Agenda and minutes

The Chair asked Members if they had any interests to declare, in terms of the Councillors’ Code of Conduct.

Mrs Ewenson (Convenor) declared an interest in item 7 on the agenda by reason of a family member being connected to the applicant.  She left the meeting and took no part in the consideration of the item.

Ms Dawn Black (Vice-Convenor) chaired item 7 in the Convenor’s absence.

Consider, and if so desired, adopt the following resolution:-

(1)       to have due regard to the need to:-

(a)               eliminate discrimination, harassment and victimisation;

(b)              advance equality of opportunity between those who share a protected characteristic and persons who do not share it; and

(c)               foster good relations between those who share a protected characteristic and persons who do not share it.

(2)        where an Integrated Impact Assessment is provided, to consider its contents and take those into account when reaching a decision.

In taking decisions on the undernoted items of business, the Committee agreed, in terms of Section 149 of the Equality Act 2010:-

(1)       To have due regard to the need to:-

(a)  eliminate discrimination, harassment and victimisation;

(b)  advance equality and opportunity between those who share a protected characteristic and persons who do not share it; and

(c)  foster good relations between those who share a protected characteristic and persons who do not share it, and

(2)       to consider, where an Integrated Impact Assessment has been provided, its contents and to take those into consideration when reaching a decision.

The Board agreed the minutes were a correct record of the meeting.

Following consideration of a report by the Clerk, dated 15^th June 2023 in respect of applications for premises/provisional premises licences, copies of which had been circulated in advance, the Board decided the applications as undernoted:

1.      Haddo House, Methlick, Ellon, AB41 7EQ

Granted subject to

·       the local conditions set out in the Board report,

·       the specific conditions set out in the Board report

Following consideration of a report by the Clerk, dated 15^th June 2023 in respect of applications for major variations of premises licences, copies of which had been circulated in advance, the Board decided the applications as undernoted:

1.    Balmoral Estate, Ballater, AB53 5TB

Granted subject to

·       the local conditions set out in the Board report,

·       The specific conditions set out in the Board report

2.    The Rustic Grill, 13-15 Balmellie Street, Turriff, AB53 4DW

Granted subject to

·       the local conditions set out in the Board report,

3.    The Clerkhill Inn, Baylands Crescent, Peterhead, AB42 2YA

Granted subject to

·       the local conditions set out in the Board report,

·       The specific conditions set out in the Board report

4.    The Butchers Arms, 14 West High Street, Inverurie, AB51 3SA

Granted subject to

·       the local conditions set out in the Board report,

·       The specific conditions set out in the Board report

5.    The Tolbooth, Old Pier, Stonehaven, AB39 2JU

Granted subject to

·       the local conditions set out in the Board report,

6.    Fraserburgh Indoor Leisure Centre, North Links, Seaforth Street, Fraserburgh, AB43 9BB

Granted subject to

·       the local conditions set out in the Board report,

·       The specific conditions set out in the Board report

This hearing did not proceed, the parties having agreed the terms of additional conditions prior to the date of the Board. The application was granted as a non-conentious report Minuted as Item 5(6) above.

LICENSING (SCOTLAND) ACT 2005 – APPLICATION FOR MAJOR VARIATION OF PREMISES LICENCE - HEARING – THE BANCHORY LODGE HOTEL

1.    The applicant was represented by Janet Hood, solicitor, Edzell. Christopher Hodgens, Director, was also in attendance at the hearing as an Observer.

2.    PC Ian Duthie, Police Scotland represented the Chief Constable.

3.    Lisa Godini, Licensing Standards Officer represented Keith Simpson Senior Licensing Standards Officer who was unable to attend the Hearing.

4.    Mr Alan Jackson, Objector was neither present nor represented at the hearing.  He had lodged written submissions which had been circulated to all parties and Board Members in advance of the meeting.  His  written representation and submissions were considered by the Board in determining the application.

5.    Mr Coutts, objector, had withdrawn his objection and did not therefore take part in the hearing.

6.    Mr Gray was unable to attend the meeting.  His objection was considered by the Board in determining the application.

7.    Dr and Mrs Shanks were present at the hearing by phone.

8.    Mr Wilson was present at the hearing by phone.

9.    Preliminary Issue

a.    Mr Wilson requested that the meeting be postponed on the basis that he had not been provided with proper notice of the hearing and had not had adequate time to engage legal representation or prepare for the hearing.

b.    The Board heard the applicant’s agent in respect of the request for the postponement and argued that Mr Wilson had lodged an objection on time, had received the required legal notice of the hearing and that her client was ready to proceed.

c.     The Depute Clerk acknowledged that Mr Wilson had not received 14 days’ notice of the meeting as was the Board’s standard practice, but that Mr Wilson had received formal notice 8 days in advance of the hearing.  The statutory requirement under the Licensing (Procedure)(Scotland) Regulations 2007 was for 7 days’ notice of hearing to be given to all parties which had been met.

d.    The Board concluded they had sufficient evidence upon which to make a decision in relation to the preliminary matter.

e.    Mrs Black, seconded by Mr Adams, moved as amotion that sufficient notice had been given and that the hearing should proceed.

f.      No amendment was proposed.

g.    The Board confirmed that the decision to proceed was unanimous.

10. The applicant was invited to speak to the application

11. PC Duthie spoke to the Chief Constable’s Representation

12. Lisa Godini spoke to the Licensing Standards Officer’s representation

13. Dr Shanks spoke to his objection.

14. Mr Wilson spoke to his objection.

15. The applicant was afforded an opportunity to respond to the submissions made by the other parties

16. An opportunity was afforded to Members to ask questions of all parties

17. The Board invited concluding remarks in reverse order

a.    Mr Wilson made concluding remarks

b.    Dr Shanks made concluding remarks

c.     Lisa Godini made concluding remarks.

d.    PC Duthie made concluding remarks

e.    Mrs Hood made concluding remarks

18. No  ...  view the full minutes text for item 7.

Having considered the terms of a report by the Depute Clerk seeking approval of the Draft Statement of Licensing Policy for the purpose of consultation thereon, dated 20^th June 2023, copies of which had been circulated to members in advance, the Board:

a.    Noted the terms of the updated Timeline for Review of the Policy Statement as set out in Appendix 1 to the report.

b.    Considered and approved the Draft Statement of Licensing Policy as set out in Appendix 2 to the report for the purposes of carrying out a formal consultation exercise.

c.     Approved the terms of the Consultation Timeline attached as Appendix 3 to the report and

i.               Agreed to consider approval of the Final Statement of Licensing Policy at a Special Meeting of the Board to be held on 25^th October 2023; and

ii.              Authorised the Clerk to the Board to conduct the consultation exercise on their behalf.

d.    Noted the terms of the updated draft Integrated Impact Assessment in relation to the review process.

e.    Noted that an update report would be brought to the Board at their meeting on 16^th August 2023.

The date of the next meeting is 16 August 2023.

Noted.

The Convenor drew the meeting to a close, at which point the recording of the meeting ended.

The recordings of the meeting can be found at the following links:

Part One

Part Two