Moray Licensing Board are keen to support local licensed premises and as such they decided at the Licensing Board on 17th February 2021 to introduce for a limited period a cheaper, more convenient type of premises licence variation be allowed specifically and solely for the purpose of adding off sales to an existing premises licence, the reduced price for this will be £50.
Applications will need to be submitted prior to 30th April 2021.
The Moray Licensing Board is the licensing authority for the Moray area and is responsible for Premises Licences, Occasional Licences and Personal Licences.
Each Local Authority in Scotland is required to appoint a licensing board for the administration of licensing with respect to the sale and supply of alcohol liquor. The Licensing Board meets at regular intervals (approximately each 8 weeks) to discharge its functions in terms of the licensing of alcohol sales and the provision of gambling facilities. All licensing board meetings are held in public.
CHANGES TO OUR LICENSING SERVICES
Licensing Board Meetings
Meetings of the Licensing Board are currently being held remotely through ConnectRemote, If you have an application being heard at a Licensing Board meeting and are required to attend you will be notified by email if you provided an email address or in writing if you did not provide an email address.
Moray Council Access points remain closed however applications can be lodged by email to Licensing@moray.gov.uk or by post to Moray Council, LicensingSection, Governance Strategy and Performance, Council Office, High Street, Elgin IV30 4GL.
If you lodge an application by email you will need to arrange for payment to be made. Details of how to make payment can be found here http://www.moray.gov.uk/moray_standard/page_53506.html. Please do not send cash by post.
The Licensing (Scotland) Act 2005 contains a considerable number of strict timescales and deadlines with little or no discretion available to relevant authorities if they not adhered to. With both businesses and licensing authorities under unprecedented disruption as a result of the coronavirus outbreak, it is likely that people could lose their licences through no fault of their own.
The licensing provisions in the Coronavirus Act are intended to provide additional flexibility and discretion to help minimise licence holders (such as individuals and businesses) and other key licensing interests being adversely affected.
The relevant provisions include:
Premises Licence Holders
The Coronavirus (Scotland) Act 2020 allows licensed premises to offer takeaway and deliveries even where it is not included in the operating plan of the premises. Where the premises sell food and are licensed for off sales of alcohol, the delivery of alcohol with food is also permitted. Licence holders are reminded that deliveries of alcohol are subject to compliance with the appropriate provisions within the Licensing (Scotland) Act 2005.
Change of Premises Manager
Underthe Coronavirus (Scotland) Act 2020 amendments, Premises Licence holders will have a period of 28 days in which to notify the departure of a Premises Manager to the Board, and a period of 3 months in which to submit a minor variation to appoint a new Premises Manager without the Premises Licence being affected. (These periods were previously 7 days and 6 weeks respectively).
Personal Licence Holders
The Coronavirus (Scotland) Act 2020 amendments allow Personal Licence holders to submit renewal applications any time during the period of 12 months prior to expiry of their licence up until the date prior to expiry (due to coronavirus related reasons). The Board also has an extended period to consider renewal applications (six months from the date of expiry). A Personal Licence will remain in place during that time until the renewal application has been decided by the Board if the renewal application has been submitted timeously.
The Coronavirus (Scotland) Act 2020 amendments allow the Board to extend the period for completing refresher training if a Personal Licence holder has been unable to do so due to coronavirus related reasons. Extensions can apply to both the requirement to complete refresher training and to submit evidence of completed refresher training to the Board. At the present time the Board has not decided on any specific period of extension and individual licence holders should contact the Board directly if unable to complete training requirements setting out their reasons why this is the case.
The Coronavirus (Scotland) Act 2020 can be found on the Scot Gov website https://www.gov.scot/publications/coronavirus-covid-19-alcohol-and-civic-licensing/.
Where we are now
The Scottish Government announced on 4th January 2021 that hospitality and tourism will remain closed until the end of January 2021 and that the situation will be reviewed prior to the end of January 2021. On Tuesday 2nd February 2021 these restrictions were extended until the end of February 2021.
Guidance for hospitality is issued by the Scottish Government and can be found here.
Takeaways can still operate as normal, providing food is sold for consumption off premises.
Hotels and other accommodation providers can still serve food to qualifying guests, such as keyworkers staying in their premises up to 10pm. Room service, including alcohol, is allowed as normal. Face coverings and physical distancing rules must be followed.
At 00:01hrs on Saturday 16th January 2021 the following changes come into force.
Limit the availability and operation of click and collect retail services
Only retailers selling essential items will be allowed to offer click and collect. This will include, for example, clothes and footwear, baby equipment, homeware and books. All other click and collect services must stop. More importantly, for click and collect services that are allowed, staggered appointments will need to be offered to avoid any potential for queuing, and access inside premises for collection will not be permitted. The details will be set down in regulations and in guidance.
Restrictions to takeaway services:
- Customers will no longer be permitted to go inside to collect takeaway food or coffee.
- Any outlet wishing to offer takeaway will have to do so from a serving hatch or doorway.
- This reduces the risk of customers coming into contact indoors with each other, or with staff.
- The guidance for hospitality and tourism has been updated and can be found here.
- The FAQ’s for hospitality and tourism has also been updated and can be found here.
- Premises should encourage only one person coming to collect orders, as well encouraging pre orders and specific time slots for collection, as a contingency there should be in place a queuing system which allows enough space for people to socially distance while they are queuing.
Change to the rules around consumption of alcohol
At the moment, different parts of Scotland have different laws in relation to the consumption of alcohol in outdoor public places.
However, from Saturday, it will be against the law in all level 4 areas of Scotland to drink alcohol outdoors in public. Moray is in level 4 along with the rest of mainland Scotland
This will mean, for example, that buying a takeaway pint and drinking it outdoors will not be permitted.
The updated guidance states
“Off-sales of alcohol can continue but as advised previously, all operators, including those in the hospitality sector who are offering a takeaway service should do so according to guidance. Operators should be in a position, if required, to offer advice to remind customers that consumption of their purchase in an outdoor public place is prohibited. Purchases must be taken home as intended.”
Currently those licence holders who are offering takeaway or delivery of alcohol may continue to do so but should ensure that any advertising supports not only the above guidance relating to takeaways but also that this is for consumption only in line with the current regulations i.e not outdoor in a public place and only within the current limits on no household mixing except for in the case of support bubbles.
- Scottish Government Guidance for Tourism and Hospitality
- Guidance for low level background music and sound in hospitality premises
- Small Indoor Seated Live Events
- Covid-19 Protection Levels
- Hospitality Measures - Permitted Opening Times For Each Covid Protection level
- Scottish Government Guidance FAQ for Tourism and Hospitality
Information/updates on these business grants as they become available can be found on the links below:
- Find Business support portal: https://findbusinesssupport.gov.scot/coronavirus-advice
- Moray Council website: http://www.moray.gov.uk/moray_standard/page_133282.html - (listed under 'Money, Businesses and Council Housing')
- Business Gateway Moray Facebook page: https://www.facebook.com/businessgatewaymoray
The business of the Licensing Board is advertised on this website.
Make an Application
Use the buttons below to select the relevant type of application.
Use the following link to view current applications and access further information on how to comment, object, or make a representation.
Statement of Policy for the Licensing (Scotland) Act 2005
Section 6 of the Licensing (Scotland) Act 2005 requires every Licensing Board to publish a statement of policy each five years.
Please read our FAQs before contacting the Licensing Team.
In order to make a complaint about licensed premises or a licence holder please see the Complaints Procedure.
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