To allow them to meet orders for Christmas hampers, an East Lothian farm shop caught selling booze without a licence has been given the go ahead to put it back on the shelves.
Carfrae Farm Shop, near Haddington, faced licensing bosses last week after applying for a string of occasional licences to cover the festive period.
The Licensing Board heard that the shop had been operating with occasional licences since 2021 as it waited for a provisional premises licence to be confirmed.
Occasional licences are usually used by voluntary organisations or local groups for events and when businesses are in the process of gaining a premises licence and last for 14 days at a time.
The board’s licensing standards officer said the farm shop had to date had 85 occasional licences granted but due to late applications there had been a number of gaps when it would have not been licensed.
She said when the last applications were submitted in May this year she and the police visited the store and found it selling alcohol despite the last licence running out weeks earlier.
The board was told alcohol was taken off the shelves and the applications withdrawn until the festive batch submitted last week which covered the period from October to December 31 to allow the shop to sell its popular Christmas hampers.
Representing the business Alistair McDonald told the board his firm was now overseeing the licensing work for the shop and there would be no more occasional applications applied for in the future.
He said: “There is really no other explanation other than maladministration, overlooking, not realising the occasional had run out.
“The Christmas period is a very important time for them with the hampers but there will be no other applications for occasional licences and they will be applying for a permanent licence in the future.”
Shop owner Trudi Cueto told the board issues gaining a building warrant which is required for a permanent premises licence had caused delays but they hope to have everything in place by early next year.
She said: “We take full responsibility and apologise sincerely.
“We have stepped back and looked very seriously at the situation and our ability to keep on top of the administration and have employed Mr McDonald’s firm to carry out the work involved and act as official oversight for us, although we understand responsibility lies with us.
Councillor Lee-Ann Menzies, board member, said the use of occasional licences in the past, while legal, was not ‘in the spirit’ of their purpose.
She told the applicant: “I think 85 occasional licences for a business is absolutely against the spirit of the legislation. I understand it is in the legislation and there is no accusation there but in my opinion the legislation is flawed. It is not something we as an authority or board should be encouraging businesses to do.
“I am minded to grant the application but I am really clear that if it comes in front of me again that will change. I could not agree to a single further occasional licence and there is no excuse that will change my mind on that.”
The board granted the occasional licences for the farm shop.
By Marie Sharp Local Democracy Reporter
