Agenda Document Pack - Licensing Committee - 03/09/2025
Moray Council · 3 September 2025
Back to Licensing Committee — 3 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Licensing Committee Wednesday, 03 September 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, 03 September 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of the meeting held 18 June 2025 5 - 6 4. Written Questions ** 5. Annual Review of Income and Expenditure Report by Executive Director for Economy, Enterprise and Operations 7 - 18 Page 1
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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 2
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MORAY COUNCIL Licensing Committee SEDERUNT Councillor Tracy Colyer (Chair) Councillor Peter Bloomfield (Depute Chair) Councillor James Allan (Member) Councillor Neil Cameron (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 3
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MORAY COUNCIL Minute of Meeting of the Licensing Committee Wednesday, 18 June 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Divers, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Marc Macrae, Councillor Paul McBain, Councillor Ben Williams 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. Condolences The Committee joined the Chair in expressing their condolences to former Councillor Gordon Cowie and his family following the passing of his wife, Janet, in a recent road accident and wished him well with his recovery. 3. 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. 4. Minute of meeting held 30 April 2025 The minute of the meeting of the Licensing Committee held on 30 April 2025 was submitted and approved. 5. Written Questions ** The meeting noted that no written questions had been submitted. 6. Application for Grant of a Public Entertainment Licence The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) asking the committee 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. Item 3. Page 5
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During consideration, the Senior Solicitor advised that there was additional work being undertaken in the background and that a continuation until the meeting on 3 September 2025 was being sought to allow the further work to be completed. He further advised that no additional report would be submitted, but updates would be provided if it were to come back before the committee. Following consideration, the Committee unanimously agreed to a continuation to 3 September 2025. 7. Annual Functions Report The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) seeking approval from the committee to publish the final Annual Functions Report which incorporates a report from the Licensing Standards Officer. During consideration, the Senior Solicitor advised that the were a couple of errors in the report and that the total number of Short Term Lets - Secondary Letting licences issued should be 566 and the total number of Skin Piercing and Tattooing licences issued was 85. Councillor Harris sought clarification on when the work required to process the number of short term let applications was expected to level out. The senior solicitor advised that the applications were in the second year of a 3-year cycle, meaning that the processing of new applications may slow down but the process of renewals will need to be started. Councillor Harris sought clarification on when the Scottish Government required the statistics to be sent to them. She further sought clarification on whether these would allow comparison against other local authorities. The senior solicitor advised that the statistics are sent twice a year in January and June, and they are a significant and detailed piece of work for the legal team and ICT. Short term lets are the only licences that require this. He further advised that the Scottish Government would publish the statistics so that comparisons can be made but it would be purely on numbers with no context. Councillor Gatt sought clarification on whether there was staff capacity to deal with all the new applications and renewals. The senior solicitor advised that additional staff members have been employed on a temporary basis and that resources are being looked at. Following consideration, the Committee unanimously agreed: i. to note the draft Annual Functions Report at Appendix 1 and agree the final report; and ii. to instruct the Clerk to the Board to publish the agreed final report on the Council's web pages. Page 6
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Report to: Licensing Committee Meeting Date: 3 September 2025 Report by: Executive Director for Economy, Enterprise and Operations Report No: GSP052/25 Author: Sean Hoath Contact Email: licensing@moray.gov.uk Subject: Civic Government Licensing – Annual Review of Income and Expenditure 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to update the Committee on the overall income versus expenditure for civic and other related licensing for the last financial year by way of an annual report. 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 all the functions of the Council as Licensing Authority including applications in terms of relevant legislation other than duties carried out by the Licensing Board. 2. SUMMARY 2.1 It is mandatory that the Licensing Board produces an Annual Income versus Expenditure report therefore it was deemed appropriate, for transparency and information, that an Annual Income versus Expenditure Report also be produced for the Licensing Committee. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Note the current fees attached at Appendix 1; ii) Note the financial report on income and expenditure data at Appendix 2; iii) Agree to publish the financial report. Sean Hoath Senior Solicitor 4. BACKGROUND AND CONTEXT Item 5. Page 7
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Current Fees 4.1 The Civic Government (Scotland) Act 1982 (“the Act”) and other licensing legislation for which the Licensing Committee is responsible gives the Committee the power to set fees in respect of various applications under the Act. 4.2 The current set of fees is attached at Appendix 1. The current fees were agreed by the Committee on 21 March 2018 (para 8 of Minute refers) and have since been subject of annual inflationary increases following consideration and approval by Full Council. 4.3 The fee structure is designed around the principle that licensing is to be, as far as possible, self funding and that each licensing authority is to broadly recover, through licensing fees, the overall cost to the Council of providing licensing functions. The expenses to be recovered are to include all those incurred by the Council in both licensing administration and from other services within the Council contributing to the licensing procedure. 4.4 Most civic and similar licence types last for three years so income is received in cycles. This makes annual calculations difficult, as application numbers and income should be aggregated over the previous three years. Comments on individual years, therefore, often also make reference to previous years. Financial Report on Income and Expenditure 4.5 With the assistance of officers in the Finance Service, officers have now collated income and expenditure figures for the financial year 1 April 2024 to 31 March 2025. 4.6 The figures and calculations are summarised at Appendix 2. 4.7 The figures reveal the following indications:- 4.7.1 There was a notional net expenditure of £47,910.32 for the last financial year, which equates to approximately 20.3% over. 4.7.2 Income and Expenditure within civic and other licensing can fluctuate, very much depending on the number and nature of application types in any given year. As stated above, most licence types last three years and income is received in cycles. 4.7.3 Owing to the cyclic nature of income, two thirds of the expected income from short-term let licence applications was written forward, at the outset, in an effort to even out the figures. The decision was taken given the number of applications expected, the likely income and the overall significant effect on the budget. Whilst the income has been written forward for over 3 years, it is expected that the majority of the work and so cost, associated with short-term let licensing will occur in the first two years. Therefore the current notional expenditure being reported includes the cost of additional, temporary staff and overtime for processing short-term let licence applications. It is expected this work will drop off in the third year so income is expected to exceed expenditure and so offset some or all of the net expenditure above. Page 8
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4.8 Therefore, going forward, the results for the next financial year should give a better idea of income versus expenditure over the three year cycle. After that an accounting decision will need to be taken about whether to write income forward again from the next round of applications. Publication of the Financial Report 4.9 Whilst there is no legal requirement to publish reports on both functions and finances, it has become customary as it is considered to be both open and equitable to do so. 4.10 A separate report has already been submitted to the meeting of this committee on 18 June 2025 relating to the required functions including details of the licensing applications processed (Para 7 of the minute refers). 4.11 The Committee is asked to note and agree to publication of this financial report on the Council’s webpages. Future Fees 4.12 The overarching legal requirement is for the licensing authority to “seek to ensure that from time to time the total amount of fees receivable by the authority is sufficient to meet the expenses of the authority in exercising their functions under…this Act…”. 4.13 As stated this report presents a snapshot position for the financial year 2024 to 2025. At present the notional net expenditure indicates that fees are not meeting expenditure but it is hoped this will even out next year. 4.14 Fee setting is not an exact science. Income and expenditure are both fluctuating year to year and civic licences run in three year cycles. It should be noted that figures for both projected income and expenditure can only ever be estimates and may not be a true reflection of actual amounts. The estimates are based on historical data about income, expenditure and transactions. 5. SUMMARY OF IMPLICATIONS 5.1 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 Staffing X Best Value and Transformation X Property X Page 9
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Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 5.2 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. 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 5.3 Policy and Legal The Policy and Legal implications have been explained above. 5.4 Financial Financial implications relating to fee levels have been explained above. One off 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 Effect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 5.5 Risk There is always a risk that the actual income differs from the projected income and/or expenditure. The risk in connection with the setting of fees is that if fees are set too low then the cost of administering the licensing system may not be recouped. Conversely if fees were to produce a surplus then any decision in respect of fees may be open to review. Page 10
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5.6 Staffing Preparation of financial information has involved considerable staff time. No additional resources are required. It is anticipated that going forward fee income will be designed to ensure full cost recovery in terms of providing the licensing function. 5.7 Best Value and Transformation None arising from this report. 5.8 Property None arising from this report. 5.9 Information Communications/Technology/Digital None arising from this report. 5.10 Equalities, Social Inclusion and Economic Impact In considering this matter the Committee should have regard to issues of equality and the subject’s (licence holders) rights under the European Convention on Humar 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. 5.11 Climate Change and Biodiversity Impacts None arising from this report. 6. CONSULTATION 6.1 As far as possible, the figures within this report have been prepared in consultation with Alistair Milne, Accountant within the Council’s Finance Service. 7. BACKGROUND PAPERS 7.1 None arising from this report. Page 11
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Appendix 1 Moray Licensing Committee Current Fees Animal Licence Fees Licence Fee Additional Fees Animal Boarding Establishment (Licence Application/renewal/change) £150 Vet fees variable, chargeable per hour* Animal Welfare Establishment (Licence Application/renewal/change) £252 Vet fees variable, chargeable per hour* Animal Rehoming Activities £218 Vet fees variable, chargeable per Breeding of dogs, cats and rabbits (Licence Application/renewal/change) £130 Vet fees variable, chargeable per hour* Dangerous Wild Animals Licence (Licence Application/renewal/change) £325 Vet fees variable, chargeable per hour* Riding Establishments Act 1964/70 (Licence Application/renewal/change) £453 Vet fees variable, chargeable per hour* Sale of Pet Animals (Licence Application/renewal) £260 Vet fees variable, chargeable per hour* Performing Animals Licence (Licence Application/renewal/change) £125 Zoo Licence (Licence Application/renewal/change) £380 Vet fees variable, chargeable per hour* *Fees are chargeable per hour and must be paid before any licence is issued. Business Related Licence Fees Licence Fee Copy of a Licence £25 Food Premises Approval n/a Food Premises Registration n/a Itinerant Metal Dealer Licence: £748 Exemption warrant: £748 Knife Dealer £792 Late Hours Catering Licence: £1042 Renewal: £1042 Market Operator Licence: £489 Temporary licence: £489 Metal Dealer Licence: £748 Exemption warrant: £748 Public Charitable Collection n/a Second Hand Dealer £165 Sexual Entertainment Venue new licence £1775 Sexual Entertainment Venue licence grant fee TBD Page 13
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Sexual Entertainment Venue licence renewal £1775 Sexual Entertainment Venue licence variation £558 Sexual Entertainment Venue licence transfer £325 Sexual Entertainment Venue issue duplicate licence £45 Sex Shop £1,480 Skin Piercing and Tattooing £431 Street Trader £431 Variation of any Licence £31 Venison Dealer £61 Window Cleaner £170 Entertainment Licence Fees Licence Fee Cinema £185 Public Entertainment 50% fee for registered charity 75% of fee for charity event held by a non registered body Under 200 attendees £365 £182.50 £273.75 200-299 attendees £455 £227.50 £341.25 300-399 attendees £595 £297.50 £446.25 400-499 attendees £775 £387.50 £581.25 Over 500 attendees £1610 £805.00 £1207.50 Copy of a licence £25 Variation (making a change) to a licence £31 Property Licence Fees Licence Fee House in Multiple Occupation (HMO) 5 occupants or under: £1,972 10 occupants or under: £2,817 over 10 occupants: £3,663 change of circumstance: £285 Short-term Let Licence/renewal (new or existing operator) £515 Temporary Short-term Let Licence £515 Copy of a Short-term Let Licence £23 Variation (making a change) to a Short-term Let Licence £29 Page 14
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Inspection of Short-term Let premises £210 Transfer of Short-term Let Licence £295 Provisional Short-term Let Licence £210 Confirmation of a Provisional Short-term Let Licence £305 **Please note, separate, additional fees will be payable directly to other Council Services e.g. Planning, Building Standards and Environmental Health in relation to their functions Taxi Licence Fees Licence Fee Copy of a Licence £25 Replacement Badge £25 Taxi Booking Office (4 or more cars) £564 Taxi/Private Hire - Driver Grant £266 Taxi/Private Hire - Driver Renewal £215 Taxi/Private Hire - Vehicle (Operator) £462 Variation of any Taxi/Private Hire Licence £31 Licence Plates £25 non-refundable Vehicle Substitution £386 Page 15
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Civic Government Outturn 2024 - 2025 Appendix 2 Totals For: Direct Employee Costs 31767.01 Supplies and Services 3115.71 Transport & Plant Costs 1560.24 Support Services Apportioned Costs 247185.05 Total Expenditure 283628.01 TOTAL INCOME 235717.69 Net Expenditure 47910.32 Page 17
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