Agenda Document Pack - Licensing Board - 05/02/2025
Moray Council · 5 February 2025
Back to Licensing Board — 5 February 2025 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, 05 February 2025 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, 05 February 2025 at 14:00. BUSINESS 1. Sederunt 2. Declaration of Member's Interests 3. Minute of meeting held 13 November 2024 5 - 8 4. Application List for Board Feb 2025 9 - 12 5. Dunphail Distillery - 24-02421-PREVMA 6. The Stillman - 24-02574-PRELIC 7. Dallas Dhu Distillery - 24-02437-PRETOA 8. Co-op - 24-02514-PREVMA 9. Ballindalloch Distillery - 24-02545-PREVMA 10. Diceys Rileys - 24-02584-PREVMA 11. Elgin Community Centre - 24-02626-PRETEM 12. Gordon and McPhail - 25-00126-PRETEM 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, 13 November 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 Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Scott Lawrence 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 Peter Bloomfield, 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 the meeting held 4 September 2024 The minute of the meeting held 4 September 2024 was submitted and approved. 4. 24-01727-PRELIC - Premier 71A High Street Aberlour The Depute Clerk to the Board introduced the application as a premises licence application and advised that all paperwork was in order and there were no objections or representations. Councillor Warren joined the meeting during discussion of this item. PC Skivington confirmed there was nothing further to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. Councillor Williams sought confirmation that alcohol would only be included in deliveries after 10am. The applicant's representative confirmed that this was the case. Item 3. Page 5
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Following consideration, Councillor Allan, seconded by the Chair, moved that the licence be granted. There being no one otherwise minded the licence was granted. 5. 24-01881-PREVMA - Co-op Aberlour The Depute Clerk to the Board 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 further to add from Police Scotland. The applicant's representative addressed the Board and responded to the questions asked. The Chair sought confirmation that there would be level access at the entrance as it is different levels at the moment. The applicant's representative confirmed that Co-op ensure that all premises are wheelchair accessible. Councillor Gordon sought clarification as to who owned the carpark. The applicant's representative advised that he could not answer that but that he would forward the query to head office and ask some to respond to Councillor Gordon. Following consideration, the Chair moved that the variation be granted. There being no one otherwise minded the variation was granted. 6. 24-02052-PREVMA - Against The Grain The Depute Clerk to the Board 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 further to add from Police Scotland. The Board noted that the applicant was present. Following consideration, the Chair moved that the variation be granted. There being no one otherwise minded the variation was granted. 7. Chief Constables Report under section 12 A The meeting had before it a report by the Clerk to the Board informing the Board of the report at Appendix 1 by the Chief Constable, who has a legal responsibility to report certain matters to the Licensing Board on an annual basis. Following consideration, the Board unanimously agreed to note the contents of the report provided at Appendix 1. Page 6
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8. Application for a Temporary Premises Licence The meeting had before it a report by the Clerk to the Board asking the Board to determine an application for grant of a premises licence for a temporary premises received on 11 October 2024. During consideration the legal advisor confirmed that there had been no objections or representations. Councillor Gordon sought clarification as to whether receptions would be taking place in the temporary premises. The Depute Clerk to the Board advised that the licence is moving from one premises to another and the licence details would stay the same until it returns to the original premises unless there is a variation application. Councillor Gordon queried the position of the cabinet as it was not on the plan. The Depute Clerk to the Board advised that if alcohol is going to be displayed on it then it should be shown on the layout plan. He further advised that the Board could either defer their decision until the plan was updated or grant the licence but with delegated authority to the Depute Clerk to the Board to ensure an updated plan was submitted. Councillor Cameron moved that the licence be granted but with delegated authority. This was seconded by Councillor Gordon. There being no one otherwise minded, the licence was granted with delegated authority. Page 7
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MORAY LICENSING BOARD MEETING, 5 February 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 1 | 4 Type Premises Applicant Date received Comments 24/02421/PREVMA Dunphail Distillery Wester Greens Dunphail Forres IV36 2QR Dunphail Distillery 22.11.2024 All Responses – Satisfactory Paperwork: All in order Site Visit: N/A Application for: • To add Sunday operation and extend the licensed hours for All days to 10am to 10pm. 24/02574/PRELIC The Stillman 22 Conval Street Dufftown AB55 4AE The Stillman (Dufftown) Ltd 16.12.2024 All Responses – Yes + 2 Unsat Paperwork: Uploaded Site Visit: 29.01.25 Application for: • Premises Licence for The Stillman (formally The Stuart Arms) 24/02437/PRETOA Dallas Dhu Distillery Mannachie Road Forres Moray IV36 2RR Aceo Distillers Company Ltd 5 Royston Road Deans Livingston EH54 8AH 25.11.2024 All Responses – Satisfactory Paperwork: All in order Site Visit: 29.01.25 Application for: Item 4. Page 9
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MORAY LICENSING BOARD MEETING, 5 February 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 2 | 4 Type Premises Applicant Date received Comments To transfer the licence to Aceo Distillers Company Ltd. Proposed to include On Sales Licensing hours 10:00 to 01:00. To include a larger licensed area for the consumption of alcohol. 24/02514/PREVMA Co-op 36 East Church Street Buckie AB56 1EX Co-operative Group Food Ltd 1 Angel Square Manchester M60 0AG All Responses – Yes + 1 Unsat Paperwork: Uploaded Site Visit: N/A Application for: • Increase off-sales capacity from 25.79 -> 26.55 • Amendments to Operating plan working for music and sale of food/non-food items 24/02545/PREVMA Ballindalloch Distillery Ballindalloch AB37 9AA Ballindalloch Distillery Ballindalloch AB37 9AA 10.12.2024 All Responses – Satisfactory Paperwork: Uploaded Site Visit: N/A Application for: Page 10
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MORAY LICENSING BOARD MEETING, 5 February 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 3 | 4 Type Premises Applicant Date received Comments • Increase from 1 to 2 areas of retail areas • Add small bar • Increase licensed areas to cover whole site including distillery, visitor spaces and surround outside spaces 24/02584/PREVMA Diceys Rileys 185D High Street Elgin IV30 1DW John Lee Nathan McGettrick 18 Academy Street Elgin IV30 1LP 17.12.2024 All Responses: Yes + 1 Unsat Paperwork: Uploaded Site Visit: N/A Application for: • Remove Curfew • Increase licensed hours • Removal of child access • Change layout plan for first floor 24/02437/PRETOA Elgin Community Centre Donald Squair Elgin Town Hall 1 Trinity Place Elgin IV30 1UL 19.12.2024 All Responses – TBC – 1 response from VIP Childcare. Paperwork: Uploaded Site Visit: 29.01.25 Comment/condition: from VIP childcare: requesting licence not within the hours of 8:00 and 17:30. Page 11
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MORAY LICENSING BOARD MEETING, 5 February 2025 at 14:00 hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 P a g e 4 | 4 Type Premises Applicant Date received Comments Application for: Temporary Licence While renovation works are being carried out at Elgin Town Hall. 25/00126/PRETEM Gordon & MacPhail at Johnstons Of Elgin Newmill Road Elgin Moray IV30 4AF F Robson Gordon & MacPhail George House Boroughbriggs Road Elgin Moray IV30 1JY 21.01.2025 All Responses – TBC Paperwork: Uploaded Site Visit: 29.01.25 Application for: • Temporary Licence at Johnstons due to closure of St Giles Centre Elgin and renovation of premises Page 12