Agenda Document Pack - Licensing Committee - 02/09/2026
Moray Council · 2 September 2026
Back to Licensing Committee — 2 September 2026 and its agenda
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Licensing Committee Wednesday, 02 September 2026 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, 02 September 2026 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of the licensing committee held 10 June 2026 5 - 8 4. Written Questions ** 5. Application for the Grant of a Short-Term Let Licence Report by the Executive Director Economy, Enterprise and Operations 9 - 56 6. Mandatory Review of Taxi Fares and Charges Report by the Executive Director Economy, Enterprise and Operations 57 - 68 7. Annual Functions Report 2025-2026 Report by the Executive Director Economy, Enterprise and Operations 69 - 84 8. Annual Review of Income and Expenditure Report by the Executive Director Economy, Enterprise and Operations 85 - 96 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 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may 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 Peter Bloomfield (Chair) Councillor David Gordon (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 Juli Harris (Member) Councillor Elaine Kirby (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, 10 June 2026 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor John Divers, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Elaine Kirby, Councillor Marc Macrae, Councillor Ben Williams APOLOGIES Councillor James Allan, Councillor Theresa Coull IN ATTENDANCE Sean Hoath, Senior Solicitor; Jennifer Smith, Legal Adviser; and Lindsey Robinson, Committee Services Officer; all Moray Council, and PC Kevin Skivington, Police Scotland. 1. Chair Councillor Tracy Colyer 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 in terms of 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 6 of business on the grounds that it involves 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 the minute Paragraph Number of Schedule 7A 6 Paragraph 14 - Any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime. 4. Minute of the licensing committee held 29 April 2026 Item 3. Page 5
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The minute of the meeting held 29 April 2026 was submitted and approved. 5. Written Questions The meeting noted that no written questions had been submitted. 6. Possible Suspension of a Street Trader Licence [Para 14] The meeting had before it a report by the Executive Director Economy, Enterprise and Operations advising the Committee that a letter of complaint had been received on behalf of the Chief Constable in respect of the holder of a current street trader licence. The Chief Constable requested suspension or revocation of the licence. There are no powers delegated to the Chief Governance Officer to permanently suspend or revoke the licence in this regard. The Legal Adviser confirmed that the licence holder, the licence holder’s representative and the Chief Constable’s representative had received copies of the Chief Constable’s letter, and all were in attendance. PC Kevin Skivington represented the Chief Constable. PC Skivington addressed the Committee and responded to the questions asked. The licence holder’s representative and the licence holder addressed the Committee and responded to the questions asked. Councillor Cameron moved that the licence be suspended for the duration of the term or until the Court deals with the criminal allegations because he was of the view that all four legal grounds (a) to (d) under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 applied. This was seconded by Councillor Harris. Councillor Williams left the meeting at this juncture. Councillor Macrae proposed an amendment that the licence should be immediately revoked under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982. The Legal Adviser requested Councillor Macrae express his reasons and legal grounds applied for the proposed amendment. Councillor Macrae confirmed on the basis of what he had heard, he was satisfied that grounds (a) and (c) of paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 were met. This was seconded by Councillor Kirby. The licence holder requested to, and did, address Committee again. The Chair allowed the interjection after the Legal Adviser confirmed the Chair had discretion to permit the address at this stage of the meeting. The Senior Solicitor sought clarification of Councillor Cameron’s motion by asking for clarification on when he considered the suspension should take effect, immediately Page 6
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or after the expiry of the 28-day appeal period and also for the period of suspension. He confirmed the general provision for suspension for the remainder of the term of the licence and, as there was no way to know how long the criminal proceedings might take to conclude, to wait for a trial outcome was indeterminate so it was possible the street trader licence could expire within that period. Councillor Cameron re-worded his motion to state that the licence should be suspended immediately for the duration of the term of the current street trader licence as it was justified in all the circumstances. At the request of the Senior Solicitor for Councillor Cameron to specify his grounds for the immediate suspension, Councillor Cameron confirmed that in all the circumstances he considered both grounds (a) and (c) of paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 were satisfied. Councillor Harris was in agreement. On a division there voted: For the motion (4) Councillors Cameron, Harris, Divers, and Gatt For the amendment (6) Councillors Macrae, Kirby, Bloomfield, Colyer, Fernandes and Gordon Abstain (0) Nil Accordingly, the amendment became the finding of the meeting , and the licence was immediately revoked under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982 on the grounds (a) the holder of the licence or, where the holder is not a natural person, any director of it or partner in it or any other person responsible for its management, is not or is no longer a fit and proper person to hold the licence; and (c) the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause undue public nuisance or a threat to public order or safety. Page 7
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Report to: Licensing Committee Meeting Date: 2 September 2026 Report by: Executive Director Economy, Enterprise and Operations Author: Jennifer Smith Contact Email: licensing@moray.gov.uk Subject: Civic Government (Scotland) Act 1982 – Application for the Grant of a Short-Term Let Licence 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider an application for the grant of a short-term let licence received on 3 February 2026 which is subject to objections received from the public. 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 application for all licences in terms of the Civic Government (Scotland) Act 1982. 2. SUMMARY 2.1 Two objections from members of the public have been lodged against an application for a short-term let licence and so the application must be determined by the Committee. 3. RECOMMENDATIONS 3.1 It is recommended that Committee consider the application in light of the matters referred to in this report and the provisions of the Civic Government (Scotland) Act 1982 and Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended 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 Item 5. Page 9
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(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 4. BACKGROUND AND CONTEXT 4.1 The licensing authority must reach a final decision on each application within 9 months of it having been made. The application was deemed valid on 3 February 2026 therefore must be decided by 3 November 2026. 4.2 Powers are delegated to the Head of Governance to grant or where appropriate, renew licences only if there are no objections or adverse representations received from a consultee or the general public. In light of the circumstances detailed within this report, it is appropriate that this matter be dealt with by the Licensing Committee. 4.3 4.4 4.5 4.6 4.7 A copy of the original application together with the separate sheet of updated details is provided at Appendix 1. A letter/email of objection was received on 1 March 2026 and is provided at Appendix 2. The objection was received within the statutory consultation period. A letter/email of objection was received on 1 March 2026 and is provided at Appendix 3. The objection was received within the statutory consultation period. The Licensing Standards Officer (“LSO”) has carried out mediation between the parties. However, the objections were not withdrawn as a result. A copy of a report by the LSO is provided at Appendix 4. The applicant has been provided with a copy of the objections lodged against the application and all parties have been invited to attend the meeting of this Committee. 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 10
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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 5.3.1 5.3.2 Under the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended (“2022 Order”) and 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) a 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) a 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 his 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 a 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. Page 11
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5.3.3 5.3.4 5.3.5 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 or areas. Where the Committee chooses to impose additional conditions to a licence, the additional conditions must be reasonable, must not impose any limit on the number of nights for which the premises may be used for secondary letting (Paragraph 5(2) and 5(2B) of Schedule 1, 1982 Act respectively) and they must not 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 (2ZA) Schedule 1, 1982 Act). Refusal of an Application 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 as amended by the 2022 Order 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 1982 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 of the premises or the character or 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; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with;- Page 12
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(i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions under sub-paragraph 1(A)(b) to which the licence is to be subject, (cb) the application does not contain the information required under paragraph 1(2)(da), or (db) (consent of the owners of the premises), 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. 5.4 Financial None arising from this report. 5.5 Risk There are none arising from this report. 5.6 Staffing There are no staffing implications arising from this report. 5.7 Best Value and Transformation None arising from this report. 5.8 Property There are no property implications. 5.9 Information Communications/Technology/Digital None arising from this report. 5.10 Equalities, Social Inclusion and Economic Impact Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ☐ ☐ ☐ ☐ ✓ Page 13
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Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected In considering this matter 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; Efficiency; Enabling elderly people to live at home longer. Saving cost may be relevant 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 to be discriminated against in relation to the convention rights. The definition of discrimination under this Article covers a much wider spectrum that then protected characteristics under the Equality Act 2010. The Committee should therefore have regard to all the applicant’s circumstances. 5.11 Climate Change and Biodiversity Impacts None arising from this report. 6. CONSULTATION 6.1 The Chief Constable and the Scottish Fire and Rescue Service have been consulted in terms of the 1982 Act. Moray Council’s Planning, Environmental Health and Building Standards Services have also been consulted. Objections have been received from the public as detailed above. No other adverse representations or objections regarding the application were received from consultees. 7. BACKGROUND PAPERS Page 14
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7.1 There are no background papers. Page 15
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From: eforms@moray.gov.uk <eforms@moray.gov.uk> Sent: 03 February 2026 13:37 To: LicensingApplications <LicensingApplications@moray.gov.uk> Subject: Short Term Lets Application 26/00201/STLSL Short Term Lets Application Application Reference: Uniform Reference: 26/00201/STLSL Section A - Licence Details Licence Application Type: Secondary Grant or Renewal Application: Grant Temporary Licence: yes Applicant Details: corporate Section B3 - Corporate Application Full Name of Person Completing the Application: Miss Lisa McDonald Primary Phone Number: Email Address: Full Name of Corporate Entity: Stotfield Limited Address: 25A , High Street , City/Town: Elgin Postcode: IV30 1EE Details of Directors, Partners, etc. Person 1 - Full Name: Cassandara-Jane Thornton Person 1 - Address: Person 1 - Previous City/Town: Person 1 - Previous Postcode: Person 1 - Primary Phone Number: Person 1 - Secondary Phone Number: Person 1 - Email Address: Page 17
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Person 1 - Date of Birth: Person 1 - Place of Birth: Add another Corporate Entity: no Add another Corporate Entity: Add More Entity Names and Addresses: Section C - Day To Day Management of the Premises Has read the guidance notes: true Intentions to carry out management: personally Section D - Previous/Other Short-Term Let Licence Details Held a Previous STL Licence: no Section E - Ownership of the Premises Has read the guidance notes: true Do they own the Premises/Land: Yes Do they share ownership: No Section F - The Premises Premises Details Has read the guidance notes: true Address: 2 Pine Court , Nairn Road , City/Town: Forres Postcode: IV36 1FF The Moray Council Ward: ward8 Located within a National Park? No Premises Description Type of Property: FLT Description of the type of premises: 2 bedroom flat with bathroom with fully equipped kitchen. Designated parking outside Third Party Accreditation: Total number of habitable rooms (include kitchen): 2 Total number of letting bedrooms: 2 Total number of beds available for use by the guests: 2 Total number of public rooms available for use by the guests i.e. lounge/dining room etc: 1 Total number of rooms used for owner/manager's private accommodation: 0 Page 18
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Offer Self Catering accommodation? Yes Offer Bed Only accommodation? No Offer Bed and Breakfast accommodation? No Offer Full Board accommodation? No General Safety and Standards Fire Safety Fire or Carbon Monoxide Equipment? Yes Comply to Furniture Regulations: Yes Have Compliance Records: Yes Completed Scottish Fire and Rescue Service's fire safety checklist? Yes Gas Safety Does the premises have a gas supply? Yes Electrical Safety Do guests have access to electrical fittings within the premises? Yes Do guests have access to electrical moveable appliances within the premises? No Water Safety Does the premises have a private water supply? No Completed a legionella risk assessment for the premises? Yes Safety and Repair Standards Taken all reasonable steps to ensure the premises are safe for residential use? Yes Are the premises subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006? Yes Do the premises meet the repairing standard? Yes Energy Performance Does the premises have an Energy Performance Certificate issued within the last 10 years? Yes Energy Performance Certificate Rating: C Building Warrant Aware of any building work that has been carried out on the premises in the last 10 years? No Building warrant was required?: No Insurance Specify the buildings insurance information: Public Liability Insurer: Bridgehaven Specialty UK Limited placed through Eaton Gate MGU Limited Cover Period: 2nd May 2025 to 1st May 2026 Indemnity Limit: £5,000,000 Buildings Insurance in respect of the following address: 2 Pine Court, Nairn Road, Forres, IV36 1FF Property used for short-term accommodation. Excess £250 Page 19
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Specify the public liability insurance information: Public Liability Insurer: Bridgehaven Specialty UK Limited placed through Eaton Gate MGU Limited Cover Period: 2nd May 2025 to 1st May 2026 Indemnity Limit: £5,000,000 Buildings Insurance in respect of the following address: 2 Pine Court, Nairn Road, Forres, IV36 1FF Property used for short-term accommodation. Excess £250 Planning Permission Planning permission was required? No Section G - Occupancy and Availability Has read the guidance notes: true Total number of guests accommodated at any one time in the premises: 4 Total number of adult guests accommodated at any one time in the premises: 4 Total number of child (aged under 10) guests accommodated at any one time in the premises: 2 Is the accommodation used by the owner(s) family or family of person(s) managing the premises? No How often is the premises available to guests? All year Is there a House in Multiple Occupation Licence in respect of the premises? No Section H Criminal Convictions Has read the guidance notes: true Any convictions of any crime or offence? No Residence Outside The UK Anyone lived outside the UK for a continuous period of 12 months or more? No Name: , Country of Residence: , , Name: , Country of Residence: , z , Name: , Country of Residence: , , Page 20
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THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 APPLICATION FOR A SHORT-TERM LET LICENCE PLEASE READ GUIDANCE NOTES SUPPLIED BEFORE COMPLETING THE FORM A. LICENCE DETAILS Tick one box only: Secondary Letting ☒ Home Letting ☐ Home Sharing ☐ Home Letting and Home Sharing ☐ Are you applying for a temporary licence? NO B. APPLICANT DETAILS Tick one box only: Individual ☐ Corporate Entity ☒ B.1 Individual Details:- Full Name MD Shahed Hossain Home Address Post Code Tel. No Mobile If you have lived at this address for less than five years, you must provide previous addresses below to cover this period. Previous Address 1 ………………………………………………………………………………….. Page 21
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………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Previous Address 2 ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. If you have further address details to add, include these in the additional information sheet attached to this application. Email Date of Birth Age Place of Birth Are you a Registered Landlord? NO If yes, please provide your landlord registration number ………………………………………….. B.2 Corporate Entity Full Name of Person completing application Shahed Hossain Full Name of Corporate Entity Stotfield Limited Address of Registered 25a High Street Elgin Post Code IV30 1EE Tel. No Email Full details of all Directors, Partners or other persons responsible for management of the entity (continue on the additional information sheet if necessary) Full Name ………………………………………………………………………………….. Page 22
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Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Tel. No ……………………………………Mobile…………………………………….. Email ………………………………………………………………………………….. Date of Birth …………………………………….Age………………………………………. Place of Birth ………………………………………………………………………………….. Full Name ………………………………………………………………………………….. Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Tel. No ……………………………………Mobile…………………………………….. Email ………………………………………………………………………………….. Date of Birth …………………………………….Age………………………………………. Place of Birth ………………………………………………………………………………….. Full Name ………………………………………………………………………………….. Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Tel. No ……………………………………Mobile…………………………………….. Email ………………………………………………………………………………….. Page 23
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Date of Birth …………………………………….Age………………………………………. Place of Birth ………………………………………………………………………………….. C. DAY TO DAY MANAGEMENT OF THE PREMISES Do you intend to carry out the day to day management of the premises? NO If no, provide the full details of the agent/day-to-day manager who will be responsible for management of the premises: Full Name Katlyn Steele Home Address Post Code If the agent/day to day manager has lived at this address for less than five years, provide previous addresses below to cover this period. Previous Address 1 ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Previous Address 2 ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. If you have further previous address details to add, include these in the additional information sheet attached to this application. Tel. No Email Date of Birth Place of Birth Page 24
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D. PREVIOUS/OTHER SHORT-TERM LET LICENCE DETAILS Have you or anyone else named on this application held a short-term let licence? NO If yes, please provide the licensee’s full name, name of licensing authority who granted the licence and the type of short-term let licence held …………………………………………………………………………………. ………………………………………………………………………………….. ………………………………………………………………………………….. E. OWNERSHIP OF THE PREMISES Do you own the premises/land on which the premises are located that you are seeking a licence for? YES If yes, do you share ownership? NO If you do not own, or are not the sole owner of the premises/land on which the premises are located, please provide the full name(s) and address(es) of each owner (continue on the additional information sheet if necessary): Full Name ………………………………………………………………………………….. Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. Full Name ………………………………………………………………………………….. Home Address ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Post Code ………………………………………………………………………………….. If you do not own or are not the sole owner of the premises, do you have permission of the owner(s), each other owner(s) or, person authorised to act on behalf of the owner(s)? YES / NO Have you included a consent declaration from each owner(s)/each other owner(s) or, person authorised to act on behalf of the owner(s) with this application? YES / NO Page 25
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F. PREMISES Full Address of Premises 2 Pine Court, Nairn Road, Forres, Moray Post Code IV36 1FF Please confirm the Moray Council Ward where the premises are located by ticking the relevant box. Ward 1 Speyside Glenlivet ☐ Ward 2 Keith and Cullen ☐ Ward 3 Buckie ☐ Ward 4 Fochabers Lhanbryde ☐ Ward 5 Heldon and Laich ☐ Ward 6 Elgin City North ☐ Ward 7 Elgin City South ☐ Ward 8 Forres ☒ Is the premises located within a National Park? NO If yes, please confirm the National Park where the premises are located by ticking the relevant box. Cairngorms National Park ☐ Loch Lomond and Trossachs National Park ☐ F.1 Description of the Premises Please give a general description of the type of the premises (e.g. bungalow, flat, unconventional dwelling, specify number of floors, etc) and enclose a detailed floor/layout plan. Your plan should indicate room sizes, fire escape routes, steps, stairs, elevators or lifts, accommodation intended for guests with mobility impairment as well as the extent and boundary of the building if relevant. Two bedroom flat, 1st Floor.……………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. Please provide details of any third party accreditation or certification awarded to the premises (e.g. Visit Scotland Quality Assurance, date of award and number of stars awarded). Page 26
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…………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………….. F.1.1 Rooms Total number of habitable rooms (include kitchen) 4 Total number of letting bedrooms 2 Total number of beds available for use by the guests 2 Total number of public rooms available for use by the guests 1 i.e. lounge/dining room etc. Total number of rooms used for owner/manager’s private accommodation 0 F.1.2 Catering Do you offer Self Catering accommodation? YES Do you offer Bed Only accommodation? NO Do you offer Bed & Breakfast/Full Board accommodation? NO F.2 General Safety and Standards F.2.1 Fire Safety Does the premises have satisfactory equipment installed for detecting and giving warning of fire or suspected fire, and the presence of carbon monoxide? YES Do all upholstered furniture and furnishings intended for guest use or to which guests are permitted to have access to comply with the Furniture and Furnishings (Fire Safety) Regulations 1988? YES If yes, do you have records to demonstrate compliance with the Furniture and Furnishings (Fire Safety) Regulations 1988? YES Have you completed Scottish Fire and Rescue Service’s fire safety checklist? YES You must send a copy of the completed checklist to Moray Council with your licence application. F.2.2 Gas Safety Does the premises have a gas supply? YES If yes, please provide a copy of the most recent Gas Safety Certificate for the premises with this application. F.2.3 Electrical Safety Do guests have access to electrical fittings within the premises? YES Page 27
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If yes, please provide a copy of the most recent Electrical Installation Condition Report on fixed installations with this application. Do guests have access to electrical moveable appliances within the premises? YES If yes, please provide a copy of the most recent Portable Appliance Testing Report on moveable appliances with this application, F.2.4 Water Safety Does the premises have a private water supply? NO If yes, have you complied with the requirements set out in the Water Intended for Human Consumption (Private Supplies)(Scotland) Regulations 2017? YES / NO Have you completed a legionella risk assessment for the premises? YES Please provide a copy of the risk assessment carried out with this application. F.2.5 Safety & Repair Standards Have you taken all reasonable steps to ensure the premises are safe for residential use? YES Are the premises subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006? NO If yes, do the premises meet the repairing standard? YES / NO F.2.6 Energy Performance Certificate Does the premises have an Energy Performance Certificate issued within the last 10 years? YES If yes, please enclose a copy of the Energy Performance Certificate with this application. If yes, please tick the box which indicated the Energy Performance Certificate Rating for the premises. A ☐ B ☐ C ☒ D ☐ E ☐ F ☐ G ☐ F.2.7 Building Warrant Are you aware of any building work that has been carried out on the premises in the last 10 years? NO If yes, please specify Page 28
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………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. Have you considered if a building warrant is required? NO If yes, please give the reference and date granted ………………………………………………………. If no, please search “Do I need a building warrant?” at www.moray.gov.uk F.2.8 Insurance Specify the buildings insurance in force, including details of insurance company and amount of cover. Enclose with the application a valid Insurance Certificate or other proof of insurance cover. ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. Specify the public liability insurance in force, including details of insurance company and amount of cover. Please note valid public liability insurance for not less than £5 million should be in place for the duration of each short-term let. Enclose with the application a valid Insurance Certificate or other proof of insurance cover. ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. F.3 Planning Permission Have you considered if planning permission is required? NO If yes, please give the reference and date granted …………………………………………………. If no, please search “Do I need planning permission?” at www.moray.gov.uk G. OCCUPANCY AND AVAILABILITY Total number of guests you would like to accommodate at any one time in the premises Total number of adult guests and total number of child (aged under 10) guests you would like to accommodate at any one time in the premises. Total number of owner(s) family or family of the person(s) managing the premises and guests at one time. Is the accommodation used by the owner(s) family or family of person(s) managing the premises entirely separate from the other guests accommodation? YES 4 1 4 3 Page 29
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How often do you intend to make the premises available to guests? Please tick the box that applies. Less than 3 months per year ☐ 3 to 6 months per year ☐ 6 to 9 months per year ☐ All year round ☒ Other please describe ………………………………………………………………………………………. …………………………………………………………………………………………………………………. Do you hold a House in Multiple Occupation Licence in respect of the premises? NO H. CRIMINAL CONVICTIONS Have you, or any other person named in this application, ever been convicted of any crime or offence? NO If yes, please provide details …………....…………………………………..…………………………. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. You must provide details above of all relevant convictions (including road traffic offences) recorded against you or any other person named in this application. I. RESIDENCE OUTSIDE THE UK Since being born have you, or anyone named in this application, lived outside the UK for a continuous period of 12 months or more? NO 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…………………. Page 30
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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 Notes for further details of the documentation you are required to provide. J. DECLARATION I declare that I shall, for a period of 21 days, display at or near the premises mentioned in Section F so that it can be conveniently read by the public, a notice complying with the requirements of Paragraph 2(2) of the Civic Government (Scotland) Act 1982. A form which may be used for this purpose is in appendix 1 and you must submit a Certificate of Compliance to the Council. Signature of applicant Date 13.08.2026 or Signature of Agent on ………………………………………Date …………………………………… behalf of applicant Agents Address ………………………………………………………………………………….. ………………………………………………………………………………….. I declare that I have met the mandatory licence conditions set out in The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 Signature of applicant Date 13.08.2026 or Signature of Agent on ………………………………………Date …………………………………… behalf of applicant Agents Address ………………………………………………………………………………….. ………………………………………………………………………………….. I declare that the particulars given by me on this form are true and I hereby make application to Moray Council for the grant of the licence applied for. Signature of applicant Date 13.08.2026 or Signature of Agent on ………………………………………Date …………………………………… behalf of applicant Agents Address ………………………………………………………………………………….. ………………………………………………………………………………….. Page 31
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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 - Moray Council is the Data Controller for this process. Please see our Privacy Notice for information about how and why the personal information provided on this form will be used to process an application for a short-term lets licence. Page 32
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ADDITIONAL INFORMATION SHEET (1/2) Section B.1 Individual Details Section B.2 Corporate Entity Section C. Day to Day Management of the Premises Section E. Ownership of the Premises Page 33
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ADDITIONAL INFORMATION SHEET (2/2) Use the space below to provide any other information relevant to your application Page 34
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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): Manager: Lisa McDonald Trading as Forres Nights - FH MORAY LTD, Owner Mohamed Monwar ALI (information taken from Companies House Trade register number: SC733747). Address of Premises: 2 Pine Court Forres IV36 1FF 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 Short Term Let x Application number (if known) 26/00201/STLSL 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 Surname Magill First name(s) Nigel Individual Address (incl. postcode): 8 Pine Court Forres IV36 1FF (b) Organisation name if applicable N/A Page 35
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August 22 2022 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: Address of Organisation (incl. postcode) if applicable: 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 x 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) 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 Page 36
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August 22 2022 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. The submitted application is for number 2 Pine Court and whilst technically correct as number 2 Pine Court has 2 double bedrooms so sleeps 4, however, the property is trading as Forres Nights and advertised on Booking.com as a 4-bedroom apartment therefore I believe that the application is misleading as the other two bedrooms are in number 3 Pine Court and accessed via a communal entry door which services 6 flats and there is a concern that for the other residents/owners that our safety could be compromised. According to information on MyGov.Scot (Getting a short-term let licence - mygov.scot) – ‘You must get a licence before you take bookings or receive guests’ and from your Moray Council document – Short -Term Lets Licensing Scheme Process – Section 14, Enforcement - 14.1 ‘It is a criminal offence to carry on an activity for which a licence is required without having a licence and without reasonable excuse’. Flat number 2 started trading in July 2025, and flat number 3 in November 2025. Since the application for a Short Term Lets License was submitted on 3rd February 2026, I have never seen a public notification, as mentioned in Moray Council Guidance Notes for Short-Term Let Licence Applicant, Section J - Declaration, 1 Display of Public Notice. The owner of the property has already had a heated confrontation with one of the other flat owners which then became aggressive (I also witnessed part of the confrontation) during which the police had to be called (Ref PS20251113-2603). I’m also concerned that according to Companies House FH MORAY LTD is in Liquidation. My understanding of the Liquidation of a company is that it is the formal legal process of closing a business, stopping its trading, and selling off its assets to pay creditors, after which the company is dissolved and ceases to exist. Please continue on a separate, labelled sheet if necessary I would like to see the following changes and/or suggest the following conditions: Representations only Please continue on a separate, labelled sheet if necessary Page 37
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August 22 2022 Signed: Date: 1st March 2026 Any Objection or Representation relating to the application should be made to the Chief Legal Officer, Moray Council, Council Offices, High Street, Elgin, IV30 1BX or by email to Licensing@moray.gov.uk and requires to be lodged by the date shown on the Notice of Display at the premises - The date should be the 28th day after the date the application was made to the Council 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. Where an objection or representation is made to the Council after the date referred to but not 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 and must be signed on behalf of the said person. Page 38
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Appendix A A screenshot from the email confirmation of the original complaint sent on 14th November 2025. From: Emma Rapley <Emrna.BaRJey..@moray..g� Sent: Friday, November 14, 2025 12:35 pm To: Subject: Licensing Complaint Good afternoon, We have received your complaint as below: It has been brought to my attention that 2 flats in my building (owned by same person/company) have started renting out their properties on Airbnb/booking.com. However. it is also my understanding that this is a breach of contract/out with the deeds of our properties. The properties are flat no.2 pine court, Nairn road, Forres, fV36 1FF and flat no.3 pine court, Nairn road, Forres, fV36 1 FF. I have attached a photo (apologies tor I do not have a digital copy) where you can see in the deeds section 3. 1. 1 that flats should be uoccupied as a single private dwellinghousen. As well as 3. 1.2 where it states Uno flat should be used for the carrying on therein of any trade, business or profession". Which it is also my understanding that renting out a property with Airbnb or other commercial sires is deemed a business. It is also stated on 3. 1.5 that "nothing shall be done in the flat or in the development which may be deemed a nuisance or occasion disturbance to other owners in the property". Which I could easily argue that since the properties have been put up on Airbnb ii has been nothing but a nuisance and disturbance. Just yesterday. as I am off work with an ovarian cyst that has ruptured. before 8am I had someone ringing my doorbell looking for the air bnb property. I have text messages where I contacted my partner complaining that this just happened. There have been incidents with violent Airbnb guests where the owne,s of the property were being threatened and ended up calling the police. I have attached images showing the police in attendance. An air BnB guest has also been caught with indecent exposure and peeing outside on our communal bins. Police again were called and asked to come to the property (separate from the police being called from property owner). It also states, in the deeds section 3. 1.4 that "no commercial vehicles or vehicles other than motor cars, motor cycles or cycles shall be parked or stored anywhere on the development•. Since the Airbnb started it seems that it is predominately worke,s that are staying at the property who have work nearby. I have taken photos of vehicles which are parked on the property, again, breaching contract of the deeds. If needed. I can also forward on the time stamped email where I broached this subject of parking to the property management to show that this is an on-going issue and is causing quite the nuisance and disturbance. There was no prior discussion with any of the flat owne,s that properties were going to be put on Airbnblother commercial websites and want to note that I am extremely uncomfortable with multiple random people having access to my block building and ultimately gaining access ro my flat front door. Any help with this would be great. Or confirmation that the properties are allowed to be on Airbnb and what this means for the contract/deeds of our property. Many thanks, Ellis Crothers Thank you for bringing your concerns to our attention, we will lOok into the issues you raise. please can you conlirm if you have seen the properties advertised as short term lets on any platform? With thanks Emma Emma Rapley Licensing Standards Officer I Governance Strategy and Performance news I website I Facebook I lnstal!!:i!..!!!. I YouTube OllllllililllloJe>lll2W.&°""'1 I 7 Page 44
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LICENSING STANDARDS OFFICER CASE VIEW SUBJECT: APPLICATION FOR SHORT TERM LET LICENCE UNDER THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022 2 Pine Court, Nairn Road, Forres, Moray, IV36 1FF (REF: 26/00201/STLSL) VIEW BY: LICENSING STANDARDS OFFICER Emma Rapley DATE OF VIEW: 28 JULY 2026 1. VIEW REQUEST SUMMARY1 This report relates to public objections to a short term let application (secondary letting) for 2 Pine Court, Nairn Road, Forres, Moray, IV36 1FF. 2. DESCRIPTION OF APPLICATION An application was received on 03/02/2026 for a short term let licence to allow secondary letting at 2 Pine Court, Nairn Road, Forres, IV36 1FF. A secondary letting licence type means the letting of accommodation where the applicant does not normally live. The premises is a two bedroom flat in a purpose built block. The area is a mixed residential and commercial area with Pine Court being next door to the Royal Mail sorting office and within close proximity to commercial premise Tesco, Premier as well as the Erskine centre. The application describes the premises as a “2 bedroom flat with bathroom with fully equipped kitchen. Designated parking outside” The application seeks to allow up to four persons over the age of 10 years old and two persons under the age of 10 years old at any time. The applicant is Stotfield Ltd, 25A High Street, Elgin, IV30 1EE, on the original application the only director named on the application was Cassandra Jane Thornton, the application confirmed the potential licensee as the owner. Page 53
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At the time of writing this report companies house shows that Stotfield Ltd has the below listed as Directors: • Shahed Hossain appointed on 02/07/2026 • Mohamed Monwar Ali appointed on 01/07/2026, resigned on 02/07/2026 • Cassandra-Jane Thornton appointed on 15/08/2025, resigned 01/07/2026 There has been no update offered from the applicant in relation to the changes of directors within Stotfield Ltd. However, updated details of the director were obtained, during these enquiries, it transpired that the day to day manager named on the application form had left the company and a new day to day manager was in place, both updated party details have been passed to Police Scotland for consultation with no concerns raised. 3. APPLICATION OBJECTIONS The application has received two objections from members of the public with no other objections or representations being raised by consultees. There is no outstanding paperwork. 4. DETAILS OF OBJECTION 1 Objector: Nigel Magill, 8 Pine Court, Nairn Road, Forres, IV36 1FF, Objection received: 1 March 2026 The Licensing Standards Officer met with Mr Magill at his home address on 14 May 2026. The objector stated that following them submitting their objection Flat 3 has been listed for sale and is no longer being used as a short term let premises. Mr Magill stated that he understood that the issues that he was raising were not matters that could be resolved through mediation. When asked if he had any other concerns which he had not raised i.e. noise or parking, he confirmed that he did not and that occasionally he heard people coming and going but only within a reasonable level. Mr Magill ended the meeting confirming that his concerns centred on the letting of the premises being “done right, correctly and legally”. Mr Magill subsequently made contact with the Licensing Standards Officer on 16 May 2026 to inform her that further guests are at the premises. Mr Magill confirmed on 11 June 2026 that he did not want to withdraw his objection and wanted to attend the Licensing Committee to raise his objection. On 15 July 2026 Mr Magill made contact with the Licensing Standards Officer to inform her of the changes to the directors of Stotfield Ltd. 5. DETAILS OF OBJECTION 2 Ms Crothers first made contact with Moray Council through the online reporting system on 11 November 2025 reporting that she believed that 2 Pine Court, Nairn Road, Forres was operating as an unlicensed short term let Page 54
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Ms Crothers outlined concerns that the leasing of the premises is a breach of the property deeds and that there had been issues with guests being disruptive. There have been numerous contacts with Ms Crothers where she has raised issues relating to the premises continuing to be used for what she believed was unlicensed short term lets. An offer was made to meet with Ms Crothers to discuss her issues with a view to explore if any of these were suitable for discussing/resolving through mediation. However, there appeared to be no issues to discuss that could be resolved through mediation. Any breaches of title documents are not matters for licensing. Mediation is not the place for discussion or resolution of whether the applicant is fit and proper to hold a licence. Ms Crothers had during the course of her correspondences made reference to inconveniences with parking however, these were used purely to reiterate Ms Crothers view that the applicant is not fit and proper to hold a licence. 6. CONCLUSION In the opinion of the Licensing Standards Officer the application seems reasonable, issues around changes to those named on the application have been resolved. There is nothing to suggest that the premises is not suitable for use as a short term let and all paperwork is in order. Whilst both objectors have raised other issues the main point of concern appears to be that they believe that the premises has been used as an unlicensed short term let, Mr Magill confirmed that they may have been inconveniences from those using No.2 Pine Court but that when you live in a flat there needs to be an element of tolerance. At the conclusion of discussions with Mr Magill, it appeared to the Licensing Standards Officer that the only relevant matter he was concerned about was trading being legal. On that basis the issue of a licence would ensure that trading is legal and regulated. Ms Crothers is of the opinion that the premises has been used as an unlicensed short term let and as such the applicant is unfit to hold a short term let licence. There were no issues suitable for resolution by the Licensing Standards Officer, whether the applicant is a fit and proper person to hold a licence is a matter for the committee to decide. Page 55
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Report to: Licensing Committee Meeting Date: 2 September 2026 Report by: Executive Director Economy, Enterprise and Operations Author: Jennifer Smith, Solicitor Contact Email: licensing@moray.gov.uk Subject: Civic Government (Scotland) Act 1982 – Mandatory Review of Taxi Fares and Charges 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to invite 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. 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 The Council, as licensing authority, must review the maximum fares and charges applicable to taxi operators every 18 months under the Civic Government (Scotland) Act 1982 taking into consideration any expressed views during consultation. The review must be completed and new fare card implemented by 30 November 2026. Following Committee’s meeting of 29 April 2026, formal consultation with taxi operators and the public through being advertised in the local press, online and issued to all existing contacts during the period 8 May 2026 to 24 July 2026 was carried out. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Consider and note the responses received from the formal consultation process; and ii) In light of those responses, agrees the maximum fares and charges applicable to Moray to have effect from 30 November 2026; and Item 6. Page 57
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iii) Instructs the Head of Governance to implement the new fare card on that date. Jennifer Smith Solicitor 4. BACKGROUND AND CONTEXT 4.1 The Committee at its meeting on 29 April 2026, considered views expressed by taxi operators in the informal consultation process, agreed the proposal for a 4p increase on the fare for the first 1760 (1 Mile) and, a 2p increase for every additional 176 yards or part thereof (1/10th of a mile) attached at APPENDIX 1, instructed the Head of Governance to conduct a formal consultation on this proposal and report back to Committee in order for it to approve a new fare card for implementation on 30 November 2026 (paragraph 6 of the Minute refers). 4.2 Following the Committee meeting of 29 April 2026, an advert detailing the proposed increase to the current maximum fares and charges applicable to taxis in Moray and inviting representations in relation to it, was placed in the Press and Journal newspaper on 12 May 2026. The advert was published on the Council’s website and promoted across the Council’s Social Media by the Council’s Communications Team on 13 May 2026. In addition, an email detailing the proposal was sent to all Community Councils and all taxi operators (currently 103 of them) requesting their views on the proposal. RESPONSES TO THE FORMAL CONSULTATION 4.3 6 responses have been received to the formal consultation which ran from 8 May 2026 to 24 July 2026. The responses have been collated and are provided at APPENDIX 2. The majority of the small number of responses received are in favour of an increase to the maximum fares and charges applicable in Moray. 5. PROPOSALS 5.1 The Committee is invited to consider the responses received in the formal consultation process and agree the maximum fares and charges applicable in Moray. 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 Staffing X Best Value and Transformation X Page 58
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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. 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 The Council, as taxi licensing authority for the Moray Council area, is required to review the fees and charges in connection with the hire of taxis in its area under Section 17 of the Civic Government (Scotland) Act 1982. The fare card, as its known, requires to be reviewed within 18 months of fares coming into effect. The fares and charges set are the maximum that can be charged so taxi operators may and can choose to charge less. The current maximum fares and charges were agreed by Committee at its meeting on 30 May 2025 (paragraph 6 of the Minute refers) and came into effect on 30 May 2025. A copy of the current fare card is attached at APPENDIX 3. A review should be completed and new fare card implemented by 30 November 2026. 6.4 Financial The costs associated with the review of taxi fares and charges are an outlay of £303.84 relating to the cost of advertising and considerable staff time described below in staffing which can be met from existing budgets. Any costs incurred by the Council’s Fleet Services in relation to resealing the taxi meters (if necessary) will require to be met from taxi operators. The cost of recalibrating the taxi meters (if necessary) will also require to be met by taxi operators. If there is no change to the current fare card, there will be no costs incurred that are associated with resealing taxi meters. One off Costs: Page 59
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Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Licensing Licensing Committee 2025/2026 £303.84 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 6.5 Risk There is a risk that any decision is open to an appeal. An appeal would be to the Traffic Commissioner and a further process may be specified/required as a result. If the fares are not set within the 19 month statutory timescale then the further delay may also result in an appeal and further process. These risks are mitigated by the fact that the Council has held both an informal and formal consultation with the clear view of the majority being that the current maximum fares and charges are not altered. There is a 14 day period to appeal from notice being given. The effect of an appeal would be to suspend any decision unless and until an appeal has been determined. 6.6 Staffing The staffing implication arising from this report is in terms of the time taken to undertake consultation, draft the published information, compile the responses to the consultation, draft this Committee report and notify taxi operators of the outcome of the review. Whilst the time is considerable this can be met from existing resources. 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 Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Page 60
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Any protected characteristics individuals or groups (Equality Act 2010) ☐ ✓ ☐ ☐ ☐ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ✓ ☐ ☐ ☐ Human Rights of individuals ✓ ☐ ☐ ☐ ☐ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected An equalities impact assessment is not required in connection with this report because both an informal and formal public consultation has been carried out. 6.11 Climate Change and Biodiversity Impacts No climate change or biodiversity implications have been determined for this consultation result because it will not increase the amount of taxi vehicles or journeys. 7. CONSULTATION 7.1 This report has been prepared in consultation as described. Taxi operators and interested parties were invited to submit a response to both the informal and formal consultations and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 There are no background papers. Page 61
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PROPOSAL FOLLOWING INFORMAL CONSULTATION The Distance Fare a) For the first 1760 yards (1 Mile) £4.00 Increase of 4p (1.01%) b) For every additional 176 yards or part thereof (1/10th of a Mile) 35p Increase of 2p (6.06%) EXTRAS (1) Waiting a sum calculated at the rate of £22.00 an hour. Waiting time to be charged 5 minutes after customer informed of arrival of taxi. No change SURCHARGES (Only one surcharge can be charged for each journey) **Please note surcharges are in addition to the above distance rate** (a) For each hiring between 7.00pm and 12 midnight on any day except Sundays, 24th, 25th, 26th, 31st December and 1st and 2nd January a surcharge of £1.10. No change (b) For each hiring between 12 midnight and 7.00am on any day except 25th, 26th and 27th December, 1 st, 2nd and 3rd January a surcharge of £1.87. No change (c) For each hiring between 7.00 am and 12 midnight on Sundays and Bank Holidays a surcharge of £1.65 applies. No change (d) For each hiring between 7.00pm on 24th to 7am on 27 December inclusive and between 7.00pm on 31st December to 7.00am on 3rd January inclusive a surcharge of 50% on the basic fare, subject to a minimum fare (after allowing for the surcharge) of £7.10. No change For each hiring where more than four passengers are carried, a surcharge of 50% applies. No change For each hiring pre booked, a surcharge of £0.55 applies. No change A charge of £200.00 to every passenger fouling a taxi. No change Page 63
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FORMAL CONSULTATION - TAXI FARE REVIEW 2026 - 8 May 2026 to 24 July 2026 Date Response Received Method Respondent Company Name (if relevant) Response 1 08/05/2026 Email Andrew Cowie Ace Taxis 2 08/05/2026 Email Shahbaz Tariq 3 09/05/2026 Email Claudia Vasto STGA Blue Badge Tourist Guide 4 14/05/2026 Email Muhammad Saeed Dear Licensing and Regulatory Team, Thank you for the opporunity to participate in the formal consultation on the proposed taxi fare review. I have reviewed the attached schedule and note the proposed increase of 4p for the first mile and 2p for each additional 1/10th of a mile, with no other changes to the fare card. While I apprecaite the need to keep fares fair for the public, I would like to express the following views for the Committee's consideration: The proposed increases are modest, but they may not fully account for recent rises in operating costs, including fuel, vehicle maintenance, insurance, and licensing fees. I would urge the Committee to conisder a slightly higher adjustment to help drivers maintain viable earnings without putting undue pressure on passengers. Alternatively, a regular, smaller automatic adjustment mechanism linked to an inflation index could reduce the need for large periodic reviews. Thank you for considering my views as part of this process. Regards,... 5 14/05/2026 Email James Murison I think the proposal sounds good. 6 09/07/2026 Email Andy Devine Lossie Taxis Would like to strongly recommend not increasing the taxi fares as evene as things currently stand there are enough complaints from customers! I don't think this is a good idea at all and I'm not aware of talking to any other operators who are seeking an increase! Things are hard enough for alot of people as it is just now and I think putting the fares up again could possibly lead to more and more people in moray just refusing to use taxis which would affect oeprators in a nagative way! Set prices are becoming more and more common now anyway and if anything it will just put more pressure on the operators who try and stick to using the meter as much as possible cause they know there will always be somebody out there who will do the run for cheaper! Kind regards Andy Devine lossie taxis. Current minimum wage is £12.71 an hour so more than half the current waiting time charge would be staff wages alone, I feel this needs to be looked at as well. Overall happy with the tarriff changes suggested. Dear Licensing Committee, thank you for the opportunity to provide feedback regarding the proposed taxi fare review. As a licensed taxi driver, I would like to express my concern that the proposed increase is far too low and does not reflect the significant rise in operating costs that drivers have faced over recent years. The cost of running a taxi has increased dramativcally. Car insurance premiums have rised by around 82%, while vehicle maintenance costs have also increased substantially, with car parats rising by approximately 35% and labour charges increasing by around 20%. In addition, fuel prices have rised by approximately 33%. These increases, alongside other day-to-day operating expenses and general wear and tear on vehicles, have placed considerable financial pressure on drivers who are already working long hours to maintain a reasonable income. The proposed fare adjustment amounts to approximately a 1% increase overall, which in practical terms will make very little difference to drivers struggling with these rising expenses. Unfortunately, such a small increase does not adequately support the trade or reflect the current economic conditions. I respectfully ask the committee to reconsider the proposed fare structure and implement a more meaningful increase that better reflects the true rise in operating costs. A fairer adjustment would help ensure that drivers can conitue to provide a reliable, safe, and professional service to the public while still being able to sustain their livelihoods. Thank you for conisdering my comments as part of the consultation process. Yours faithfully... Hello team, I vouch this increase. Regards… Page 65
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THE MORAY COUNCIL CIVIC GOVERNMENT (SCOTLAND) ACT 1982 LICENSING OF TAXIS AND PRIVATE HIRE CARS MAXIMUM CHARGES APPLICABLE TO HIRE OF TAXIS AND PRIVATE HIRE CARS FITTED WITH TAXI METERS EXTRAS (1) WAITING A sum calculated at the rate of £22.00 an hour. Waiting time to be charged 5 minutes after customer informed of arrival of taxi. (2) SURCHARGES (Only one surcharge can be charged for each journey) (a) For each hiring between 7.00 p.m. and 12 midnight on any day except Sundays, 24th 25th, 26th, 31st December and 1st and 2nd January a surcharge of £1.10. (b) For each hiring between 12 midnight and 7.00 a.m. on any day except 25th, 26th and 27th December, 1st, 2nd and 3rd January a surcharge of £1.87 applies. (c) For each hiring between 7.00 a.m. and 12 midnight on Sundays and Bank Holidays a surcharge of £1.65 applies. (d) For each hiring between 7.00 p.m. on 24th to 7.00 a.m. on 27th December inclusive and between 7.00 p.m. on 31st December to 7.00 a.m. on 3rd January inclusive a surcharge of 50% on the basic fare, subject to a minimum fare (after allowing for the surcharge) of £7.10 . (3) For each hiring where more than four passengers are carried, a surcharge of 50% applies. (4) For each hiring pre booked, a surcharge of £0.55 applies. (5) A charge of £200.00 to every passenger fouling a taxi. Complaints: Any complaints regarding overcharging should be made in writing to the Moray Council Licensing department either by email to licensing@moray.gov.uk or by letter to Council Headquarters, High Street, Elgin IV30 1BX. The licence number of the vehicle or its driver and the name of the company (if any) should be quoted. ALASDAIR MCEACHAN Head of Governance, Strategy and Performance May 30th 2025 Explanatory Notes 1. The Council is required to set maximum fares and charges for journeys in Taxis and Private Hire Cars fitted with Taximeters that it licences. Fares are reviewed at regular intervals of no more than 18 months. There is opportunity for the public and trade to participate in the setting on the levels of fares proposed in any review and taxi operators have the right to appeal against the fares and charges set down by the Council before they come into operation. 2. Please note that a taxi driver is not required to take you on a journey ending outside the Moray boundary. If the driver does agree to take you out with Moray, these maximum fares do not apply and it is up to you to reach agreement with the driver as to the fare. You should do this before you start. 3. The maximum fare you are required to pay is the sum calculated in accordance with the fares and charges above. These only apply within Moray. 4. If you are asked to pay VAT then this should be included as part of the fare and please ask for a proper VAT receipt. 5. It is up to you to decide whether you wish to give the driver a tip. 6. It is a criminal offence for you to take a taxi journey without having the money to pay EXCLUSIVE HIRE THE DISTANCE FARE a) For the first 1760 yards (1 Mile) £3.96 b) For every additional 176 yards or part thereof (1/10th of a Mile) 33p Page 67
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Report to: Licensing Committee Meeting Date: 2 September 2026 Report by: Executive Director Economy, Enterprise & Operations Author: Jennifer Smith 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 Officer. 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. It was therefore 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 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 Head of Governance to publish the agreed final report on the Council’s webpages Jennifer Smith Solicitor 4. BACKGROUND AND CONTEXT 4.1 A draft Annual Functions Report has been produced so as to include the following; Item 7. Page 69
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• 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 1982 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. Due to competing priorities the intended timeframe has not been adhered to and this report is being presented to this Committee at the earliest opportunity. 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 Staffing 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. 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. Page 70
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☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal Implications have been explained above. 6.4 Financial There are none arising from this report. 6.5 Risk None arising from this report. 6.6 Staffing Preparation of statistics involves considerable staff 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 Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ✓ ☐ ☐ ☐ ☐ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected Page 71
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In considering individual decisions the Committee should have regard to issues of equality and the subject’s (licence holder’s) rights under the European Convention on Human Rights (and the Human Rights Act 1998). It is not considered necessary to undertake an equalities and human rights impact assessment in connection with this report. 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 72
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1 Moray Licensing Committee Annual Functions Report 1 April 2025 - 31 March 2026 Contents About Moray ............................................................................................................ 2 Introduction ............................................................................................................ 3 Annual Functions Report .......................................................................................... 4 Decisions of the Committee ..................................................................................... 4 Short Term Let Licensing .......................................................................................... 5 Licensing Standards ................................................................................................. 5 Page 73
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2 About Moray With a population of around 95,000, 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 Scottish 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 74
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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 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 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 (Scotland) 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 (Scotland) 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 2025 to 31 March 2026, the Committee was scheduled to meet on an approximate eight week cycle and met on the following dates: (a) 30 April 2025 (b) 18 June 2025 (c) 3 September 2025 (d) 12 November 2025 (e) 17 December 2025 – Special Meeting 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 and transparent process. The majority of applicants appearing before the Committee are willing and able to represent themselves. Decisions of the Committee Each application received by the 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 2025 to 31 March 2026, the Committee received applications for 501 and issued 537 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. 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 Committee. The Committee is regularly provided with a report on applications considered and granted under delegated powers. During the financial year 2025 to 2026 the Committee considered; 1 application for a public entertainment licence (PEL) and 1 application for a renewal of a taxi driver licence application as well as the possible suspensions of a taxi driver licence and a street trader’s licence. No action was taken in connection with the taxi driver licence nor the street trader’s licence. The PEL was continued until a meeting later in the year however all issues were resolved and the application was granted under delegated authority and did not require to be considered at a future meeting of the Committee. The renewal application of a taxi driver licence was granted. Page 76
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5 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 Committee also have regard to these community planning priorities. Short Term Let Licensing Over the last year, applications for short-term let licences have continued to increase with officers issuing new licences under delegated authority. Over the last year the first provisional short-term let licence was issued following the introduction of the new application types. 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. Page 77
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6 *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 78
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7 Licensing Standards Officer Report The Civic LSO 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 LSO between April 2025 and March 2026. - Joint visits with the Council’s Environmental Health Service to various licence type holders to ensure compliance with both licensing and environmental health legislation. - Worked with numerous mobile sauna businesses to ensure they were licensed and have suitable conditions applied where required. - Carried out two joint taxi inspection operations with Police Scotland, Fleet Services and the Driver and Vehicle Standards Agency (referred to as “VOSA” locally). - Supported the applicants of Public Entertainment Licences for MacMoray, Speyfest, Gordon Castle Highland Games, Moray Pride, Rotary Rota Fest and numerous other local events. - Supported applicants in developing plans for the return of Lossie Raft Race. - Mediated Short-term lets and Late hours licence complaints. - Worked with community groups and charities to ensure they claimed correct exemptions for markets. - Participated in the Northeast Civic Licensing Group meetings to share information and best practice among Civic Licensing Standards Officers across the North of Scotland. - Investigated reports of unlicensed Short-term Let premises when reported by the public, - Attended meetings with The Round Table, Elgin Rotary and other volunteer groups to assist in explaining licensing requirements and offer assistance in completing required applications. - Contributed to and helped manage the processing of civic licence applications. - Working with organisers on local celebrations for upcoming Fochabers and Tomintoul 250th community events. - Developed a proposed updated list of licensable activities for review. - Updated all licence types and web pages with new 2026 fees. - Supported licensing solicitor with the 2026 Taxi Fare Review process as and when required. Page 79
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9 Applications Received Year Licence Type 2022/2023 2023/2024 2024/2025 2025/2026 Grand Total Animal Boarding 28 36 35 40 139 Animal Breeding - 1 Year 0 1 0 0 1 Animal Breeding – 2 Years 0 0 0 1 1 Animal Breeding – 3 Years 0 0 0 1 1 Animal Rehoming - 1 Year 0 0 0 0 0 Animal Rehoming - 3 Years 1 0 0 0 1 Animal Welfare Establishment - 1 Year 1 0 0 0 1 Animal Welfare Establishment - 3 Year 0 1 0 1 2 Cinema 4 1 3 1 9 Dangerous Wild Animals 2 1 1 1 5 Dog Breeding 2 0 0 0 2 HMO Licence 14 8 5 9 36 Knife Dealers 0 0 1 0 1 Late Hours Catering 5 10 7 6 28 Market Operators – Full 4 11 10 6 31 Market Operators – Temp 1 1 1 1 4 Metal Dealer Licence 1 1 1 2 5 Pet Shops 0 0 1 0 1 Private Hire Driver 6 5 13 6 30 Private Hire Operator 11 9 13 5 38 Public Charitable Collections 34 24 25 24 107 Public Entertainment - 1 Year 3 6 4 4 17 Public Entertainment - 3 Years 11 11 16 19 57 Public Entertainment – Temporary 9 9 12 6 36 Riding Establishments 2 5 3 2 12 Sale of Pet Animals - 2 Years 2 0 0 0 2 Sale of Pet Animals – 3 Years 0 0 0 1 1 Second Hand Dealer 33 27 18 27 105 Short-term Lets - Home Letting 2 25 10 10 47 Short-term Lets - Home Letting/Sharing 0 29 6 11 46 Short-term Lets - Home Sharing 2 35 8 6 51 Short-term Lets - Secondary Letting 58 540 70 88 756 Short-term Lets - Temporary 0 0 0 1 1 Short-term Lets – Provisional 0 0 1 2 3 Short-term Lets – Confirmation of Provisional 0 0 0 0 0 Short-term Lets - Transfer 0 0 4 7 11 Skin Piercing and Tattooing 19 17 21 14 71 Small Lotteries 17 16 14 13 60 Street Trader 32 37 36 44 149 Page 81
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10 Taxi Booking Office 1 0 1 1 3 Taxi Driver 84 76 75 69 304 Taxi Operator 50 84 68 55 257 Venison Dealer 2 2 1 3 8 Window Cleaners 18 14 12 14 58 Grand Total 459 1042 496 501 2498 Page 82
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11 Licences Issued Year Licence Type 2022/2023 2023/2024 2024/2025 2025/2026 Grand Total Animal Boarding 28 34 16 47 125 Animal Breeding – 1 Year 0 1 0 0 1 Animal Breeding – 2 Years 0 0 0 1 1 Animal Breeding – 3 Years 0 0 0 1 1 Animal Rehoming – 1 Year 0 0 0 0 0 Animal Rehoming – 3 Year 0 1 0 0 1 Animal Welfare Establishment – 1 Year 0 1 0 0 1 Animal Welfare Establishment – 3 Year 0 1 0 0 1 Cinema 3 2 2 2 9 Dangerous Wild Animals 0 1 1 2 4 Dog Breeding 2 0 0 0 2 HMO Licence 8 10 11 9 38 Knife Dealers 0 0 1 0 1 Late Hours Catering 5 10 7 5 27 Market Operators – Full 3 8 12 8 31 Market Operators – Temp 1 2 1 1 5 Metal Dealer Licence 2 1 1 2 6 Pet Shops 3 0 0 1 4 Private Hire Driver 5 2 9 7 23 Private Hire Operator 9 8 12 5 34 Public Charitable Collections 32 23 27 21 103 Public Entertainment - 1 Year 3 2 6 5 16 Public Entertainment - 3 Years 20 12 10 21 63 Public Entertainment – Temporary 10 6 14 6 36 Riding Establishments 3 3 4 3 13 Sale of Pet Animals - 2 Year 0 0 0 0 0 Sale of Pet Animals - 3 Years 0 0 0 1 1 Second Hand Dealer 33 26 18 27 104 Short-term Lets - Home Letting 0 8 18 10 36 Short-term Lets - Home Letting/Sharing 0 4 18 16 38 Short-term Lets - Home Sharing 1 5 30 10 46 Short-term Lets - Secondary Letting 13 164 386 110 673 Short-term Lets - Temporary 0 0 0 1 1 Short-term Lets – Provisional 0 0 0 1 1 Page 83
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12 Short-term Lets – Confirmation of Provisional 0 0 0 0 0 Short-term Lets - Transfer 0 0 3 6 9 Skin Piercing and Tatooing 19 16 19 16 70 Small Lotteries 16 11 17 13 57 Street Trader 32 36 30 42 140 Taxi Booking Office 1 0 1 0 2 Taxi Driver 86 72 64 66 288 Taxi Operator 51 83 67 56 257 Venison Dealer 1 3 1 3 8 Window Cleaners 16 17 13 12 58 Grand Total 406 573 819 537 2335 Page 84
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Report to: Licensing Committee Meeting Date: 2 September 2026 Report by: Depute Chief Executive (Education, Communities and Organisational Development) 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 In the interests of transparency and for the information of members an Annual Income versus Expenditure Report is 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; and Item 8. Page 85
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iv) Note that officers intend to progress a review of licence fees and report back to members at future meeting(s). Sean Hoath Senior Solicitor 4. BACKGROUND AND CONTEXT 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 (paragraph 8 of Minute refers) and have since been subject to annual inflationary increases following consideration and approval at meetings of Council – most recently on 28 January 2026 ( paragraph 8 of the minute refers). 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 2025 to 31 March 2026. 4.6 The figures and calculations are summarised at Appendix 2. 4.7 The figures reveal the following indications:- • There was a notional net expenditure of £17574.49 for the last financial year, which equates to approximately 6.5% of the overall expenditure. This is an improvement on the last financial year with income having increased and overall expenditure decreased. Nevertheless it is a net expenditure. • Income and expenditure within civic licensing 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. • Owing to the cyclic nature of income, previously income from short-term let licence applications was evenly distributed throughout the three years period through write forwards. The decision was taken given the number of applications expected, the Page 86
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likely income and the overall significant effect on the budget year to year. The first three year cycle of short term let licences is complete. Similarly income from renewals of the first licences, which started at the beginning of this calendar year, has been written forward to the next financial year to keep it separate. 4.8 The financial gap has closed in the last financial year. As stated above, expenditure has generally reduced except for mailroom recharges. In addition income has increased. The biggest influence on the overall civic licensing function is short term let licences. Legal services work naturally reduced in relation to short term lets over the final year of the three year period. In addition renewals and new short term let licences are now processed on the automated system developed by the council’s ICT service. This reduces officer processing time across the board for short term lets. Officers intend to expand upon this automation of application processes for other licence types, with taxis being the obvious next target. 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 been prepared for this meeting of this committee relating to the required functions including details of the licensing applications processed. 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 2025 to 2026. At present the notional net expenditure indicates that fees are not meeting expenditure. 4.14 Officers have previously indicated that a complete review of civic licence fees (and others governed by the Committee) would be further considered at the end of this three year cycle. In all the circumstances, in particular a continuing next expenditure, this full review will now be progressed. Further reports will be brought before members in the coming meetings. 4.15 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, going forward, figures for both projected income and expenditure can only ever be estimates that will be based on historical data. 5. SUMMARY OF IMPLICATIONS 5.1 The table below shows whether risks and implications apply if the recommendations are agreed: Page 87
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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 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. 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. 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. Page 88
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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 Does the proposal have the potential to affect people from the below categories differently to the wider Moray population: Yes Maybe No Positive Negative Positive Negative Any protected characteristics individuals or groups (Equality Act 2010) ☐ ☐ ☐ ☐ ✓ Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation ☐ ☐ ☐ ☐ ✓ Human Rights of individuals ✓ ☐ ☐ ☐ ☐ Rights of Children or Young People (UNCRC) ☐ ☐ ☐ ☐ ✓ JUSTIFICATION - Please provide a brief justification statement explaining why the above boxes have been selected 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 Human Rights (and the Human Rights Act 1998). It is not considered necessary to undertake an equalities and human rights impact assessment in connection with this report 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. Page 89
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7. BACKGROUND PAPERS 7.1 None arising from this report. Page 90
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Effective from 01 April 2026 Civic Licence Fees All Civic Licences Copy of a licence £26 (STL £24)* Variation (making a change) to a licence £32 (STL £30)* *STL: Short Term Let Entertainment Licences Cinema £194 Gambling See our gambling fees webpage Public Entertainment 50% fee for registered charity 75% of fee for charity event held by a non-registered body Under 200 attendees £383 £191.50 £287.25 200-299 attendees £477 £238.50 £357.75 300-399 attendees £624 £312.00 £468.00 400-499 attendees £812 £406.00 £609.00 Over 500 attendees £1687 £843.50 £1265.25 Taxi/Private Hire Licence Fees Replacement ID Badge £25 Taxi Booking Office (4 or more cars) £591 Taxi/Private Hire - Driver Grant £279 Taxi/Private Hire - Driver Renewal £225 Taxi/Private Hire - Vehicle (Operator) £484 Licence Plates £26 non-refundable Vehicle Substitution £405 Business & Street Traders Licence Fees Food Premises Approval n/a Food Premises Registration n/a Itinerant Metal Dealer Licence: £748 Exemption warrant: £784 Knife Dealer £830 Late Hours Catering Licence: £1092 Renewal: £1092 Market Operator Licence: £512 Temporary licence: £512 Page 91
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Effective from 01 April 2026 Metal Dealer Licence: £748 Exemption warrant: £784 Public Charitable Collection n/a Second Hand Dealer £173 Sexual Entertainment Venue NEW licence £1860 Sexual Entertainment Venue licence grant fee TBD Sexual Entertainment Venue licence renewal £1860 Sexual Entertainment Venue licence variation £585 Sexual Entertainment Venue licence transfer £341 Sexual Entertainment Venue issue duplicate licence £47 Sex Shop £1,551 Skin Piercing and Tattooing £452 Street Trader £452 Venison Dealer £64 Weighbridge Operator Set by Trading Standards (PDF) Window Cleaner £178 Animal Licence Fees Fee Additional Fees Animal Boarding Establishment (Licence Application/renewal/change) £157 Vet fees variable, chargeable per hour* Animal Welfare Establishment (Licence Application/renewal/change) £264 Vet fees variable, chargeable per hour* Animal Rehoming Activities £228 Vet fees variable, chargeable per Breeding of dogs, cats and rabbits (Licence Application/renewal/change) £136 Vet fees variable, chargeable per hour* Dangerous Wild Animals Licence (Licence Application/renewal/change) £341 Vet fees variable, chargeable per hour* Riding Establishments Act 1964/70 (Licence Application/renewal/change) £475 Vet fees variable, chargeable per hour* Sale of Pet Animals (Licence Application/renewal) £272 Vet fees variable, chargeable per hour* Performing Animals Licence (Licence Application/renewal/change) £131 Page 92
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Effective from 01 April 2026 Zoo Licence (Licence Application/renewal/change) £398 Vet fees variable, chargeable per hour* *Fees are chargeable per hour and must be paid before any licence is issued. Property Licence fees Caravan parks N/A House in Multiple Occupation (HMO) 5 occupants or under: £2067 10 occupants or under: £2,952 Over 10 occupants: £3,839 Change of circumstance: £299 SHORT TERM LET Short-term Let Licence/renewal (new or existing operator) £540 Temporary Short-term Let Licence £540 Inspection of Short-term Let premises £220 Transfer of Short-term Let Licence £309 Provisional Short-term Let Licence £220 Confirmation of a Provisional Short- term Let Licence £320 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. Page 93
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Civic Licensing Income v Expenditure Description 2025/26 2024/25 2023/24 2022/23 Employee Costs 41,232.75 31,767.01 24,234.53 0.00 Supplies and Services 2,766.34 3,115.71 3,906.73 8,578.65 Transport & Plant Costs 1,910.22 1,560.24 2,616.90 1,806.56 Breakdown Support Services (see breakdown) 226,222.15 247,185.05 201,648.07 160,095.77 2025/26 2024/25 2023/24 2022/23 Legal 179,362.88 217,888.87 150,441.55 111,096.52 Expenditure Total 272,131.46 283,628.01 232,406.23 170,480.98 Contact Centre 6,357.97 8,571.47 9,534.59 8,156.43 Mailroom 34,782.24 15,733.92 35,961.40 35245.07 Reception 753.06 605.79 1,004.53 898.75 Other CSS 4,966.00 4,385.00 4,706.00 4,699.00 226,222.15 247,185.05 201,648.07 160,095.77 Income Total -254,556.97 -235,717.69 -231,345.75 -172,351.66 Net Expenditure 17,574.49 47,910.32 1,060.48 -1,870.68 Page 95
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