This item was published during the term of a previous administration that ended in April 2007
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Timetable for licensing transition
18/08/2005
The proposed transition period for the introduction of a
new licensing regime will be around 18 months from February
2008, it was announced today.
The Executive does not propose to create a two-tier
system with some continuing to operate under their existing
hours and licence conditions, known as 'Grandfather
Rights'. However, some limited concessions will be made for
existing licence holders.
All licensees in Scotland will operate under the new
system which will take effect on a single appointed day
following the transition period.
Deputy Minister for Public Service Reform George Lyon
said Ministers were committed to putting in place a regime
which will help break the link between irresponsible
drinking.
He added:
"The Executive is committed to reforming our outdated
licensing laws which are more than 25 years old and do not
reflect modern Scotland or support business development and
innovation. Scotland has an absolutely appalling record on
alcohol, the financial and human cost of irresponsible
drinking is enormous.
"Far too many Scots are drinking harder, earlier and
quicker than ever before. This has led to rising levels of
alcohol related crime, more days lost at work through
drink-related illness, and higher levels of domestic
violence - often involving children - caused by alcohol
misuse at home.
"Our Licensing Bill is making its way through
Parliament. It will support responsible members of the
licensed trade. It will protect children. And it will
protect the interests of our communities."
The Minister added:
"We have now agreed the key milestones for transition to
the new regime and have drawn up a proposed framework for
transition based on proposals from a team of clerks to
Licensing Boards and consultations with the Licensed Trade
associations. The proposed transition period would be 18
months from February 2008.
"The Executive has had many meetings with all sectors of
the industry and we have listened to representations on the
issue of Grandfather Rights.
"There will be some exemptions available to existing
licensees in relation to specific issues but the Executive
does not propose to create a two-tier system with some
continuing to operate under their existing conditions and
hours. I am sure most would agree that this would be a
recipe for confusion and this would not be helpful to
either the industry or the consumer.
"The approach we have taken takes into account the need
to see positive and far-reaching change as a result of the
introduction of a new system but also the need to act in a
way which is fair and equitable for existing
licensees."
Ministers have agreed the following key milestones for
transition to the new regime:
- By October 2006 - all accompanying regulations and
draft statutory guidance published for three month
formal consultation
- By February 2007 - regulations and guidance laid
before the Scottish Parliament
- May 2007 - Appointment of new Boards following
Local Government Elections
- June 2007 to November 2007 - Six month period for
Boards to prepare licensing policy statements and
conduct overprovision assessments. Final versions would
then be published and widely available two months prior
to the start of transition. Appointment of Licensing
Standards Officers and local Forums by Local
Authorities would also take place in this period
The Transition Team has proposed the following framework
which Ministers have endorsed:
- There would be a 'big bang' transition where all
licences under the new system and the majority of the
provisions of the Licensing Act take effect on a single
appointed day following a transition period
- The acceptable transition period would be
approximately 18 months from February 2008
- There will be no full embedded "grandfather rights"
for existing licensees in Scotland. There will be no
"grandfather right" for currently licensed hours or
extensions to those hours
There will be partial "grandfather rights" available to
existing licensees as follows:
- Exemption from the consequences of the
overprovision assessment and from the overprovision
ground for refusal of a licence where there is no
change to the size, capacity or type of operation
taking place on the premises
- Exemption from the need to provide building
standards, planning and food hygiene certificates where
transfer is on a like for like basis
- Where transfer is on a like for like basis but the
Board considers that they would nevertheless be minded
to refuse the licence on the grounds of the "location,
character or condition of the premises", but that
suitable modifications can be made to address this, the
licence must be granted and the licensee given a period
of 12 months to make the necessary modifications. If
the modifications are not made within this period the
licence would be revoked
All other aspects of the new legislation would be
applied including:
- Applications subject to decision by the Board and
open to full process for objections and
representations
- Pro forma Operating Plan and Layout Plan must be
submitted
- National Licence conditions and any additional
local licence conditions would apply
The Transition Team was established by the Executive
to develop proposals for the administrative transition to
the new regime. It was felt that Clerks to Licensing Boards
would be most able to help with this task, although
proposals have also taken into account views offered by the
key licensed trade associations. The team consists of five
clerks:
- Robert Millar, City of Edinburgh
- Stewart Ferguson, City of Glasgow
- Ian Innes, Perth & Kinross
- Walter Kilgour, North Lanarkshire
- Fiona Stewart, North Aberdeenshire
The formal remit of the team is: "To consider
transitional arrangements for the proposed new alcohol
licensing regime. The team will focus on practicalities,
working towards a realistic approach on the assumption that
this has to be achievable within current resources and is
fair, effective and workable for all involved."