Chapter | Paragraph |
| Foreword
Committee Membership
Overview and List of Recommendations |
1 | The background to the review, our appointment, and our method of working |
The historical background | 1.1 |
The Clayson report | 1.4 |
Changes since the time of the Clayson report | 1.6 |
The immediate background to our appointment | 1.10 |
Our appointment and our approach to our task | 1.14 |
Initial consultation | 1.15 |
Sub-groups | 1.17 |
Meetings and visits | 1.18 |
Law and practice in other countries | 1.21 |
The response to consultation | 1.23 |
General thanks | 1.25 |
2 | Some background facts and our general approach |
Health issues | 2.2 |
Health problems in Scotland | 2.6 |
Binge drinking and 'happy hours' | 2.7 |
Under-age drinking | 2.8 |
Public order issues | 2.12 |
Our general approach | 2.14 |
Principles for reform | 2.21 |
3 | Licensing Boards |
Should licensing boards be retained? | 3.1 |
The ECHR | 3.2 |
A more representative tribunal? | 3.3 |
The size of licensing boards | 3.4 |
Training for members of licensing boards | 3.7 |
Disqualification of board members | 3.12 |
Canvassing | 3.13 |
Chairman of licensing board | 3.14 |
Meetings of licensing boards | 3.15 |
Local licensing forums | 3.16 |
4 | Licences |
Types of licence | 4.1 |
A premises licence | 4.4 |
Duration of premises licence | 4.5 |
A personal licence | 4.7 |
A 'relevant offence' | 4.11 |
Additional terms or conditions attached to a premises licence | 4.12 |
Permitted capacity and public safety | 4.16 |
Planning and other considerations | 4.19 |
Training of those working in licensed premises | 4.21 |
Modification of terms or conditions of a premises licence | 4.24 |
Transitional provisions | 4.25 |
A booklet for licensees | 4.26 |
5 | Licensing Hours |
The present system of permitted hours and trading hours | 5.1 |
Options for reform | 5.3 |
Our proposed system | 5.5 |
6 | Procedures before Licensing Boards |
Applications by a local authority | 6.2 |
Procedures in general | 6.4 |
Form of applications to licensing boards, and objections thereto | 6.5 |
An explanatory booklet | 6.7 |
Non-natural persons as applicants | 6.8 |
Publication of lists of applications | 6.9 |
Intimation of objections | 6.10 |
Renewal of licences | 6.11 |
Provisional grant of licence | 6.12 |
Objectors and objections | 6.13 |
Grounds for granting or refusing an application | 6.27 |
Our approach to grounds for refusal | 6.31 |
Policy statements | 6.38 |
National guidance | 6.40 |
7 | Supervision and Compliance |
A need for supervision and monitoring | 7.1 |
The means of achieving supervision and monitoring | 7.3 |
Sanctions or penalties to be available to licensing boards | 7.8 |
Sanctions in respect of premises licence holders | 7.11 |
Sanctions in respect of personal licence holders | 7.15 |
8 | Fees |
9 | Registered Clubs |
10 | A National Licensing Forum |
11 | Appeals |
The present situation | 11.1 |
Criticisms of the present arrangements | 11.3 |
The court to which an appeal should lie | 11.5 |
Decisions against which an appeal may be taken | 11.7 |
Form of appeal | 11.8 |
Participation in appeal hearings | 11.12 |
Grounds of appeal | 11.14 |
Other matters | 11.15 |
12 | Irresponsible Promotional Activity |
The nature of the problem | 12.1 |
Our approach to the problem | 12.5 |
13 | Children and Young Persons |
Access to licensed premises, and access to alcohol | 13.1 |
Access to licensed premises | 13.2 |
Our approach | 13.6 |
Sale and supply of alcohol to, and its consumption by, persons under the age of 18 | 13.12 |
14 | Miscellaneous Matters |
Offences | 14.2 |
E-commerce | 14.7 |
Exclusion from licensed premises | 14.9 |
Supply of alcohol at sports grounds | 14.12 |
British summer time | 14.14 |
Order of dealing with applications | 14.16 |
Application for new licence where previous application refused | 14.17 |
Attendance at meeting of licensing board | 14.19 |
Planning permission | 14.21 |
Premises on special roads, and premises associated with filling stations | 14.22 |
Occasional licences and occasional permissions | 14.24 |
Reconstruction, and structural alterations on renewal, of certain licensed premises | 14.26 |
Regulations and byelaws | 14.27 |
Seamen's canteens | 14.28 |
Drinking-up time | 14.30 |
Seasonal licences | 14.31 |
International airports and international ports | 14.32 |
Restriction orders | 14.33 |
Temporary restriction of permitted hours | 14.34 |
Police entry into premises | 14.35 |
Order to close licensed premises | 14.36 |
Wholesale selling, and delivery of alcoholic liquor by vehicles, etc. | 14.38 |
Restriction on carriage of alcohol in crates, etc., on contract carriages | 14.39 |
Sale of alcoholic liquor on passenger vessels on Sundays | 14.40 |
Sale or supply for consumption outside registered club | 14.41 |
Prohibition of sale or supply of alcoholic liquor in licensed canteens for consumption off the premises | 14.42 |
Consumption in, taking away of, and selling liquor from, off-sale premises | 14.43 |
Sale or supply of alcoholic liquor in certain theatres | 14.44 |
Alcoholic liquor in confectionery | 14.45 |
Supply on order by certain officials | 14.46 |
Burden of proof | 14.47 |
Presumption as to contents of containers | 14.48 |
Trial of offences | 14.49 |
Limitation of actions against sheriffs, etc. | 14.50 |
Betting and gaming licences and permits | 14.51 |
Notices, etc. | 14.52 |
Exemptions | 14.53 |
Interpretation | 14.55 |
Appendix A Consultees Who Responded in Writing |
Appendix B Organisations Which Attended Oral Evidence Sessions |
Appendix C The Human Rights Act and Related Issues |
| Why it is necessary to consider this matter | 1 |
Licensing Boards - compatibility with ECHR | 6 |
Civil rights and obligations | 7 |
An independent and impartial tribunal | 10 |
Right of appeal | 17 |
Our view and our approach | 26 |
The scope of an appeal | 30 |
The significance of the Daly case for licensing law | 37 |
Acts of public authorities | 39 |