Information Released in Response to an FOI Request
| Title | Licensing key facts |
| Description | Licensing (Scotland) Act 2005 - Key facts |
| Publication Date | August 07, 2006 |
| Charge | Free. |
Licensing ( Scotland ) Act 2005 - Key Facts
The new licensing regime is founded on 5 licensing objectives which include protecting and improving public health, protecting children from harm and securing public safety.
- Our current licensing system dates back to the 1970s - it does not reflect Scottish society in the 21st Century. That is why the Executive brought forward legislation to reform our outdated licensing laws.
- The new licensing system will tackle Scotland's shocking record on alcohol by:
- Reforming outdated licensing laws;
- Tackling under-age drinking;
- Cracking down on binge drinking; and
- Involving and protecting communities.
- The Act will reform our outdated licensing laws by:
- Establishing a clear, effective and mandatory national framework which will include standard national licence conditions covering key issues;
- Abolishing outdated system of 7 licences and statutory opening hours, replacing them with 2 new licences - personal and premises licence;
- A sensible 'premises by premises' approach to opening hours authorised by local Licensing Boards in line with the new licensing principles coupled with a statutory presumption against 24 hour opening (only in exceptional circumstances);
- Emphasis on mandatory training; and
- Tougher enforcement - wider range of sanctions and new Licensing Standards Officers (LSOs).
- It will tackle under-age drinking by:
- A requirement for all licensees to operate on a no-proof no-sale basis;
- A requirement for on-sales premises who want to allow access by children to set out their plans in their operating plan for approval by the Board - emphasis on making family access easy to suitable premises; and
- Overhaul of under-age drinking offences
- Specifically the Act creates wider offences including - offence for anyone to sell alcohol to a child anywhere; offence for anyone to purchase on behalf of a child; offence for a child to buy or attempt to buy alcohol anywhere.
- It will tackle binge drinking by:
- A crackdown on 'irresponsible promotional activities' in both on and off sales - a new policy which will ensure drinks have to be sold at the same price for at least 72 hours and a ban on specific irresponsible promotions eg "happy hours" and other promotions like two-for-ones that encourage binge and speed drinking.
- It will protect communities:
- Fewer licences in antisocial behaviour hot spots - Boards to conduct new overprovision assessments and block licences where there is considered to be overprovision (in accordance with guidance from National Forum).
- Will be represented on Local Licensing Forums.
- Easier for local communities to have a say in the grant and continuation of licences - anyone will be able to object or make representations.
- New licensing standards officers to mediate between licensee and community to try to resolve problems.
- Suspension of licence to take effect immediately pending appeal - no longer a wait of up to a year for local community until appeals exhausted.
- This devolved government recognises that most people in Scotland can and do drink sensibly - and we want to help promote this kind of approach to alcohol. Responsible drinking can be part of a healthy, happy and sociable lifestyle;
- All of this adds up to the most comprehensive and ambitious package of licensing reform Scotland has ever seen. It will take our licensing laws into the 21st Century - and provide a platform to tackle many of the problems alcohol can cause in our society.