Agenda and minutes

The Chair asked Members if they had any interests to declare, in terms of the Councillors’ Code of Conduct.  No interests were declared.

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.

On consideration of the circulated Minute of Meeting of the Committee of 4^th October 2023, Members agreed to approve it as a correct record.

On consideration of the circulated Minute of Meeting of the Committee of 25^th October 2023, Members agreed to approve it as a correct record.

Following consideration of a Report by the Clerk, relating to applications for the grant of premises/provisional premises licences, dated 12^th December 2023, copies of which had been circulated to Members in advance, the Board determined the applications as follows;

(1)  Whiskyquest Ltd, 28 Lawsondale Terrace, Westhill, AB32 6SE

Granted subject to:

·       The local conditions set out in the report

·       The specific conditions set out in the report.

(2)   Whisky Action House, Office 3, Burnside Business Centre, Burnside Road, Peterhead, AB42 3AW

Granted subject to:

·       The local conditions set out in the report

·       The specific conditions set out in the report.

Following consideration of a report by the Clerk relating to applications for major variations of premises licences, dated 12^th Decemer 2023, copies of which had been circulated in advance, the Board determined the applications as follows:

(1)   Milton Brasserie, J&R Restaurants Ltd, Milton of Crathes, Banchory, AB31 5QH

Granted subject to:

·       The local conditions set out in the report.

(2)   Kessock Service Station, South Road, Fraserburgh, AB43 8TJ

Granted subject to:

·       The local conditions set out in the report.

(3)   Duncanos, Unit 17, Westhill Shopping Centre, Westhill, AB32 6RL

Granted subject to;

·       The local conditions set out in the report.

·       The specific conditions set out in the report

(4)  Tarland Golf Club, Aberdeen Road, Tarland, Aboyne, AB34 4TB

Granted subject to:

·       The local conditions set out in the report.

(5)   Cheers Bar, 10A Broad Street, Fraserburgh, AB43 9AH

Following receipt of amended documentation, Granted subject to:

·       The local conditions set out in the report

·       The specific conditions set out in the report

1.    The applicant, Mr Ross Adamson, was present at the meeting.

2.    Keith Simpson, Licensing Standards Officer was present at the meeting.

3.    The Board heard Mr Adamson’s submissions

4.    The Board heard Mr Simpson’s submissions

5.    Mr Adamson was afforded an opportunity to respond.

6.    An opportunity was given to Board Members to ask questions of both parties.

7.    Mr Simpson was given an opportunity to make concluding remarks.

8.    Mr Adamson was given an opportunity to make concluding remarks.

9.    The Board did not require legal advice from the Clerk and opted to debate the application in public.

10.The Clerk read out the terms of the grounds of refusal set out in the Legal Test.

11.The Board confirmed that they had sufficient evidence upon which to make a decision.

12.Ms Sullivan, seconded by Ms Black, moved as a motion that the application be granted, with the recommended conditions, subject to an extra condition that the Crime Prevention Officer at Police Scotland conduct a safety check of the premises and that the Licence Holder implement any measures recommended arising from that safety check within a period of 6 months from the date of grant of the licence.

13.No amendment was proposed.

14.The Convenor confirmed that the motion was agreed unanimously by the Board.

The decision of the Board was therefore that the application be granted with the recommended conditions, subject to an extra condition that the Crime Prevention Officer at Police Scotland conduct a safety check of the premises and that the licence holder implement any safety measures recommended arising from that safety check within a period of 6 months from the date of grant ofc the licence.

1.    Chelsea Brown, the applicant was present at the meeting

2.     Sergeant Neil Grant represented the Chief Constable at the meting.

3.    The Board heard the Ms Brown’s submissions.

4.    The Board heard Sergeant Grant’s submissions

5.    Ms Brown was afforded an opportunity to respond.

6.    An opportunity was given to Board Members to ask questions of both parties.

7.    Sergeant Grant was afforded an opportunity to make concluding remarks

8.    Ms Brown was afforded an opportunity to make concluding remarks.

9.     The Board did not require legal advice and opted not to adjourn to debate the application but to debate in public.

10. The Clerk read out the terms of the grounds of refusal in respect of the Legal Test.

11. The Board confirmed they had sufficient evidence upon which to make a decision.

12. Ms Sullivan, seconded by Ms Black, moved as a motion, that the application be granted on the basis that the applicant was a fit and proper person to hold a licence despite the existence of the previous conviction due to the distance of time since the incident had occurred.

13. Mr Adams, seconded by Mr Menard, moved as an amendment, that the application be refused on the basis that the applicant was not a fit and proper person to hold a licence be reason of the prevention of crime and disorder licensing objective on the basis of the previous conviction.

14. On a division there voted:

For the Motion                                        For the Amendment

Ms Dawn Black                                      Mr Stewart Adams

Mr Geoff Crowson                                  Mrs Marion Ewenson

Mr Jeff Goodhall                                     Mr Richard Menard

Mr Trevor Mason                                    Mr Iain Taylor                     [4 votes]

Mrs Jenny Nicol

Ms Meil Sullivan      [6 votes]

15. The Convenor accordingly declared the motion carried in terms.

The decision of the Board was therefore that the application be GRANTED.

1.     The applicant was represented by Janet Hood, Solicitor, Edzell.

2.     Lisa Godini, Licensing Standards Officer was present at the meeting.

3.    The Board heard Mrs Hood’s submissions.

4.    The Board heard Lisa Godini’s Submissions.

5.    The Board then afforded Mrs Hood an opportunity to respond.

6.    An opportunity was given to Members to question both parties.

7.    Lisa Godini was given an opportunity to make concluding remarks,

8.    Mrs Hood was given an opportunity to make concluding remarks.

9.    The Board did not require legal advice and opted to debate the application in public.

10.The Clerk read out the terms of the Legal Test.

11.The Board agreed there was sufficient evidence upon which to make a decision.

12.Ms Black, seconded by Mr. Adams, moved as a motion that the Board was sufficiently reassured by the submission of the premises licence application that the applications should be granted.  Further, future applications should be determined under delegated powers.

13.No amendment was proposed.

14.The Convenor determined that the decision of the Board was unanimous.

The decision of the Board was therefore to grant to the applications as applied for subject to the conditions recommended by Police Scotland and the Licensing Standards officers.

Future applications for occasional licences to be granted by the Clerk using delegated powers until such time as the premises licence application has been processed and determined by the Board.

1.    Mr Addy. the applicant was present at the meeting.

2.     Keith Simpson, Licensing Standards Officer was present at the meeting.

3.    The Board heard Mr Addy’s submissions.

4.    The Board heard Mr Simpson’s Submissions.

5.    The Board then afforded Mr Addy an opportunity to respond.

6.    An opportunity was given to Members to question both parties.

7.    Mr Simpson was given an opportunity to make concluding remarks,

8.    Mr Addy was given an opportunity to make concluding remarks.

9.    The Board did not require legal advice and opted to debate the application in public.

10.The Clerk read out the terms of the Legal Test.

11.The Board agreed there was sufficient evidence upon which to make a decision.

12.Mr Crowson, seconded by Ms Black, moved as a motion that the Board grant the applications on the basis that a premises licence application was forthcoming.  Further, that future applications for occasional licences should be determined by the Clerk, following consultation with the Convenor.

13.No amendment was proposed.

14.The Convenor determined that the decision of the Board was unanimous.

The decision of the Board was therefore to grant to the applications as applied for subject to the conditions recommended by Police Scotland and the Licensing Standards officers.

All future applications to be determined by the Clerk in consultation with the Board Convenor pending receipt of a premises licence application, processing thereof and determination by the Board.

The Licence Holder having paid the annul fee for the premises licence on the morning of the Board meeting, the Licensing Standards Officer withdrew the review application and therefore the hearing did not proceed.

The Clerk advised that further work would continue with the licence holder regarding the ongoing operation of the business and that the licence holder had already been informed of this by the Licensing Standards Officer and the Clerk.

The date of the next meeting is 28^th February 2024

The Board noted that the next Board would take place on 28^th February 2024.