Agenda Document Pack - Licensing Board - 13/11/2024
Moray Council · 13 November 2024
Back to Licensing Board — 13 November 2024 and its agenda
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Licensing Board Wednesday, 13 November 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, 13 November 2024 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of the meeting held 4 September 2024 5 - 8 4. Application List for Board 13 November 2024 9 - 12 4a. 24-01727-PRELIC - Premier 71A High Street Aberlour 4b. 24-01881-PREVMA - Co-op Aberlour 4c. 24-02052-PREVMA - Against The Grain 5. Chief Constables Report under section 12 A 13 - 26 6. Application for a Temporary Premises Licence Report by Clerk to the Board 27 - 52 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, 04 September 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, Lindsey Robinson, Committee Services Officer, all Moray Council and PC Kevin Skivington, Police Scotland. 1. Chair Councillor Sonya Warren, being 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 meeting held 19 June 2024 The minute of the meeting held 19 June 2024 was submitted and approved. 4. Vary Order of Business In terms of Standing Order 29 the meeting agreed to vary the order of business set down on the agenda and take item 4c "Glenallachie Distillery 24-01219-PREVMA" as the first item of business to allow the applicant's representative to leave the meeting early. 5. Glenallachie Distillery 24-01219 - PREVMA The Legal Advisor introduced the application as a major variation application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant and their representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. Item 3. Page 5
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There being no one otherwise minded the variation was granted. 6. Ionic Bar 24-00988-PREVMA The Legal Advisor introduced the application as a major variation application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the variation was granted. 7. Johnstons of Elgin 24-01152-PREVMA The Legal Advisor introduced the application as a major variation application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the variation was granted. 8. Premier Portessie 24-01258-PROLIC The Legal Advisor introduced the application as a provisional premises licence application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the application was granted. 9. Cardhu Distillery 24-01365-PREVMA The Legal Advisor introduced the application as a major variation application and advised that all paperwork was in order and there were no objections or representations. Page 6
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PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the variation was granted. 10. Cragganmore Distillery 24-01415-PREVMA The Legal Advisor introduced the application as a major variation application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the variation was granted. 11. Elgin Post Office 24-01476-PRELIC The Legal Advisor introduced the application as a premises licence application and advised that all paperwork was in order and there were no objections or representations. A site visit was undertaken by members of the Board. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the application was granted. 12. Premier Forres 24-01518-PROLIC The Legal Advisor introduced the application as a provisional premises licence application and advised that all paperwork was in order and there were no objections or representations. PC Skivington confirmed there was nothing more to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Page 7
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Following consideration, Councillor Bloomfield, seconded by Councillor Warren, moved that the variation be granted. There being no one otherwise minded the application was granted. Page 8
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P a g e 1 | 3 MORAY LICENSING BOARD MEETING, 13 November 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments 24/01727/PRELIC Premier 71a High Street Aberlour AB38 9QB SRJ Convenience Ltd 04.09.2024 All Responses – All in Order Paperwork: All in Order Site Visit: 11 November 2024 Application for: Premises to operates as a convenience store and post office, offering an extensive range of groceries, fresh foods, alcohol, newspapers and general merchandise. Also provide various ancillary services, including food-to-go, home delivery of food and alcohol. Off Sales alcohol only. 24/01881/PREVMA Co-op, 91 High Street Aberlour AB38 9QB Co-operative Group Food Ltd 13.09.2024 All Responses – All in Order Paperwork: All in Order Site Visit: 11 November 2024 Application for: Major variation to the layout plan to account for an internal reconfiguration of the premises, with an increase in capacity from Item 4. Page 9
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P a g e 2 | 3 MORAY LICENSING BOARD MEETING, 13 November 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments 18.082 cubic metres to 19.48 cubic metres. The premises operates as a convenience store, offering a range of groceries, fresh and frozen food, alcohol, newspapers and general merchandise. Off Sales alcohol only. 24/02052/PREVMA Against The Grain 25 Batchen Street Elgin IV30 1BH Callum Buchan 09.10.2024 All Responses – All in order Paperwork: All in order Site Visit: 11 November 2024 Application for: The plan proposed is to relocate the off sales display area to the front of the building and the bar server to the rear. Proposal to include hot and cold snacks menu. The inclusion of bar meals to cover food events. Occasional outdoor on sales as dictated by status of Batchen Page 10
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P a g e 3 | 3 MORAY LICENSING BOARD MEETING, 13 November 2024 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments Street, area to be limited to footway fronting the property and cordoned off for the occasion. Page 11
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REPORT TO: MORAY LICENSING BOARD 13 NOVEMBER 2024 SUBJECT: LICENSING (SCOTLAND) ACT 2005 – CHIEF CONSTABLE’S REPORT UNDER SECTION 12A BY: CLERK TO THE BOARD 1. REASON FOR REPORT 1.1 To place before the Licensing Board a report from the Chief Constable, who has a legal responsibility to report certain matters to the Licensing Board on an annual basis. 2. RECOMMENDATION 2.1 It is recommended that the Licensing Board consider and note the contents of the report provided at Appendix 1. 3. BACKGROUND 3.1 On 13 September 2024 the Chief Constable submitted a report under section 12A of the Licensing (Scotland) Act 2005 (“the Act”). 3.2 Section 12A of the Act provides that the Chief Constable must send a report to the Licensing Board as soon as practicable after the end of each financial year setting out the following information:- 3.2.1 The Chief Constable’s views about matters relating to policing in the Licensing Board’s area during that year and the following year, and 3.2.2 any steps the Chief Constable has taken during that year, or intends to take in the following year, to prevent the sale or supply of alcohol to children or young people in the Licensing Board’s area. 3.3 The Chief Constable’s report for 2023 to 2024 is attached at Appendix 1. 4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Item 5. Page 13
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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 Matters raised in the Chief Constable’s report may be relevant to Licensing Board policy. (c) Financial implications None. (d) Risk Implications None. (e) Staffing Implications None. (f) Property None. (g) Equalities/Socio Economic Impact None. (h) Climate Change and Biodiversity Impacts None. (i) Consultations None. 5. CONCLUSION 5.1 It is proposed that the Licensing Board consider and note the report from the Chief Constable. Page 14
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Author of Report: Jennifer Smith, Solicitor Background Papers: None Ref: JS Page 15
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Page | 1 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED MORAY Licensing Report 2023-2024 Appendix 1 Item 5. Page 17
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Page | 2 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED Foreword I am pleased to introduce the Annual Licensing Report for 2023/24, in accordance with Section 12(A) of the Licensing (Scotland) Act 2005. Since taking up the position of Chief Constable of Police Scotland in October 2023 I have been committed to focusing on working closely with communities to solve problems through proactivity. In respect of Licensing, this has been made possible with the continued support of the 32 local authorities across Scotland as well as many other associated national and local partnerships. This collaborative working ensures a fair approach to licensing for the benefit of the licensed trade while simultaneously preventing alcohol fuelled violence, disorder and antisocial behaviour. In the year ahead our approach will remain focused on prevention and collaboration to ensure high standards of service delivery. I will continue to encourage officers and staff to utilise the range of options available to them to maintain and improve licensing standards and to positively influence behaviour in and around all licensed premises throughout Scotland. I would like to take this opportunity to thank our local partnerships for their contribution to maintaining high standards and driving improvement where necessary within the Licensed Trade for the benefit of the communities we all serve. Chief Constable Jo Farrell Police Service of Scotland Page 18
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Page | 3 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED Police Scotland Licensing Overview – The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within Policing Together based at Dalmarnock Police Station, Glasgow. The VPLCU upholds the two tier structure for licensing which supports both national and local priorities through service delivery. They have overall responsibility for determining and delivering national licensing strategy and policy, by providing advice, guidance and support to divisional licensing teams as well as undertaking other specialist functions. The Violence Prevention and Licensing Co-ordination Unit is a specialist department which consists of a small team of officers, based in Glasgow. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide practical and tactical advice to police licensing practitioners, operational officers, supervisors and policing commanders. The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the illegal or irresponsible sale, supply, or consumption of alcohol with the intention of preventing and reducing crime and disorder. During 2023/2024 from a licensing perspective, our particular focus was on the following; Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises. Working closely with Licenced Premises and all licensing partners. Governance of the National ICT Licensing System, known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor and civic licensing administration and management. Each of the 13 local policing divisions have a licensing team responsible for the day- to-day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area. Page 19
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Page | 4 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED LICENSING BOARD AREA The Moray Licensing Board area is policed by North East Division Chief Superintendent Graeme Mackie is the Local Police Commander who has the responsibility for all day-to-day policing functions. Additional officers holding responsibility for licensing within the area of A Division are as follows: Head of Department: Superintendent Graham Smith - Partnerships Chief Inspector Andrew Barclay - Partnerships, Preventions and Interventions. Inspector George Nixon - Licensing and Events Sergeant Neil Grant, 3 Police Constables and 4 Divisional Licensing Administrators. Local Policing Priorities Following our public consultation process, the policing priorities for Northeast Division, as set out in our Local Policing Plan are as follows; Antisocial Behaviour, Violence and Disorder Acquisitive Crime Protecting Vulnerable People Road Safety and Road Crime Serious Organised Crime Counter Terrorism and Domestic Extremism In response to the local policing priorities, we will continue to address violence, focusing on alcohol related violence, as well as dealing with disorder and antisocial behaviour related to the sale and consumption of alcohol. OPERATION OF THE LICENSING (SCOTLAND) ACT 2005 The North East Division Licensing Team is located across the division in Aberdeen, Inverurie, Elgin and Stonehaven. All staff have a division wide remit and a working knowledge of all the areas covered. The North East Division Licensing Team, supported by Community Policing Officers, has promoted the Police Service of Scotland's force priorities alongside the five licensing objectives, the overarching principles and aims of the Licensing (Scotland) Act 2005. The national economic downturn continues to have a notable impact upon the Licensing Trade, which is evident in the reduction of customers and the number of licensing related incidents dealt with by Police Scotland. Page 20
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Page | 5 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED Premises Licences In the year 1 April 2023 to 31 March 2024, the following applications were received and processed by the police licensing team for consideration of the Moray Board. Type of application No. No. of Police Representations/Objections Year 22-23 23-24 22-23 23-24 New/Provisional Premises Licence 9 4 4 0 Variations 52 25 9 2 Occasional and Extended Hours Licences In the year 1 April 2023 to 31 March 2024, the following Occasional and Extended Hours Licences were processed by Police licensing team for consideration of the Moray Board. Type of application No. Granted Refused Withdrawn Year 22-23 23-24 22-23 23-24 22-23 23-24 22-23 23-24 Occasional/ Extended Hours 528 597 507 597 0 0 21 0 Section 72 - Personal Licence Applications In line with the legislation, the Divisional Licensing team will scrutinise convictions and the five licensing objectives. In general, if an applicant has no relevant convictions, the Police will not provide any representation or objection. If the applicant has relevant convictions, Police will either provide a representation confirming those convictions, or they will object to the granting of the licence, based on the nature of the conviction, and whether they believe the person to be ‘fit and proper’ to hold a licence. Where any query arises from any such application, a member of the team will seek to discuss the application with the applicant, or the applicant’s agent, to ensure that responses to the Board by means of representation or objection are considered, reasonable and proportionate. Page 21
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Page | 6 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED In the year 1 April 2023 to 31 March 2024, the following applications were received and processed by the police licensing team for consideration of the Board. Type of application No. Granted Refused Withdrawn Year 22-23 23-24 22-23 23-24 22-23 23-24 22-23 23-24 Personal Licences 131 119 131 119 0 0 0 0 Monitoring Reviewing incidents on, or connected to, licensed premises is a key part of our day- to-day business. Community based Police Officers are encouraged and expected to routinely visit licensed premises within their area. Within the reporting period, there were 981 inspections (visits) to licensed premises within Moray recorded on the Innkeeper system. This is a decrease of 444 inspections from the previous reporting year. Any Police Officer who attends an incident at a licensed premises is expected to submit a concise report via the Innkeeper system, particularly when the incident involves violence, disorder, anti-social behaviour, drunkenness, drug misuse, underage drinking, breaches of licensing legislation or any other matter that might impact on public safety. Within the reporting period, there were 81j incidents connected to licensed premises within Moray recorded on the Innkeeper system. This is the same as the previous reporting year. The information obtained may show a causal link between the operation of the premises and the incident. An incremental intervention process allows for issues to be addressed quickly and effectively at an early stage. This includes a low level 'interaction' which may involve a discussion between the Police and the premises management and/or licence holder. The level of engagement from within the Moray licensed trade is very good and in many instances this approach reduces recurrence or escalation. Premises may become 'monitored' with closer attention being paid to any incidents occurring there. This is often undertaken in conjunction with tasked, supportive visits to the premises by uniformed Police Officers. However, where necessary, the staged process allows for more formal intervention to support premises where the need for support has been identified. A premises licence holder and the premises management may be asked to meet with the Police, when concerns will be discussed. This will often involve an agreed action plan being put in place, with a reasonable time scale for completion. Page 22
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Page | 7 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED The most common example of an agreed 'action' is refresher training of staff covering their responsibilities including the sale of alcohol to underage or intoxicated persons, 'Challenge 25' and the general terms and conditions of the licence held. Should the intervention stage not bring about the necessary changes, or be otherwise unsuccessful, the next stage is the submission of a premises licence review application for the consideration of the Licensing Board. Over the reporting period there were 1 premises in Moray that were subject to a period of monitoring or intervention. The team enjoys a strong working relationship with the Local Authority Licensing Standards Officers. Both teams meet on a regular basis to share information and regularly conduct joint visits to licensed premises, on both a pro-active and reactive basis. Partnership working between the Police, the Licensing Standards Officers and the premises licence holders and premises’ management teams allows us to resolve any issues and often prevents the necessity to bring matters to the attention of the Licensing Board by premises licence review application. In the reporting period there were no premises licence review applications or Closure Order applications submitted to the Board. The North East Division Licensing Team also has a system in place which monitors certain conduct of Personal Licence holders. Should such a licence holder be charged with any offence, this is brought to the attention of the team. Should the circumstances appear to be inconsistent with any of the five licensing objectives, consideration will be given to bringing this to the attention of the Board by way of a personal licence review. In addition, should an individual be convicted of a relevant offence, this will undergo the same scrutiny. PREVENTING THE SALE OR SUPPLY OF ALCOHOL TO CHILDREN OR YOUNG PEOPLE Moray attracts a lower number of reports of underage drinking or youth congregation involving alcohol in comparison to other towns and cities across Scotland. Where a person under 18 years of age is found to be either under the influence of alcohol, drinking alcohol in a public place or in possession of alcohol, the Police Officer involved will take all appropriate steps to ascertain the source of the alcohol. Where information that cannot be fully evidenced is received regarding the sale of alcohol to children and young persons, in accordance with the national guidance contained within the 'Alcohol Toolkit', letters will be sent to licensed premises in the area reminding them of their responsibilities and requesting extra vigilance. If such concerns were to continue in respect of specific premises, then other operational strategies would be considered. Page 23
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Page | 8 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED There were no reported cases of adults buying alcohol for children within Moray during the reporting period. There were no reported cases of alcohol being purchased by a person under the age of 18 within Moray during the reporting period. In support to the Protection of Children from Harm licensing objective, applications for premises licences and variations to premises licences come under close scrutiny often resulting in the submission of letters of objection, or more commonly, of representation, in which the imposition of conditions in respect of on sales, with regard to the times and terms in which children can be on such premises, will be recommended by the Chief Constable. TACKLING SERIOUS AND ORGANISED CRIME Many of the processes and procedures involved in licensing applications are carried out to guard against Serious Organised Crime Groups (SOCG) infiltrating the licensed trade in any way. There are a number of these groups operating within Moray, of whom Police Scotland continually monitor, disrupt and take enforcement action against. This scrutiny is further enhanced with the nation-wide Innkeeper system. This database contains details of all liquor and civic licences for every Division in Scotland and enhances our information sharing in respect of premises and people in the licensed trade as they move about the country and work in multiple venues. If such an SOCG were able to gain a foothold in licensed premises this would afford such groups with a seemingly legitimate income stream, which could be no more than a veneer for other criminal activities such as money laundering, tax evasion, drug and people trafficking and other dishonest activities. Many of the procedures currently carried out by the North East Divisional Licensing Team, particularly in relation to new premises licences and the transfer of premises licences are done to ensure complete financial transparency and to ensure there are no business related irregularities which may be indicative of SOCG involvement. Frequent and directed Police attendance and contact with licensed premises also increases the opportunity for irregularities to be identified or reported. As part of this, the North East Division Licensing Team regularly liaise with Police Interventions staff who are aware of SOCG activity within the Division to ensure that applicants are not affiliated in any way to such groups, before responding to the Licensing Board. The consistent high profile approach and interaction with licensed premises in direct correlation with the aforementioned close scrutiny in the application process should reinforce the work carried out to maintain this position. Page 24
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Page | 9 OFFICIAL OFFICIAL NOT PROTECTIVELY MARKED PROPOSED ACTIVITY FOR THE YEAR AHEAD Over the forthcoming year, North East Division Licensing Team, in conjunction with Community Policing Teams, will work alongside licensed premises, to ensure that these premises are adhering to the spirit of the legislation and operate in a manner that supports the five licensing objectives. We aspire to increasing our number of supportive visits to licensed premises and hope to see a continued reduction in the number of incidents taking place on licensed premises. We will continue to work closely with the Moray Council Licensing Team, for example, sharing information and joint premises inspections. We are also seeking to strengthen our existing relationships with the Security Industry Agency and our colleagues in the NHS. We will ensure our people have the skills and knowledge to enable them to target and reduce violent crime, disorder and anti-social behaviour and will work with our partners to develop and deliver a collaborative approach to prevent these issues. The Divisional Licensing Team will continue to work closely with our National Licensing Policy Unit to ensure the local delivery of policing services by ensuring a consistent approach is taken in tackling alcohol related violence, disorder and anti- social behaviour linked to licensed premises. It is intended that our involvement and participation in public safety campaigns will continue. We are actively encouraging premises to partake in our ‘Bystander’ training aimed at protecting vulnerable people. We aim to work closely with the licensed trade, seeking to improve licensing standards in premises by continuing the proactive approach adopted by the Divisional Licensing Team and maintaining a robust inspection policy throughout the Division to identify any potential shortcomings with appropriate reporting to the Licensing Board as required. By working with established partnerships but particularly with the licensed trade, we hope to continue to see a reduction in alcohol-related crime, particularly violence, whether perpetrated within licensed premises, public places or private spaces. To conclude we would like to thank you for your continued support, and we look forward to a successful 2024/2025. Page 25
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REPORT TO: MORAY LICENSING BOARD ON 13 NOVEMBER 2024 SUBJECT: LICENSING (SCOTLAND) ACT 2005 – APPLICATION FOR A TEMPORARY PREMISES LICENCE BY: CLERK TO THE BOARD 1. REASON FOR REPORT 1.1 To ask the Board to determine an application for grant of a premises licence for temporary premises received on 11 October 2024. 1.2 This report is submitted to the Board in terms of Section 1 of the Board’s Scheme of Delegation relating to the determination of a premises licence application. 2. RECOMMENDATION 2.1 The Board is responsible for considering and determining the application for a temporary premises licence. In terms of the provisions of the Licensing (Scotland) Act 2005, the Board has the option to:- (i) Grant the licence; or (ii) Grant the licence with conditions considered necessary or expedient for the purposes of any of the licensing objectives; or (iii) Refuse the licence. 3. BACKGROUND 3.1 The Licensing (Scotland) Act 2005 (“the Act”) makes provision for premises licence holders to apply for a licence in respect of temporary premises where the licensed premises are to undergo reconstruction or conversion. Such provision enables premises licence holders to carry on business pending the reconstruction or conversion of the principal licensed premises. 3.2 The Board has received an application for a premises licence in respect of temporary premises from the holder of a current premises licence. The applicant has advised that the licensed premises are to undergo major renovation works therefore a premises licence in respect of alternative, temporary premises to be used while renovation works are carried out, is sought. Item 6. Page 27
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3.3 A copy of the application is provided in Appendix 1. 3.4 The applicant has been invited to attend the meeting. 3.5 The Board is required to consider and determine the application in accordance with the Scheme of Delegation. 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 Section 47 of the Act applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (“the principal premises”). Under Section 47(2), a premises licence holder may apply to the Board for a premises licence in respect of such other premises within the Board’s area as are specified in the application (“temporary premises”). Granting the Application The Board may grant a premises licence in respect of the temporary premises where its satisfied that:- (a) the temporary premises are suitable for use for the sale of alcohol, and (b) that it is necessary to grant the licence to enable the applicant to carry on business pending construction or conversion of the principal premises. If granted, a temporary premises licence is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Board considers appropriate. Where the Board is not minded to grant the application, it should first move to consider whether the application should be granted with additional conditions. Page 28
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The Board can impose such conditions as it considers necessary or expedient for the purposes of any of the licensing objectives. Such conditions can require anything to be done, or prohibiting or restricting the doing of anything, in connection with (a) the sale of alcohol on the premises, or (b) any other activity carried on in such premises. For example, a restriction to the hours of operation. Where the Board chooses to impose such conditions, the conditions cannot be inconsistent with, or have the effect of making more onerous or more restrictive, any condition in terms of the Act or prescribed by Regulations, or relate to a matter (such as planning, building control or food hygiene) which is regulated under another enactment. Any condition must be specific and must be within the licence holder’s power to do. Considerations to which the Board must have regard When considering the application the Board must have regard to the licensing objectives as well as any and all additional information made available at the hearing or in writing. Licensing Objectives The five licensing objectives are:- Preventing crime and disorder, Securing public safety, Preventing public nuisance, Protecting and improving public health, and Protecting children and young persons from harm. (c) Financial implications None. (d) Risk Implications None. (e) Staffing Implications None. (f) Property None. (g) Equalities/Socio Economic Impact Page 29
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In considering the matter the Board should have regard to the subject’s rights under the European Convention on Human Rights (and the Human Rights Act 1988). In particular – Article 8 – access to private and sensitive information about the subject could give rise to interference with the subject’s right to respect for private and family life. Article 1 of Protocol 1 – the decision may also interfere with the right to property, in that, depending on the outcome, the decision may deprive the subject of income. Article 6 – the right to a fair trial means the proceedings must be conducted fairly to arrive at a reasoned decision. Article 8 and Article 1 of Protocol 1 are qualified rights, meaning these can be restricted in order to protect the rights of another or the wider public interest. This will require an objective justification. To be able to objectively justify a decision, the Board has to demonstrate that any decision is a proportionate means to achieve a legitimate aim. A legitimate aim must be a real consideration that is legal and not discriminatory. Examples of legitimate aims include: Public health; Public safety; Efficiency. Saving cost may be relevant but it is not an aim in itself. Any measure taken to achieve the legitimate aim must also be proportionate i.e. necessary and the least intrusive/discriminatory way of achieving the aim. Lastly, when any of the Articles are engaged, it will also mean Article 14 should be considered. That is the right not to be discriminated against in relation to convention rights. The definition of discrimination under this Article covers a much wider spectrum than the protected characteristics under the Equality Act 2010. The Board should have regard to all the applicant’s circumstances. (h) Climate Change and Biodiversity Impacts None identified. (i) Consultations The Chief Constable, Fire Scotland, the National Health Service, Speyside Community Council, the public, the Council’s Environmental Health, Development Management and Building Standards Services as well as the Licensing Standards Officer have been consulted. At the time of writing, no objections nor representations to the application have been received. Should this position change, an update will be provided at the meeting. 5. CONCLUSION 5.1 That the Board considers the recommendations set out in Section 2 of the report. Page 30
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Author of Report: Jennifer Smith, Solicitor Background Papers: There are no background papers. Ref: JS Page 31
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Licensing (Scotland) Act 2005 APPLICATION FOR TEMPORARY PREMISES LICENCE By current licence holder *Delete as appropriate If you are completing this form by hand, please write legibly in block capitals using ink. To: The Clerk to the Board Moray Council High Street Elgin IV30 1BX Tel: (01343) 543451 Fax: (01343) 540183 DX No 520666 Elgin The Moray Licensing Board Question 1 – DETAILS OF PREMISES Name, address, postcode and premises licence number of premises. Glen Grant Ltd Glen Grant Distillery Elgin Road Rothes AB38 7BS Question 2 – APPLICANT INFORMATION Please provide full name, address, postcode, phone number and e-mail address of applicant. Glen Grant Ltd Glengrant Distillery Elgin Road Rothes AB28 7BS Item 6. Page 33
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Question 3 - MINOR VARIATIONS 3(a) Do you consider the proposed variation to be a minor variation? YES/NO* (If YES, please answer the rest of question 3. If NO please go to question 4) 3(b) Do you propose a variation to the layout plan which is not inconsistent with the operating plan for the Premises? YES*/NO (if YES, please give details of the proposed variation below) To provide a temporary licence whilst renovation works are carried out. The Glen Grant Visitor Centre will shortly start a major renovation project which will last around 15 months. In the meantime, we are planning on refurbishing and opening a temporary visitor centre in a small building on site. You would be able to spot the current Visitor Centre on yellow and the provisional premises on pink on the map site. In addition, we have attached the layout of the shop/visitor centre. We are planning on selling botlles of 70cl of our beautiful Single Malt, The Glen Grant, and some Glassware. In the small shop, 0.60 cubic metres would be destined to display bottles of 70cl whisky at different strengths, from 40 to 46 ABV. Please submit 7 sets of plans showing the proposed layout of the premises with this application. 3(c) Do you propose to restrict the terms on which children and young persons are admitted to the premises? YES/NO* (if YES, please give details of the proposed variation below) Please submit an amended operating plan with this application. Page 34
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3(d) Do you propose to vary the information contained in the licence relating to the premises manager, including a variation to substitute a new premises manager? YES/NO* (if YES, please go to question 5 below) 3(e) Do you propose any other variation as prescribed by Section 29(6)(d) of the 2005 Act? YES/NO* (if YES, please give details of the proposed variation below) Question 4 - OTHER VARIATIONS 4(a) Do you propose a variation to the conditions to which the licence is subject (other than those to which the licence is subject by virtue of Section 27(1))? YES/NO* (if YES, please give details of the proposed variation below) 4(b) Do you propose to vary any of the information contained in the operating plan contained in the licence? YES/NO* (if YES, please give details of the proposed variation below) Page 35
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Please submit a copy of the proposed operating plan with this application. 4(c) Do you propose a variation to the layout plan contained in the licence? YES/NO* (if YES, please give details of the proposed variation below) Please submit 7 sets of the proposed layout plans with this application. 4(d) Do you propose to vary any other information contained or referred to in the licence, including an addition, deletion or other modification? YES/NO* (if YES, please give details of the proposed variation below) Page 36
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Question 5 - VARIATION TO SUBSTITUTE NEW PREMISES MANAGER Please provide details below of the name, address and personal licence number of the Existing Premises Manager. Greig Stables Taigh Sa Choille Maisley Keith AB55 5QH Proposed Premises Manager 5(a) Name and telephone number 5(b) Date and place of birth 5(c) Contact address, including postcode 5(d) Email address 5(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence Please submit the Personal Licence with this application. Page 37
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5(f) Is the variation to take effect during the application period? YES*/NO If the answer to the above question is NO, please provide below the date from which the variation is to take effect. If signing on behalf of the applicant please state in what capacity. The contents of this Application are true to the best of my knowledge and belief. Signature …………………………………… (see note below) Date ………………………………………… Capacity ……………………………………. APPLICANT/AGENT (delete as appropriate) Telephone number and email address of signatory …………………… I have enclosed the relevant documents with this application – please tick the relevant boxes Premises Licence Letter explaining why the Premises Licence Has not been produced. Operating Plan** Layout plans** Planning certificate Building standards certificate Food hygiene certificate Personal Licence of the Proposed Premises Manager Fee Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. ** Where the proposed variation affects the current layout plan, please submit 7 sets of plans showing the proposed new layout of the premises. Where the Page 38
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proposed variation affects the current operating plan, please submit an operating plan incorporating the proposed variations. For use by the Licensing Board only Application checklist Date received Fee amount Receipt number Received by (INITIALS) Consideration date Last date for consideration Date of initial hearing Date of any modification hearing Date granted/refused (delete as appropriate) For use by the Licensing Board only Documents required Premises Licence Letter explaining why the Premises Licence Has not been produced. Operating Plan Layout plans Planning certificate Building standards certificate Food hygiene certificate Personal Licence of the Proposed Premises Manager Fee Page 39
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The Moray Licensing Board Council Offices, High Street, Elgin, IV30 1BX OPERATING PLAN Licensing (Scotland) Act 2005 Question 1 STATEMENT REGARDING ALCOHOL BEING SOLD ON PREMISES/OFF PREMISES OR BOTH 1(a) Will alcohol be sold for consumption solely ON the premises? YES/ NO* 1(b) Will alcohol be sold for consumption solely OFF the premises? YES* /NO 1(c) Will alcohol be sold for consumption both ON and OFF the premises? YES/NO* *Delete as appropriate Question 2 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION ON PREMISES Alcohol will be SOLD for OFF premises only. Question 3 STATEMENT OF CORE TIMES WHEN ALCOHOL WILL BE SOLD FOR CONSUMPTION OFF PREMISES Item 6. Page 41
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Day OFF Consumption Opening time Terminal hour Monday 10:00 22:00 Tuesday 10:00 22:00 Wednesday 10:00 22:00 Thursday 10:00 22:00 Friday 10:00 22:00 Saturday 10:00 22:00 Sunday 10:00 22:00 Question 4 SEASONAL VARIATIONS Does the applicant intend to operate according to seasonal demand YES/NO* *If YES – provide details MOST OF THE YEAR THE OFF SALES PREMISES WILL CLOSE AT 5:00PM BUT OCCASIONALLY THERE MAY BE LATE TOURS OR VISITORS WHEN THE SHOP WILL REMAIN OPEN SLIGHTLY LATER BUT WILL CLOSE AT 10:00PM. PLEASE INDICATE THE OTHER ACTIVITIES OR SERVICES THAT WILL BE PROVIDED ON THE PREMISES IN ADDITION TO SUPPLY OF ALCOHOL Page 42
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COL. 1 5(a) Activity COL. 2 Please confirm YES/NO COL. 3 To be provided during core licensed hours – please confirm YES/NO COL. 4 Where activities are also to be provided outwith core licensed hours please confirm YES/NO Accommodation NO N/A N/A Conference facilities NO NO NO Restaurant facilities NO NO NO Bar meals NO NO NO 5(b) Activity Social functions including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Receptions including Weddings, funerals, birthdays, retirements etc. YES YES NO Club or other group meetings etc. YES YES NO 5(c) Activity Entertainment including: Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Recorded music – see 5(g) YES YES NO Live performances – see 5(g) NO NO NO Dance facilities NO NO NO Theatre NO NO NO Films NO NO NO Gaming NO NO NO Page 43
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Indoor/outdoor sports NO NO NO Televised sport NO NO NO 5(d) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Outdoor drinking facilities NO NO NO 5(e) Activity Please confirm YES/NO To be provided during core licensed hours – please confirm YES/NO Where activities are also to be provided outwith core licensed hours please confirm YES/NO Adult entertainment NO NO NO Where you have answered YES in respect of any entry in column 4 above, please provide further details below. 5(f) any other activities If you propose to provide any activities other than those listed in 5(a) – (e) please provide details or further information in the box below. 5(g) Late night premises opening after 1.00am Page 44
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Where you have confirmed that you are providing live or recorded music, will the decibel level exceed 85dB? YES/NO* When fully occupied, are there likely to be more customers standing than seated? YES/NO* *Delete as appropriate Question 6 (On-sales only) CHILDREN AND YOUNG PERSONS 6(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry YES/NO* *Delete as appropriate 6(b) Where the answer to 6(a) is YES provide statement of the TERMS under which they will be allowed entry 6(c) Provide statement regarding the AGES of children or young persons to be allowed entry 6(d) Provide statement regarding the TIMES during which children and young persons will be allowed entry 6(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry Page 45
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Question 7 CAPACITY OF PREMISES What is the proposed capacity of the premises to which this application relates? Question 8 PREMISES MANAGER (NOTE: not required where application is for grant of provisional premises licence) Personal details 8(a) Name GREIG ALEXANDER STABLE 8(b) Date of birth 25 OCTOBER 1974 8(c) Contact address TAIGH SA CHOILLE MAISLEY KEITH MORAY AB55 5QH Page 46
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8(d) Email address Greig.Stables@campari.com 8(e) Personal licence Date of issue Name of Licensing Board issuing Reference no. of personal licence 5 JUNE 2019 MORAY COUNCIL 19/00754/PERLIC DECLARATION BY APPLICANT OR AGENT ON BEHALF OF APPLICANT If signing on behalf of the applicant please state in what capacity. The contents of this operating plan are true to the best of my knowledge and belief. Signature ……………………………… * (see note below) Date ……….…………………………… Capacity ………………………………. APPLICANT/AGENT (delete as appropriate). Telephone number and email address of signatory ……………… * Data Protection Act 1998 The information on this form may be held on an electronic public register which may be available to members of the public on request. Page 47
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