Agenda Document Pack - Licensing Committee - 18/06/2025
Moray Council · 18 June 2025
Back to Licensing Committee — 18 June 2025 and its agenda
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Licensing Committee Wednesday, 18 June 2025 NOTICE IS HEREBY GIVEN that a Meeting of the Licensing Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Wednesday, 18 June 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of meeting held 30 April 2025 5 - 8 4. Written Questions ** 5. Application for Grant of a Public Entertainment Licence Report by Depute Chief Executive (Education, Communities and Organisational Development) 9 - 38 6. Annual Functions Report Report by Depute Chief Executive (Education, Communities and Organisational Development) 39 - 50 Summary of Licensing Committee functions: To deal with all aspects of the issue of licenses by Local Authorities as required by Government; to deal with matters of Licensing and registration not falling within the functions of any other Committee. 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 attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. 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 published on the Council’s committee management system by 4pm the day before the meeting. The Member who has put the question may, after the answer has been published, ask one supplementary question directly related to the subject matter at the meeting, 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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MORAY COUNCIL Licensing Committee SEDERUNT Councillor Paul McBain (Chair) Councillor Peter Bloomfield (Depute Chair) Councillor James Allan (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor Theresa Coull (Member) Councillor John Divers (Member) Councillor Jérémie Fernandes (Member) Councillor Donald Gatt (Member) Councillor David Gordon (Member) Councillor Juli Harris (Member) Councillor Marc Macrae (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 Committee Wednesday, 30 April 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Divers, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Marc Macrae, Councillor Paul McBain, Councillor Ben Williams APOLOGIES Councillor James Allan, Councillor Jérémie Fernandes IN ATTENDANCE Sean Hoath, Senior Solicitor; Jennifer Smith, Legal Advisor; Lindsey Robinson, Committee Services Officer; all Moray Council and PC Kevin Skivington, Police Scotland 1. Chair Councillor Paul McBain chaired the meeting. 2. Declaration of Group Decisions and Members Interests * In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there were no 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. 3. Resolution The Meeting resolved that under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 7 of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Paragraph Number of Minute Paragraph number of Schedule 7a and Reason 7 14 - Information relating to any action taken in connection with the prevention, investigation, or prosecution of crime. 4. Minute of the meeting held 5 February 2025 Item 3. Page 5
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The minute of the meeting of the Licensing Committee held on 5 February 2025 was submitted and approved. 5. Written Questions ** The meeting noted that no written questions had been submitted. 6. Mandatory review of Taxi Fares and Charges The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) inviting the Committee to consider the responses received as part of the formal consultation carried out in relation to the review of the maximum fares and charges applicable to taxis and, in light of those responses, to agree a new fare card. During consideration Councillor Bloomfield, seconded by Councillor Divers, moved that the taxi fares remain the same. Following consideration the Committee unanimously agreed: i. to note the responses received from the formal consultation process; ii. that the maximum fare and charges applicable to Moray will not change, and have effect from 30 May 2025; and iii. to instruct the Head of Governance, Strategy and Performance to implement the new fare card on that date. 7. Possible Suspension of a Taxi Licence [Para 14] The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) informing the Committee of a letter of complaint received on behalf of the Chief Constable in respect of the holder of a current taxi driver licence. The Chief Constable requested suspension or revocation of the licence. As there are no powers delegated to the Head of Governance Strategy and Performance to permanently suspend or revoke the licence in this regard the matter must, therefore, be determined by the Licensing Committee. Mrs Smith introduced the report and advised the Committee that the applicant had been sent all the paperwork and details of the meeting. The Committee noted that the applicant was in attendance. The Chief Constable was represented by PC Kevin Skivington. On the invitation of the Chair PC Skivington addressed the Committee and responded to questions from members. On the invitation of the Chair the applicant addressed the Committee and responded to questions from members. Councillor Bloomfield moved that no action be taken as the applicant had shown remorse and all the fines had been repaid. This was seconded by Councillor Macrae. Page 6
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There being no one otherwise minded, the Committee agreed to take no action. Page 7
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Report to: Licensing Committee Meeting Date: 18 June 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: GSP037/25 Author: Jennifer Smith Contact Email: licensing@moray.gov.uk Subject: Civic Government (Scotland) Act 1982 – Application for Grant of a Public Entertainment Licence 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider an application for the grant of a public entertainment licence, received on 23 April 2025, that is the subject of two adverse representations from statutory consultees. 1.2 This report is submitted to Committee in terms of Section III (H) (1) and (2) of the Council’s Scheme of Administration relating to exercising the function of the Council as licensing authority for the Moray Council area and issuing and suspending, revoking and refusing applications for all licences in terms of the Civic Government (Scotland) Act 1982. 2. SUMMARY 2.1 The reports provides the committee with information to enable consideration of an application for the grant of a public entertainment licence which is subject to adverse representations. 3. RECOMMENDATIONS 3.1 The Committee is invited to consider the application in light of the matters referred to in this report and the provisions of the Civic Government (S) Act 1982 and thereafter:- i) Grant the licence; or ii) Grant the licence and (either or both): (a) disapply or vary any standard conditions applicable to the licence; and/or (b) impose conditions in addition to any mandatory or standard conditions to which the licence is subject; or iii) Refuse to grant the licence. Jennifer Smith Solicitor Item 5. Page 9
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4. BACKGROUND AND CONTEXT 4.1 The licensing authority must consider the application within 3 months of it having been made and reach a final decision on it within a further 6 months. The application must therefore be decided by 23 January 2026. Nevertheless the applicant has committed to scheduled events taking place at the premises and so the licence is requested as soon as possible. Powers are delegated to the Head of Governance, Strategy and Performance to grant or where appropriate, renew licences only if there are no objections or adverse representations received from a consultee. In light of the circumstances detailed within this report, it is appropriate that this matter be dealt with by the Licensing Committee. 4.2 A copy of the application is provided in Appendix 1. 4.3 The following adverse representations have been received and copies are provided in Appendix 2. (a) Letter dated 15 May 2025 received from Moray Council’s Environmental Health Service. (b) Letter dated 20 May 2025 received from a member of the public. Both adverse representations were received within the statutory time limit. 4.4 The applicant has been provided with a copy of the adverse representations lodged against the application and all parties have been invited to attend the meeting. 5. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x StaƯing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact X Page 10
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☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal Under the Civic Government (Scotland) Act 1982 (“1982 Act”) where an application for the grant or renewal of a licence is received, a licensing authority can:- grant (or renew) the licence; or grant (or renew) a licence and in doing so disapply or vary any standard conditions applicable to the licence; or (failing which) grant (or renew) a licence and impose additional conditions to the licence; or (failing which) refuse to grant (or renew) the licence. Considerations to which the Committee may have regard In considering whether or not to grant a licensing application, the Committee may have regard to any misconduct on the part of the applicant which in its opinion has a bearing on their fitness to hold a licence. This includes, but is not limited to, previous and spent convictions. Granting the Application The licensing authority is obliged to grant the licence unconditionally unless it considers that any of the criteria below apply to justify granting it with conditions or refusing it altogether. In granting the application the Committee may choose to grant a licence and disapply or vary any of the standard conditions (i.e. local conditions agreed by the licensing authority) which ordinarily apply to the licence, if there is a justifiable reason for doing so. Where the Committee is not minded to grant the application unconditionally, it should first move to consider whether the application should be granted with additional conditions. Additional conditions may include conditions restricting the licensable activity, for example restricting the activity to certain times. Where the committee chooses to impose additional conditions to a licence, the additional conditions must be reasonable (Paragraph 5 (2) Schedule 1, 1982 Act) and they must now relate to fire safety or any other matter dealt with under the Fire (Scotland) Act 2005 (Paragraph 5(2A) Schedule 1, 1982 Act). In addition, it is important that the removal, variation or addition of conditions is not inconsistent with any of the mandatory licence conditions (Paragraph 5 (2B) Schedule 1, 1982 Act). Refusal of an Application Page 11
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There are certain circumstances under which the Committee is obliged to refuse an application to grant or renew a licence. These are provided at paragraph 5(3) of Schedule 1 to the 1982 Act and are:- (a) the applicant or, where the applicant is not a natural person, any director of it or a partner in it or any other persons responsible for its management is either:- (i) for the time being disqualified from holding a licence under section 7(6) of the Act; or (ii) not a fit and proper person to be the holder of the licence. (b) the activity to which it relates would be managed by or carried on for the benefit of a person other than the applicant who would be refused the grant or renewal of such a licence if he made the application himself. (c) where the licence applied for relates to an activity consisting of or including the use of the premises or a vehicle or a vessel those premises are not or as the case may be that vehicle or vessel is not suitable or convenient for the conduct of the activity having regard to:- (i) the location, character or condition or the premises or the character or the condition of the vehicle or vessel; (ii) the nature and the extent of the proposed activities; (iii) the kind of person likely to be in the premises vehicle or vessel; (iv) the possibility of undue public nuisance; and (v) public order or public safety; or (d) there is other good reason for refusing the application. Where none of these conditions apply, the licensing authority is obliged to grant the application. 6.4 Financial There are none arising from this report. One oƯ Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments N/A N/A N/A N/A N/A N/A Annually Recurring Costs: Service Area Budget With EƯect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A Page 12
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6.5 Risk None arising from this report. 6.6 StaƯing None arising from this report. 6.7 Best Value and Transformation None arising from this report. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact In considering this matter the Committee should have regard to the subject’s rights under the European Convention on Human Rights (and the Human Rights Act 1998). In particular: Article 8 – access to private and sensitive information about the person 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 Committee 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; EƯiciency; Enabling elderly people to live at home longer. Saving cost may be relavtn but 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 be discriminated against in relation to the convention rights. The definition of discrimination under this Article covers a much wider spectrum that the protected characteristics under the Equality Act 2010. The Committee should therefore have regard to all the applicant’s circumstances. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 6. CONSULTATION 7.1 The Chief Constable, Fire Scotland, the Council’s Environmental Health, Planning and Building Standards Services have been consulted. The relevant adverse representations are detailed above. The Chief Constable, Fire Scotland, the Council’s Planning and Building Standards Services have made no representations regarding the application. Page 13
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7. BACKGROUND PAPERS 8.1 There are no background papers Page 14
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Last Updated 29/03/2019 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 APPLICATION FOR THE GRANT OR RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE PLEASE READ GUIDANCE NOTES SUPPLIED BEFORE COMPLETING FORMS A. PERSONAL DETAILS Full Name ………………………………………………………………………………….. Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Tel. No ……………………………………Mobile…………………………………….. Email ………………………………………………………………………………….. Date of Birth …………………………………….Age………………………………………. Place of Birth ………………………………………………………………………………….. Do you intend to carry out the day to day management of the business YES / NO B. BUSINESS DETAILS Full Name of Business The Fishermen’s Hall Trust………………………….. Address of Registered 16 North Pringle Street. or Principal Office Buckie, Moray. ………………………………………………………………………………….. Post Code AB56 1HT……………………………………………….. Tel. No 01542 780631………………………………………….. Email fishermenshallbuckie@gmail.com………………………….. Nature of Business Firm/Partnership Limited Company Organisation X Page 15
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Last Updated 29/03/2019 If you are a registered charity please provide your number SC048459……………….. Full details of all Directors or Partners of the business (continue on a separate sheet if required) Full Name Gifford Leslie……………………………………….. Home Address Post Code Tel. No Email Date of Birth Place of Birth Full Name Gordon Cowie…………………………………………………….. Home Address Post Code Tel. No Email Date of Birth Place of Birth Full Name Sandra Leslie…………………………………………………………….. Home Address Post Code Page 16
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Last Updated 29/03/2019 Tel. No Email Date of Birth Place of Birth Full details of the employee responsible for the day to day management of the business Full Name Clare Schoeman………………………………………………………….. Home Address Post Code Tel. No Email Date of Birth Place of Birth C. LICENCE DETAILS Duration of Licence Temporary 1 Year 3 Years X Tick one box only Grant Renewal If Renewal – Current Licence Number 22/00472/PENT3………………………………….. If not a Renewal: Have you previously held a Public Entertainment Licence in this area or any other area in the UK? YES / If Yes Area Moray………………………………………………………….. Dates and duration of licence 2022 til 19th April 2025……………………………………….. Reason no longer licensed License expired 3 days ago before we could renew it. If not a Renewal Have you previously been refused a Public Entertainment Licence in this area or any other area of the UK? / NO Page 17
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Last Updated 29/03/2019 If Yes Area ………………………………………………………………….. Reason for refusal(s) ………………………………………………………………….. Date(s) of Refusal ………………………………………………………………….. D. ENTERTAINMENT DETAILS Name of place/site or address The Fishermen’s Hall……………………………………….. of premises for which the licence is required 16 North Pringle St……………………………………….. Buckie AB56 1HT………………………………………….. State dates and times during which 8am to 1am……………………………………………….. the entertainment/recreation will be held All year round, when a function is booked which is mainly only required at weekends. State the maximum number of persons to be admitted to the premises/site/event 336 maximum capacity for close seated rows. 200 for at any one time seated and dancing events. Tick kind(s) of public entertainment or recreation to be carried on at premises/site Billiard, snooker or pool halls Video machine parlours/amusement arcades Circuses Exhibitions of performing animals Funfairs/fairgrounds Public fireworks or bonfire displays X Indoor events involving amplified music to which 100 or more persons are to be admitted Outdoor events involving amplified music to which any number of persons are to be admitted Commercial events held in marquees Agricultural shows X Commercial discos Licensed premises in which public entertainment is being provided outside the licensed hours X Plays or other dramatic performances X Exhibitions, demonstrations or performances of hypnotism If the public entertainment is a play or dramatic performance please state the nature of the performance Pantomime for the local schools at Christmas…………………………………………… Is planning consent required / NO If Yes, please give the reference and the date granted …………………………………………….…. If No, please search “Do I need planning permission?” at www.moray.gov.uk Page 18
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Last Updated 29/03/2019 Is a building warrant required? / NO If yes, please give the reference and the date granted ……………………………………………….. If No, please search “Do I need a building warrant?” at www.moray.gov.uk E. INSURANCE DETAILS Specify the public liability insurance you have in force, giving details of the insurance company and the amount of cover. Public Liability insurance with Zurich up to £10,000,000 for any one event………………………..... ………………………………………………………………………………………………………………….. NOTE: Please enclose, with the application, the insurance certificate or other proof of insurance cover. F. CRIMINAL CONVICTIONS Have you, or any other person named in this application, ever been convicted of any crime or offence / NO If yes, details ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… See Guidance Notes for reference to “Spent Convictions” G. RESIDENCE OUTSIDE THE UK Since being born have you, or anyone named in this application, lived outside the UK for a / NO continuous period of 12 months or more? If you have answered YES please provide details of all the countries in which you, or anyone named in this application, have lived. Please continue on a separate sheet if required. Country of Residence………………………………………From ............................To…………………. Country of Residence………………………………………From ............................To…………………. Country of Residence………………………………………From ............................To…………………. Country of Residence………………………………………From ............................To…………………. For each country you, or anyone named in this application, have lived in the last 10 years you are required to provide a Criminal Record Check. Please refer to the guidance for further details of the documentation you are required to provide. Page 19
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Last Updated 29/03/2019 I/we declare that I/we shall, for a period of 21 days commencing with the date hereof, display at or near the premises so that it can be conveniently read by the public, a notice complying with the requirements of Paragraph 2(3) of Schedule 1 of the Civic Government (Scotland) Act 1982. OR …………………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… Delete (A) or (B) as appropriate. Where declaration (A) is made a Certificate of Compliance in accordance with Paragraph 2(2) of Schedule 1 to the Civic Government (Scotland) Act 1982 must be produced in due course. Declaration I declare that the particulars given by me on this form are true and I hereby make application to Moray Council for the grant or renewal of the licence applied for. Signature of applicant Date 22/04/25……………………….... or Signature of Agent on ………………………………………Date ………………………………….. behalf of applicant Agents Address ………………………………………………………………………………….. ………………………………………………………………………………….. NB. It is an offence for any person to make any statement which he knows to be false in this application or in connection with the making of this application Data Protection - The Moray Council / Licensing Board is the data controller for this process. Information about you on this form will be used to process your licensing application. In processing your application, the information may be shared between Council departments, other agencies and the public where necessary and/or in accordance with statute. The Council / Board has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit Licensing Privacy Statement. For full Data Protection policy, information and rights please see www.moray.gov.uk/dataprotection . Page 20
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Last Updated 29/03/2019 GUIDANCE NOTES for PUBLIC ENTERTAINMENT LICENCES Civic Government (Scotland) Act 1982 Disclaimer These notes have been prepared as an outline of the licensing provisions in connection with public entertainment introduced by the Civic Government (Scotland) Act 1982. While every effort has been made to ensure accuracy, these notes are for general guidance only and do not constitute legal advice. It is the responsibility of applicants and licence holders to ensure that they comply with the provisions of the Act, any statutory instruments made thereunder, the conditions outlined in the schedule attached to your licence and any policy/ guidance notes issued by the Council. INTRODUCTION A licence is required by law for the use of premises as a place of public entertainment where members of the public are admitted, or may use any facilities for the purposes of entertainment or recreation. A licence is required whether or not it is free to enter. Licensable Categories of Public Entertainment In Moray the categories of public entertainment requiring a licence are limited to the following: • Video machine parlours/amusement arcades • Billiard, snooker or pool halls • Circuses • Exhibitions of performing animals • Funfairs/fairgrounds • Public firework or bonfire displays • Indoor events involving amplified music to which 100 or more persons are to admitted • Outdoor events involving amplified music (to which any number of persons are to be admitted) • Commercial events held in marquees • Agricultural shows • Commercial discos • Licensed premises within the meaning of the Licensing (Scotland) Act 2005 in which public entertainment is being provided outwith the licensed hours. • Plays or other dramatic performances • Exhibitions, demonstrations or performances of hypnotism Statutory Exemptions Page 21
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Last Updated 29/03/2019 The following places/premises do not require a licence: • An athletic or sports ground while being used as such • Premises which require an Indoor Sports Entertainment Licence in terms of Section 41A of the Civic Government (Scotland) Act 1982 and are being used under that licence • Premises belonging to or occupied by any religious body while being used for purposes concerned with that body • Premises licensed under the Theatres Act 1968 and Section 1 of the Cinemas Act 1985 • Premises in respect of which there is a licence or permit under the Gambling Act 2005 while being used in terms of that licence or permit • Liquor licensed premises within the meaning of the Licensing (Scotland) Act 2005 in which public entertainment is being provided during the licensed hours within the meaning of that Act • Premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment. Local Exemptions As well as the abovementioned statutory exemptions, a public entertainment licence is not required in the Moray Council area for any local gala day or fete (including any gala day or fete which involves any activity which could be classed in the category “funfairs/fairgrounds” above) unless the event also includes a public firework or bonfire display. A gala day or fete may be characterised by: • An outdoor location; and • Stalls and games; and • The celebration of a particular local or national event; and • A particular history to the event which has established its status as a gala day Highland games are not considered to be gala days or fetes and as such will be subject to normal public entertainment licensing requirements. If you believe your event qualifies as a local gala day or fete you should contact the licensing team for advice. We may require detailed information about the activities you intend the event to include. In addition, the Council has designated the following Council-owned sites used by circuses, funfairs or fairgrounds as not requiring a public entertainment licence • Lossie Green, Elgin • Grant Park, Forres • Seafield Park, Keith • Cullen Links • Linzee Gordon Park, Buckie • Strathlene Park Buckie THE APPLICATION FORM Page 22
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Last Updated 29/03/2019 The application is split into 8 sections A. Personal Details B. Business Details C. Licence Details D. Entertainment Details E. Insurance Details F. Criminal Convictions G. Residence Outside the UK You must answer all of the questions as fully as you can as failure to do so may result in your application being returned to you. Your application will not be processed until you have provided all the necessary information. A. PERSONAL DETAILS It is essential that your full details are supplied on the application form so that necessary Police checks can be undertaken swiftly and so your application can be progressed as quickly as possible. B. BUSINESS DETAILS You require to complete this section if you are employed by a company. Please include the details of any Partners, Directors responsible for the management of the business. C. LICENCE DETAILS You may apply for a licence for a period of one or three years. Three years is the maximum period for which a licence can be issued. A three year licence will generally only be granted for permanent structures and premises. Licenses for semi-permanent structures/premises will generally be granted for one year only. You may also apply for a temporary licence. A temporary licence can last up to a maximum of six weeks. In all cases, the licensing authority reserves the right to grant licenses for a shorter period. • Grant of a Licence - if you have never held a public entertainment licence before or you do not currently have such a licence you need to apply for the grant of a licence • Renewal of Full Licence - if you currently hold a full public entertainment licence which has not expired but is due to expire then you need to apply for a renewal of the licence D. ENTERTAINMENT DETAILS It is essential that full details are supplied about the premises or site where the entertainment is to be held in order that its suitability can be assessed. You are also required to give full details as to the days and hours of operation of the entertainment. In addition, you are required to stipulate the maximum anticipated number of attendees. Please note that this may affect the fee that is charged for your licence (please see the current fees at www.moray.gov.uk ). If granted, your licence will stipulate the number of people entitled to attend and you will be required to ensure that this limit is not exceeded. Page 23
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Last Updated 29/03/2019 The application form also requires you to specify the type of entertainment to be operated at the site/premises. E. INSURANCE DETAILS Under this section you are asked to provide details of your public liability insurance policy. You are also asked to produce a certificate or other proof of insurance cover when you lodge the application. Moray Council requires applicants for the grant or renewal of public entertainment licenses to have in force during the period of their licence a policy of public liability insurance with a reputable insurance company for not less than £5 million in respect of the premises / location to be licensed. F. CRIMINAL CONVICTIONS This section asks whether you or anyone named in the application have ever been convicted of any crime or offence. Please note that this includes any fixed penalties or driving convictions. Although you are not required to disclose any convictions which are “spent” in terms of the Rehabilitation of Offenders Act 1974, the Police may raise an objection on the basis of any spent convictions you may have and the licensing authority may thereafter decide to consider these if they are determined to be relevant to your application. If you think a conviction is spent you should seek independent legal advice. Failure to disclose convictions is a criminal offence and any applicant failing to disclose a conviction may be reported to the Procurator Fiscal with a view to prosecution. G. RESIDENCE OUTSIDE THE UK If you are making an application you, or anyone named in the application must provide evidence of your criminal history: • If you were born in the UK but have lived in any other country within the ten years prior to your application for a continuous period of twelve months or more you must provide a Criminal Record Check for all those countries for the relevant period(s) • If you were born outwith the UK you must provide a Criminal Record Check from your country of origin for the time of residence there IF it was in the last ten years, unless you left that country without reaching the criminal age of responsibility. You must also provide a Criminal Record Check from any other country in which you have resided for a continuous period of twelve months or more in the ten years prior to application. In all cases, the Criminal Record Checks provided must • have been obtained within the six months immediately prior to submitting your application; and • be translated into English; and • be verified by the relevant UK-based Embassy or High Commission Page 24
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Last Updated 29/03/2019 Process for obtaining Criminal Record Checks - https://www.gov.uk/government/publications/criminal-records-checks-for-overseas- applicants Note: The certificate must be produced before the licence can be granted. Whilst it is desirable for the applicant to produce the certificate with the application, it is not a strict requirement. This is so any applicant having difficulties will not be disadvantaged by delays to processing the application. At the applicants choosing, the application can be accepted as valid without the convictions evidence but the evidence should be provided as soon as possible. In this way the convictions evidence will be a check rather than a validation. Applicants should still note, however, that the licence cannot be granted without the evidence having been produced. Therefore if the application is approaching the 9 month time limit without the evidence being produced, the application may be refused for failure to comply with administrative provisions. If you are experiencing difficulties in obtaining a certificate then please contact the licensing team to discuss your options. It may be possible to accept alternative evidence, for example: evidence of checks having been carried out by another government body; affidavits; or character references. In cases where it is not possible to provide any satisfactory evidence, the application will be referred to the Licensing Committee for a decision. Therefore the application may be delayed pending the outcome of a hearing. GENERAL INFORMATION You require to sign and date the declaration at the bottom of the application form. This is a very important part of the form and you should note that it is a criminal offence to make a false declaration for which you can be prosecuted and fined up to £2,500. Once you have completed the application form please submit it to: Legal and Democratic Services Moray Council High Street Elgin IV30 1BX along with the appropriate fee (see section regarding fees below) and a certificate or other proof of Public Liability Insurance cover. You must also submit a plan showing the layout of the premises/location to be licensed and a risk assessment relating to health and safety responsibilities and fire safety. Your application will be copied to Police Scotland, the Scottish Fire and Rescue Service, the Council’s Chief Environmental Protection Officer, the Chief Building Control Officer and the Planning Enforcement Officer for them to review. If no objection or representation is made in relation to your application within 28 days, the Council will then proceed to issue your licence as soon as possible. If a representation or objection is received, however, your application will be referred to the Council’s Licensing Committee where elected Members will consider the matter. You will be given an opportunity to attend this meeting and put forward your case in support of your application. Please note that the Licensing Committee meets once every two months. Page 25
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Last Updated 29/03/2019 In view of the above, and to minimise the risk of your licence not being granted in time for your planned event or events, you are advised to submit your application for consideration no later than 4 months prior to the start date of your first event. CERTIFICATE OF DISPLAY If you are applying for the grant or renewal of a one year or 3 year licence you should also send the completed Certificate of Display once you have displayed the Notice at the premises for 21 days, to the above address. It is very important that the Display procedure is carried out correctly. You should note that failure to carry out the requirements will result in a delay in your application if the Display procedures have to be repeated. On the day you lodge your application for the licence you must:- (1) complete the form headed "DISPLAY NOTICE" (2) display it at or near the premises so that it can be conveniently read by the public It must remain there for 21 days You should check throughout the 21 days that it has not been removed, obscured or defaced. If it has been, you should ensure that it is protected or a replacement is displayed immediately At the end of the 21 days you must:- (1) remove the Notice (2) complete and return the form headed "CERTIFICATE OF DISPLAY" SCHEDULE OF CONDITIONS If your application is successful, it will be granted subject to certain conditions. These conditions will be contained in a Schedule of Conditions attached to your licence. The Licensing Authority may add additional conditions to your licence if there is reasonable cause for doing so. FEES Please refer to the Moray Council website for the list of current fees. If you have any queries please e-mail licensing@moray.gov.uk or contact us on 01343 563027. Page 26
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Last Updated 29/03/2019 CERTIFICATE OF DISPLAY GRANT / RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE WE The Fishermen’s Hall Trust…………………………………………………………………………. Applicant for a RENEWAL *1 of a Public Entertainment Licence hereby certify that a Notice in the form prescribed by Moray Council has been posted at or near the premises at The Fishermen’s Hall, 16 North Pringle Street, Buckie, Moray. AB561HT From……………22/04/25…………………………to…………14/05/25……………………………… …. Where the said Notice was removed, obscured or defaced during the above mentioned period. I/We certify that this was without any fault or intention on my/our part and I/we took reasonable steps for its protection and replacement as follows*²:- The certificate is displayed inside the main door visible through the glass window of the door. We endeavour to check it every day to make sure if the glass is defaced, that any vandalism is removed as soon as it is found. The certificate itself is protected by the glass of the door and cannot be removed by anyone passing. …………………………………………………………………………………….. ……………………………………………………………………………………………………………… ….. ……………………………………………………………………………………………………………… ….. ……………………………………………………………………………………………………………… ….. Date………………………………………………………………………………………………………… …. Signature…………………………………………………………………………………………………… …. *¹ Delete as appropriate Page 27
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Last Updated 29/03/2019 *² Delete this paragraph if not applicable otherwise specify periods when Notice removed, obscured or defaced, relevant circumstances, and steps taken for protection and replacement. Page 28
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Last Updated 29/03/2019 DISPLAY NOTICE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 APPLICATION FOR THE GRANT / RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE Notice is hereby given that The Fishermen’s Hall Trust. 16 North Pringle Street. Buckie. AB56 1HT (Applicant full name & address. Business or individual) Gifford Leslie. Struan House, Cluny Square, Buckie. Gordon Cowie, Gordon St. Buckie. Sandra Leslie, The Meadows, Buckie. (Names & address of directors/partners if applicant is a business) Clare Schoeman, Main St, Buckie. (Name and address of Responsible Employee if applicant is a business) has made application to the Moray Council for the grant/renewal of a Public Entertainment Licence to operate on the undernoted dates and times at the following premises: 16 North Pringle Street. Buckie. Moray. AB56 1HT………………………. (Address of premises) Between the times of 8am to 1am at any date the hall is required for a function………………………………………………………………………… (Dates & times applied for) Any Objection or Representation relating to the application should be made to the Head of Legal and Democratic Services, Moray Council, Council Office, High Street, Elgin, IV30 1BX (where a copy of the Application may be inspected) and requires to be lodged by: 21/05/25…………………………………………………………………. *Date Such a representation shall be considered to have been made within the period referred to if it is delivered by hand within that period or posted (by Registered or Recorded Delivery Post) so that in the normal course of the post it might be expected to be delivered within that period or e-mailed to licensing@moray.gov.uk within the period. Where an objection or representation is made to the Council after the date referred to but before the final decision is taken on the application it is competent for the Council to entertain such objection if it is satisfied that there is sufficient reason why it was not made within the period of time stated. ANY OBJECTION OR REPRESENTATION IN RESPECT OF THE FOREGOING APPLICATION MUST BE MADE IN WRITING AND MUST SPECIFY THE GROUNDS OF THE OBJECTION OR THE NATURE OF THE REPRESENTATION. In addition the name and address of the person making the objection or representation must be specified. Date 20/04/25......................................................... Signature of Applicant or Signature of Agent on behalf of applicant Clare Schoeman…………………… *the date stated should be the 28th day after the date the application was made to the Council THIS DISPLAY NOTICE MUST BE DISPLAYED FOR THE WHOLE OF THE PERIOD OF 21 DAYS AT OR NEAR THE PREMISES SO IT CAN BE CONVENIENTLY READ BY THE PUBLIC Page 29
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August 22 2022 The Moray Licensing Committee Council Offices, High Street, Elgin, IV30 1BX Civic Licensing (Scotland) Act 2005 Interested Party Objection / Representation Section 1 – Application Details This objection / representation relates to the following Application Applicants Name (If Known): Fishermans Hall Address of Premises: 16 North Pringle Street Buckie Moray AB56 1HT The Application is for : Knife Dealer Second Hand Dealer Late Hours Catering Sex Entertainment Venue Metal Dealer Sex Shop Market Operator Skin Piercing, Acupuncture and Tattooing Public Entertainment Licence 1yr or 3yr X Short Term Let Application number (if known) 25/00793/PENT3 Section 2 – Objector / Representer Details Please complete this information or your objection may not be considered (a) Individual Details: If you are objecting as a representative of an organisation or body please fill in just your name as then go to the subsection (b) below Individual Title Mr Mrs Miss Ms Other delete/complete as appropriate Surname First name(s) Individual Address (incl. postcode): (b) Organisation name if applicable Environmental Health, Moray Council If you are objecting or making representations on behalf of a group of residents or businesses or other body or organisation please complete the boxes below Please state nature of organisation - e.g. residents association, ward councillor, MP, trade association: Page 31
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August 22 2022 Local Authority Address of Organisation (incl. postcode) if applicable: High Street, Elgin, IV30 1BX Please note that a full copy of your objection/representation (with name and address) will be sent to the applicant and will be a public document at any hearing of this matter. You may be called to a hearing in due course. If you do not wish your objection/representation to be made public please complete this box to give reasons. If you do not wish to make an objection/representation public then it may be ruled as unusable or as being less important than a public one Please tick here if you do not wish your objection/representation to be made public and complete the box below and your reasons will be considered This is because: Section 3 – Objection/Representation Details I wish to make an Objection – I object to the application for a licence being granted at all – complete subsections (a) (where relevant) (b) (c) and (e) X I wish to make a Representation – I do not object to a licence in principle but I do wish to make a representation on the application in its current form – complete subsections (a) (c) (d) and (e) Note: The grounds must relate to the grounds for determination in Para 5(3) of Schedule 1 to the Civic Government (S) Act 1982. These could be matters relating to the location, condition or character of the building or the nature and extent of the proposed activity or the persons likely to visit the premises or the likelihood of undue public nuisance or a threat to public order or safety. For further information on the difference between objections and representations please consult our guidance on the subject available at www.moray.gov.uk/licensing You must complete this box as fully as possible. If you do not then the Committee may not understand why you have objected or made a representation. It is not sufficient just to tick the boxes above without a full explanation. Please attach supporting documents / further pages as necessary – Please number all extra pages. Supporting documents will also be made available to the applicant so that the applicant has due notice of the case against the application. You must be as specific as possible and give examples including dates / times etc. of incidences that have occurred that support your objection or representation, It is not enough to just state you do not think it should be licensed or you think something may happen. Environmental Health have received 6 complaints since 2023 relating to noise from the Fisherman’s Hall. All complaints relate to noise during events that run late into the evening and involve amplified music, especially bass disturbance. Various meetings, emails and discussions between the hall and this Section have taken place to discuss complaints and advice has been provided in respect to the law in respect to Statutory Nuisance (Environmental Protection Act, Page 32
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Report to: Licensing Committee Meeting Date: 18 June 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: GSP035/25 Author: Sean Hoath Contact Email: licensing@moray.gov.uk Subject: Civic Government (Scotland) Act 1982 – Annual Functions Report 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to seek approval to publish the final Annual Functions Report which incorporates a report from the Licensing Standards OƯicer. 1.2 This report is submitted to Committee in terms of Section III (H) (1) of the Council’s Scheme of Administration relating to the exercise of the function of the Council as licensing authority for The Moray Council area. 2. SUMMARY 2.1 It is mandatory that the Licensing Board produces an Annual Functions Report. Therefore it was deemed appropriate, for transparency and information, that an Annual Functions Report also be produced for the Licensing Committee. 3. RECOMMENDATIONS 3.1 It is recommended that the Committee:- i) Note the draft Annual Functions Report at Appendix 1, amend the same if the Committee considers appropriate and agree the final report; and ii) Instruct the Clerk to the Board to publish the agreed final report on the Council’s web pages. Sean Hoath Senior Solicitor Item 6. Page 39
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4. BACKGROUND AND CONTEXT 4.1 A draft Annual Functions Report has been produced so as to include the following; A statement as to how the Committee has regard to the licensing legislative requirements in exercising functions under the Civic Government (Scotland) Act 1982 (“the Act”) and other legislation; and A summary of the decisions made. 4.2 The draft report is produced at Appendix 1 for consideration and approval. The normal deadline for publication of the annual report is the end of June each year and it is intended that the report to this Committee will, as far as possible, follow this schedule. 5. PROPOSALS 5.1 It is proposed that the Committee consider the contents of this report, amend the draft Annual Functions Report at Appendix 1 if the Committee considers appropriate and agree to publish the final Annual Functions Report. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X StaƯing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. Page 40
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b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal Implications have been explained above. 6.4 Financial None arising from this report. One oƯ Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments N/A N/A N/A N/A N/A N/A Annually Recurring Costs: Service Area Budget With EƯect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 6.5 Risk None arising from this report. 6.6 StaƯing Preparation of statistics involves considerable staƯ time. Statistics are also useful for other purposes e.g. the annual return to the Scottish Government. No additional resources are required. 6.7 Best Value and Transformation None arising from this report. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact In considering individual decisions the Committee should have regard to issues of equality and the subject’s (licence holders) rights under the European Convention on Human Page 41
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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. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 None arising from this report. 8. BACKGROUND PAPERS 8.1 None arising from this report. Page 42
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1 Appendix 1 Moray Licensing Committee Annual Functions Report 1 April 2024 - 31 March 2025 Contents About Moray ......................................................................................................................... 2 Introduction ........................................................................................................................... 3 Annual Functions Report .................................................................................................. 4 - 5 Decisions of the Committee ............................................................................................. 4 - 5 Licensing Standards ............................................................................................................. 6 List of Application Numbers and Licences Issued ............................................................ 7 - 8 Page 43
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2 About Moray With a population of around 95,400, 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 MacMoray and the traditional Speyfest, alongside other festivals like the Spirit of Speyside 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. Page 44
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3
Introduction
Moray Licensing Committee ("the Committee") is the licensing authority for the purposes of all
civic and similar type licensing.
NB. Alcohol and gambling are dealt with separately by the Moray Licensing Board.
The Licensing Committee is responsible for considering applications and objections in relation
to regulating civic licensing in accordance with the Civic Licensing (Scotland) Act 1982, as
amended, (“the Act”) as well as other licence types under other, similar, legislation.
Under the Act, the Licensing Committee is responsible for considering applications for:-
1. Taxis
2. Second hand dealers
3. Knife dealers
4. Metal dealers
5. Boat hire licences
6. Street traders’ licences
7. Market operators’ licences
8. Public entertainment licences
9. Indoor sports entertainment licences
10. Late hours catering licences
11. Window cleaners’ licences
12. Public processions
13. Houses in Multiple Occupation (HMOs) under the Housing (S) Act 2006
14. Various animal related licences e.g. pet shops, animal boarding, animal breeding,
animal rehoming, horse riding establishment etc. under multiple Acts
15. Landlord registration under the Antisocial Behaviour (S) Act 2004
16. Short term lets
17. Sex shops and sexual entertainment venues
In exercising its functions under these Acts, the Committee is required to have regard to
consultees’ responses as well as neighbouring or community objections if there are any.
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4 Annual Functions Report From 1 April 2024 to 31 March 2025, the Committee was scheduled to meet on an approximate eight week cycle however due to a lack of relevant business met on the following dates: (a) 19 June 2024 (b) 4 September 2024 (c) 5 February 2025 Information and assistance is always available to persons wishing to apply for a licence or respond to an application. The committee has published guidance documents and licensing staff are on hand to answer queries. Committee meetings are as informal as possible whilst maintaining a fair process. The majority of applicants appearing before the Licensing Committee are willing and able to represent themselves. Decisions of the Committee Each application received by the Licensing Committee is considered on its individual merits. All licence applications that are received must be weighed-up in accordance with the Act and in consultation with the consultees. During the course of the period 1 April 2024 to 31 March 2025, the Committee received applications for 377 and issued 797 licences respectively*. Lists of application numbers by calendar year appear at the end of this report for comparison. It should be noted that not all licences are due to be considered each year as most licences under the Act have a three year cycle. Therefore the overall number of licences is much higher than the number considered each year. It should also be noted that the advent of short term lets has greatly increased the number of applications and licences. In addition the majority of licence applications are processed under delegated powers where there are no problems with the application and there are no objections or representations. In cases where an objection or representation does arise the matter is referred to the Licensing Committee. The Committee is regularly provided with a report on applications considered and granted under delegated powers. During the financial year 2024 to 2025 the Committee considered 4 applications for various licences at hearings: 1 private hire driver; 1 short-term let licence; 1 street trader application and 1 landlord registration. The licence applications were granted. The landlord was removed from the register of landlords. In considering the applications, the Committee 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 Local Residents, the Licensing Standards Officer and Police Scotland. 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 Committee also have regard to these community planning priorities. *Note the difference between licence applications received and licences issued can be explained by the ongoing processing of short term let (STL) licence applications received prior to the period as demonstrated by the tables. Page 46
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5 Short Term Let Licensing The single largest commitment in Civic Government licensing during the period covered by this report has again been the licensing regime for short term lets. This has involved a lot of officer time across many council services in developing and implementing further amendments to the short-term let licensing scheme, which included new application types. A fully automated renewal online process is being developed involving the council’s bespoke licensing software provider. The huge surge in the overall number of applications for civic licences, driven by short term lets, has continued. A large amount of officer time, including temporary additional resources, has been spent processing these licences. The process has been made much more difficult by lateness of applications and the generally poor quality of them. Further changes to the legislation governing the short-term let scheme, Scottish Government statistical requirements and guidance have also caused difficulties. Numbers of actual applications continue to increase and have exceeded the overall number expected. It was previously thought numbers might reach approximately 600 but have now exceeded 780. as such, work on processing short-term let licence applications has been a priority in the team and has continued in recent months. Animal Licensing The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 came into force in September 2021*. It modernised some of the animal related licences (e.g. selling animals as pets), added some categories to existing licences (e.g. dog breeding has become breeding of dogs, cats or rabbits) and introduced new licences for animal rehoming and animal welfare establishments. The Regulations brought animal related licences more into line with civic style licences by making them up to three years in length and providing for specific mandatory conditions for relevant licence types. These licences are now becoming more common and work is ongoing to modernise the system of processing, including working with local vets as regards inspections for animal related licences. Licensing Standards There are two full time Licensing Standards Officers (LSOs). One LSO is responsible for all aspects of civic licensing like taxis, while the second LSO is responsible for liquor licensing, gambling and adult entertainment. Due to the volume of short-term let licence applications both LSOs have been involved in this work. The LSOs will offer guidance and advice to licence holders and communities to supervise compliance with the requirements of the Act by the licence holders. The LSOs will act as an intermediary between licence holders and the general public helping to avoid and resolve any disputes or disagreements. LSOs also attend meetings with the trade and the public which allows them to build a rapport with the local trade and members of the public as a consistent point of contact. This will ensure that there is a cohesive working partnership between all persons interested in the operation of the Act. *NB. The Scottish Government has initiated a review of animal licensing in general and it is anticipated that more licence types will fall under the regime of these Regulations. Page 47
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6 Licensing Standards Officer Report The Civic Licensing Standards Officer is responsible for numerous licence types. The aim of the role is to provide guidance and information to interested parties; ensure compliance by licence holders; and provide a mediation service for the purpose of avoiding or resolving disputes Below is a brief list of some of the activities carried out by the Civic LSO between April 2024 and March 2025. - Joint Investigations with Police of unlicensed taxis being run in Lossiemouth resulting in a charge. - Supported the applicants of Public Entertainment licences for MacMoray, Speyfest, Gordon Castle Highland Games, Moray Pride, Rotary Rotafest and numerous other events. - Developed and introduced a standardised Event Safety Template for outdoor events to make the process easier for applicants and consultees. - Worked with the Council’s Environmental Health service on noise complaints around a community hall and 3 long term Late Hours Catering complaints. - Mediated 2 Short Term Let objections / representations. - Participated in 2 joint Taxi inspection operations with Police Scotland and VOSA - Worked with Emergency Planning to keep event organisers updated to potential upcoming legislation changes with Martyn’s Law. - Participated in the North East Civic Licensing Group meetings to share information and best practice between Civic Licensing Standards Officers across the North of Scotland. - Investigated reports of unlicensed Short Term Let premises when reported by the public. - Incorporated Short Term Let licensing tasks into our workload. - Completes the GDPR checks on the Short Term Let public register regularly before publication. - Attended meetings with the Lossiemouth Development Trust, Moray Association of Village Halls, Elgin Bid, Elgin Rotary and other volunteer groups to assist in explaining licensing requirements and offer assistance in completing required applications. - Supported and contributed to the processing of all Civic Licence applications and renewals within the required consultation periods. - Developed a proposed updated list of licensable activities for review. - Updated all licence types and web pages with new 2025 fees. - Worked with EE to ensure all employees had correct licensing to trade from the Plainstones after St Giles Closure. - Worked with HSE on organising a joint visit of Fairgrounds in the area. - Contributed to the Scottish Government Fireworks and Bonfires legislation consultation. Page 48
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7 Applications Received Count of REFVAL Year Licence Type 2019 2020 2021 2022 To 31/3/2023 1/4/23 to 31/3/24 1/4/24 to 31/3/25 Grand Total Animal Boarding 14 8 8 17 12 35 20 114 Animal Breeding - 1 Year 0 0 0 1 0 1 0 2 Animal Rehoming - 1 Year 0 0 0 0 1 0 0 1 Animal Rehoming - 3 Years 0 0 0 0 1 0 0 1 Animal Welfare Establishment - 1 Year 0 0 0 1 0 1 0 2 Cinema 0 2 0 3 1 1 2 9 Dangerous Wild Animals 0 0 1 2 1 1 0 5 Dog Breeding 3 2 2 3 0 0 0 10 HMO Licence 11 11 6 12 4 8 5 57 Knife Dealers 0 0 1 0 0 0 1 2 Late Hours Catering 6 8 6 5 0 10 7 42 Market Operators – Full 1 2 1 3 2 11 9 29 Market Operators – Temp 2 1 0 1 0 1 1 6 Metal Dealer Licence 0 1 0 2 0 1 1 5 Pet Shops 3 2 2 1 0 0 0 8 Private Hire Driver 4 1 6 5 2 5 7 30 Private Hire Operator 10 8 6 11 1 9 9 54 Public Charitable Collections 28 11 13 33 5 24 8 122 Public Entertainment - 1 Year 4 1 1 2 2 6 3 19 Public Entertainment - 3 Years 13 3 5 22 2 10 13 68 Public Entertainment – Temporary 14 3 2 10 3 9 1 42 Riding Establishments 0 0 1 3 0 5 2 11 Sale of Pet Animals - 2 Years 0 0 0 2 0 0 0 2 Second Hand Dealer 16 30 26 29 8 26 18 153 Short-term Lets - Home Letting 0 0 0 2 5 64 7 78 Short-term Lets - Home Letting/Sharing 0 0 0 0 1 34 5 40 Short-term Lets - Home Sharing 0 0 0 1 1 35 7 44 Short-term Lets - Secondary Letting 0 0 0 20 42 506 64 632 Skin Piercing and Tattooing 8 6 17 18 5 17 18 89 Small Lotteries 13 11 8 14 8 16 0 70 Street Trader 17 23 35 29 15 37 32 188 Taxi Booking Office 0 0 3 1 0 0 1 5 Taxi Driver 48 77 79 90 11 76 70 451 Taxi Operator 21 61 43 52 18 75 54 324 Venison Dealer 2 1 5 1 1 2 1 13 Window Cleaners 2 19 24 9 11 14 11 90 Grand Total 240 292 301 405 163 1040 377 2818 Page 49
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8 Licences Issued Count of REFVAL Year Row Labels 2019 2020 2021 2022 To 31/3/2023 1/4/23 to 31/3/24 1/4/25 to 31/3/25 Grand Total Animal Boarding 8 10 5 6 22 30 15 96 Animal Welfare Establishments 0 0 0 0 0 1 0 1 Cinema 1 2 0 1 2 2 2 10 Dangerous Wild Animals 0 0 0 2 0 0 1 3 Dog Breeding 3 0 2 1 1 1 0 8 HMO Licence 5 9 9 3 5 10 11 52 Knife Dealers 0 0 1 0 0 0 1 2 Late Hours Catering 5 7 6 4 1 10 7 40 Market Operators – Full 1 1 1 2 1 8 12 26 Market Operators – Temp 2 0 0 1 0 2 1 6 Metal Dealer Licence 0 1 0 2 0 1 1 5 Pet Shops 3 2 2 3 0 0 0 10 Private Hire Driver 2 2 4 6 0 2 9 25 Private Hire Operator 7 2 10 9 0 8 12 48 Public Charitable Collections 27 10 11 32 4 23 27 134 Public Entertainment - 1 Year 4 1 1 2 2 2 6 18 Public Entertainment - 3 Years 13 0 4 21 2 11 10 61 Public Entertainment – Temporary 14 1 1 12 1 6 14 49 Riding Establishments 2 0 0 2 2 3 4 13 Second Hand Dealer 16 31 27 28 6 25 18 151 Short-term Lets - Home Letting 8 18 26 Short-term Lets - Home Letting/Sharing 4 18 22 Short-term Lets - Home Sharing 0 0 0 0 1 5 30 36 Short-term Lets - Secondary Letting 0 0 0 0 16 164 386 Skin Piercing and Tatooing 6 4 18 17 5 16 19 856 Small Lotteries 14 7 12 13 6 11 0 63 Street Trader 14 17 35 28 12 36 30 172 Taxi Booking Office 1 0 2 2 0 0 1 6 Taxi Driver 44 59 92 85 11 72 64 427 Taxi Operator 19 20 82 48 17 73 66 325 Venison Dealer 1 0 5 1 0 3 1 11 Window Cleaners 4 12 30 9 9 17 13 94 Grand Total 202 191 348 327 120 554 797 2539 Page 50