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Licensing Board Thursday, 13 June 2019

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Licensing Board Thursday, 13 June 2019 Licensing Board Thursday, 13 June 2019 NOTICE IS HEREBY GIVEN that a Meeting of the Licensing Board is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Thursday, 13 June 2019 at 10:00. BUSINESS 1. Sederunt 2. Minute of 4 April 2019 5 - 8 3. Application List 9 - 18 4. LSA05 personal Licence Application Report. doc 19 - 22 5. Annual Functions Report 23 - 46 6. Annual Review of Fees Report 47 - 56 7. Scottish Government Occasional Licence Consultation 57 - 76 Report 8. Social Responsibility - verbal update 9. Review of Suspension for Non Payment of Annual Fees Any person attending the meeting who requires access assistance should contact customer services on 01343 563217 in advance of the meeting. Page 1 Page 2 GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. *** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than ten minutes after the Committee has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days. Clerk Name: Alasdair McEachan Clerk Telephone: 01343 563080 Clerk Email: [email protected] Page 3 THE MORAY COUNCIL Licensing Board SEDERUNT Councillor Gordon Cowie (Chair) Councillor James Allan (Member) Councillor David Bremner (Member) Councillor Frank Brown (Member) Councillor Paula Coy (Member) Councillor Ryan Edwards (Member) Councillor Louise Laing (Member) Councillor Maria McLean (Member) Councillor Amy Taylor (Member) Clerk Name: Alasdair McEachan Clerk Telephone: 01343 563080 Clerk Email: [email protected] Page 4 Item 2. ITEM: PAGE: THE MORAY LICENSING BOARD MINUTE OF THE MEETING OF THE MORAY LICENSING BOARD The Moray Council Chambers, Council Headquarters, High Street, Elgin on Thursday 4 April 2019 1. SEDERUNT PRESENT Councillors: J Allan G Cowie P Coy R Edwards L Laing A Patience APOLOGIES Apologies were intimated on behalf of Councillors Bremner, Brown and McLean IN ATTENDANCE Sean Hoath, Depute Clerk to the Licensing Board Page 5 ITEM: PAGE: 2. PRIOR MINUTES (i) The Minutes of the Meeting held on 7 February 2019 were submitted and approved There were no declarations of interest. 3. APPLICATIONS (i) Major Variation – Baxters Highland Village The Applicant was represented by Mr A Tough. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. (ii) Major Variation – The Speyside Whisky Shop The Applicant was represented by Mr R Anderson of Messrs Grigor and Young, solicitors. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. (iii) Major Variation – Scribbles Pizza House The Applicant was represented by Ms F Holding. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. (iv) Major Variation – Zed Bar Joannas Downtown USA Page 6 ITEM: PAGE: The Applicant was represented by Mr R Anderson of Messrs Grigor and Young, solicitors. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. (v) Major Variation – Johnstons of Elgin The Applicant was represented by Mr R Anderson of Messrs Grigor and Young, solicitors. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. (vi) New Provisional Licence – Glenallachie Distillery The Applicant was represented by Mr R Beattie. The Depute Clerk introduced the application and advised that all the paperwork was in order and that no objections or representations had been received. The granting of the application was proposed and there being no-one otherwise minded it was agreed to grant the application. 4. Licensing (Scotland) Act 2005 – Application for Personal Licence There was a report to the Board confirming that the Chief Constable had objected to an application for a personal licence case number 1 of 2019. The Board was obliged to hold a hearing to consider and determine the personal licence application. The applicant was present to represent himself and was accompanied. The Chief Constable’s representative was present. The Board heard from the parties and the parties responded to questions. After consideration of all the evidence Cllr Edwards proposed granting the licence. The motion was seconded by Cllr Allan. Cllr Coy, seconded by Cllr Laing, proposed an amendment that in considering a ground for refusal existed in that the applicant was not a fit and proper person to be a personal licence holder having regard to the licensing objectives, the licence must be refused. The vote was split with three votes each for the motion and the amendment. The deciding vote rested with the Convenor, who voted for the amendment. So the finding of the Board was that a ground for refusal existed and therefore the Board was obliged to refuse the application. Page 7 Page 8 Item 3. MORAY LICENSING BOARD MEETING, 13 June 2019 at 10:00am in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Type Premises Applicant Date received Comments New Premises Town Hall, Elgin Donald Squair 25 October 2018 New premises application from Community Group took over ownership of Town Hall, want to sell alcohol at events being held at TownHall. Paperwork in order No objecitons or representations New Premises Seafield Hotel, Cullen Charles Milne 20 March 2019 New premises application hotel lounge bar has been extended. Paperwork in order No objections or representations New Premises Speyside Whisky Darren Robertson New premises application for alcohol to be Auctions sold on an online platform through a Whisky Auction website. Auctions to be held on a monthly basis. Paperwork in order No objections or representations New Premises Spey Valley Brewery Melanie Newbould New Premises application new brewery open to the public for tours and tasting. Paperwork outstanding No objections or representations New Premises Time Restaurant Michael Coull 10/04/2019 New premises application Cocktail bar and restaurant. Paperwork in order 1 objection received from neighbour Major Variation & Diceys Phyllis McGettrick 08/04/2019 Major Variation & Transfer application to Transfer transfer licence to A McGetttrick and become designated PM. Application seeking to remove curfew attached to the licence and extend on-sales hours. Page 9 MORAY LICENSING BOARD MEETING, 13 June 2019 at 10:00am in Council Chambers, Council Headquarters, High Street, Elgin, IV30 1BX Licensing (Scotland) Act 2005 Paperwork satisfactory No objections or reprentations Major Variation Gordon Castle Dyanne Hull 11 April 2019 Major Variation to inculed all of the Walled Garden is covered to sell Both off and On Sales between core opening hours and special events.
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