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Agenda Document Pack - Licensing Board - 16/11/2022

Moray Council · 16 November 2022
Back to Licensing Board — 16 November 2022 and its agenda

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Licensing Board 
Wednesday, 16 November 2022 
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,
16 November 2022 at 14:00. 
BUSINESS 
1. Sederunt 
2. Minute of the Meeting of the Board 7 September 2022 5 - 8
3. Annual Functions Report
Report by the Clerk to the Board
9 - 18
4. Chief Constables Report 2021-2022
Report by the Chief Constable
19 - 26
5. Application List 16 November 2022 27 - 40
5a. Threaplands Ltd - 22-00266-PRELIC 
5b. Bootleggers - 22-001594 PROLIC 
5c. Baxters Food Group - 22-01724 PREVMA 
5d. Click Whisky Auctions - 22-01769 PRELIC 
5e. Glenrothes Distillery - 22-01792 PRELIC 
5f. Keith Railway Club - 22-01701 PRETOA 
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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. 
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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 September 2022 
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 Sean Hoath, Depute Clerk to the
Board, Jennifer Smith, Solicitor, Emma Rapley Licensing Standards Officer, and
Lindsey Robinson, Committee Services Officer, as Clerk to the meeting. 
1.         Appointment of Chair 
As this was the first full meeting with all Board Members fully trained, a Chair was to
be elected. 
Councillor Colyer, seconded by Councillor Gordon, moved that Councillor
Bloomfield be Chair.  She further moved that Councillor Gordon be Depute
Chair.  This was seconded by Councillor Bloomfield. 
As an amendment, Councillor Cameron moved, seconded by Councillor Lawrence,
that Councillor Warren be Chair.  He further moved that Councillor Lawrence be
Depute Chair.  This was seconded by Councillor Warren. 
On a division there voted:  
For the motion (3)                         Councillors Colyer, Bloomfield and Gordon  
For the Amendment (3)                 Councillors Cameron, Lawrence and Warren  
Abstentions (2)                              Councillors Allan and Williams  
There being an equality of votes and there being no casting vote, the Board came to
the agreement the Councillors Bloomfield and Warren would share the role of Chair,
taking alternate meetings.  Councillor Warren took the Chair for this meeting.   
2.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 20 and the Councillors' Code of Conduct, Councillor
Bloomfield noted an personal interest in agenda item 7g "Hopeman and District
Bowling and Social Club".  There were no further declarations from Group Leaders
or Spokespersons in regard to any prior decisions taken on how Members will vote
on any item on the agenda or any declarations of Member's Interests in respect of
any item on the agenda.
Item 2.
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3.         Minute of the Meeting of the Board 23 March 2022 
The Minute of the Meeting of the Licensing Board of 23 March 2022 was submitted
and approved. 
4.         Minute of the Meeting of the Board 30 June 2022 
The Minute of the Meeting of Licensing Board of 30 June was submitted and
approved.  One point of accuracy was raised. 
With reference to the Minute, Councillor Bloomfield stated that his name was
incorrect. 
The Clerk confirmed she would get this updated. 
5.         Annual Review of Licensing Fees 
A report by the Clerk to the Board, updated the Board on the overall income versus
expenditure for alcohol licensing for the last financial year by way of an annual
financial report, made predictions in respect of likely future income and expenditure
and to determine whether the Board wished to undertake a review of licensing fees
as a result. 
The Depute Clerk to the Board introduced the report and advised the Board that the
fees currently being charged some of the lowest in Scotland. 
During consideration, Councillor Gordon sought clarification as to whether fees
could be paid in instalments, and if so he proposed that this be implemented. 
In response, the Depute Clerk to the Board advised that although it was possible
there was a considerable admin burden attached to the implementation and the
collection of the money. 
Due to the admin burden, Councillor Gordon withdrew his proposal. 
Councillor Allan moved that that fees be increased to the maximum amount.  This
was seconded by Councillor Warren. 
There being no one otherwise minded, the Board agreed to: 
i. note the current fees attached at Appendix 1 to the report; 
ii. note the financial report on income and expenditure data at Appendix 2 to the
report; 
iii. publish the financial report; and 
iv. increase the fees to the maximum amount.  
6.         Review of Premises Licence 
The Depute Clerk to the Board advised the Board that the report had been
withdrawn as the licence holder had surrendered their licence. 
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7.         22 00178 PRELIC - Dunphail Distillery 
The Depute Clerk to the Board introduced the application as a provisional new
premises licence and advised the Board that all paperwork was in order, there were
no representations and no police conditions. 
The applicant’s representative addressed the Board and responded to questions
asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
8.         22 01058 PREVMA - Lhanbryde Post Office 
The Depute Clerk to the Board introduced the application as a major variation
consisting of increasing the opening hours on Sundays and advised the Board that
all paperwork was in order, there were no representations and no police conditions. 
The applicant addressed the Board and responded to questions asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
9.         22 01332 PREVMA - McKays Mini Market Portnockie 
The Depute Clerk to the Board introduced the application as a major variation
consisting of a change to the core operating hours and a change to the store
layout, and advised the Board that all paperwork was in order, there were no
representations and no police conditions. 
The applicant addressed the Board and responded to questions asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
10.         22 01334 PRELIC  - McKays Mini Market Cullen 
The Depute Clerk to the Board introduced the application as a new premises
licence and advised the Board that all paperwork was in order, there were no
representations and no police conditions. 
The applicant addressed the Board and responded to questions asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
11.         22 01371 PREVMA - Thistle Bar Forres 
Before the Paper was introduced, Councillor Bloomfield advised the Board that he
knew the applicant and as such would take no part in the discussion. 
The Depute Clerk to the Board introduced the application as a major variation
consisting of increasing the capacity to 90 persons, the provision of an outdoor area
and a change to the core hours on a Sunday, and advised the Board that all
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paperwork was in order, there was one representation and that the applicant had
agreed to the police conditions. 
The objector addressed the Board and responded to questions asked. 
The applicant’s representative addressed the Board and responded to questions
asked. 
The applicant also addressed the Board, and responded to questions asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
Councillor Williams left the meeting during the discussion of this item due to
connection issues. 
12.         22 01351 PRETHA - Club 59 Rothes 
The Depute Clerk to the Board introduced the application as a major variation
consisting of changing from a private members club to a commercial premises,
changing the core hours, the inclusion of off-sales, young persons access and
additional activities, and advised the Board that all paperwork was in order, there
were no representations and the police conditions have been accepted by the
applicant. 
The applicant addressed the Board and responded to questions asked. 
Councillor Allan moved that the application be granted as it was a good venture for
the town.  This was seconded by Councillor Warren. 
There being no one otherwise minded, the application was granted. 
13.         22 01443 PREVMA  - Hopeman and District Bowling and Social Club 
Councillor Bloomfield left the chamber for the duration of this item. 
The Depute Clerk to the Board introduced the application as a major variation
consisting of allowing sport to be shown on TV and allowing the premises to hold
meetings, and advised the Board that all paperwork was in order, there were no
representations and no police conditions. 
The applicant addressed the Board and responded to questions asked. 
Thereafter, the Chair moved that the application be granted, and there being no one
otherwise minded, the application was granted. 
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REPORT TO: THE MORAY LICENSING BOARD 16 NOVEMBER 2022 
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: 
• 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;
• A summary of the decisions made;
• Information about the number of licences held including the number of
occasional licences issued; and
• 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 3.
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3.3 The normal deadline for publication would be the end of June each year
however this year’s report has been delayed due to staffing issues wthin Legal
Services and competing priorities. 
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 
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
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(i) Consultations 
None. 
5. CONCLUSION 
5.1 It is proposed that the Board note the contents of this report and agree
to publish the final annual functions report. 
Author of Report: Sean Hoath, Senior Solicitor, Depute Clerk to the Board 
Background Papers: 
Ref: SH 
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Appendix 1
1
Moray Licensing Board 
Annual Functions Report 
1 April 2021 - 31 March 2022 
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 .................................................................................................................... 2
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
Conclusion........................................................................................................................................... 5
Licence Application Numbers.............................................................................................................. 6 
Item 3.
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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.
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 
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.
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Appendix 1
3
Annual Functions Report 
From 1 April 2021 to 31 March 2022, the Board met on an approximate eight week cycle on the
following dates: 
(a) 9 June 2021
(b) 25 August 2021
(c) 20 October 2021
(d) 8 December 2021
(e) 9 February 2022 
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 Boards statement of licensing policy,
incorporating hearing procedures, can be found at this link:
http://www.moray.gov.uk/downloads/file68385.pdf 
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 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, 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 336 occasional licences. 
The Board also considered and granted 93 premises related licence applications. The overall number
of premises licences increased on the previous financial year from 347 to 366. 
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Appendix 1
4
Personal Licence Applications 
The Board granted 131 personal licence applications.
The Board considered two personal licences where the applicant had disclosed a relevant conviction
and the Board agreed to revoke both of the personal licences. 
Personal Licence Reviews
There were no applications from Police Scotland for the review of a personal licence based on conduct
alleged to be inconsistent with the licensing objectives. 
Premises Licence Reviews
There were no premises licence reviews heard by the Board. 
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. 
The Board did consider and implement a number of initiatives to assist licence holders through the
difficult COVID period as described in previous reports. Those initiatives ended in December 2021. 
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. 
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 in 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 MADP 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. 
Licensing Standards
There are two full time LSOs within the licensing service. One LSO is responsible for liquor licensing
and gambling. The LSOs offer guidance and advice to licence holders and communities to supervise
the compliance of the requirements of the Act 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 agreements. 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 Act. There is a separate report from the LSO included below regarding activities
that have taken place during the period in question. 
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 
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Appendix 1
5
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 
The last year has been dominated by the Coronavirus pandemic, which has meant that the LSO role
has included offering support to Environmental Health and Police Scotland to ensure licensed premises
are complying with their responsibilities under the Coronavirus Regulations. This has included issuing
guidance to all licence holders each time it has been made available or updated, answering queries
and finding information for licence holders, as well as conducting both proactive and reactive
multiagency visits to premises about which complaints have been received. 
The LSO has answered varied queries from the licenced trade regarding what they can do to remain
trading with the various restrictions in place. The LSO has also mediated between premises where
relations have become fractured due to the pressure of trying to maximise outdoor spaces, including
responding to MSP queries/ complaints as they have arisen. The LSO has liaised with other internal
departments such as planning and building standards regarding temporary outdoor structures. The LSO
also coordinated with trading standards regarding a complaint under weights and measures.   
The last year has shown the importance of good working relations not only with the licensed trade but
also with internal departments and partner agencies, the LSO has welcomed a new police licensing
enquiry officer in December 2021 and a number of joint visits have taken place including where issues
have arisen and the premises becomes a monitored premises due to issues of crime and disorder.   
The LSO has continued to support the trade when applications are being made either for currently
licensed premises to vary their licence or for new premises to become licensed including providing
feedback on applications. This has included ensuring the smooth running of remote Licensing Board
meetings when issues with technology have arisen. 
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Appendix 1
6
Liquor Licensing Statistics for Year 2021-2022 (Period 01/04/2021 to 31/03/2022)
Local Authority - MORAY COUNCIL
Premises Licence Statistics   
Licences in Force on 31 March 2022 (this should equal total of a+b+c) 366
(a) on sales only 87
(b) off license only 104
(c) both 175
Applications received during 2021-2022  
(a) on sale 15
(b) off sale 44
(c) both 46
Applications refused during 2021-2022 under section 23 0
Applications granted during 2021-2022 under section 23 93
Applications for review of premises licence during 2021-2022 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 2021-2022 336
Personal Licence Statistics   
Personal Licences in Force on 31 March 2022 1106
Applications during 2021-2022 under section 72:-  
(a) refused 0
(b) granted 131
Proceedings taken during 2021-2022 under section 83 (notice of conviction) resulting in:-  
(a) endorsement  
(b) suspension  
(c) revocation 2
(d) no action  
Proceedings taken during 2021-2022 under section 84 (conduct inconsistent with licensing
objectives) resulting in:-  
(a) endorsement  
(b) suspension  
(c) revocation  
(d) no action  
Proceedings during 2021-2022 under section 86 (multiple endorsements) resulting in:-  
(a) endorsement  
(b) suspension  
(c) revocation  
(d) no action  
Revocations of personal licences during 2021-2022 under section 87(3) (failure to
provide evidence of having undertaken refresher training) 0
Staff employed at 31 March 2022  
Number (full-time equivalent) of licensing standards officers employed 1 
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OFFICIAL
NOT PROTECTIVELY MARKED 
Page | 1 
OFFICIAL
MORAY
Licensing Report
2021-2022
Item 4.
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OFFICIAL
NOT PROTECTIVELY MARKED 
Page | 2 
OFFICIAL
Moray Council 
Foreword 
It gives me great pleasure to provide the Annual Licensing Report for 2021/22, in
accordance with Section 12(A) Licensing (Scotland) Act 2005. Throughout this year
Local Authorities and Police Scotland worked hard to support licensed premises in
their road to recovery as Covid-19 restrictions were being lifted. 
Collaboration is vital to ensure these businesses can flourish, providing much needed
employment for our communities as well as a safe environments for people to
socialise.  Police Scotland will continue to work closely with Local Authorities, as well
as other stakeholders, to ensure there is a fair and consistent approach across all 32
Local Authorities throughout Scotland to aid this recovery. Preventing alcohol fuelled
violence, disorder and antisocial behaviour remains a priority for Police Scotland and
I believe that working together we can reduce this through early intervention and
enforcement.   
I would like to take this opportunity to thank our local partnerships and the good work
they carry out.  With their support Police Scotland and partners can continue to drive
improvements in licensing.  I will continue to ensure that all officers and staff recognise
the importance of working together with key partners, including the Licensing Trade,
in an effort to improve licensing standards nationally.   
Mr Iain Livingstone QPM
Chief Constable 
Police Service of Scotland 
Police Scotland Licensing Overview – 
The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within Safer
Communities 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
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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 2021/2022, 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 Scottish Government to navigate
the challenges of the COVID-19 pandemic through the 4Es approach by
engaging, explaining, educating and enforcing.  
• Governance and ongoing development of the National ICT Licensing System,
known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor
and civic licensing administration and management. Police Scotland are
currently working on upgrade to the National ICT system to ensure
compliance with GDPR legislation. 
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. 
LICENSING BOARD AREA 
The Moray Licensing Board area is policed by North East Division 
Chief Superintendent Kate Stephen is the Local Police Commander who has the
responsibility for all day-to-day policing functions. 
Local Policing Priorities 
Following our public consultation process, the policing priorities for North East
Division, as set out in our Local Policing Plan are as follows;
• Antisocial Behaviour, Violence and Disorder
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• Acquisitive Crime
• Protecting People at Risk of Harm
• Road Safety and Road Crime
• Serious Organised Crime
• Counter Terrorism and Domestic Extremism 
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 global COVID-19 pandemic and its associated restrictions continued to present
challenges for the Licensing Trade.  The vast majority of operators abided by the
regulations and worked in close co-operation with Police Scotland and local authority
partners such has Licensing Standards Officers, Trading Standards and
Environmental Health.    
In the reporting period, as statutory consultees, the team responded to the Board
regarding 377 applications for occasional licences or extended hours, 11 premises or
provisional premises applications, 133 personal licence applications and 40
premises variations or premises licence transfer applications.  
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. 
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. 
North East Division Licensing Team is represented on the Local Licensing Forum
works alongside the following groups and organisations to jointly improve local
licensing issues:
• Community Safety Partnership;
• Local Pubwatch initiatives;
• Local Security Industry companies.   
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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.  Moray benefits from a dedicated Weekend
Policing Plan to support the night time economy. 
Within the reporting period, there were 1729 inspections (visits) to licensed premises
within Moray recorded on the InnKeeper system.  This is an increase from 546 the
previous reporting year, which reflects the increase of trade due to the relaxing of
COVID-19 restrictions.               
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 92 incidents connected to licensed premises
within Moray recorded on the InnKeeper system.  This is an increase from 32 the
previous reporting year and again reflects the increase of trade during the period of
reporting.               
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. 
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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 two premises in Moray that were subject to a
period of intervention.  The issues that were addressed related either to incidences
of violence on the premises and/or perceived management shortcomings following
serious incidents.   
Partnership working between the Police, the Licensing Standards Officers and the
premises licence holders and premises’ management teams continues to hopefully
fully resolve the issues and prevent bringing the matters to the Licensing Board by
premises licence review application. 
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.
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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. 
There was one reported case 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 
the criminal group 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
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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. 
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.     
It is intended that our involvement and participation in public safety campaigns will
continue. The team will be actively engaged in promoting the national ‘It’ll cost you’
campaign aimed at deterring proxy sales of alcohol for supply to children and young
persons.
The ending of the current Government restrictions in respect of COVID-19 has seen
an increase in activity within the Licence trade.  We see this as an opportunity to
reinvigorate our processes and we are looking at ways of improving our performance
across the entirety of A Division, including Moray. We have already undertaken
refresher sessions for our Community Policing Teams in respect of Inspections of
licenced premises, which will continue throughout the year. Members of the team will
also be involved in various local initiatives centred on Licensing.
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 safe and healthy 2022/2023. 
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
Type Premises Applicant Date received Comments
New Premises Threaplands Ltd
Threaplands Garden
Centre
A96
Ben Laing
13 Morriston Road
Elgin
Moray
IV30 4EB
16.02.2022 New Premises Application 
Paperwork in order
No site visit
No objections or representations 
Police conditions accepted by
applicant
In terms of Section 22(1)(b)(ii) and
(iii) of the same Act, I make the
following representation and
recommend that the licence be
granted with the following conditions: 
That there is a recorded age
verification system in place in
respect of remote/online sales and
that ‘Challenge 25’ is carried out at
any point of collection or delivery of
alcohol;
All children to be accompanied by a
responsible adult whilst within the
licensed area;
Signage to be displayed indicating
that alcohol is not to be removed
from the licensed area; 
Item 5.
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
Where there is no existing
delineation/boundary, the area to be
delineated by a barrier or similar. 
New Premises Bootleggers
West Beach Caravan
Park
Hopeman
Elgin
Moray
IV30 5RU 
Barry Scott
The Woolmill
Dallas
Forres
Moray
IV36 2RZ
12.09.2022 New Premises Application 
Waiting for Sec 50 Provisional BS
Waiting for paperwork
No objections or representations 
No stte visit
Major Variation Baxters Food Group
Fochabers
Moray
IV32 7LD 
MO/PRM/0148
Karlie Thomas
Baxters Food Group
Fochabers
Moray
IV32 7LD
28.09.2022 Major Variation Application 
To make changes to the operating
plan including remove all children
and young person access.  
Remove all activities associated
with on sales.  Remove On sale
hours.
To amend off sales terminal hour
Monday to Sunday to 22:00.
Add delivery to activities.
The premises will now be licenced
for purely remote sales 
Removal of seasonal variations
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
Removal of additional activities 
Change of Designated Premises
Manager 
Paperwork in order
No objections 
No site visit 
Police representation accepted by
applicant recommend the
application be granted subject to a
condition that a recorded age
verification system is in place in
respect of any remote/online sale of
alcohol.
Applicant accepted condition, police
withdrew representation 
New Premises Click Whisky
Auctions
Unit 4 Chanonry
Court
Chanonry Road
South
Elgin
Moray
IV30 6NG 
Murray Greig
14 Tannachy Terrace
Portgordon
Buckie
Moray
AB56 5PF
07.10.2022 New Premises Application 
Waiting for Sec 50, EH and
Planning
Waiting for paperwork
No objections or representations 
No site visit 
Police condition accepted by
applicant:
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
1.The premises will not display any
external advertisement or overt
signage indicating that the premises
is licensed under the Licensing
(Scotland) Act 2005, for the purpose
of selling alcohol products from the
premises; 
2.There is a recorded age
verification system in place in
respect of remote/online sale of
alcohol and that ‘Challenge 25’ is
carried out at any point of collection
or delivery of alcohol. 
Waiting for police representation to
be withdrawn 
New Premises Glenrothes Distillery
Burnside Street
Rothes
Aberlour
Moray
AB38 7AA
Highland Distillers
Limited
100 Queen Street
Glasgow
G1 3DN 
12.10.2022 New Premises Application 
Waiting for Sec 50 BS, EH and
Provisional Planning certificate
received 
Waiting for paperwork
No objections or representations 
No site visit 
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
Major Variation Keith Railway Club
Union Street
Keith
Moray
AB55 5BP 
MO/PRM/287
Gordon Strathdee
21A Nelson Terrace
Keith
Moray
AB55 5EF 
23.09.2022 Major Variation Application 
Waiting for paperwork
No objections or representations yet
No site visit 
Amendments to the operating plan 
Amend Q.2 on premise sales core
hours to 1100 to 2300 hours Sunday
to Wednesday, 1100 to 0000 on
Thursday and 1100 to 0130 hours
on Friday and Saturday; 
Amend Q.3 to include off premise
sales from 1000 to 2200 hours daily;
Amend Q.4 Seasonal Variations
with the wording provided;
Amend Q.5 activities to include
Conference facilities, Bar meals,
Theatre and Films, both within and
out of core licensed hours, with the
additional wording provided.
Amend Q.6 Children and Young
person’s access as follows;
All children and young persons to be
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MORAY LICENSING BOARD 
MEETING, 16 November 2022 at 14:00hrs in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX 
Licensing (Scotland) Act 2005 
granted access whilst accompanied
by a responsible adult over the age
of 18 and within the public bar area,
for the purposes of partaking in a
meal, until the terminal hour of 2200
or, if attending a function, until its
terminal hour. 
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Key to Colour Coding of Applications within Appendices to
the Agenda of Business for the Moray Licensing Board 
All matters are to be heard by the Moray Licensing Board and the Moray
Licensing Board has the final decision. However, in accordance with
Government Guidance and locally agreed procedure, applications may be
submitted to the Board with a general recommendation.   
Please note that colour coding may be subject to change given the nature of
the licensing procedure. Documents may be received and/or negotiations
resolved following publication of the agenda. 
RED 
YELLOW 
GREEN
Indicates that the application will normally require to be
heard, whether by virtue of general procedural rules or as a
result of problems arising. This should apply to all new
premises/provisional licence applications. There may be
ongoing negotiations to resolve problems.
Indicates changing circumstances with the application. It is
not ready to be granted at the time of publication but there
are not normally major problems e.g. procedural issues or
ongoing negotiations. Applications will normally be submitted
with recommendation for grant or deferral.
Indicates that all is in order with the application. All
documents have been received and checked. All procedures
have been followed. There are unlikely to be any
representations, objections or problems or the same have
been resolved. It is being submitted with a recommendation
for grant but members are free to make enquiries as they see
fit.
Item 5.
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Licensing (Scotland) Act 2005 
Licensing Objectives
Section 4 sets out the licensing objectives: 
“(1) For the purposes of this Act, the licensing objectives are— 
(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.” 
Applications for a Premises Licence or 
Provisional Premises Licence 
Section 20 Application
By section 20 any person (over 18) may apply to the appropriate Licensing Board
for a premises licence in respect of any premises.
An application under subsection must—
(a)contain a description of the subject premises, and
(b)be accompanied by—
(i)an operating plan for the subject premises,
(ii)a “layout plan” of the subject premises, and
(iii)the certificates required by section 50(1). 
Notice of Application
Notice of the application has been given to—
(a) each person having a notifiable interest in neighbouring land i.e. neighbours
within 4 metres of the boundary of the premises
(b) the community council within whose area the premises are situated,
(d) the chief constable, and
(e) the fire service
(f) the NHS 
Objections / Representations
By section 22 any person may, by notice to the Licensing Board— 
(a) object to the application on any ground relevant to one of the grounds for
refusal (detailed below)
(b) make representations to the Board— 
(i) in support of the application, 
(ii) as to modifications which the person considers should be made to
the operating plan accompanying the application, or 
(iii) as to conditions which the person considers should be imposed. 
Item 5.
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A representation is not an objection to a licence being granted. It means the
representer would like to see a changes or changes to the licence or conditions on
the licence before it is granted. 
Where a Licensing Board receives a notice of objection or representation the
Board must— 
(a) give a copy of the notice to the applicant, and 
(b) have regard to the objection or representation in determining the
application, 
unless the Board rejects the notice as being frivolous or vexatious. 
Where a Licensing Board rejects a notice of objection or 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. 
Consideration and determination of a Premises Licence Application
Section 23(4) states that:
“(4) The Board must, in considering and determining the application, consider
whether any of the grounds for refusal applies and— 
(a) if none of them applies, the Board must grant the application, or 
(b) if any of them applies, the Board must refuse the application.” 
Possible Courses of Action
1. Grant the licence as applied for;
2. Grant the licence with a condition(s) under s.27(6). Determine the licensing
objective and how the situation can be improved and the exact terms of a
condition.
3. Grant the licence with a modification to the operating plan under s.23(7) which
states that
“(7) Where the Licensing Board considers that— 
(a) they would refuse the application as made, but 
(b) if a modification proposed by them were made to the operating plan for
the subject premises accompanying the application, they would be able to
grant the application, 
the Board must, if the applicant accepts the proposed modification, grant the
application as modified.”
4. Refuse - In section 23(5) of Act:
(5) The grounds for refusal are— 
(a) that the subject premises are excluded premises, 
(b) that the application must be refused under section 25(2) (licence refused
within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3)
(off sale hours outside 10am to 10pm), 
(ba) that the Licensing Board consider, having regard to the licensing
objectives, that the applicant is not a fit and proper person to be the holder
of the premises licence,
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(c) that the Licensing Board considers that the granting of the application
would be inconsistent with one or more of the licensing objectives, 
(d) that, having regard to— 
(i) the nature of the activities proposed to be carried on in the subject
premises, 
(ii) the location, character and condition of the premises, and 
(iii) the persons likely to frequent the premises, 
the Board considers that the premises are unsuitable for use for the
sale of alcohol,
(e) that, the Board considers that, if the application were to be granted, there
would, as a result, be overprovision of licensed premises, or licensed
premises of the same or similar description as the subject premises, in
the locality.
5. Defer – if for example the Board wanted to arrange a further site visit. 
Consequences of Refusal
Section 25 says that where a Licensing Board has refused a premises licence
application the Board must refuse any subsequent premises licence application in
respect of the same premises before the expiry of the period of one year beginning
with the date of the earlier refusal UNLESS at the time of the earlier refusal the
Board directed that this provision would not apply or the Board is satisfied that
there has been a material change of circumstances. 
Applications to Vary a Licence 
Section 29 Application 
By section 29(1) a premises licence holder may apply to the appropriate licensing
Board for a variation of the licence. Such an application must be accompanied by
(a) the premises licence to which the application relates, or
(b) if that is not practicable, a statement of the reasons for failure to produce the
licence. 
Meaning of Variation 
Section 29(5) defines a variation as meaning any variation (which includes addition
deletion or other modification) of:
(a) any of the conditions to which the licence is subject (other than those to which
the licence is subject by virtue of section 27(1) which are Schedule 3 mandatory
conditions and cannot be changed);
(b) any of the information contained in the operating plan contained in the licence;
(c) the layout plan contained in the licence; or
(d) any other information contained or referred to in the licence.
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Generally a variation that involves a change to the information contained within the
operating plan is not a minor variation and it requires to be determined by the
Licensing Board. 
Any variation that involves:
(i) a change to the layout plan that does not affect the operating plan
(ii) a restriction on the access for children/young persons 
(iii) a change of premises manager
(iv) reduction in the alcohol display area or capacity
(v) reduction in the core hours
can be considered to be a minor variation which must be granted and so is dealt
with under delegated powers. 
Notice of Application 
Notice of the application has been given to—
(a) each person having a notifiable interest in neighbouring land i.e. neighbours
within 4 metres of the boundary of the premises
(b) the community council within whose area the premises are situated,
(d) the chief constable, and
(e) the fire service
(f) the NHS 
Section 22 applies the same as it does to a premises licence application and so
any person may, by notice to the Licensing Board object to the application on any
ground relevant to one of the grounds for refusal or make representations to the
Board concerning the application. 
Determination of the Variation Application 
Section 30(3) provides that the Licensing Board must hold a hearing for the
purpose of considering and determining the application. The Board must consider
whether any of the grounds for refusal applies and:
(a) if none of them applies, the Board must grant the application;
(b) if any of them applies, the Board must refuse the application; 
Section 30(5) provides that the grounds for refusal are:
(a) that the application must be refused under section 32(2) (licence refused
within the last year), 64(2) (licence sought for 24 hours continuous) or 65(3)
(off sale hours outside 10am to 10pm);
(b) that the Licensing Board considers that the granting of the application
would be inconsistent with one or more of the licensing objectives;
(c) that, having regard to the nature of the activities carried on or proposed
to be carried on in the subject premises, the location, character and
condition of the premises, and the persons likely to frequent the premises,
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the Board considers that the premises are unsuitable for use for the sale of
alcohol in accordance with the proposed variation;
(d) that the Board considers that if the application were to be granted, there
would, as a result, be overprovision of licensed premises, or licensed
premises of the same or similar description as the subject premises (taking
account of the variation), in the locality. 
Where the Licensing Board grants the application, the Board may make a variation
of the conditions to which the licence is subject. 
Where the Licensing Board refuses the application the Board must specify the
ground for refusal, and where relevant the Board must specify the licensing
objective or objectives in question. 
Subsequent Applications Following Refusal 
Section 32 says that where a Licensing Board has refused a premises licence
variation application the Board must refuse any subsequent premises licence
variation application in respect of the same premises licence, and seeking the
same variation made before the expiry of the period of one year beginning with the
date of the earlier refusal UNLESS at the time of the earlier refusal the Board
directed that this provision would not apply or the Board is satisfied that there has
been a material change of circumstances. 
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