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Agenda Document Pack - Licensing Board - 01/05/2024

Moray Council · 1 May 2024
Back to Licensing Board — 1 May 2024 and its agenda

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Licensing Board 
Wednesday, 01 May 2024 
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,
01 May 2024 at 14:00. 
BUSINESS 
1. Sederunt 
2. Declaration of Member's Interests 
3. Minute of meeting held 7 February 2024 5 - 8
4. Application List for Board 01 May 2024 9 - 12
4a. Linn House 24-00343-PREVMA 
4b. Rothes Golf Club 24-00468-PREVMA 
4c. Royal British Legion Scotland Forres Branch 24-00336-
PREVMA 
4d. Deans of Elgin 23-01711-PREVMA 
4e. Lodge Pitgaveny 681 24-00481-PREVMA 
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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. 
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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 
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MORAY COUNCIL 
Minute of Meeting of the Licensing Board 
Wednesday, 07 February 2024 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James  Allan, Councillor Peter Bloomfield, Councillor Tracy Colyer,
Councillor David Gordon, Councillor Scott Lawrence, Councillor Sonya Warren 
APOLOGIES 
Councillor Neil Cameron, Councillor Ben Williams 
IN ATTENDANCE 
Sean Hoath, Depute Clerk to the Board; Jennifer Smith, Solicitor; Emma Rapley,
Licensing Standards Officer; Lindsey Robinson, Committee Services Officer, all
Moray Council, and PC Mitchell Dickson, 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 held 15 November 2023 
The minute of the meeting held 15 November 2023 was submitted and approved. 
4.         The Capercaillie 23-02604-PRELIC 
The Depute Clerk to the Board introduced the application as a new premises licence
and advised the Board that some paperwork was still outstanding so if they were
minded to grant the licence it would be provisional until the final section 50
certificates were received.   
3 Board members attended a site visit to the premises. 
PC Dickson 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
other wise minded the licence was granted. 
5.         Food Vault Burger and Grill 23-02634-PROLIC 
Item 3.
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The Depute Clerk to the Board introduced the application as a provisional premises
licence and advised the Board that all of the paperwork was now in place.   
3 Board members attended a site visit to the premises. 
PC Dickson confirmed that there was nothing more to add from Police Scotland. 
The applicant’s representative addressed the Board and responded to the questions
asked. 
Thereafter Councillor Allan moved that the licence be granted and this was
seconded by Councillor Bloomfield.  There being no one other wise minded the
provisional licence was granted. 
6.         Macallan Distillery 24-00091 PREVMA 
The Depute Clerk to the Board introduced the application as a major variation.  All
paperwork is in order and there are no representations or objections. 
3 Board members attended a site visit to the premises. 
PC Dickson 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
other wise minded the variation was granted. 
7.         Review of Premises Licences 
The meeting had before it a report by the Clerk to the Board asking the Board to
conduct a hearing to consider and determine the premises licence review proposal
in respect of each of the premises listed in the schedule circulated separately to
members. 
During consideration the Depute Clerk to the Board advised that it would be unfair to
bring the small number of premises with outstanding fees to this Board as the wrong
process was followed.  These premises were reported to a debt collection agency
instead of being report back to the licensing team to be brought before the Board for
consideration.  An investigation will take place into how this happened.  The report
would come to the next meeting. 
Councillor Warren was concerned that the licence holders may have been charged
an additional fee charged by the debt collector, and sought clarification on who
would be liable for the additional costs if the debt collectors did not remove them. 
The Depute Clerk to the Board advised that it had not yet been determined as the
investigation was ongoing.  He further explained that invoices are issued
every August for payment by October.  The first meeting after that to highlight the
non-payers is the February meeting as the process only starts 6 weeks after the due
date so it would miss the November meeting. 
The Chair moved to include a special meeting if necessary to allow for an earlier
look at the non-paying licence holders.  This was seconded by Councillor Warren. 
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Following consideration, the Board agreed: 
i.
to note and determine the premises licence review proposals having regard to
the powers available to the Board under section 39(2) of the Licensing
(Scotland) Act 2005; and 
ii.  to call a special meeting if it is felt necessary to allow for an earlier
determination of the licence review proposals.   
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MORAY LICENSING BOARD 
MEETING, 1 May 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX   
Licensing (Scotland) Act 2005 
1
Type Premises Applicant Date received Comments 
24/00343/PREVMA 
Major Variation 
Linn House,
Station Road
Keith
AB55 5BU
Chivas Brothers Ltd 21.02.2024 All Responses – Satisfactory
No objections/Representations.
Paperwork – All in order
Site Visit – N/A 
Licensed guest house situated off
Station Road, Keith,  providing holiday
Lettings, overnight accommodation,
corporate events and private bookings. 
The premises is staffed at all times
guests are present, with day staff,
evening hosts and night porters
maintaining the premises.  The
premises also provides for catering
services from external providers. 
This is to increase the off-sales
capacity figure from 3.47 cubic
metres to 4.34 cubic metres to
take account of the inclusion of
an additional display area in the
Inner Hallway.   
Item 4.
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MORAY LICENSING BOARD 
MEETING, 1 May 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX   
Licensing (Scotland) Act 2005 
2
24/00468/PREVMA Rothes Golf Club
Blackhall
Rothes
Aberlour
AB38 7AN
Maria Fox
Secretary
08.03.2024 All Responses –
Police requested change to outdoor
drinking times to end at 22:00 – this is
agreed by applicant, also furniture not
before 8:30am and in by 22:30 agreed. 
Paperwork- All in order
Site Visit N/A 
Variation is to bar times and use of
lounge as well as requesting outdoor
drinking area. 
Children will be allowed access from
8am until 7pm if under 12 yrs of age
and 9pm if under 18 years of age.
24/00336/PREVMA  Royal British Legion
Scotland Forres
Branch/Club.
Sanquhar Road
Forres
Moray
IV36 1DG
Eric Duguid 20.02.2024 All Responses – Police objection to
hours and children access.  Applicant
agreed to terms.
Paperwork – In Order
Site Visit – N/A 
Children will only be permitted entry at
such functions where alcohol will be
served are Weddings, Funerals and
private Partys (Birthday, retirement
etc).  Held in function rooms.
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MORAY LICENSING BOARD 
MEETING, 1 May 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX   
Licensing (Scotland) Act 2005 
3
No children will be permitted in main
bar.  With an exemption for
remembrance Sunday.
Children must be accompanied by an
adult.
Children will only be allowed entry
when meals are being served and
accompanied by an adult.
23/01711/PREVMA Dean’s of Elgin
92E High Street
Elgin
IV30 1BJ 
James Dean 15.09.2023 All Responses – Waiting on planning
Paperwork – all in order
Site Visit – N/A 
To change the opening hours for Friday
and Saturday to 11am to 12am.  Also to
provide bar snacks to customers and to
include outdoor drinking at the front of
the premises. 
24/00481/PREVMA Lodge Pitgaveny 681
Masonic Hall
9 James Street
Lossiemouth
IV31 6AU 
Andrew Reddy 11.03.2024 All Responses – Satisfactory
Paperwork – all in order
Site Visit- N/A 
An increase in operating hours
Mon – Thurs 6pm to 11pm
Fri 6pm to 00:30am
Sat 12pm to 11pm
Sun 12pm to 6pm 
No children under 12yrs.
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MORAY LICENSING BOARD 
MEETING, 1 May 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX   
Licensing (Scotland) Act 2005 
4
Children to be directly supervised by
parent/guardian.  Children to vacate
premises by 8pm.
Restricted to hall, kitchen, toilets. 
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