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Agenda Document Pack - Licensing Committee - 19/06/2024

Moray Council · 19 June 2024
Back to Licensing Committee — 19 June 2024 and its agenda

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Page 1

Licensing Committee 
Wednesday, 19 June 2024 
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, 19 June 2024 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Items 8-10 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.”   
4 Minute of meeting dated 15 November 2023 5 - 8
5 Written Questions ** 
6 Civic Government (Scotland) Act 1982 - Annual
Functions Report
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
9 - 20
7 Civic Government Licensing Annual Review of Income
and Expenditure
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
21 - 32
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8 Application for Grant of a Short-Term Let Licence - Case
No STL 24 001
33 - 60 
Item(s) which the Committee may wish to consider with
the Press and Public excluded   
9 Antisocial Behaviour Etc (Scotland) Act 2004, Part 8
Registration of Private Landlords (Case No LR 24 001)
[Para 14]
• 14. Information relating to action taken, or to be taken, in
connection with the prevention, investigation or prosecution of
crime. 
10 Application for Grant of a Street Trader's Licence (Case
No ST 24 001) [Para 14]
• 14. Information relating to action taken, or to be taken, in
connection with the prevention, investigation or prosecution of
crime. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
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THE MORAY COUNCIL 
Licensing Committee 
SEDERUNT 
Councillor Paul McBain  (Chair)
Councillor Peter Bloomfield  (Depute Chair)  
Councillor James  Allan  (Member)
Councillor Neil Cameron  (Member)
Councillor Tracy Colyer  (Member)
Councillor Theresa Coull  (Member)
Councillor John Divers  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor Donald Gatt  (Member)
Councillor Juli Harris  (Member)
Councillor Graham Leadbitter  (Member)
Councillor Kathleen Robertson  (Member)
Councillor Ben Williams  (Member)  
Clerk Name: Lindsey Robinson
Clerk Telephone: 07966 120593
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Licensing Committee 
Wednesday, 15 November 2023 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James  Allan, Councillor Peter Bloomfield, Councillor Neil Cameron,
Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Divers, Councillor
Jérémie Fernandes, Councillor Donald Gatt, Councillor Juli Harris, Councillor
Graham Leadbitter, Councillor Paul McBain, Councillor Kathleen Robertson 
APOLOGIES 
Councillor Ben Williams 
IN ATTENDANCE 
Sean Hoath, Senior Solicitor; Jennifer Smith, Solicitor; Lindsey Robinson,
Committee Services Officer, all Moray Council and PC Mitchell Dickson, Police
Scotland. 
1.         Chair 
Councillor Paul McBain, as Chair of the Licensing Committee, chaired the meeting. 
2.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Member’s interests in respect of any item on the agenda. 
3.         Resolution 
The Meeting resolved that under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media representatives be
excluded from the meeting for Items 7, 8 and 9 of business on the grounds that they
involve the likely disclosure of exempt information of the class described in the
relevant Paragraphs of Part 1 of Schedule 7A of the Act. 
Paragraph Number of
Minute
Paragraph Number of Schedule 7a and Reason
7 14 - Information relating to any action taken in
connection with the prevention, investigation or
prosecution of crime. 
8 14 - Information relating to any action taken in
connection with the prevention, investigation or
prosecution of crime. 
9 14 - Information relating to any action taken in
connection with the prevention, investigation or
prosecution of crime. 
Item 4
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4.         Minute of meeting held 6 September 2023 
The minute of the meeting of the Licensing Committee held on 6 September was
submitted and approved. 
5.         Written Questions ** 
The Committee noted that no written questions had been asked. 
6.         Question Time *** 
The Committee noted that no questions were asked. 
7.         Registration of Private Landlords - Case No LR-23-001 [Para 14] 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing the Committee of an objection from Police
Scotland to a landlord being registered under the requirements of the Antisocial
Behaviour etc, (Scotland) Act 2004. 
Mrs Smith introduced the report and advised the Committee that the applicant had
been sent all of the paperwork and details of the meeting. 
The Committee noted that the applicant was not in attendance.  The Chief
Constable was represented by PC Mitchell Dickson. 
The Committee noted that the applicant was not in attendance.  The Chief Constable
was represented by PC Mitchell Dickson. 
The Committee were of the view that in the circumstances the applicant had been
given a reasonable opportunity to attend the hearing and resolved to proceed with the
hearing in his absence. 
On the invitation of the Chair PC Dickson addressed the Committee and responded
to questions from members. 
Councillor Bloomfield moved that the application to be entered onto the register of
landlords be refused as having regard to all the evidence the applicant was not a fit
and proper person to be a registered landlord.  This was seconded by Councillor Gatt. 
There being no one otherwise minded the application for registration was refused. 
8.         Application for the grant of a Street Trader Licence - Case No ST-23-
001 [Para 14] 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) asking the Committee to consider
an application for a street trader's licence received on 27 February 2023 subject to
an adverse representation received from a consultee. 
Mr Hoath introduced the report and advised the Committee that the applicant had
been sent all of the paperwork and details of the meeting. The Committee were of the
view that in the circumstances the applicant had been given a reasonable opportunity
to attend the hearing and resolved to proceed with the hearing in his absence. 
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Before the Committee considered the application, Mr Hoath advised that there was a
technically late submission from Police Scotland as the previous Police
representation had been upgraded to an objection as part of a second update
letter.  Mr Hoath asked the Committee if they were happy to accept the late
submission. The Committee agreed unanimously that there was sufficient reason to
accept the technically late additional information. Thereafter the second submission
from Police Scotland was distributed to members. 
Adjournment
The Chair called for a short adjournment to allow the Committee time to read the
additional submission. 
Resumption of meeting 
Following a short adjournment the Committee noted that the applicant was not in
attendance.  The Chief Constable was represented by PC Mitchell Dickson. 
On the invitation of the Chair PC Dickson addressed the Committee and responded
to questions from members. 
Councillor Bloomfield moved that the licence be refused as having regard to all the
evidence the applicant was not a fit and proper person to hold a licence.  This was
seconded by Councillor Leadbitter who added that he also had serious concerns
around the issue of public safety. 
There being no one otherwise minded the Committee was obliged to refuse the
licence application as the applicant was considered to be not a fit and proper person
to hold a licence. 
9.         Application for the grant of a Taxi Driver Licence - Case No TD-23-002
[Para 14] 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) asking the Committee to consider
an application for the grant of a taxi driver licence received on 12 October 2023
subject to an adverse representation received from a consultee. 
Mrs Smith introduced the report and advised the Committee that the applicant had
been sent all of the paperwork. 
The Committee noted that the applicant was in attendance.  The Chief Constable
was represented by PC Mitchell Dickson. 
The applicant confirmed his name and that he had received a copy of the Police
letter. 
On the invitation of the Chair PC Dickson addressed the Committee and responded
to questions from members. 
On the invitation of the Chair the Applicant advised the Committee that he had
nothing further to added. 
Mr Hoath advised the applicant that this was his opportunity to address the concerns
raised by the Police representation. The applicant addressed the meeting and also
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responded to questions from members. In particular the applicant advised that he had
not declared his previous convictions as he did not understand the application form. 
Mr Hoath sought to confirm that the applicant understood the proceedings and what
was happening to which the applicant confirmed he understood. 
Councillor Gatt moved that the licence be refused as having regard to all the evidence
the applicant was not a fit and proper person to hold a licence.  This was seconded
by Councillor Cameron. 
There being no one otherwise minded the Committee was obliged to refuse the
licence application as the applicant was considered to be not a fit and proper person
to hold a licence. 
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REPORT TO: LICENSING COMMITTEE 19 JUNE 2024 
SUBJECT: CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - ANNUAL
FUNCTIONS REPORT 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 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 the 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. RECOMMENDATION 
2.1 It is recommended that the Committee note the draft Annual Functions
Report at Appendix 1, amend the same if the Committee considers
appropriate and agree the final report be published. 
3. BACKGROUND 
3.1 It is mandatory that the Licensing Board produces an Annual Functions
Report. It was therefore thought appropriate, for transparency and information,
that an Annual Functions Report also be produced for the Licensing
Committee.  A draft has therefore been produced so as to include the
following; 
3.1.1 A statement as to how the Committee has had regard to the licensing
legislative requirements in exercising functions under the Civic
Government (Scotland) Act 1982; and 
3.1.2 A summary of the decisions made. 
3.2 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. 
Item 6
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4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)) 
The provisions of licensing directly relate to the priorities within the 10
Year Plan (Moray 2026) in relation to healthier citizens, a growing and
diverse economy and safer communities. The industries that require
licensing have positive effects on tourism and the economy in terms of
production, retail and services. Regulation of licensable activities
contributes to a safer community by ensuring those providing licenseable
goods and services are fit to do so.   
(b) Policy and Legal 
Policy and legal implications have been explained above. 
(c) Financial Implications 
None identified. 
(d) Risk Implications 
None identified. 
(e) Staffing Implications
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. 
(f) Property 
None. 
(g) Equalities/Socio Economic Impact 
In considering individual decisions the Committee should have regard to
issues of equality and the subject’s (licence holders) rights under the
European Convention on Human Rights (and the Human Rights Act
1998). It is not considered necessary to undertake an equalities and
human rights impact assessment in connection with this report. 
(h) Climate Change and Biodiversity Impacts 
None identified. 
(i) Consultations 
None. 
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5. CONCLUSION 
5.1 It is proposed that the Committee consider the contents of this report,
amend the draft Annual Functions Report in Appendix 1 if the
Committee considers appropriate and agree to publish the final Annual
Functions Report. 
Author of Report: Sean Hoath, Senior Solicitor 
Background Papers: 
Ref: SH 
Signature:        
Designation: Head of Governance, Strategy and Performance
Name:  Alasdair McEachan 
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1 
Moray Licensing Committee 
Annual Functions Report 
1 April 2023 - 31 March 2024 
Contents 
About Moray ......................................................................................................................... 2
Introduction ........................................................................................................................... 3
Annual Functions Report .................................................................................................. 4 - 5
Decisions of the Committee ............................................................................................. 4 - 5
Licensing Standards ............................................................................................................. 6
List of Application Numbers and Licences Issued ............................................................ 7 - 8 
Item 6
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2 
About Moray 
With a population of around 95,500, Moray nestles between the rugged and spectacular
Highlands and the flat, fertile farmlands of the north-east and although it belongs to neither, it
shares the best elements of both – from the snow-capped peaks of the Cairngorms to the
unspoiled coastline of the Moray Firth.
Local industry is as diverse as the landscape in which it is located and makes a major
contribution to the area’s buoyant economy. Moray is the heartland of the Scotch whisky
industry and is home to more than 45 distilleries whose brands are savoured in just about
every corner of the world. Whatever country you’re in, you’ll find a bottle of Speyside Malt for
sale.
In the spirit of celebration, music plays a vital role in the Moray community. There are major
music festivals every year, including the traditional Speyfest and the Spirit of Speyside, the
latter linked to the whisky industry.  Venues for the performing arts thrive in the area, and each
town sustains a lively artistic culture. Two thriving arts and performance centres exist in
Findhorn alone.
Traditional industries - farming, fishing and forestry - play an important part in the area’s culture
whilst underpinning the economy. In addition, two internationally renowned food producers,
Baxters of Speyside and Walkers of Aberlour, have put Moray firmly on the international map.
The area’s biggest town and administrative capital is Elgin, which is also Moray’s principal
shopping centre. Many leading national retailers are represented alongside long-established
local outlets. Other main towns include Forres, well known for its successes in national floral
competitions; Buckie, with its fishing and commercial harbour; and Keith, built on a once-
thriving textiles industry. 
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3 
Introduction 
Moray Licensing Committee ("the Committee") is the licensing authority for the purposes of all
civic licensing excluding alcohol and gambling which are dealt with by the Moray Licensing
Board. 
The Licensing Committee is responsible for considering applications and objections in relation
to regulating Civic licensing in accordance with the Civic Licensing (Scotland) Act 1982 as
amended. 
Under the (“the Act”), the Licensing Committee is responsible for considering applications
for:-
1. Taxis
2. Second hand dealers
3. Knife dealers
4. Metal dealers
5. Boat hire licences
6. Street traders’ licences
7. Market operators’ licences
8. Public entertainment licences
9. Indoor sports entertainment licences
10. Late hours catering licences
11. Window cleaners’ licences
12. Public processions
13. Houses in Multiple Occupation (HMOs)
14. Various animal related licences e.g. pet shops, animal boarding, animal breeding,
animal rehoming, horse riding establishment etc.
15. Landlord registration
16. Short term lets
17. Sex shops and sexual entertainment venues 
In exercising its functions under the Act, 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 2023 to 31 March 2024, the Committee met on an approximate eight week cycle
on the following dates: 
(a) 3 May 2023
(b) 21 June 2023
(c) 6 September 2023
(d) 15 November 2023 
Information and assistance is always available to persons wishing to apply for a licence or
respond to an application. The committee has published guidance documents and licensing
staff are on hand to answer queries. 
Committee meetings are as informal as possible whilst maintaining a fair process. The majority
of applicants appearing before the Licensing Committee are willing and able to represent
themselves. 
Decisions of the Committee 
Each application received by the Licensing Committee is considered on its individual merits.
All licence applications that are received must be weighed-up in accordance with the Civic
Government (Scotland) Act 1982 and in consultation with the consultees. 
During the course of the 1 April 2023 to 31 March 2024, the Committee received applications
for 1040 and issued 554 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 Civic Government (S) Act 1982 have
a three year cycle. Therefore the overall number of licences is much higher than the number
considered each year. It should also be noted that the advent of short term lets has greatly
increased the number of applications and licences. The number of applications for the current
period equalled the overall number of applications for the previous 5 periods. 
In addition the majority of licence applications are processed under delegated powers where
there are no problems with the application and there are no objections or representations. In
cases where an objection or representation does arise the matter is referred to the Licensing
Committee. The Committee is regularly provided with a report on applications considered and
granted under delegated powers. 
During the financial year 2023 to 2024 the Committee considered 4 applications for various
licences at hearings: 2 taxi driver applications; 1 street trader application (over 2 hearings);
and 1 landlord registration. 
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 Community Councils, Local Residents, the Local Licensing Forum, the Licensing
Standards Officer, Police Scotland and the NHS. 
Tourism and Industry continue to play an important role in parts of Moray. Moray Council has
set out a number of community planning priorities including healthier citizens, a growing and
diverse economy and safer communities. Licensing plays an important role in all of these and
decisions of the Licensing Committee also have regard to these community planning priorities. 
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5 
Sexual Entertainment Venues (SEV) 
Following the Resolution in terms of Section 45B of the Civic Government (Scotland) Act 1982
passed on 6 November 2019 there have been no applications for a SEV licence. 
Short Term Let Licensing 
The single largest commitment in Civic Government licensing during the period covered by
this report has been the licensing regime for short term lets. This has involved a lot of officer
time across many council services in developing and implementing a completely new licence
type. A fully automated online process has been developed as an extremely complex process
involving the council’s bespoke licensing software provider. Unfortunately the online process
was later than planned and so the majority of applications can in on paper. As above there
has been a huge surge in the overall number of applications for civic licencesdriven by short
term lets. A large amount of officer time is now being spent in processing these licences. The
process has been made much more difficult by late applications as the majority of applications
came in just before the deadline of 1 October 2023. Changes to the Scottish Government
statistical requirements and guidance have also caused difficulties. The Scottish Government
is also changing the law again before the first round of applications are completely processed. 
Nonetheless deadlines remain in force and all applications by existing hosts/operators should
be determined by the end of this calendar year. Numbers of actual applications have now
exceeded the overall number expected. It was previously thought numbers might reach
approx. 600 but have now exceeded 700. As such, work on processing short term let
applications has risen dramatically in recent months. 
Animal Licensing 
The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021
came into force in September 2021. It modernised some of the animal related licences (e.g.
selling animals as pets), added some categories to existing licences (e.g. dog breeding has
become breeding of dogs, cats or rabbits) and introduced new licences for animal rehoming
and animal welfare establishments. The Regulations brought animal related licences more
into line with civic style licences by making them up to three years in length and providing for
specific mandatory conditions for relevant licence types. These licences are now becoming
more common and work is ongoing to modernise the system of processing. The council has
deleted the post of one animal services officer and so licensing is 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 relating to civic and taxi licensing, while the second LSO is responsible for liquor
licensing, gambling and adult entertainment. 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. 
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6 
Licensing Standards Officer Report 
The Civic Licensing Standards Officer is responsible for numerous licence types. The aim of
the role is to provide guidance and information to interested parties; ensure compliance by
licence holders; and provide a mediation service for the purpose of avoiding or resolving
disputes
Below is a brief list of some of the activities carried out by the Civic LSO between April 2023
and March 2024. 
- Joint Investigation with Police  of unlicensed taxis being run in Elgin resulting in two
charges 
- Supported the applicants of Public Entertainment licences for MacMoray, Speyfest
25yr anniversary,  Gordon Castle Highland Games , Moray Pride, Rotary Rotafest and
community coronation celebrations, Buckie Xmas Kracker and numerous smaller
events 
- Worked with the Elgin BID and Showmen’s Guild on reducing Fly Posting issues
across Moray Towns
- Promoted use of local vendors at Events through additional information on Templates
and Guidance notes
- Partnered  with Police, BID and local groups to ensure public safety during 
demonstrations in Elgin Town Centre throughout the year
- Dealt with Late Hours Catering complaints and objections 
- Arranged and Provided an Event Safety Plan seminar for Event Organisers to assist
them in understanding the detail required when completing a Public Entertainment
Licence application. This involved all partners and consultees in the PEL process
presenting and being available to organisers for questions.
- Created new organiser guidance for Bonfire / Fireworks Display events in partnership
with SFRS
- Participated in 2 joint Taxi inspection operations with Police Scotland and VOSA 
- Implemented the new HMRC tax code requirement for various licence types  
- Worked with Emergency Planning to keep event organisers updated to potential
upcoming legislation changes with Martyn’s Law
- Participated in the North East Civic Licensing Group meetings to share information and
best practice between Civic Licensing Standards Officers across the North of Scotland 
- Investigated reports of unlicensed Short Term Let premises when reported by the
public.
- Completes the GDPR checks on the Short Term Let public register regularly  before
publication
- Attended meetings with the Lossiemouth Development Trust, Moray Association of
Village Halls, Elgin Bid, Elgin Rotary and other volunteer groups to assist in explaining
licensing requirements and offer assistance in completing required applications.
- Processed all Civic Licence applications and renewals within the required 28
consultation periods 
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7 
Applications Received
Count of REFVAL Year     
Licence Type 2019 2020 2021 2022 To
31/3/2023
1/4/23 to 
31/3/24
Grand Total
Animal Boarding 14 8 8 17 12 35 94
Animal Breeding - 1 Year 0  0  0  1  0 1 2
Animal Rehoming - 1 Year  0  0  0 0  1 0 1
Animal Rehoming - 3 Years  0  0  0  0 1 0 1
Animal Welfare Establishment - 1
Year 
0  0  0 1  0 1 2
Cinema  0 2  0 3 1 1 7
Dangerous Wild Animals  0  0 1 2 1 1 5
Dog Breeding 3 2 2 3  0 0 10
HMO Licence 11 11 6 12 4 8 52
Knife Dealers  0  0 1  0  0 0 1
Late Hours Catering 6 8 6 5  0 10 35
Market Operators – Full 1 2 1 3 2 11 20
Market Operators – Temp 2 1  0 1  0 1 5
Metal Dealer Licence  0 1  0 2  0 1 4
Pet Shops 3 2 2 1  0 0 8
Private Hire Driver 4 1 6 5 2 5 23
Private Hire Operator 10 8 6 11 1 9 45
Public Charitable Collections 28 11 13 33 5 24 114
Public Entertainment - 1 Year 4 1 1 2 2 6 16
Public Entertainment - 3 Years 13 3 5 22 2 10 55
Public Entertainment – Temporary 14 3 2 10 3 9 41
Riding Establishments  0  0 1 3  0 5 9
Sale of Pet Animals - 2 Years  0  0  0 2  0 0 2
Second Hand Dealer 16 30 26 29 8 26 135
Short-term Lets - Home Letting  0  0  0 2 5 64 71
Short-term Lets - Home
Letting/Sharing 
0  0  0  0 1 34 35
Short-term Lets - Home Sharing  0  0  0 1 1 35 37
Short-term Lets - Secondary Letting  0  0  0 20 42 506 568
Skin Piercing and Tattooing 8 6 17 18 5 17 71
Small Lotteries 13 11 8 14 8 16 70
Street Trader 17 23 35 29 15 37 156
Taxi Booking Office  0  0 3 1 0  0 4
Taxi Driver 48 77 79 90 11 76 381
Taxi Operator 21 61 43 52 18 75 270
Venison Dealer 2 1 5 1 1 2 12
Window Cleaners 2 19 24 9 11 14 79
Grand Total 139 227 235 273 126 1040 2040
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8 
Licences Issued
Count of REFVAL Year     
Row Labels 2019 2020 2021 2022 To
31/3/2023
1/4/23 to
31/3/24
Grand Total
Animal Boarding 8 10 5 6 22 30 81
Animal Welfare Establishments 0 0 0 0 0 1 1
Cinema 1 2  0 1 2 2 8
Dangerous Wild Animals 0   0  0 2  0 0 2
Dog Breeding 3 0  2 1 1 1 8
HMO Licence 5 9 9 3 5 10 41
Knife Dealers  0  0 1 0   0 0 1
Late Hours Catering 5 7 6 4 1 10 33
Market Operators – Full 1 1 1 2 1 8 14
Market Operators – Temp 2  0 0  1  0 2 5
Metal Dealer Licence  0 1  0 2  0 1 4
Pet Shops 3 2 2 3  0 0 10
Private Hire Driver 2 2 4 6  0 2 16
Private Hire Operator 7 2 10 9  0 8 36
Public Charitable Collections 27 10 11 32 4 23 107
Public Entertainment - 1 Year 4 1 1 2 2 2 12
Public Entertainment - 3 Years 13  0 4 21 2 11 51
Public Entertainment – Temporary 14 1 1 12 1 6 35
Riding Establishments 2  0  0 2 2 3 9
Second Hand Dealer 16 31 27 28 6 25 133
Short-term Lets - Home Letting      8 8
Short-term Lets - Home
Letting/Sharing     
4 4
Short-term Lets - Home Sharing  0  0  0  0 1 5 6
Short-term Lets - Secondary Letting  0  0  0  0 16 164 180
Skin Piercing and Tatooing 6 4 18 17 5 16 66
Small Lotteries 14 7 12 13 6 11 63
Street Trader 14 17 35 28 12 36 142
Taxi Booking Office 1  0 2 2  0 0 5
Taxi Driver 44 59 92 85 11 72 363
Taxi Operator 19 20 82 48 17 73 259
Venison Dealer 1  0 5 1  0 3 10
Window Cleaners 4 12 30 9 9 17 81
Grand Total 202 191 348 327 120 554 1742 
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ITEM: 
PAGE: 
REPORT TO:    LICENSING COMMITTEE 19 JUNE 2024 
SUBJECT: CIVIC GOVERNMENT LICENSING ANNUAL REVIEW OF
INCOME AND EXPENDITURE 
BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES
AND ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 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 financial 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. Recommendations 
It is recommended that the Committee:- 
2.1 Note the current fees attached at Appendix 1; 
2.2 Note the financial report on income and expenditure data at Appendix 2; 
2.3 Agree to publish the financial report; 
2.4 Note that a full review of licence fees set by the Committee is underway
and will come back to Committee for review in due course. 
3. BACKGROUND 
Current Fees 
3.1 The Civic Government (S) Act 1982 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 Acts. 
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3.2 The current set of fees is attached at Appendix 1. The current fees were
agreed by the Committee in 2017 and have since been the subject of annual
inflationary increases. 
3.3 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. 
3.4 The current fee scale is due for a full review and a review process has started
but is not yet ready for review by the Committee. Staff shortages and a
demanding workload, particularly in relation to short term lets have contributed
to the delays. The full review is a very onerous process. Calculations are
made more difficult by the fact that income and expenditure cannot be
aggregated across all licence types. For example it is not possible to make
street trading fees more expensive in order to reduce taxi driver fees. A report
will be brought before the Committee as soon as time allows. 
3.5 A similar review of licensing income and expenditure has been undertaken in
the past by way of an annual check, pending full review. This report is
therefore presented as an interim measure to keep the Committee up to date
on overall income versus expenditure. 
3.6 Most civic and similar licence types last for three years so income is received
in cycles. This is a further reason why calculations prove difficult as
application numbers and income must be aggregated over the previous three
years. Within this period figures still remain skewed by the influence of the
pandemic.  
4. FINANCIAL REPORT ON INCOME AND EXPENDITURE 
4.1 With the assistance of officers in the Finance service, officers have now
collated income and expenditure figures for the financial year 1 April 2023 to
31 March 2024. 
4.2 The figures and calculations are summarised at Appendix 2. 
4.3 The figures reveal the following indications: 
4.3.1 There was a notional next expenditure of £1070.48 for the last financial
year. 
4.3.2 Income and expenditure within civic and other licensing can fluctuate,
very much depending on the number and nature of application types in
any given year. As stated above most licence types last three years
and income is received in cycles. 
4.3.3 Owing to the cyclic nature of income, two thirds of the income from
short term let licence applications has been written forward to even out
the figures. All short term let licence applications have been received in
the current financial year. However the sheer number of applications in
one year would present un unnatural position.
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Publication of the Financial Report 
4.4 Whilst there is no legal requirement to publish reports on both functions and
finances, it is considered to be open and equitable to do so.  
4.5 A separate report is being submitted relating to the required functions
including details of the licensing applications processed. 
4.6 The Committee is asked to note and agree to publication of this financial
report on the Council’s web pages. 
5. Future Fees 
5.1 As stated this report presents a snapshot position for the financial year 2023
to 2024 whilst a full fee review is being undertaken. 
5.2 The overarching legal requirement is for the licensing authority to have regard
to the desirability of ensuring that the total fees payable in respect of any
given period are likely to be broadly equivalent to the expenses incurred by
that authority.  
5.3 The current net expenditure is equivalent to 0.46% of the overall income. Fee
setting is not an exact science but it is therefore considered that income is
broadly equivalent to expenditure for this period. 
5.4 In respect of any review it should be noted that where, in accordance with
legislation, fees are set by the Committee there is no requirement to consult
upon those fees before any variation is brought into effect. Nevertheless there
will always be pressure from the licensed trade not to place any increased
financial burden on them. 
6 SUMMARY OF IMPLICATIONS 
(a) Moray 2026 A Plan for the Future/ Service Plan 
The provisions of licensing directly relate to the priorities within the 10
Year Plan in relation to healthier citizens, a growing and diverse
economy and safer communities. Various licences help with the four
main priority areas of developing a diverse, inclusive and sustainable
economy, building a better future for children and young people in
Moray, empowering and connecting communities and improving the
wellbeing of the population. Regulation of the licensable activities
contributes to a safer community and promotes confidence in
businesses. 
(b) Policy and Legal 
Policy and Legal implications have been explained above. 
(c) Financial implications 
Financial implications relating to fee levels have been explained above. 
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(d) Risk Implications 
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. 
(e) Staffing Implications 
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. 
(f) Property 
None. 
(g) Equalities 
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. 
(h) Consultations 
As far as possible, the figures within this report have been prepared in
consultation with Alistair Milne, Accountant within the Council’s Finance
Service. 
7 Conclusion 
7.1 It is proposed that the Committee note the contents of this report and
agree to publication of this financial report on the Council’s web pages. 
Author of Report: Sean Hoath, Senior Solicitor, Depute Clerk to the Board
Background Papers:  
Ref:   SH 
Signature:        
Designation: Head of Governance Strategy and Performance, 
Name:  Alasdair McEachan 
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Appendix 1
Moray Licensing Committee
Current Fees 
Animal Licence Fees Fee Additional Fees
Animal Boarding Establishment (Licence
Application/renewal/change)
£138 Vet fees variable, chargeable per hour*
Animal Welfare Establishment (Licence
Application/renewal/change)
£243 Vet fees variable, chargeable per hour*
Animal Rehoming Activities £210 Vet fees variable, chargeable per
Breeding of dogs, cats and rabbits (Licence
Application/renewal/change)
£194 Vet fees variable, chargeable per hour*
Dangerous Wild Animals Licence (Licence
Application/renewal/change)
£301 Vet fees variable, chargeable per hour*
Riding Establishments Act 1964/70 (Licence
Application/renewal/change)
£437 Vet fees variable, chargeable per hour*
Sale of Pet Animals (Licence Application/renewal) £237 Vet fees variable, chargeable per hour*
Performing Animals Licence (Licence
Application/renewal/change)
£116  
Zoo Licence (Licence Application/renewal/change) £349 Vet fees variable, chargeable per hour*
*Fees are chargeable per hour and must be paid before any licence is issued. 
Business Related Licence Fees 
Copy of a Licence £23
Food Premises Approval n/a
Food Premises Registration n/a
Itinerant Metal Dealer Licence: £722
Exemption warrant: £722
Knife Dealer £764
Late Hours Catering Licence: £1006
Renewal: £1006
Market Operator Licence: £472
Temporary licence: £472
Metal Dealer Licence: £722
Exemption warrant: £722
Public Charitable Collection n/a
Second Hand Dealer £154
Sexual Entertainment Venue new licence £1617
Sexual Entertainment Venue licence grant fee TBD
Sexual Entertainment Venue licence renewal £1617
Sexual Entertainment Venue licence variation £539
Sexual Entertainment Venue licence transfer £297
Sexual Entertainment Venue issue duplicate licence £43
Sex Shop £1,350
Skin Piercing and Tattooing £416
Street Trader £416
Variation of any Licence £30
Venison Dealer £56
Window Cleaner £164
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Entertainment Licence Fees 
Cinema £175
Public Entertainment   50% fee for
registered charity
75% of fee for charity event
by a non-registered body
Under 200 attendees £333 £166.50 £249.75
200-299 attendees £416 £208 £312.00
300-399 attendees £542 £271 £406.40
400-499 attendees £709 £354.50 £531.75
Over 500 attendees £1467 £733.50 £1100.25 
Copy of a licence £23
Variation to a licence £30 
HMO Licence Fees 
House in Multiple Occupation (HMO)
5 occupants or under: £1,903
10 occupants or under: £2,719
over 10 occupants: £3,536
Change of circumstance: £275 
Short Term Let Licence Fees 
Short-term Let Licence/renewal (new or existing
operator) £495
Temporary Short-term Let Licence £495
Copy of a Short-term Let licence £22
Variation to a Short-term Let Licence £28
Inspection of Short-term Let premises £200 
Taxi Licence Fees 
Copy of a Licence £23
Replacement Badge £23
Taxi Booking Office (4 or more cars) £544
Taxi/Private Hire - Driver Grant £257
Taxi/Private Hire - Driver Renewal £208
Taxi/Private Hire - Vehicle (Operator) £446
Variation of any Taxi/Private Hire Licence £30
Licence Plates £23 non-refundable
Vehicle Substitution £373
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Appendix 2 Civic Licensing Income and Expenditure
Description Actual to Date
Employee Costs
SJC 1163.32
TOTAL: Salaries 1163.32
National Insurance 133.77
Employee Costs Allocation 22937.44
TOTAL: Other Costs 23071.21
Employee Costs           Total 24234.53
Running Total            ----- 24234.53
TOTAL EMPLOYEE COSTS 24234.53
Running Total            ----- 24234.53
Property Costs
Running Total            ----- 24234.53
Supplies and Services
Equipment & Furniture 0.00
Software licences, maintenance 3534.74
Text & Library Books 57.39
Printing and Stationery 0.00
Postages 9.60
Other Supplies and Services 0.00
Fees, charges and subs 0.00
Conference Expenses 305.00
Supplies and Services    Total 3906.73
Running Total            ----- 28141.26
Transport & Plant Costs
Vehicle Running Costs 2616.90
Transport & Plant Costs  Total 2616.90
Running Total            ----- 30758.16
Support Services
Apportioned Costs 201648.07
Support Services         Total 201648.07
Running Total            ----- 232406.23
Income
Income from Service Users -231335.75
TOTAL: Other Income -231335.75
Income                   Total -231335.75
Running Total            ----- 1060.48
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Description Actual to Date
Totals:- -231345.75
Game Dealers, Cinemas -272.00
Metal Dealing -1807.00
Late Hours Catering -8578.00
Second Hand Dealing -3195.00
Animal Boarding Act -4192.00
Riding Estabs Act -185.54
Street Traders Licences -13923.00
Window Cleaners Licences -2170.00
HMO Licences (multiple occup) -12306.00
Market Operators Licences -5364.00
Public Entertainment Licence -12496.25
Animal Licences -285.00
Skin Piercing/Tattooing -5543.00
Civic Short Term Let Licence -106453.96
Taxis -26250.00
Private Car Hires -3747.00
Taxis Drivers -23238.00
Drivers Private Car Hires -908.00
Licence Plates -422.00
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TOTAL EXPENDITURE 232,406.23
TOTAL INCOME -231,335.75
NET EXPENDITURE 1,070.48
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REPORT TO: LICENSING COMMITTEE ON 19 JUNE 2024 
SUBJECT: CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF
SHORT-TERM LETS) ORDER 2022 – APPLICATION FOR GRANT
OF A SHORT-TERM LET LICENCE (CASE NO. STL/24/001) 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To consider an application for the grant of a short-term let licence received on
4 August 2023 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 applications for all licences in terms of the
Civic Government (Scotland) Act 1982. 
2. RECOMMENDATION 
2.1 The Committee is invited to consider the application in light of the matters
referred to in this report and the provisions of the Civic Government
(Scotland) Act 1982 and Civic Government (Scotland) Act 1982 (Licensing
of Short-term Lets) Order 2022 and thereafter:- 
(i) Grant the licence; or 
(ii) Grant the licence and (either or both): 
(a) Disapply or vary any standard conditions applicable to the
licence; and/or
(b) Impose conditions in addition to any mandatory or standard
conditions to which the licence is subject; or 
(iii) Refuse to grant the licence. 
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3. BACKGROUND 
3.1 The licensing authority must reach a final decision on each application from
“new hosts” within 9 months of it having been made.  “New hosts” are those
operators who were not using their premises for short-term letting before 1
October 2022. The application was deemed valid on 13 November 2023
therefore, as an application from a “new host” it must be decided by 13 August
2024.   
3.2 Powers are delegated to the Head of Governance, Strategy and Performance
to grant or where appropriate, renew licences only if there are no objections or
adverse representations received from a consultee or the general public.  In
light of circumstances detailed within this report, it is appropriate that this matter
be dealt with by the Licensing Committee.   
3.3 A copy of the application is provided at Appendix 1.   
3.4 A letter of objection was received on 8 December 2023 and is provided at
Appendix 2.  The objection was received within the statutory consultation
period.   
3.5 An email of objection was received on 18 December 2023 and is provided at
Appendix 3. The objection was received within the statutory consultation
period. 
3.6 Licensing Standards Officer, Joanne Larsen, carried out mediation among the
parties.  Proposed additional licence conditions aimed to resolve issues raised
by the objectors have been accepted by the applicant however the objections
have not subsequently been withdrawn.  A copy of the view expressed by the
Licensing Standards Officer is provided at Appendix 4. 
3.7 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.   
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)) 
The provisions of licensing directly relate to the priorities within the 10
Year Plan (Moray 2026) in relation to a growing and diverse economy
and safer and healthier communities.  The various licensable activities
within industry all aid a growing economy in terms of production, retail
and the positive effects on tourism.  Regulation of the licensed activities
contributes to a safer community by ensuring those providing licensable
goods and services are fit to do so. 
(b) Policy and Legal 
Under the Civic Government (Scotland) Act 1982 (Licensing of Short-term
Lets) Order 2022 (“2022 Order”) and the Civic Government (Scotland) Act
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1982 (“1982 Act”) where an application for the grant or renewal of a licence
is received, a licensing authority can:- 
• grant (or renew) the licence; or 
• grant (or renew) a licence and in doing so disapply or vary any
standard conditions applicable to the licence; or (failing which)
• grant (or renew) a licence and impose additional conditions to the
licence; or (failing which)
• refuse to grant (or renew) the licence. 
Considerations to which the Committee may have regard 
In considering whether or not to grant a licensing application, the
Committee may have regard to any misconduct on the part of the
applicant which in its opinion has a bearing on 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 the licence unconditionally
unless it considers that any of the criteria below apply to justify granting
it with conditions or refusing it altogether.  In granting the application the
Committee may choose to grant a licence and disapply or vary any of
the standard conditions (i.e. local conditions agreed by the licensing
authority) which ordinarily apply to the licence, if there is a justifiable
reason for doing so. 
Where the Committee is not minded to grant the application
unconditionally, it should first move to consider whether the application
should be granted with additional conditions.  Additional conditions may
include conditions restricting the licensable activity, for example
restricting the activity to certain times 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 premises may be used for secondary letting 
(Paragraph 5 (2) and 5(2B) 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:- 
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(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;- 
(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) (the 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. 
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(c) Financial implications 
None. 
(d) Risk Implications 
None. 
(e) Staffing Implications 
None. 
(f) Property 
None. 
(g) Equalities/Socio Economic Impact 
In considering this matter the Committee should have regard to the
subject’s rights under the European Convention on Human Rights (and
the Human Rights Act 1998). 
In particular: 
Article 8 - access to private and sensitive information about the person
could give rise to interference with the subject’s right to respect for
private and family life. 
Article 1 of Protocol 1 - the decision may also interfere with the right to
property, in that, depending on the outcome, the decision may deprive
the subject of income. 
Article 6 - the right to a fair trial means the proceedings must be 
conducted fairly to arrive at a reasoned decision. 
Article 8 and Article 1 of Protocol 1 are qualified rights, meaning these
can be restricted in order to protect the rights of another or the wider
public interest. This will require an objective justification. To be able to
objectively justify a decision, the Committee has to demonstrate that any
decision is a proportionate means to achieve a legitimate aim. 
A legitimate aim must be a real consideration that is legal and not
discriminatory. 
Examples of legitimate aims include: Public health; Public safety;
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 than the protected
characteristics under the Equality Act 2010. The Committee should
therefore have regard to all the applicant’s circumstances.
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(h) Climate Change and Biodiversity Impacts 
None identified. 
(i) Consultations 
The Chief Constable and the Scottish Fire and Rescue Service have been
consulted in terms of the 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.   
5. CONCLUSION 
5.1 That the Committee considers the recommendations set out in section 2
of the report. 
Author of Report: Jennifer Smith, Solicitor
Background Papers: There are no background papers
Ref: JS/SAH 
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Item 8
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Short Term Lets Licence Applications
Moray Council
High Street
Elgin
IV30 1BX 
8th December 2023
Objection to Short Term Licence Application by Mrs Bresilda Haka 1 Woodside
Calcots Road Elgin IV30 8BW
Dear Sirs
My wife Kay and I who live at 4 Woodside Calcots Road Elgin IV30 8BW wish to
object to the above application. The property involved is part of a quadrangle
involving 5 adjoining properties. Our main objection is based on the fact that on
the Scottish Government’s website one of the competent grounds for objection
is that the application runs contrary to other legal or contractual requirements.
In the missives (copy attached) for all 5 of the properties it is clearly stated under
the Burdens section at No 3, Each dwelling house shall be used for residential
purposes only and not for any business or commercial purpose.
Running the house as an Air B&B where you are no longer resident would
obviously be changing the house from a residence to a business.
In addition in the missives for the properties there is communal parking
provision for all 5 properties and the additional visitors (up to 5 cars if there are
5 rooms let out) will make this more awkward and put the parking capacity under
strain as well as adding to the wear and tear of the lockblock area which is
communal. There is a safety concern that the parking area is used by children as
a play area and all the residents are aware of this but visitors would not be. The
house is going to be let in total so there will be no control on up to 10 residents
and there must be a possibility of noise late in the evening of visitors arriving or
having parties. We have already had an instance of visitors trying to get keys
from a keybox at No 2 late at night.
The house at No 5 has been operating as an Air B&B for the last two years and
because the five houses are adjoining and look the same visitors assume that
the whole development is a holiday complex and look for keys, come into
gardens and park awkwardly for residents needing access.
Finally there is a danger that if one house is granted a licence in contravention 
of the missives that others will follow and what is a quiet residential
development will become a holiday complex. 
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We also note that the display of the public notice although attached to the house
cannot be read without entering the garden. 
Yours sincerely
Jim and Kay Gibson 
21/06/2023, 13:15 Title Information for MOR12476 - ScotLlS - Registers of Scotland conditions in
this Deed of Conditions are expressly stated to apply.
2.3 Variation and Discharge of community burdens
A community burden may be varied or discharged by a deed of variation or discharge under
Section 33 of the Title Conditions (Scotland) Act 2003 granted:
2.3.1 by or on behalf of the Owners of at least 3 of the Plots,
2.4 Lands Tribunal applications
No application may be made to the Lands Tribunal for Scotland under sections 90(1)(a)(i)
and 91(1) of the Title Conditions (Scotland) Act 2003 in respect of the community burdens
and servitudes created in this Deed for a period of five years after the date of registration
of this Deed of Conditions in the Land Register of Scotland.
3 Each Dwellinghouse shall be used for residential purposes only and not for any
business or commercial purpose.
4 The Owner of each Plot will be responsible for the whole cost of maintaining any boundary
fences or walls which do not separate the Plot from another Plot on the Development and for a
one-half share of the cost of maintaining any Mutual Property.
5 Where any items of property are in common ownership or are used by more than
one Plot such property and the Development Common Parts shall be maintained at the
joint expense of all Plots having an interest therein in equal shares counting one share for
each Plot unless provision for a different proportion is made in the Disposition of that Plot
or in this Deed of Conditions.
6 No building or structure shall be erected over the line of any sewer, drain or water pipe
without the prior written consent of the parties using the same.
7 The Pend shall be maintained by the Owners of Plots 2, 3 and 4, Plot 2 bearing a 25%
share, Plot 3 a 50% share and Plot 4 a 25% share but for the avoidance of doubt the
dwellinghouse situated above the Plot shall be maintained at the sole cost of the Owner of
Plot 3.
8 Servitudes
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The rights in this Condition are servitudes imposed on the relevant burdened properties in favour
of the relevant benefited properties
8.1 Community Servitudes
8.1.1 For the purposes of this Condition 8.1:
(i) the burdened property is the Development, and (ii)
each Plot is a benefited property.
10 of 17
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From: Gregor Lawson <Gregor.Lawson@moray.gov.uk>
Sent: 18 Dec 2023 09:44:49
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 101003448500
Attachments: 
Dear Sirs, 
I am writing for the second time to ask that the license for 1 Woodside is NOT granted. 
The new owners have tried to circumvent their need to give notice by placing their latest notice at the side of the building. We     
have also been threatened that should the license fail, the house will be filled by undesirables on long-term let. This reaction to our 
right to object concerns me as to the type of landlord they are likely to make. 
My objections can be summerised ; 
• My main objection lies in the missives for ALL properties in Woodside which clearly state that they are residential only and
should not be used for business purposes. Depending on your decision I have every intention of taking legal action to have
the missives upheld
• No5 Woodside has and still is as far as I know already causing disruption by running an Air B&B,
and a Motorhome hire service. (for which I would also like the chance to object) 
• Woodside is serviced by a single-track road and is ill equipped to handle additional traffic.
• We already have had strangers chapping our doors at night. wandering into our gardens and seeking keys for No5. None of
us want this disruption to double in the future.
• we have a communal courtyard; this let could lead to excess cars and wear and tear on the surface as well as access issues,
already experienced when No 5 is busy.    
Essentially, we are in a semi-rural steading already suffering with the end terrace operating two businesses, No1 is the other
end terrace and will disrupt our home living in the same way. I assume the license system was set up to allow residents the 
opportunity to have their say and protect our rights to live without disruption. More so when we felt protected by legal missives. 
Does the license committee have the right to dismiss the legal contracts already in place for these residences? 
I urge that this disruption and threat to our home life is halted and Woodside gets returned to its initial residential use. It cant be 
right that anyone can purchase and seek commercial use of any residential dwelling whilst going against the missives and   
disrupting the lives of their neighbours. 
Yours
Faithfully,                      
Tom Syme  
3 Woodside, Calcots Road 
contracts attached to each 
I should note that there were no attachments included in this email, despite him noting at the bottom.
Hope this helps, let me know if you need anything else.
Thanks, 
Emily Garrow | Business Support Officer (Customer Services) | Governance, Strategy & Performance
customer.services.support@moray.gov.uk | website | facebook | twitter | instagram | news
01343 563076 
Item 8
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From: Gregor Lawson <Gregor.Lawson@moray.gov.uk>
Sent: 13 December 2023 13:18
To: Customer Services Support Team <Customer.Services.Support@moray.gov.uk>
Subject: 101003448500 
Hello 
Could the email that was received from Mr Syme regarding the above case please be forwarded to
me? Thanks
Gregor Lawson| Clerical Assistant/WPO| Governance, Strategy &
Performance gregor.lawson@moray.gov.uk | website | facebook | twitter |
instagram | news
01343 563879 
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LSO – Joanne Larsen Mediation re: STL  1 Woodside, Calcots Road
On May 20th 2024 15:30 I met with
Mr James and Mrs Kay Gibson - 4 Woodside, Calcots Road, Elgin
Paula Campbell – 2 Woodside, Calcots Road, Elgin
In addition, I had confirmation from Mr Tom Syme that he was “happy for my neighbours to
state our case and feel they will cover any objections I may raise”.
The intention of the meeting was a mediation session to address the competent objections
made against the Short Term Let licence for 1 Woodside, Calcots Road, Elgin.
The mediation session resulted in the proposed solutions listed below:
1 – Each property has 2 parking bays per dwelling, please ensure the bays to 1 Woodside
are clearly marked and that all bookings are advised that they are to park only within these
bays. You must inform all guests that any additional cars must not cause a nuisance or block
access to any other properties or garages within Woodside, Calcots Road.
2 – You must provide clear instructions, photographs and directions to the Key Lock Box,
(we suggest differentiating the box via a colour from those at neighbouring properties) to
ensure that no guest attempts entry of the incorrect box or disturbs any resident on
Woodside, Calcots Road for assistance.
3 – You must provide a contact number for guests to use, should they have difficulty
locating the lock box or entering the property to prevent them disturbing any other property
within Woodside, Calcots Road for assistance.
4 – You must advise all guests that Woodside, Calcots Road is a residential area and to be
respectful of residents at all times.
5 – Any advertisement of the property for letting, should state that bookings from Hen or
Stag parties would not be accepted. 
6 – Residents of Woodside should be provided with the ability to contact the owners of no 1
in the event of any disturbance. 
7 – Refuse bins will be kept within the property and the courtyard area kept clear and well
maintained.
These proposals were sent to the Applicant, Mrs Bresilda Haka on May 22nd 2024 for
consideration and she confirmed acceptance of them all, by return email on May 23rd 2024.
An excerpt of her acceptance email is below for reference:
Thank you so much for reaching me today regarding my license for 1 Woodside Calcots
Road. 
I really appreciate your help and support and I am really glad to accept all the conditions
you have proposed for me. 
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LSO – Joanne Larsen  Mediation re: STL  1 Woodside, Calcots Road 
It is not my intention to bother anyone or cause problems in Woodside and I would accept
any condition so in that way no one there would be affected by my operation as short term
let. 
It is my opinion that the suggested solutions are reasonable and pragmatic and
if incorporated as conditions into any subsequent issued short-term let licence would
mitigate disturbance of the neighbours to 1 Woodside. 
Joanne Larsen
Licensing Standards Officer 
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