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“Did Aldi get its larger display area?”

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Summary

The council meeting focused on the review and decision-making regarding the occasional licenses for a cider preparation business. The primary concern was ensuring the business operated legally while securing public safety.

  1. Decision on Occasional Licenses: The council decided to grant the current and upcoming occasional licenses for the cider business up to the next board meeting on April 25th, with the condition that no tours are included. The decision was motivated by a desire to allow the business owner time to apply for a permanent premises license. Arguments for the motion emphasized support for local business continuity and legal compliance, while the amendment argued for refusal based on insufficient evidence of meeting building standards for public safety. The decision allows the business to continue operating temporarily, ensuring no disruption while the owner works towards compliance.

  2. Discussion on Future Licensing Control: There was a proposal to keep future occasional license approvals under the board's direct control rather than delegating them. This was to ensure close oversight of the business's progression towards obtaining a permanent license. The implication is a tighter regulatory watch, ensuring the business adheres to necessary standards and progresses appropriately towards long-term licensing.

An interesting note from the meeting was the announcement of Delcea Borland's retirement, marking the end of her long service in the licensing team, which added a personal touch to the proceedings. The council meeting focused on licensing applications for two premises, Olive Tree and Adni Arms Hotel, and a hearing for Dr. Dromtochty Castle and Aldi McDuff. The board granted licenses for Olive Tree and Adni Arms Hotel without contention. The hearing for Dr. Dromtochty Castle involved discussions on local conditions, particularly regarding outdoor drinking areas and a games room. Aldi McDuff's hearing centered on the over-provision policy due to its proposed alcohol display area exceeding local averages.

  1. Olive Tree and Adni Arms Hotel Licensing:

    • Decision: Both applications were granted.
    • Arguments: There were no objections or significant debates; the applications were straightforward and met all standard requirements.
    • Implications: The decisions allow both establishments to operate with licenses that permit the sale of alcohol, which is expected to benefit their business operations without adverse effects on the community.
  2. Dr. Dromtochty Castle Hearing:

    • Decision: The board agreed to modify local conditions, particularly not applying certain restrictions on outdoor drinking areas and the games room.
    • Arguments: The castle's representative argued that standard conditions were not suitable due to the castle's unique rural setting and private nature, which would unlikely affect public nuisance.
    • Implications: The decision allows greater flexibility for the castle in hosting events, enhancing guest experience while maintaining responsible alcohol service.
  3. Aldi McDuff Hearing:

    • Decision: The discussion was ongoing, focusing on whether to allow a larger alcohol display area than the local average.
    • Arguments: Aldi representatives argued that the additional space was necessary for customer choice and operational efficiency, while concerns were raised about potential alcohol-related harm due to over-provision.
    • Implications: The outcome will influence Aldi's operations and its impact on local public health and safety. The decision could set a precedent for future licensing considerations in areas with similar over-provision concerns.

Interesting Event:

  • During the Aldi McDuff hearing, there was a significant discussion about the statistical basis for the over-provision policy, highlighting the need for clear and accessible data to support such policies. This underscored the complexities of balancing business interests with community health and safety. The council meeting focused on the application for a provisional premises license for Aldi in McDuff, with extensive debate on whether to allow an alcohol display area larger than the Aberdeenshire average. The board ultimately approved Aldi's request for a larger display area, justifying the departure from policy based on the benefits outweighing potential alcohol-related harm.

Decision: Granting Aldi a larger alcohol display area Aldi requested a 40.2 square meter alcohol display area, exceeding the Aberdeenshire average of 34.3 square meters. Arguments for the larger area emphasized Aldi's efficient business model, potential economic benefits, and the store's role in serving a broader area than McDuff alone. Opponents cited concerns about alcohol-related harm and policy adherence. The board decided in favor of Aldi, concluding that the economic and service benefits presented justified a policy departure and outweighed potential alcohol-related harms.

Interesting Occurrence: The discussion was notably detailed, with board members extensively questioning the representative and legal advisor to ensure all aspects of the policy and its implications were thoroughly considered. The decision to allow a departure from the established alcohol display policy was a significant moment, reflecting the board's flexibility in balancing policy with potential local benefits. The council meeting focused on reviewing repeated occasional license applications for two premises, Mamma Mia at 71 High Street Bankery and The Boxes at Chapelton of Elsick, Stonehaven. The council deliberated on whether to continue granting occasional licenses or to require a permanent premises license, considering the unique circumstances of each case.

  1. Mamma Mia at 71 High Street Bankery:

    • Decision: The council decided to grant the current occasional licenses and allow future applications to be processed under delegated powers while the premises license application is being processed.
    • Arguments: The applicant had started the premises license application process, and the council recognized the need for business continuity during this period.
    • Implications: This decision allows the business to continue operating without interruption, potentially ensuring financial stability and customer retention during the transition to a permanent license.
  2. The Boxes at Chapelton of Elsick, Stonehaven:

    • Decision: The council granted the current occasional licenses and decided that future applications should also be processed under delegated powers.
    • Arguments: The applicant highlighted the temporary nature of the premises and uncertainty about future relocation, which justified the continued use of occasional licenses.
    • Implications: This decision supports the business's operational needs in a developing area, allowing flexibility and adaptation to future changes in the location of the premises.

Interesting Event: During the meeting, there was a brief confusion about the representation for Mamma Mia, which was resolved by confirming the presence of the applicant. This highlighted the importance of clear communication and proper representation in council proceedings. The council meeting focused on reviewing repeated occasional license applications for local businesses. The board deliberated on whether to grant these licenses and discussed the implications of businesses operating without a full premises license.

One key decision involved the fish shop's application for additional occasional licenses while awaiting a premises license. The applicant highlighted the importance of alcohol sales to their business model. The board granted the application, noting the applicant's honesty about delays in applying for a premises license and their recent submission of the required application. This decision supports local business operations while ensuring compliance with licensing policies.

Another decision concerned the studying home farm, which sought to continue using occasional licenses. The applicant admitted to conducting tours without proper licensing, raising concerns about public safety due to the building's compliance with regulations. The board debated refusing the application based on potential safety risks and the lack of a premises license application. The decision was to adjourn for further deliberation, highlighting the board's concerns about public safety and the need for regulatory compliance in business operations.

The meeting was marked by a candid admission from the studying home farm's operator about the unauthorized tours, which was a significant and surprising revelation that influenced the board's decision-making process.

Attendees

Profile image for CouncillorMarion Ewenson
Councillor Marion Ewenson  Scottish Liberal Democrats •  Ward 11 - Inverurie and District
Profile image for CouncillorDawn Black
Councillor Dawn Black  Scottish National Party •  Ward 18 - Stonehaven and Lower Deeside
Profile image for CouncillorStewart Adams
Councillor Stewart Adams  Council Co-Leader •  Scottish Conservative and Unionist •  Ward 01 - Banff and District
Profile image for CouncillorGeoff Crowson
Councillor Geoff Crowson  Scottish National Party •  Ward 04 - Central Buchan
Profile image for CouncillorJeff Goodhall
Councillor Jeff Goodhall  Scottish Liberal Democrats •  Ward 14 - Huntly, Strathbogie and Howe of Alford
Profile image for CouncillorTrevor Mason
Councillor Trevor Mason  Scottish Liberal Democrats •  Ward 12 - East Garioch
Profile image for CouncillorRichard Menard
Councillor Richard Menard  Scottish Conservative and Unionist •  Ward 02 - Troup
Profile image for CouncillorJenny Nicol
Councillor Jenny Nicol  Scottish National Party •  Ward 08 - Mid-Formartine
Profile image for CouncillorMel Sullivan
Councillor Mel Sullivan  Scottish Liberal Democrats •  Ward 17 - North Kincardine
Profile image for CouncillorIain Taylor
Councillor Iain Taylor  Scottish Conservative and Unionist •  Ward 07 - Turriff and District

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 28th-Feb-2024 10.15 Aberdeenshire Licensing Board

Reports Pack

Public reports pack 28th-Feb-2024 10.15 Aberdeenshire Licensing Board

Minutes

Printed minutes 28th-Feb-2024 10.15 Aberdeenshire Licensing Board

Additional Documents

Item 05 - Drumtochty Board report
Item 05 - Appendix 3 - Legal Test
Item 07 - Review of Premises licence Report
Item 09 - Appendix 5 - Local Conditions
Item 10 - Appendix 4 - Legal Test
Item 04 - Appendix 2 - Local Conditions
Minutes Public Pack 20122023 Aberdeenshire Licensing Board
Item 04- Premises and Provisional Licences Cover Report
Item 04 - Appendix 1 - Applications
Item 04 - Appendix 3 - Legal Test
Item 05 - Appendix 1 - Application
Item 10 - Appendix 3 - Extract Policy Statement
Item 05 - Appendix 4 - Written Submissions
Item 06 - Aldi Board report
Item 06 - Appendix 1 - Application
Item 06 - Appendix 2 - Representation
Item 06 - Appendix 3 - Overprovision Policy
Item 07 - Appendix 1 - Review Application
Item 07 - Appendix 2 - Premises Licence
Item 07 - Appendix 3 - Personal Licence
Item 07 - Appendix 4 - Legal Test
Item 07 - Appendix 5 - Procedure
Item 07 - Appendix 6 - Written Submissions
Item 08 - Occasional Licence Board Report - Mamma Mia
Item 06 - Appendix 5 - Legal Test
Item 10 - Occasional Licence - Board Report - fish shop
Item 09 - Occasional Licence - Board Report - Chapelton
Item 08 - Appendix 3 - Extract Policy Statement
Item 08 - Appendix 4 - Local Conditions
Item 08 - Appendix 5 - Legal Test
Item 09 - Appendix 1 - Application Forms
Item 10 - Appendix 2 - Representation
Item 09 - Appendix 2 - Representation
Item 09 - Appendix 3 - Extract Policy Statement
Item 09 - Appendix 4 - Legal Test
Item 08 - Appendix 2 - Representations
Item 10 - Appendix 1 - Application Forms
Item 11 - Occasional Licence - Board Report - The Steading
Item 11 - Appendix 1 - Application Forms
Item 11 - Appendix 2 - Representation
Item 11 - Appendix 3 - Extract Policy Statement
Item 11 - Appendix 4 - Legal Test
Item 11 - Appendix 5 - Local Conditions
Item 10 - Appendix 5 - Local Conditions
Item 06 - Appendix 4 - Local Conditions
Equalities
Item 05 - Appendix 2 - Local Conditions
Item 05 - Appendix 5 - Procedure
Item 08 - Appendix 1 - Application