Agenda Document Pack - Licensing Board - 04/09/2024
Moray Council · 4 September 2024
Back to Licensing Board — 4 September 2024 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, 04 September 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, 04 September 2024 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of meeting held 19 June 2024 5 - 8 4. Application List for Board 4 Sept 2024 9 - 14 4a. Ionic Bar 24-00988-PREVMA 4b. Johnstons of Elgin 24-01152-PREVMA 4c. Glenallachie Distillery 24-01219 - PREVMA 4d. Premier Portessie 24-01258-PROLIC 4e. Cardhu Distillery 24-01365-PREVMA 4f. Cragganmore Distillery 24-01415-PREVMA 4g. Elgin Post Office 24-01476-PRELIC 4h. Premier Forres 24-01518-PROLIC Page 1
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Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person, if you wish to do so, please come to the High Street entrance door and a member of staff will be let into the building. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 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. Page 3
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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 4
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MORAY COUNCIL Minute of Meeting of the Licensing Board Wednesday, 19 June 2024 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor David Gordon, Councillor Scott Lawrence, Councillor Sonya Warren, Councillor Ben Williams IN ATTENDANCE Sean Hoath, Depute Clerk to the Board; Jennifer Smith, Legal Advisor; Lissa Rowan, Committee Services Officer, all Moray Council, and PC Gary Forbes, Police Scotland. 1 Chair Councillor Bloomfield, being co-Chair of the Licensing Board, chaired the meeting. 2 Declaration of Member's Interests Councillor Allan declared a personal interest in Item 8 "Licensing (Scotland) Act 2005 - Application for the transfer of an alochol premises licence by the Transferee" and stated that he would leave the meeting and take no part in the consideration of this item. There were no other declarations of Member's interests. 3 Resolution The Meeting resolved that under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Paragraph Number of Minute Paragraph Number of Schedule 7a and Reason 8 14 - Information relating to any action taken in connection with the prevention, investigation, or prosecution of crime. 4 Minute of Meeting dated 1 May 2024 The Minutes of the meeting of the Licensing Board held on 1 May 2024 were submitted and approved. Item 3. Page 5
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5 Buckie Bowling Club 24-00755-PREVSU The Legal Adviser introduced the application as a major variation and advised that there were no objections or representations and all paperwork was in order. PC Forbes confirmed there was nothing to add from Police Scotland. The Applicant addressed the Board and responded to questions asked. Following consideration, Councillor Warren moved that the variation be granted. There being no-one otherwise minded, the Committee unanimously agreed to grant the variation. 6 Licensing (Scotland) Act 2005 - Annual Functions Report A report by the Clerk to the Board sought the Board's approval to publish the final Annual Functions report which incorporates a report from the Licensing Standards Officer. During discussion surrounding the 558 occasional licence applications, it was queried whether this number could be broken down further to identify members clubs and those that repeatedly apply for occasional licences. In response, the Depute Clerk to the Board advised that he would provide this information following the meeting. Following consideration, the Board unanimously agreed: i. the draft Annual Functions Report as set out in Appendix 1 of the report; ii. that the Clerk publish the agreed final report on the Board's web pages; and iii. that the Depute Clerk to the Board would provide a further breakdown in occasional licence applications detailing repeat licence application and members clubs. 7 Licensing (Scotland) Act 2055 - Annual Review of Licensing Fees A report by the Clerk to the Board provided an update on the annual financial figures, comparing the overall income and expenditure for alcohol licensing in the last financial year, and projected future financial trends. Additionally, the report assessed the need for a review of licensing fees based on these findings. Following consideration, the Board agreed:- i. to note the current fees as set out in Appendix 1 of the report; ii. to note the financial report on income and expenditure data as set out in Appendix 2 of the report; iii. to publish the financial report; and iv. to keep the current fee structure. Page 6
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8 Licensing (Scotland) Act 2005 - Application for the transfer of an alcohol premises licence by the Transferee [Para 14] Councillor Allan, having declared an interest on this item, left the meeting at this juncture. The Legal Adviser introduced the application for the transfer of an alcohol premises licence which is subject to an objection received from the Chief Constable. The Legal Adviser advised that the Applicant was aware of the meeting however was not present. On the invitation of the Chair, PC Forbes, Police Scotland outlined the basis of the objection from the Chief Constable. The Depute Clerk to the Board advised that the Applicant also held a personal licence and, if the Board were minded to refuse the application on the basis of the concerns raised by the Chief Constable, asked the Board to consider whether the Applicant's personal licence should also be revoked. Councillor Warren, having considered the case in detail, moved that the Board refuse the application as she was satisfied that grounds for refusal applied, in particular: (a) that, having regard to the licensing objectives of preventing crime and disorder, securing public safety, preventing public nuisance and protecting chidlrena nd young persons from harm, the transferee is not a fit and proper person to be the holder of a premises licence; (b) that it is otherwise necessary to refuse the application for the purposes of the licensing objective of securing public safety. Councillor Warren also moved that, in light of being satisfied the Applicant was not a fit and proper person to be a premises licence holder then, in her view, he was not a fit and proper person to be a personal licence holder and the personal licence should be revoked with immediate effect. The Chair seconded this. Councillor Gordon, noting that the charge still had to be heard by the Crown Office moved as an amendment that the Board refuse the application for reasons stated but suspend the Applicant's personal licence until the outcome of the court case. On failing to find a seconder, this motion fell. Councillor Colyer also noted that the Applicant's charge had yet to be heard by the court and moved as an amendment that the Board refuse the application only. On failing to find a seconder, this motion fell. There being no-one otherwise minded, the Board agreed to refuse the application to transfer the premises licence on being satisfied that grounds for refusal existed and therefore being obliged to refuse and further agreed to revoke the Applicant's personal licence with immediate effect. Page 7
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MORAY LICENSING BOARD MEETING, 4 September 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 1 | 5 Type Premises Applicant Date received Comments 24/00988/PREVMA Major Variation Ionic Bar 39 High Street Elgin IV30 1EE Caledonian Heritable Ltd 27.05.2024 All Responses – Satisfactory, - Neighbour objection Now withdrawn.. (was from North East Financial Planning) Paperwork: All in Order Site Visit: N/A Proposal to extend the on premises sale terminal hours Sunday to Thursday to 00:30 (12:30am). (currently they have a licence to 23:00) 24/01152/PREVMA Major Variation Johnstons of Elgin Newmill Road Elgin IV30 4AF Ian Longmore 13.06.2024 All Responses – Satisfactory, Paperwork: All in Order Site Visit: N/A - To increase the off sales area - To include upstairs reading room as an on sales licensed area. - To include the whole area of the ground floor shop as a licensed area for on sales for events (not everyday). Item 4. Page 9
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MORAY LICENSING BOARD MEETING, 4 September 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 2 | 5 Type Premises Applicant Date received Comments 24/01219/PREVMA Glenallachie Distillery Glenallachie Aberlour Moray AB38 9LR Glenallachie Distilers Company Ltd 21.06.2024 All Responses – Satisfactory Paperwork: All in Order Site Visit: N/A - To amend on sale hours Mon to Sun to 9am to 1am. - Add live performances - Add bar meals within and outwith core hours. - include warehouse 16 within the premises licence footprint. 24/01258/PROLIC Premier Portessie 47 Samson Avenue Buckie AB56 1TR SRJ Convenience Ltd 199 Laburnum Road Redcar Middlesborough TS10 3RS 27.06.2024 All Responses – Satisfactory, Paperwork: All in Order Site Visit: N/A Convenience store, groceries, alcohol, newspapers and general merchandise. Provides food-to-go, home delivery of food and alcohol and catering. 24/01365/PREVMA Cardhu Distillery Knockando AB38 7RY Diageo Scotland Ltd 11 Lochside Place Edinburgh EH12 9HA 16.07.2024 All Responses – Satisfactory Paperwork: All in Order Site Visit: N/A To include: Page 10
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MORAY LICENSING BOARD MEETING, 4 September 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 3 | 5 Type Premises Applicant Date received Comments - The premises may be used for arts and crafts demonstrations/workshops. - Increase capacity off sales to 74.533m3 - Increase on sales capacity by 250 for external areas. - Include 2 additional external areas and path to dramming area. - Moving positions of ‘fill your own’ and reconfiguration of display areas. - Temp sales tables in external areas. 24/01415/PREVMA Cragganmore Distillery Ballindalloch AB37 9AB Diageo Scotland Ltd 11 Lochside Place Edinburgh EH12 9HA 23.07.2024 All Responses – Satisfactory, Paperwork: All in Order Site Visit: N/A To include: Change in wording in permitted activities in relation to tours, exhibitions, workshops and demonstrations, holding of markets, charity events. Talks and lectures and cookery demonstrations, arts and craft workshop and demonstrations, functions Page 11
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MORAY LICENSING BOARD MEETING, 4 September 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 4 | 5 Type Premises Applicant Date received Comments dinners and meetings, office functions, provision of food, ceilidhs and for festival and community events. - Increase in on sale capacity to 300 and decrease in off sale capacity to 11.902 m3 - Removal of former retail area. - Revision of shelving in visitor centre building. - Additional external area. 24/01476/PRELIC Post Office, 19 Batchen Street, Elgin IV30 1BH MSG Network Ltd 19 Batchen Street Elgin IV30 1BH 02.08.2024 All Responses – TBC, S50 Planning TBC, other S50 in process. Paperwork: tbc Site Visit: N/A Post Office Services or buying convenience items. 24/01518/PROLIC Premier Unit 1 3 Bogton Place SRJ Convenience Ltd 199 Laburnum Road Redcar 07.08.2024 All Responses – TBC, Paperwork: All in Order Site Visit: N/A Page 12
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MORAY LICENSING BOARD MEETING, 4 September 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 5 | 5 Type Premises Applicant Date received Comments Forres IV36 1EP Middlesborough TS10 3RS Convenience store, groceries, alcohol, newspapers and general merchandise. Provides food-to-go, home delivery of food and alcohol and catering. Page 13
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