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Statistical Bulletin CrJ/2002/2 Liquor Licensing in Scotland, 1997-2001

ANNEX

8. Notes on statistics used in this bulletin

8.1 This bulletin presents statistics on liquor licences in force in Scotland and on regular extensions to permitted hours granted, as recorded by local authority licensing boards. Statistics on the number of registered clubs are also included and have been provided by sheriff courts since 1997. Figures for the population aged 18 and over are the mid-year estimates prepared each year by the General Register Office for Scotland. (Bulletins published prior to 2001 used total population estimates).

8.2 The statistics relate to licences fully in force, including, where available, any provisional licences made final. Some authorities may have included provisional licences which had not yet been made final in their totals for 1997, which may account for the decrease reported in the total between 1997 and 1998. From 1998, the exclusion of provisional licences from the figures was specifically requested.

8.3 The central collection of licensing statistics, previously discontinued in 1982, was resumed in 1991 to assist monitoring of the effect of Part III of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990. The main reforms included the introduction of the children's certificate, which permits children under 14 to accompany adults for a meal in a public house or hotel with an environment that the licensing board considers suitable for children. Boards have also been able from 1 January 1991 to grant extensions of permitted hours for public houses on Sundays to cover the afternoon period between 2:30pm and 6:30pm and the late evening after 11pm. The 1990 Act applied a tighter control however on the granting of late night extensions, requiring applicants to demonstrate both that there is a demand for the extension in their area and that the extension will not be of detriment to the community. The collection of statistics on children's certificates was discontinued following a review of licensing statistics in 1997.

8.4 The Licensing (Amendment) (Scotland) Act 1996 introduced powers for licensing boards to impose conditions on licences for premises where certain events are likely to take place (particularly dance events). The conditions, which came into force in October 1996, are specifically for the purpose of safeguarding the health and safety of those attending the relevant event. This measure does not impact on the statistics in this bulletin.

8.5 There are various types of licence available, which authorise the holder to sell alcohol under different conditions. The definitions for these are set out fully in Schedule I to the Licensing (Scotland) Act 1976. In summary they are:

a public house licence, authorising the licence holder to sell alcohol for consumption on or off the premises.

an off-sale licence, authorising the holder to sell alcohol for consumption off the premises only.

a hotel licence, authorising the holder to sell alcohol in a hotel for consumption on or off the premises.

a restricted hotel licence, allowing the holder to:-

(i) sell alcohol to people taking a table meal there for consumption with the meal;

(ii) sell alcohol to people residing there, for consumption on the premises by them or friends entertained at their expense.

The premises cannot have a bar counter.

a restaurant licence, for premises normally used for serving meals where there is no bar counter and drink is served only with the food.

a refreshment licence, allowing cafe-style premises to serve alcoholic drinks with food, and to

admit children under 14 until 8pm, provided they are accompanied by a person of 18 or over.

an entertainment licence, intended mainly for places like cinemas, theatres and dance halls

and restricting the sale of alcohol to patrons. The sale or supply of alcohol should be ancillary to the entertainment provided.

8.6 Grounds for refusal of an application for a liquor licence under section 17 of the Licensing (Scotland) Act 1976 are as follows:

(a) that the applicant, or the person on whose behalf or for whose benefit the applicant will manage the premises or, in the case of an application to which section 11 of this Act applies, the applicant or agent named in the application is not a fit and proper person to be the holder of the licence;

(b) that the premises to which the application relates are not suitable or convenient for the sale of alcoholic liquor, having regard to their location, their character and condition, and the person likely to resort to the premises;

(c) that the use of the premises for the sale of alcoholic liquor is likely to cause undue public nuisance, or a threat to public order or safety;

(d) that, having regard to

(i) the number of licensed premises in the locality at the time the application is considered; and

(ii) the number of premises in respect of which the provisional grant of a new licence is in force, the board is satisfied that the grant of the application would result in the over provision of licensed premises in the locality.

An application may be refused on one or more of the grounds listed above.

8.7 The following symbols are used throughout the tables in this bulletin:

SCOTTISH EXECUTIVE STATISTICAL SERVICES

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ISSN 0264 1178 Price 2.00
ISBN 0 7559 2223 9
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