Meeting Details

Meeting Summary
Licensing Committee
30 Sep 2020 - 09:30 to 12:45
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Public Items
1. Sederunt
2. Declaration of Group Decisions and Members Interests *
2.

In terms of Standing Order 20 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.

 

 

  1. pdf Application for Late Hours Catering Licence - LHC-20-001 - Appendix 1 - Private
  2. pdf Application for Late Hours Catering Licence - LHC-20-001 - Appendix 2 - Private
  3. pdf Application for Late Hours Catering Licence - LHC-20-001 - Appendix 3 - Private
3.

A report by the Depute Chief Executive (Education, Communities and Organisational Development) asked Committee to consider an application for the granting of a later hours catering licence received on 3 February 2020 subject to adverse representations from local residents.

 

Councillor Cowie left the meeting during the discussion of this item.

 

During the consideration of the item, Councillor Alexander moved to refuse the application on the grounds of location and public nuisance and for the opening hours to be kept at 4pm - 11pm 7 days per week.  This was seconded by Councillor Gatt.

 

Councillor Aaron McLean proposed, seconded by Councillor Coy to support the application to extend the opening hours Monday - Thursday 4pm - 12am, Friday - Saturday 4pm - 1.30am with the exception of Keith Show day extended until 2.30am.

 

On the division there voted:

 

For the Motion (3)  Councillors Alexander, Gatt and Allan
   
 For the Amendment (7)  Councillors A McLean, Coy, Bremner, Coull, Edwards, Divers and Nicol
   
 Abstention (0)  

 

Accordingly the amendment became the finding of the meeting and the Committee agreed to grant the late hours catering licence.

 


  1. pdf Application for Late Hours Catering Licence - LHC-20-002 - Appendix 1 - Private
  2. pdf Application for Late Hours Catering Licence - LHC-20-002 - Appendix 2 - Private
4.

The Senior Solicitor informed the Committee that this application had been withdrawn and the licence will be granted under delegated authority following the applicants agreement to accept the Police Scotland recommendations.

 

 

5.

A report by the Depute Chief Executive (Education, Communities and Organisational Development) updated the Committee on the overall income versus expenditure for Civic Government and other miscellaneous licensing for the last financial year by way of an annual financial report and make predictions in respect of likely future income and expenditure.

 

Following consideration the Committee agreed to consider and note:

 

i) the financial report on income and expenditure data at Appendix 1; and
   
ii) the position on future fees and the planned revision of the same.

 

 


  1. pdf Sex Entertainment Venues Report - Appendix 1 (165Kb)
  2. pdf Sex Entertainment Venues Report - Appendix 2 (769Kb)
  3. pdf Sex Entertainment Venues Report - Appendix 3 (172Kb)
  4. pdf Sex Entertainment Venues Report - Appendix 4 (499Kb)
  5. pdf Sex Entertainment Venues Report - Appendix 5 (400Kb)
  6. pdf Sex Entertainment Venues Report - Appendix 6 (562Kb)
  7. pdf Sex Entertainment Venues Report - Appendix 7 (1258Kb)
  8. pdf Sex Entertainment Venues Report - Appendix 8 (880Kb)
  9. pdf Sex Entertainment Venues Report - Appendix 9 (668Kb)
  10. pdf Sex Entertainment Venues Report - Appendix 10 (441Kb)
  11. pdf Sex Entertainment Venues Report - Appendix 11 (652Kb)
  12. pdf Sex Entertainment Venues Report - Appendix 12 (305Kb)
  13. pdf Sex Entertainment Venues Report - Appendix 13 (480Kb)
  14. pdf Sex Entertainment Venues Report - Appendix 14 (544Kb)
  15. pdf Sex Entertainment Venues Report - Appendix 15 (441Kb)
  16. pdf Sex Entertainment Venues Report - Appendix 17 (1541Kb)
  17. pdf Sex Entertainment Venues Report - Appendix 18 (1095Kb)
  18. pdf Sex Entertainment Venues Report - Appendix 19 (614Kb)
  19. pdf Sex Entertainment Venues Report - Appendix 20 (627Kb)
  20. pdf Sex Entertainment Venues Report - Appendix 21 (542Kb)
  21. pdf Sex Entertainment Venues Report - Appendix 22 (1325Kb)
  22. pdf Sex Entertainment Venues Report - Appendix 23 (1101Kb)
  23. pdf Sex Entertainment Venues Report - Appendix 24 (649Kb)
  24. pdf Sex Entertainment Venues Report - Appendix 25 (532Kb)
  25. pdf Sex Entertainment Venues Report - Appendix 26 (747Kb)
  26. pdf Sex Entertainment Venues Report - Appendix 27 (631Kb)
  27. pdf Sex Entertainment Venues Report - Appendix 28 (431Kb)
  28. pdf Sex Entertainment Venues Report - Appendix 29 (733Kb)
  29. pdf Sex Entertainment Venues Report - Appendix 30 (631Kb)
  30. pdf Sex Entertainment Venues Report - Appendix 31 (679Kb)
  31. pdf Sex Entertainment Venues Report - Appendix 32 (615Kb)
  32. pdf Sex Entertainment Venues Report - Appendix 33 (594Kb)
  33. pdf Sex Entertainment Venues Report - Appendix 34 (551Kb)
  34. pdf Sex Entertainment Venues Report - Appendix 35 (430Kb)
  35. pdf Sex Entertainment Venues Report - Appendix 36 (620Kb)
  36. pdf Sex Entertainment Venues Report - Appendix 37 (678Kb)
  37. pdf Sex Entertainment Venues Report - Appendix 38 (721Kb)
  38. pdf Sex Entertainment Venues Report - Appendix 39 (577Kb)
  39. pdf Sex Entertainment Venues Report - Appendix 40 (658Kb)
  40. pdf Sex Entertainment Venues Report - Appendix 41 (447Kb)
6.

A report by the Depute Chief Executive (Education, Communities and Organisational Development) presented to the Committee the draft policy statement for approval so it can be published for public consultation and invited the Committee to consider the draft policy in relation to a resolution which was passed on 6 November 2019 for the provision of a new licensing regime for Sexual Entertainment Venues (SEVs) in Moray.

 

During consideration of the report, Councillor Divers moved that the number of Sexual Entertainment venues in Moray be set at zero, this was seconded by Councillor Alexander.

 

Councillor Coy, seconded by Councillor Bremner proposed that the number of Sexual Entertainment venues in Moray be set at 1.

 

On the division there voted:

 

For the Motion (8) Councillor Divers, Alexander, Allan, Cowie, Coy, Edwards, Gatt and Nicol 
   
For the Amendment (3)  Councillors Coy, Bremner and Coull
   
Abstention (0)  

 

Accordingly the motion became the finding of the meeting and the Committee agreed to set the number of Sexual Entertainment Venues in Moray at zero.

 

Following further consideration the Committee agreed to:

i) note the draft policy put together by the research team at Moray Council and all attached at Appendix 1 to the report;
   
ii) set the number of Sexual Entertainment Venues in Moray to zero;
   
iii) not make any further changes before publishing for public consultation;
   
iv) instruct the head of Governance, Strategy and performance to publish the draft policy as required either electronically or in a newspaper circulating locally for consultation along with supporting information around the proposed processes, forms, fees and guidance;
   
v) officers bringing back the results of the consultation along with final drafts of the policy and supporting documentation for approval to the next meeting of the Committee on 2 December; and
   
v) agree that the implementation date of the complete licensing system for SEVs be 7 January 2021.

7. Question Time ***

Consider any oral question on matters delegated to the Committee in terms of the Council's Scheme of Administration. 

 

7.

Under reference to Item 4 on the agenda, Councillor Gatt sought clarification on whether, in the future any applications on the agenda at publication and subsequently withdrawn for consideration are considered by the Committee.

 

Councillor Coull further asked whether the Ward members for the withdrawn applications could be consulted if not considered by the Committee.

 

In response, the Senior Solicitor confirmed that withdrawn applications could be discussed but Members would need to be specific about which applications they wished to consider as this would require changes to the Delegated Authority permissions.  He further added that he could look at permutations but was it just Late Hours Catering Licence applications that members of the Committee wished to consider.  The Senior Solicitor said that he was happy to take forward ideas and circulate to the Committee for comment.

 

 

 

Summary of Licensing Committee functions:

To deal with all aspects of the issue of licenses by Local Authorities as required by Government; to deal with matters of Licensing and registration not falling within the functions of any other Committee.

 

 

Chair
1.

The meeting was chaired by Councillor Louise Nicol.

 

Private Items

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
Absent
NameReason for Absence
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Also in attendance at the above meeting were  Sean Hoath, Senior Solicitor, Jo Larsen, Licensing Standards Officer and Tracey Sutherland, Committee Services Officer.



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