to withdraw the same then that party should indicate this to the Clerk of the Board in writing no later than 7 days before the hearing. If all objections / representations are withdrawn then, in some cases, the hearing may be cancelled and the application may be considered under delegated powers. Otherwise the application may be considered as unopposed. If an objection / representation is not withdrawn and so must be heard then if the Board decides to reject the notice of objection / 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. Except where otherwise provided, a requirement to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose, a message sent by electronic mail must be treated as a notice given in writing. Page 34
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13 5.2 Information Sharing As part of application processing and/or pursuant to promoting the licensing objectives information may be exchanged with and/or sought from partner organisations such as those detailed in paragraph 8.1 below. 5.3 FOI Publication Scheme See section 12.2 below 5.4 Data Protection Licensing applications contain a lot of data, some of which may be personal data or event sensitive personal data. Personal data is anything relating to an individual who can be identified from the data or a combination of the data and other information held. Sensitive personal data is defined by reference to a list of particular information including, amongst other things, details of past convictions for offences. The data controller is the Moray Council. Please see the Moray Council’s website http://www.moray.gov.uk/moray_standard/page_90533.html for details of the licensing privacy notice. The data controller exercises functions under the Licensing (Scotland) Act 2005, the Gambling Act 2005 and associated legislation for the purposes of regulation, the administration of justice and other functions of a public nature in the interest of the public. 5.5 Irregularities / Mistakes The Board may disregard any irregularity resulting from a failure to comply with a procedural provision where that irregularity comes to its attention prior to it making a determination of the matter in hand. If the Board considers that any person may have been prejudiced by any such irregularity, it must take such steps that it considers necessary to remedy the consequences of the irregularity, before reaching its determination. The Board may correct clerical mistakes in any document recording a determination of the Board, or errors arising in such a document from an accidental slip or omission. 5.6 Translation Please see the start of this policy for statements regarding translation services. Translations are available upon request. 6. General Considerations 6.1 Social Responsibility The Moray Licensing Board fully supports the idea of social responsibility in relation to licensed premises. The Board therefore considers it appropriate and proportionate to include a condition on all licences as follows: Page 35
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14 "The licence holder must have in place a duty of care policy to ensure a standard approach is taken when any patron appears to be displaying signs of excessive intoxication. The purpose of this policy is to reduce vulnerability through intoxication, however attained. All staff must have additional training in identifying signs of excessive intoxication and an enhanced awareness of vulnerability through intoxication. This should include use of material such as the 'Who are You' video (whoareyou.nz) or similar. All related training should be recorded and such records available for inspection by Licensing Standards Officers." 6.2 Children in Licensed Premises It is a licensing objective that children and young people should be protected from harm. The Act defines “a child” as a person under the age of 16. A “young person” means a person aged 16 or 17. The protection of children and young persons from harm is an important consideration for the Board and the Board will welcome measures from applicants to increase accessibility for families, where appropriate, including provision of facilities suitable for children and young persons. In general applicants are free to choose whether to allow access for children and young persons including the terms of such access, the ages to be allowed, the times for access and the places to which access will be granted. Detailed arrangements should be made very clear in the operating plan. The Board will generally make a site visit to inspect the premises both in respect of new premises licence applications as well as applications to vary the provisions for access for children/young persons. The Board has decided that it will not automatically add conditions to a premises or occasional licence where children and young persons are to be allowed access. Instead, once particular area(s) have been identified the onus will be on applicants to demonstrate to the Board that those areas are suitable for children and/or young persons. Applicants should consider doing this through the medium of the risk assessment. This again emphasises the importance of applicants completing the risk assessment document. If the pro-forma document itself is felt to be inadequate then applicants are free to supplement the same with as much information as possible. The Board will take into account the local knowledge of members about particular premises and may call applicants to a hearing to be questioned on the suitability of access for children and young persons. The Board will naturally be more concerned about children and young persons potentially entering a vertical drinking establishment. In traditional “bar” type premises or areas the general atmosphere is less likely to be suitable for under 18’s as adults tend not to moderate their behaviour. Problem indicators would include: • General culture of drinking and/or vertical drinking • Absence of substantial food • General absence of tables/chairs • TV screens e.g. televised sport • Pub games like pool and darts that are not separated (e.g. in another room) from the main bar area • General adult atmosphere or areas e.g. unsuitable language and/or behaviour Page 36
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15 In addition the Board is concerned with ensuring that wherever possible children and young persons are not required to pass through unsuitable areas in order to reach the toilets. Of less concern will be those premises that establish a family friendly atmosphere with facilities designed to cater for families, including children and young persons. This may include areas such as: • Areas set aside specifically for use by families or children or young persons (note such areas should be identified on the layout plan in accordance with Regulations) • Dining areas • Designated function halls • Bars with more of a traditional lounge bar atmosphere e.g. tables, chairs, carpets Whether or not designated play areas exist, where applicants detail areas to which they intend to allow access for children and young persons it would be helpful for applicants to detail the sorts of facilities that will be available in those areas. Applicants should pay particular attention to matters set out below when addressing the suitability of areas for children/young persons: • Times for access. Suitability will be derived from a combination of information detailed in the operating plan. An essential element of this is the times as to when children/young people will be allowed access. Times will examined in detail by the Board and times will need to be justifiable in terms of suitability. Traditionally 8:00pm (20:00) has been considered as a suitable terminal hour for younger children. However the Board recognises that changes in lifestyles and attitudes mean it is more common for families to eat later in the evening. It is noted that tourists are often accustomed to later dining hours. Therefore the Board considers 8pm to be unduly restrictive and is of the opinion that 10pm (22:00) is a suitable terminal hour reflecting liberal international practice and the wish to promote female and family friendly environments and eating and drinking cultures. • The Board recognises that certain activities like functions may justify later access. Particular attention will be paid to applications that appear to request persistent late night access for under 18s. • Applicants should consider the suitability of children having access to gaming machines. Gambling is regulated by the Gambling Act 2005 and for gaming purposes children are considered to be all under 18s. Under that Act applicants have a duty under the Gambling Act 2005 to ensure that children do not access gaming machines above category D (as specified in the Gambling Act 2005). Licensed premises may have both Category C and Category D gaming machines and applicants should consider siting Category C machines (or possibly all machines) away from family-friendly areas, especially where no, or no satisfactory, measures in place to deny children or young persons access. • The Board recognises that it is becoming more common for families to want to play games such as pool together. The Board is of the opinion that pool (or similar) tables may be suitable for children or young persons to access under the right circumstances/conditions. Again applicants should consider the proximity of any bar area and the potential for vertical drinking creating an unsuitable atmosphere. Applicants should also address in the risk assessment the desirability of moving tables away from such areas or at least decommissioning them at certain times. • Dart boards or any such similar game(s) equipment are generally not suitable to be deployed and used in areas of licensed premises at times when children may have access. Where applicants wish to do so then they should address the issues in the risk assessment. The Board considers that access for young people to these facilities should be explained in the risk assessment. This will be particularly Page 37
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16 true where young people may be taking part in darts leagues where the presence of adults in a vertical drinking atmosphere may render access unsuitable. • Families are often welcomed into licensed premises for the purpose of dining and a dining room will generally be one of the more suitable areas for access for children and young persons. Where catering facilities are offered applicants should consider the desirability of making children’s portions and/or specific food suitable for children available. To address the above, where the Board considers that inclusion of a particular item within child-friendly areas is not consistent with the licensing objectives and where it appears necessary to the Board to promote the licensing objective of protecting children from harm, in areas and at times to which children have access to licensed premises the Board may consider adding conditions as follows:- • Category C machines (or possible all gaming machines) should be cited away from child-friendly areas and measures should be put in place to the satisfaction of the Moray Licensing Board to ensure that children and young persons are denied access. • Pool tables / dart boards / similar game(s) or equipment should be moved away from areas where children and/or young persons have access and/or measures should be put in place to the satisfaction of the Moray Licensing Board to ensure that children and/or young persons are denied access. • Children’s portions and/or specific food suitable for children should be made available at times when children and/or young persons are present and catering facilities are on offer. Each case must be judged on its own merits. Therefore this list is not, and cannot, be an exhaustive one. The Board reserves the right to add further conditions in specific cases. 6.3 Baby changing It is a mandatory condition attached to all premises licences where alcohol is sold for consumption on the premises and to which children under the age of 5 are to be admitted that there must be facilities for baby changing which are to be accessible to all. There is no definition of what constitutes baby changing facilities. Usually customers would expect to have somewhere to go as a safe environment to change a baby. Many premises have facilities incorporated into an accessible toilet. Alternatively there are specially designed, portable baby changing tables / trolleys. Members’ Clubs are exempt from this premises licence condition. 6.4 Outdoor Areas Outdoor areas will normally form part of the licensed area of the premises and should be clearly defined on the layout plan. This is essential in places that are the subject of a byelaw against drinking in public places. Where an outdoor area is not part of the licensed area of the premises then it can only be used for the consumption of alcohol where the premises has the facility to sell alcohol for consumption off the premises and where no byelaw is in place. The Moray Council Environmental Health section can provide advice regarding smoking shelters. Use of pavement areas for outdoor drinking facilities is subject to permission from the Council’s Roads department, which should be obtained separately. Particularly for Page 38
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17 pavement areas, applicants should give consideration to the following matters and where appropriate some or all of these matters may be the subject of conditions on the licence: - the outside area will be delineated for patrons in accordance with the layout plan, this may include the use of barriers - use of the outside area for consuming food and alcohol will normally be subject to patrons being seated and therefore use will be limited by the number of seats available - the maximum number of seats available should be stated so as to ensure that no patron strays outside of the licensed area - patrons should not normally be allowed to take any drinks (including alcohol) or food outside the premises (which expression includes the outside area) other than off sales sold on the premises - the licence holder will provide adequate signage in appropriate places to advise patrons of the terms of use of the outside area and particularly to warn patrons that consumption of alcohol outside of the premises (inclusive of the outside area) will be an offence if there is a byelaw against drinking in public places - the terminal hour for the consumption of food and alcohol within the outside area shall generally be 22:00 (10:00pm) after which food and alcohol will not be allowed in the outside area - consideration should be given as to when children and young persons will be allowed in the outside area –up to 22:00 (10:00pm) - the tables, chairs and associated furniture/removeable items will be removed from the outside area immediately following closure of the outside area and the area will be cleared by 22:30 (10:30pm). Tables, chairs and associated furniture/removeable items will not be placed outside before 08:30 (8:30am) - the outside area will be suitably monitored (along with the remainder of the premises) at all times it is in use whether for eating, drinking or smoking for example by the use of CCTV, and staff (including door staff whether employed or contracted for) for compliance with all conditions - the outside area should be controlled and reasonable efforts must be made so as to minimise potential noise and/or light nuisance to neighbours and no music amplified or otherwise will be permitted in the outside area - the premises will provide suitable receptacle(s) for patrons to dispose of rubbish, particularly that related to smoking, and will ensure that the outside area remains clean and tidy at all times 6.5 Members Clubs Members Clubs that are qualifying clubs enjoy certain exemptions/privileges. Those include reduced fees, no requirement to have a premises manager etc. For a club to qualify, its constitution must contain a whole list of matters as set out in the Clubs Regulations. In turn the club must comply with its constitution. It is also an essential element of any Members Club/Voluntary Organisation that it is established and run otherwise than for financial gain. A club must not be conducted for the purpose of making a profit. Clubs will be asked to provide a copy of their constitution with any application. Clubs should also keep the Board advised of changes to the constitution. If all the required provisions are not in the constitution, then it does not prevent the club being a club or even holding a licence. It will mean, however, that all the exemptions like reduced fees will be lost. Similarly, if the provisions are in the constitution but are not being complied with then again it will mean the loss of all privileges or even the loss of the licence itself if the Moray Licensing Board decides to hold a review hearing. Page 39
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18 Two key requirements for a qualifying club mean that anyone who is to be supplied with alcohol on the premises must be: • a member or genuine guest of a member or a member of another qualifying club; AND • for guests properly signed in. There is no obligation to sign in persons who are not supplied with alcohol but in practical terms it would seem easier just to sign everyone in. Otherwise clubs will need to be very sure that such persons will not be supplied with alcohol. It is also the case that where a non member is to be supplied with alcohol then: • he/she must be on the premises at the invitation of a member and must be accompanied by that member; AND • he/she must be signed in. There is no definite answer to the question of, how many people can be signed in? The answer may be stated in the club’s constitution. If not then the natural limit will be the number of people that the member can reasonably accompany. It would not generally be acceptable, for example, for members to sign a blank visitors book and leave anyone and everyone to simply sign their name underneath. If a member is inviting a guest then the member should really know everyone who is there at his/her invitation. Another privilege enjoyed by clubs is the ability to apply for an occasional licence, even where a premise licence is currently in force. This is a very important entitlement because the normal members and guests and signing in rules are suspended when an occasional licence is in force. This means that a club can admit members of the public in general and can supply them with alcohol without having to sign them in, by obtaining an occasional licence for that particular occasion/event. By virtue of it being a very generous provision, clubs are limited in the number of occasional licences that can be obtained. So the entitlement must be used but must also be used wisely. The limit is: • not more than 4 occasional licenses each having effect for a period of 4 days or more; and • not more than 12 occasional licences each having effect for a period of less than 4 days provided that, in any period of 12 months, the total number of days does not exceed 56. 6.6 Hours The overriding principle is that each application will be considered on its individual merits. The Board expects that customers be given adequate notice about opening hours in general and advanced warning of last orders and time. This may be in the form of signage as well as announcements. In terms of the adequacy of an advanced warning, what is adequate will vary with circumstances but applicants may consider 30 minutes as reasonable in this regard. To assist applicants the Board has given the following general indications with regard to opening hours: 6.6.1 General Operating Hours Licensed hours must be detailed in the operating plan of every premises. Page 40
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19 The Board will generally consider applications for up to 15 hours in any 24 hour period as being reasonable. Any application for licensed hours for more than 15 hours will be the subject of additional scrutiny and applicants may be expected to justify their requests. The Board does not wish to unnecessarily inhibit the development of a thriving and safe evening and night-time local economy, which is important for investment, employment, and tourism. 6.6.2 Off Sale Hours The Board must refuse an application for off sales that would result in alcohol being sold before 10.00 a.m., after 10.00 p.m. or both on any day. However, this does not automatically mean that applicants requesting an off-sales licence for the whole of the time from 10.00 a.m. to 10.00 p.m. will automatically be granted the same. The Board will still have regard to the licensing objectives. 6.6.3 24 Hour Opening The Board observes the presumption against routine 24 hour opening of licensed premises. The Licensing Board must refuse the application unless they are satisfied that there are exceptional circumstances for justification. In this context limited exceptional circumstances will only be justified by a specific event of very high local, national or international importance. 6.6.4 Early and Late opening Hours 6.6.4.1 Early Opening Early opening will be considered as any premises that wish to open before 11:00 a.m. Where such an application is made the Board is of the opinion that it would be more consistent with the licensing objectives for the operational emphasis to be on food or tourism as opposed to vertical drinking establishments. The Board will expect applicants to demonstrate measures that promote the licensing objectives. The Board further considers that it would be difficult for any application to justify the sale of alcohol prior to 9:00 a.m. unless there are exceptional circumstances. 6.6.4.2 Late Opening The national position is that late opening will be considered as any premises that wish to remain open after 1:00 a.m. Such premises will be subject to mandatory late opening conditions and the Board may attach further conditions. The later a premises wishes to open, the more the Board will expect applicants to demonstrate measures that promote the licensing objectives and justify the request for late hours. The Board further considers that it would be difficult for any application to justify the sale of alcohol after 3:00 a.m. unless there are exceptional circumstances. The Board will continue to support local Schemes such as Pub Watch, Safer City Centre Initiatives, Door Safe Schemes and Best Bar None. The Board recognises that Voluntary Schemes amongst licensees can reduce public disorder and nuisance offences taking place within local communities. Where appropriate, the Board will encourage membership of such Schemes. 6.6.5 Curfew Certain late opening premises have traditionally been subject to a curfew in Moray. The curfew is designed to prevent customers intending to drink past 1:30 a.m. from drifting between premises and/or remaining on the streets to possibly be the source of antisocial behaviour, public nuisance or public disturbance. It also staggers leaving times for certain premises thus reducing the overall numbers of people on the streets at any one time. Page 41
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20 The Board considers that the curfew is no longer an effective and proportionate means of promoting licensing objectives and such a condition should not automatically be attached to any premises licence. The Board may consider such a condition (in accordance with wording below) to be appropriate in response to a particular application or set of circumstances, however it will no longer be automically added to licences. It is understood that applicants can take their own view on the use of curfews in respect of their own premises and set curfews as they consider appropriate. This is a sample of the curfew condition: Curfew The premises will be subject to a curfew at any time when the premises will be open after 01:30 (1.30am), including seasonal variations. A curfew will apply at 00:30 (12.30am) such that the premises must deny entry to patrons (except residents) after 00:30, including re-entry to those patrons (except residents) that leave the licensed area of the premises for any reason after 00:30. 6.6.6 Seasonal Hours This section should include details of all hours in respect of regular/special events that can be anticipated. Christmas and New Year are obviously special occasions but given that they occur every year on the same dates allowance should be made for opening hours within operating plans. The Board issues Christmas and New Year guideline hours and applicants that include reference to those guideline hours within their operating plan will be allowed to trade to those hours if they wish. Licensing hours required outside of those detailed in the operating plan would have to be the subject of an extended hours application. 6.6.7 Drinking Up Drinking up time is 15 minutes under normal circumstances and 30 minutes where alcohol was sold for consumption with a meal. Premises should consider a winding down policy and measures within such a policy to promote the licensing objectives through effective dispersal of patrons. 6.6.8 General Extension of Hours On occasions of national, local or possibly international significance the Board has the authority to apply a general extension of licensing hours. The Board will notify those affected of the granting of any general extension of hours. Such grants will always be posted on the Licensing Section of the Moray Council’s website. In addition, in respect of either sector or local specific grants, the Board will notify premises individually. The Board may also publish details in local newspapers as it sees fit. 6.6.9 Duty to Trade The information provided in operating plans will enable the Board and the LSO to determine if a breach of the operating plan and/or the licence conditions has occurred. Where this is the case the LSO or the Board may initiate a review of the licence. Applicants should note that the Act allows anyone to apply to the Board for a review of the licence on any of the grounds set out in section 36 of the Act. Page 42
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21 Applicants should not, for example, grossly overestimate their trading hours “just in case” they may be required. The Board recognises that there may be circumstances that would reasonably cause a temporary reduction in the trading hours given in the operating plan. Such circumstance will not ordinarily be considered a breach of the operating plan. The Board also recognises the need for businesses, especially in a rural environment, to remain economically viable when faced with a lack of demand. Licensed premises may wish to close early owing to a lack of customers and, therefore, not trade for their full complement of licensed trading hours. In this regard there is not considered to be a duty to trade and this will not ordinarily be treated as a breach of the operating plan. However, in considering such issues, the Board will give particular attention to whether these “un-used” hours are preventing new entrants into the market. If so, it may be appropriate to review and/or amend the operating plan of the premises concerned. 6.6.10 British Summertime (BST) Section 66 of the Licensing (Scotland) Act 2005 states that the beginning or, as the case may be, ending of BST is to be disregarded for the purpose of determining the time at which that period of licensed hours ends and, accordingly, the period ends at the time it would have ended had BST not begun or ended. Traditionally the time for changes to the clock is 1:00 a.m. Greenwich Mean Time (GMT). Start of BST On such date as is prescribed as the date in the Spring when the clocks go forward to mark the change over to BST at 1:00 a.m. GMT clocks go forward to 2:00 a.m. BST. Licensees who enjoy licensing hours beyond 1:00 a.m. GMT will be judged by reference to the number of hours after midnight when their operating plan authorises them to be open rather than by the actual time shown on the clock. This will mean that licensees who enjoy hours until 3:00 a.m. will have 3 hours beyond midnight. The clocks will move forward at 1:00 a.m. to 2:00 a.m. At that point the terminal hour will be when the clock shows 4:00 a.m. (assuming immediate alteration of the clock). End of BST On such date as prescribed as the date in the Autumn when the clocks go back to mark the changeover from BST back to GMT at 2:00 a.m. BST clocks go back to 1:00 a.m. GMT. Licensees who enjoy licensing hours beyond 1:00 a.m. will similarly close according to the number of hours after midnight which they are authorised by the Licensing Board to be open rather than the actual time shown on the clock. Therefore premises licensed until 3:00 a.m. will close 3 hours after midnight, when the clock should again show 2:00 a.m. (assuming immediate alteration of the clock). Any Licensee who enjoys hours up until 1.00 a.m. is unaffected by the change of clocks. The Board does not accept that those licensed until 1.00 a.m. gain an additional hour on the changeover to British Wintertime. Page 43
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22 6.7 Byelaws The Moray Council has introduced bye-laws prohibiting the consumption of alcohol in designated public places. These bye-laws in terms of the Local Government (Scotland) Act 1973 currently apply to Elgin, Forres, Buckie, Keith and Lossiemouth. The effect of the bye-laws is that any person who consumes alcoholic liquor in a designated public place shall be guilty of an offence. Licensed premises and Registered Clubs are exempt from the bye-laws. The bye-laws also state that they shall not have effect on 31 December from 6:00 p.m. until the end of that day and on 1 January until 6:00 a.m. As licensed premises are exempt from any byelaw it is in the interests of applicants to take care to clearly mark on layout plans where external areas are to be counted as part of the licensed premises, for the purpose of outdoor drinking. Applicants within areas affected by a bye-law should also take all reasonable steps to exercise control over the outside area, notify customers of the existence of the bye-law and the obligation not to consume alcohol in public. 6.8 Underage Drinking The Board strongly supports the use of the Access Moray Young Persons Card, which bears the Proof of Age Standards Scheme logo (PASS logo) available free to all young people under 26. To protect children and young persons and avoid crime the Board strongly urges licence holders and their staff to require the production of valid identification cards on a “no ID – no sale” basis. Licensees are therefore strongly urged to practice due diligence to avoid underage sales. Due diligence will include: • complying with the requirement to have an identification/challenge policy, i.e. to require ID if a customer appears under 25. This should also include clear signage to leave customers in no doubt as to the policy; • training staff in the policy; • ensuring that staff and customers comply with the policy; and • keeping records regarding compliance including refusals. This list is only illustrative and is not exhaustive. 6.9 Irresponsible Promotions Protecting and improving public health is a licensing objective and the Board will view actions that encourage binge drinking as a serious matter. Measures to tackle irresponsible drinks promotions will be welcomed. The Board will require clear evidence linking the sale of alcohol to an inducement to the consumer to immediately drink to excess before a promotion will be considered as possibly irresponsible. Initially complaints should be dealt with at a local level by the Licensing Standards Officer, who will mediate between the licensee and the Board to agree whether or not any promotion breached the mandatory licence conditions. In most cases it is hoped that these cases can be resolved in discussion between the LSO and the licensee without any sanctions being applied by the Board. However, where the Board feels that further action is appropriate, it may instigate a review hearing to determine what action, if any, needed to be taken against the licensee concerned. Page 44
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23 6.10 Overprovision Section 7 of the Licensing (Scotland) Act 2005 requires each Licensing Board to include in its policy statement: a statement as to the extent to which the Board considers there to be an overprovision of:- (a) licensed premises, or (b) licensed premises of a particular description, in any locality within the Board's area. The Moray Licensing Board has undertaken a recent assessment of overprovision and a copy of that assessment is included at Appendix II. The Board has also considered the report of Alcohol Focus Scotland, April 2018 “Alcohol Outlet Availability and Harm in Moray”. For reasons given within the assessment it has not been possible to identify any locality within Moray where data supports a robust and compelling argument that the prevalence of licensed premises has reached, or is close to reaching, saturation point. Therefore there is no presumption against the granting of new licences within any locality within Moray. Nevertheless, the Moray Licensing Board recognises that each application for a premises licence is still to be judged on its own merits. 7 Licensing Standards Officer (LSO) The LSO for the Moray area can be contacted at The Moray Council, Council Offices, High Street, Elgin IV30 1BX or via licStandardsOfficers@moray.gov.uk. There is one full-time LSO whose remit includes advice, guidance, mediation and compliance. The LSO cannot provide legal advice on particular issues and advice should be sought from a solicitor. The Board will work with the Police, LSO, Fire Authority, and other Council departments for the targeting of agreed problem and high-risk premises. Lower risk premises which are well managed and well maintained will be subject to less regular inspections. 8 Other Regulation The Moray Licensing Board will not be used as an enforcement agency for other regulatory regimes. Accordingly the Board will avoid, so far as possible, duplicating the roles of other regulatory regimes. Licensing law is not the primary mechanism for the general control of nuisance and antisocial behaviour by individuals once they are no longer on the Licensed Premises and beyond the direct control of the licence holder. The Board encourages applicants to consult with other relevant bodies when preparing their operating plans and any risk assessment. Responsibility lies with applicants to comply with other regulatory regimes provided for by other Acts and Regulations. Applicants should make themselves aware of the requirements of other regimes and enforcement bodies and comply with the same. Complainants that come to the Moray Licensing Board regarding matters that could more properly be dealt with by other enforcement bodies will automatically be directed to the appropriate person(s). Applicants should also be mindful of the duty of Social Responsibility described above. Page 45
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24 The Board has a duty to promote the licensing objectives and, in this regard, will view certain matters as particularly serious and as having an impact on the regulation of the sale of alcohol, the premises on which alcohol is sold and connected purposes within the terms of the Licensing (Scotland) Act 2005. Examples of particularly serious matters are included at Appendix III. 8.1 Partners 8.1.1 Police The Board has asked the Police as a responsible authority to prepare a note on possible scenarios relating to licensed premises for door stewards to consider, for example search and seizure procedures. The Moray Council and the police also operate in partnership in respect of local CCTV. Guidance on the specification and use of CCTV appears on the Licensing Board’s website pages and is subject to updating from time to time. A copy is provided at Appendix IV. Both of these documents have been produced on the Moray Council website and should be referred to by applicants. 8.1.2 Environmental The Board has also asked The Moray Council Environmental Services Department as a responsible authority to prepare useful information and applicants will find at Appendix V a guide to preventing noise nuisance from licensed premises. 8.1.3 Fire The Board is supportive of fire safety within licensed premises therefore where appropriate will include information about fire safety requirements to inform and encourage operators to comply with legislation. 8.2 Relationships with other Regulatory Regimes Matters raised in relation to any application must be on relevant grounds and must relate to the sale of alcohol. Inevitably there will be a cross over between the licensing objectives and matters relevant to other regulatory regimes e.g. noise, planning, smoking, unsafe premises, fire prevention etc. Matters under these headings all relate to the licensing objectives. However they are also covered by other legislation and other regulators. Where it is considered that objectors or representers are merely using the licensing system to their own ends rather than addressing the licensing objectives then matters raised may be rejected as vexatious. 8.2.1 Short-term Let Licence Accommodation When applying for a premises licence in respect of short-term let licence accommodation, applicants are required to demonstrate their corporate and social responsibility and how the sale of alcohol will be supervised. The Board may seek additional information to demonstrate how the sale of alcohol will be supervised within short-term let licenced accommodation. 8.3 Extra Information for Partner Organisations Please refer to section 10.1.1 below. Where further information is sought then applicants are strongly advised to provide the same with their application. In the absence of information that may be required by consultees/partner organisations to meaningfully comment the application may be delayed by objections/representations that will need to be addressed (by additional information) before the application can proceed. Page 46
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25 9 Types of Licence & Applications For application processes please see section 10 below. There are several types of Licenses and Applications: 9.1 Premises The operating plan should set out clearly the applicant’s proposals including the activities that would be undertaken on the premises, proposed opening hours and their policy in relation to access for children. The Moray Licensing Board will welcome accessibility for families including children and facilities suitable to cater for children. The Board should be able to determine with certainty the kind of operation which would be permitted in terms of the licence, and be assured that the premises will continue to operate on that basis once a licence is granted. 9.2 Personal Licence Every premises will require one or more personal licence holders. The personal licence is intended to ensure that anyone managing premises is suitably capable of doing so. Whilst the Act requires every sale to be "authorised" by a personal licence holder, such authorisation can be a general one. The Board will expect the terms of any general authorisation for the sale of alcohol to be specific, available for inspection by any LSO, brought to the attention of and signed by all parties involved and enforced by the premises manager. The Board does not consider that a personal licence holder is required to be on the premises at all times. However where a personal licence holder is not present they are not removed from all responsibility. This should be addressed in the terms of the authorisation 9.3 Occasional Licence An occasional licence will be subject to the mandatory conditions as set out in Schedule 4 of the Licensing (Scotland) Act 2005. An occasional licence may also be subject to the following: • The Board’s condition regarding a curfew if appropriate for which see section 6.1.5 above • The mandatory condition regarding first aid as contained in Schedule 3 to the Licensing (Scotland) Act 2005 • The Board will take any consultee response into account when granting a licence and before making a final decision may seek agreement from the applicant as to whether the applicant agrees certain conditions. The Board may publish a list of possible conditions to which the licence may be subject from time to time. • . NB where stewards are required applicants are advised to review the requirements for stewards to have appropriate SIA registration at https://www.gov.uk/government/organisations/security-industry-authority The following matters are also relevant to occasional licences: • Occasional licenses authorise the sale of alcohol only and the issue of a licence is not to be taken as any endorsement of the event or other arrangements e.g. those related to building standards, fire safety or food hygiene. It is always up to the organisers to undertake their own risk assessments and organisers remain Page 47
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26 responsible for public safety. Licences may be issued with a disclaimer to that effect. 9.4 EU Services Directive & Electronic Applications Applications can be accepted in electronic format, paper format or a combination of the two. 10 Applications Processes 10.1 General Pre Application Matters 10.1.1 Information & Documents Required 10.1.1.1 Risk Assessment The Board strongly recommends that applicants complete a risk assessment in respect of the premises and to provide a copy of this to the Board with the application and operating plan. Licensees are reminded that all activity directly connected to their premises, both inside and out, should be considered. Adopting a risk assessment approach will mean that applicants should better understand what steps are required to complete the operating plan in a manner which enables the Board and Responsible Authorities and Interested Parties to assess how they will seek to promote the licensing objectives. A risk assessment is as individual as an operating plan and will vary according to the nature of the business. The Board recognises that applicants best understand their business and it is for applicants to decide what is appropriate in each case. If a risk assessment is not completed then applicants should be demonstrating how these matters have been addressed through the operating plan provided. Applicants are particularly directed towards the section regarding children in licensed premises (at 6.2) as the risk assessment will be particularly important in this regard. The pro-forma risk assessment can be found at Appendix VI. 10.1.1.2 Operating Plan The operating plan for the premises should comply with regulations. Every operating plan must set out clearly the applicant’s proposals including the activities that would be undertaken on the premises, proposed opening hours and their policy in relation to access for children. Operating plans will encourage a flexible licensing regime. They must make clear to the Board how the premises are to be run, including full details of all activities to be undertaken on the premises and the times they will be undertaken. This will include seasonal variations. Operating plans must be provided with each application in a prescribed format and should be particular to each premises and not completed in general terms. The operating plan should include detailed information and, in turn, the information provided will enable the Board to make an informed decision and later determine if a breach of the operating plan and/or the licence conditions has occurred. The Board recognises that it is not always possible for licence holders to predict customer demand and requirements. However a balance must be struck between vague references to potential activities and definite details of actual activities. Matters that cannot be predicted when formulating an operating plan can be the subject of an Page 48
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27 occasional license, an occasional extension or, for regular activities, a variation to the operating plan. Where a material breach of the operating plan has occurred, the LSO or the Board may initiate a review of the licence. The Act allows anyone to apply to the Board for a review of the licence. 10.1.1.3 Layout Plan The layout plan of the premises should comply with Regulations. Where applicants wish to depart from the prescribed scale then plans that are line drawings will be accepted on a scale of 1:50. Only 3 additional layout plans are required for licence applications. Applicants are requested to pay particular attention in plans to area(s) where alcohol will be sold, seating arrangements and area(s) suitable for children, beer gardens, outdoor seating areas and smoking areas. Where the premises cover more than one floor then there should be a layout plan for each floor. The Board expects plans as far as possible to be of good quality. Inadequate and/or illegible plans may be rejected. Plans will be accepted in paper or electronic format. For ease of distribution and security applicants are requested to note that wherever possible electronic format should be .pdf. Other types of specialist application, like .cad, or general applications prone to manual alteration should not be used as they may hinder processing and delay issue of any licence. In addition electronic format files should be under 4 megabytes in size. This is owing to physical limitations of the current computer systems that support the Board’s functions. Applicants are warned that file sizes over this limit may not be delivered at all and may not, therefore, be processed. 10.1.2 Guidance & Information Available Guidance is available on the Moray Licensing Board’s web pages (at www.moray.gov.uk/licensing) or upon request (see contact section 3.4 above). 10.1.3 Forms and Fees Forms and details of fees are also available on the Moray Licensing Board’s web pages (at www.moray.gov.uk/licensing) or upon request (see contact section 3.4 above). 10.2 General Processing of Application 10.2.1 Timescales Attached at Appendix XI is a list of application types and their respective processing target dates. The Moray Licensing Board aims to process all applications within the target dates and in many cases processing times will be significantly shorter than those quoted. Tacit consent will not apply to the types of applications listed as it is a criminal offence to sell alcohol without the correct licence in place. 10.2.2 Hearings Page 49
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28 The Moray Licensing Board has produced a standard set of hearing procedures that are set out in full in Appendix IX. The Moray Licensing Board will always endeavour to ensure that the rules of natural justice are observed. Hearings will generally be conducted in public although The Moray Licensing Board may deliberate in private. In exceptional circumstances, for example to protect a particular commercial interest, a party may request that a hearing be conducted in private. Consideration will be given to this having regard to the interests of natural justice, fairness and potential prejudice to other parties. In general a hearing will take the form of a discussion led by The Moray Licensing Board and in particular the Convenor. The Moray Licensing Board wishes to create, as far as possible, a less formal and more relaxed atmosphere so as not to intimidate parties. Each party will have the opportunity to address the Board and present evidence. 10.2.3 Conditions The Board when considering any premises licence whose operating plan states that they wish to operate after 1:00 a.m. may find it appropriate to supplement the mandatory late opening conditions with other conditions. Sample additional conditions can be found in Appendix VII. 10.3 General Post Application All licences issued are subject to a disclaimer. Personal licences will be issued with a credit card style badge as evidence that the holder has a personal licence. The badge does not take the place of the paper licence. It is merely issued for convenience so that the holder can carry evidence of the licence without having to carry the licence at all times. The police and the LSO have agreed to accept the badge as evidence that a licence is in place but they may still require production of the paper licence itself. Where first aid is required as part of a mandatory or discretionary condition on any licence, the Moray Licensing Board has decided that the training standard set by the Health and Safety Executive for either the Basic First Aid at Work (FAW) or the newer Emergency First Aid at Work (EFAW) certificate will be adopted as suitable for the purpose of the mandatory condition. The standard adopted is equivalent to emergency first aid being a 6 hour one day course designed to meet the needs of persons appointed to be first aiders in the work place which covers those aspects of first aid required to meet emergency situations such as bleeding, breathing and resuscitation. The HSE runs an accreditation scheme for first aid training providers and currently publishes a list of training organisations approved by the HSE to deliver First Aid at Work courses. HSE first aid certificates expire after 3 years and towards the end of that period the certificate holder needs to undergo a refresher first aid course in order to renew the certificate. This will be a requirement of continuing to hold a valid certificate. 11 Scheme of Delegation Attached at Appendix VIII is a copy of the Board’s scheme of delegation. Page 50
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29 12 Other Board Policies 12.1 Gambling Attention is drawn to the Board’s Statement of Licensing Policy under the Gambling Act 2005 which can be accessed by following this link: http://www.moray.gov.uk/downloads/file121627.pdf 12.2 FOI Publication Scheme The Board has adopted a freedom of information scheme under section 23 of the Freedom of Information (Scotland) Act 2002. A copy of this scheme can be accessed on the Moray Council website – www.moray.gov.uk/licensing 12.3 Equalities The Board has equality schemes in respect of race, disability and gender. The schemes can be found on the Moray Council’s website at the following link: www.moray.gov.uk/licensing 13 Complaints Procedure The LSO will investigate complaints against licensed premises in relation to matters relating to the licensing objectives for which the licensing Board has responsibility. In the first instance, complainers are encouraged to raise the complaint directly with the licensee or business concerned to seek a resolution. The Moray Licensing Board will expect all complaints to go through the mediation process before being referred to the Board. Where a matter is not resolved by mediation, the Board will give each party the chance to make written submissions and comments on the other party’s submissions before making a decision based on the facts. The Board may also choose to hold a hearing and will give the parties reasonable notice if they do so. If a hearing is to take place, procedures regarding the conduct of hearings can be found in Appendix IX. The Board will consider the activities listed in Appendix III to be particularly serious matters when considering enforcement of the licensing objectives. A full copy of the Complaints Procedure is also included at Appendix X. The Board has adopted a freedom of information scheme under section 23 of the Freedom of Information (Scotland) Act 2002. A copy of this scheme can be accessed on the Moray Council website – www.moray.gov.uk/licensing Page 51
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