This item was published during the term of a previous administration that ended in April 2007
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Overhaul of licensing laws
17/05/2004
An overhaul of Scotland's licensing laws was outlined in
a
White Paper published today.
Under the Executive's proposals there will be:
• Improved monitoring of licence condition compliance
and tougher sanctions against those who flout them -
protecting individuals and protecting communities;
• A crackdown on irresponsible drinks promotions
which encourage binge drinking and lead to antisocial
behaviour;
• Local flexibility within a clear national framework
- with national licence conditions and a national licensing
forum to ensure consistency across Scotland;
• New requirements for licensing boards to assess
local provision - to determine when a saturation point has
been reached;
• Improvements to the objection process including
widening the range of local people able to object;
• The replacement of the present inflexible system of
'fixed' opening hours with extensions, to a tailored
'premises by premises' approach to hours
These proposals and others will form the basis of a new
Licensing Act and build on the Nicholson Committee's review
of current licensing law and the Daniels Working Group on
off-sales.
Commenting on the Executive's White Paper, Justice
Minister Cathy Jamieson said:
"Scotland has always had an uneasy relationship with
alcohol. It may provide us with our national drink but it
also provides us with real national problems. That is why
our licensing laws need to support efforts to improve the
nation's health and help break the link between excessive
drinking and crime.
"But they also need to reflect the way Scots live and
work. Our current licensing laws are out of step with
these social developments. We need new laws which reflect
modern Scotland. This package of reforms provides a
sensible way forward."
"While the vast majority of licensees comply with their
conditions of licence, it is clear that others do not take
these social responsibilities seriously. Abuses can lead
to problems - problems that can lead to public
disorder.
"That is why we will enhance monitoring of licence
conditions through the introduction of liquor licensing
standards officers. They will mediate in the first
instance and manage the relationship between the local
community and the local trade - but they will have the
power to take complaints to the local licensing board for
appropriate sanction.
"But under our proposals, new licences will only be
granted if certain conditions are applied. Local licensing
boards are best placed to take licensing decisions but
local flexibility should be supported by a national
framework.
"That is why we intend to specify national licence
conditions on some issues, such as a requirement that all
premises operate a 'no proof no sale' initiative -
protecting responsible retailers and helping break the
supply of drink to vulnerable young people. In addition,
the type of irresponsible drinks promotion that encourages
people - particularly young people - to drink excessive
amounts in a short period of time will be outlawed.
"We intend to require boards to make an upfront decision
on current provision in their areas - making it clear when
they feel a saturation point has been reached. I know that
many people feel frustrated when they see yet another pub
or off-licence spring up in their area without them knowing
about it - particularly as the area outside pubs and
off-licences can become hotspots for groups of
troublemakers.
"By making that assessment and by widening the range of
individuals and organisations who have a right to object to
the granting of a licence, boards will be taking account of
local feeling. This does not amount to a veto - but it
does help ensure that community views are heard before the
Board takes a decision."
She concluded:
"Our proposals recognise that the vast majority of Scots
are able to drink responsibly and that any changes must
support the majority. But I am also clear that increasing
flexibility in the licensing system must not be confused
with a relaxed approach to enforcement.
"Our proposals aim to protect the health of individuals
and the wellbeing of communities. They aim to support
residents and visitors to take a drink in a social,
sensible and safe way. A modern, efficient and effective
licensing system that contributes to a safer, stronger
Scotland."
Consultation on the proposals will run until 31 August
2004.
An Expert Working Group will be established to advise on
areas such as: defining irresponsible promotions; use of
Statutory Ministerial Guidance; licences, specifically
Standard National Licensing conditions; sanctions and
penalties; governance issues for Liquor Licensing Standards
Officers; procedural issues for Boards; fee review.
The report of the Nicholson Committee is available at
http://www.scotland.gov.uk/00017590
The report of the Daniels Working Group on Off-Sales is
available at
http://www.scotland.gov.uk/00018764
Ministers have already stated that they endorse the
licensing principles identified by the Nicholson
Committee. These principles - against which any liquor
licence application must be measured, are: the prevention
of crime or disorder; the promotion of public safety; the
prevention of public nuisance; the promotion of public
health; and the protection of children from harm.