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The Nicholson Committee: Review of Liquor Licensing Law in Scotland
LIST OF RECOMMENDATIONS
Chapter 2
1. Any legislation following on this report should set out certain guiding principles or objectives which are to be the underlying basis for any decisions made by licensing boards. Those principles or objectives should be: (a) the prevention of crime or disorder; (b) the promotion of public safety; (c) the prevention of public nuisance; (d) the promotion of public health; and (e) the protection of children from harm.
( Paragraph 2.23)
Chapter 3
2. The determination at first instance of applications relative to liquor licences should remain in the hands of licensing boards composed of local authority councillors.
( Paragraph 3.3)
3. (a) In a council area which has not been divided into licensing divisions a licensing board should comprise a maximum of 15 members; and in a licensing division area a licensing board should comprise a maximum of 10 members.
(b) When a board of either kind is sitting in public to consider and determine applications and other matters five members should sit for that purpose.
( Paragraph 3.6)
4. Appropriate training, of a kind prescribed and approved in regulations, should be made available to all members of licensing boards. That training should include (a) instruction in licensing law; (b) instruction in best practice for the management and operation of licensed premises, including an awareness of public order and public health issues; and (c) instruction in good and acceptable judicial behaviour.
( Paragraph 3.10)
5. Some provision should be made to cater for the possibility that, on account of changes in board membership following upon Council elections, it may not have been practicable for all of those who are to sit for the disposal of applications and other matters to have received appropriate training prior to the date of that sitting.
( Paragraph 3.11)
6. Provisions of the kind presently found in section 2 of the 1976 Act (disqualification of interested persons) should be replicated in any legislation which follows on from this report.
( Paragraph 3.12)
7. It should continue to be an offence for an applicant to attempt to influence a member of a licensing board to support his application (1976 Act, s. 19). However, it should also be an offence for an objector to attempt to influence a member of a licensing board to support his objection.
( Paragraph 3.13)
8. Once elected, the chairman of a licensing board should continue to hold that office until a new board is elected following upon a council election.
( Paragraph 3.14)
9. (a) Licensing boards should no longer be required to hold meetings in January, March, June and October each year. Instead they should hold meetings, and adjourned meetings, as and when they are required.
(b) Regulations should prescribe time scales within which business of various classes must be dealt with; and those regulations should also prescribe the amount of notice which must be given for board meetings of different kinds.
(c) Provision should be made to enable certain classes of business to be delegated to the clerk of a licensing board.
( Paragraph 3.15)
10. In every licensing board area there should be a statutory licensing forum consisting of members drawn from a variety of backgrounds with an interest in the licensing system. The function of such forums should be to keep the licensing system in the area in question under regular review, to consider the implications of relevant local police and health data and statistics, to meet the local licensing board at least once each year, and to advise the licensing board in relation to any matters of concern other than individual current licensing applications. A licensing board should be under a duty, when formulating its policy in relation to any matter bearing on its functions, to have regard to any advice given, or views made known, by the local licensing forum; and, where a board decides to ignore any such advice or views, it should be under a duty to give its reasons for doing so.
( Paragraph 3.18)
Chapter 4
11. (a) The existing system of licences should be replaced by a system consisting of a premises licence authorising the sale or supply of alcohol in the named premises, and a personal licence authorising the person named in the licence to manage and to operate licensed premises and to sell or supply alcohol without supervision.
(b) An application for a premises licence should be accompanied by an operating plan or schedule setting out in detail the nature of the operations to be conducted in the premises, and by a layout plan setting out the precise location and extent of items such as bar counters, display shelving, etc. That plan or schedule should also name a designated personal licence holder who would be responsible on a day-to-day basis for conducting the business in the premises in a manner consistent with the terms and conditions of the licence and in accordance with licensing law and with the promotion of the licensing principles. In a case where there has been a provisional grant of a premises licence regulations should specify a time prior to the opening of the premises by which intimation of the name of the designated personal licence holder must be made to the licensing board.
(c) Once granted, a premises licence should continue in force for an unlimited period of time, and without any requirement for periodical renewal. However, it would come to an end if the premises in question ceased to be used for the purpose for which the licence was granted. It would also require variation in certain circumstances such as a change in the ownership of the premises or a change in the nature of the operations being conducted in the premises in question. It could also be varied, suspended, or indeed revoked, in the event of a complaint being upheld by a licensing board.
(d) A personal licence should authorise the holder of such a licence to manage and operate licensed premises, to sell or supply alcohol without supervision, and to supervise others.
(e) In order to obtain a personal licence application should be made to the licensing board in the area where the applicant is ordinarily resident. Such a licence should be granted if it appears to a licensing board that the applicant is aged 18 or over, that he or she possesses a licensing qualification, that no personal licence held by him or her has been forfeited in the immediately preceding five years, and that he or she has not been convicted of any relevant offence. There should be a central register of personal licence holders.
(f) For the foregoing purpose "licensing qualification" should mean a qualification of a kind to be prescribed in regulations and which is appropriate for the kind of licensed activity which the applicant proposes to undertake.
(g) Where it appears to a licensing board that an applicant has been convicted of a relevant offence the board should consult the Chief Constable for the area, and it should be open to him to object to the grant of a licence on the ground that the applicant is unlikely to operate licensed premises in a manner which is consistent with the promotion of the licensing principles.
( Paragraph 4.10)
12. (a) Legislation should authorise the making of regulations setting out standard conditions which must be attached to all premises licences.
(b) Where an application has been made for a premises licence it should be open to a licensing board to modify, or to add to, the terms set out in the operating plan or schedule in order to give effect to the board's declared policies and to promote the licensing principles. The foregoing power should be available to a board regardless of whether or not any of those entitled to do so have lodged objections or representations in respect of the application.
(c) A decision by a licensing board to modify, or add to, a term in an operating plan or schedule, and a decision not to do so notwithstanding objections or representations to that effect, should be subject to appeal.
( Paragraph 4.15)
13. (a) In the interests of public safety all applications for a premises licence should be accompanied by a certificate of suitability from the relevant fire authority.
(b) Steps should be taken to make it a statutory requirement for fire authorities to consider an application for such a certificate in respect of premises which are to be used for the sale or supply of alcohol and, where appropriate, to grant it.
(c) In appropriate cases a licensing board should be entitled to require the fire authority to specify a safe maximum capacity for specified premises and, where that has been done, a board should be entitled to make it a condition of a premises licence that the specified maximum capacity should not be exceeded
( Paragraph 4.18)
14. (a) It should be a requirement that any application for the grant or provisional grant of a premises licence (including a licence in respect of off-sales) should, as appropriate, be accompanied by certificates from the relevant authority in respect of planning, building control and food hygiene.
(b) It should be competent for a licensing board to attach to a premises licence additional terms or conditions relative to such matters where that is advised by the relevant authority or where that is necessary or desirable for the purposes of licensing law and for the promotion of the licensing principles.
( Paragraph 4.20)
15. In addition to the requirement that personal licence holders should hold an appropriate and approved qualification encouragement should also be given to the practice of having appropriate training for all who work in licensed premises whether as servers, door stewards or whatever. Appropriate training courses should be given official accreditation, and the courses so accredited should be specified in regulations.
( Paragraph 4.22)
16. It should remain possible for licensees to employ from time to time casual staff who have not undergone formal training and who do not possess any prescribed qualification: but any such members of staff should be given basic instruction by the designated personal licence holder before starting work, and they should at all times be under the supervision of someone who is fully trained.
( Paragraph 4.23)
17. There should be a simple procedure whereby, if a premises licence holder wishes to have the terms or conditions attaching to his licence varied, he can apply to the licensing board with a view to that being done. Any such application should be publicised in the normal way so that those entitled to object may have an opportunity to do so.
( Paragraph 4.24)
18. If the new system of premises and personal licences which we have recommended is to come into existence there should be transitional provisions designed to ensure a smooth change to that system. Care should be taken to ensure that any transitional arrangements are of a kind which do not swamp licensing boards with an unmanageable quantity of business within a short period of time.
( Paragraph 4.25)
19. A guide for premises and personal licensees in Scotland should be prepared, and a copy of it should be provided to every licence holder. The guide should set out in detail what a licensee is, and is not, permitted to do in terms of his licence; it should explain any terms, conditions or precautions which are obligatory in terms of a licence; it should describe the procedures which may be followed in order to ensure compliance with those terms, conditions or precautions; and it should set out the penalties or other sanctions to which a licence holder may be subject in the event of infringement.
( Paragraph 4.27)
Chapter 5
20. (a) The present system of statutory permitted licensing hours should be abolished and should be replaced by a system under which there will be no statutorily prohibited hours; and actual opening hours will be those authorised, upon application, by a licensing board.
(b) Licensing boards should be entitled either to authorise the opening hours applied for or to authorise any other opening hours that appear to be appropriate having regard to their general declared policy and to the need to promote the licensing principles.
(c) Once opening hours have been authorised by a licensing board they should remain effective while a premises licence is in force; but it should be open to a licence holder at any time to apply for a variation of the authorised opening hours. It should also be open to a board to vary those hours if, upon a complaint having been made, it is satisfied that such a variation is necessary for the promotion of the licensing principles.
( Paragraph 5.7)
Chapter 6
21. It should not be lawful for a local authority to hold a premises licence in its own name. All local authorities which presently hold liquor licences in respect of premises owned or leased by them should in future make other arrangements. Such arrangements might involve the catering, and in particular the licensed part of the operations, in such premises being placed in the hands of third parties by virtue of franchise, lease, or other similar arrangements so that in future any premises licence can be applied for, and held, by the relevant franchisee or tenant rather than the local authority.
( Paragraph 6.3)
22. Procedural provisions relative to licensing applications and other licensing matters, should be set out in self-contained form, preferably as rules introduced by secondary legislation.
( Paragraph 6.4)
23. Procedural rules relative to proceedings before licensing boards should contain prescribed forms to be used by applicants and objectors, with those forms being standard in all licensing board areas.
( Paragraph 6.5)
24. The prescribed forms to be used by applicants and objectors should be available at council offices. However, they should also be available in electronic form: and provision should be made allowing them to be submitted to licensing boards in electronic form.
( Paragraph 6.6)
25. A booklet which sets out in clear and simple terms the relevant law and the procedures to be followed in proceedings before licensing boards should be prepared by the Scottish Executive; and it should be available to applicants and objectors at council offices, at other places such as public libraries, and on the Scottish Executive website. Consideration should be given to the desirability of making that booklet available in at least some minority languages.
( Paragraph 6.7)
26. The provisions of section 11 of the 1976 Act relative to applications by non-natural persons need not be repeated in any new legislation.
( Paragraph 6.8)
27. Lists of applications published in local newspapers should group the premises to which the applications relate by postcode number.
( Paragraph 6.9)
28. Objectors to a licensing application should no longer be required themselves to intimate their objection to the applicant. That duty should be undertaken by the licensing board which is to consider the application and the objection, and intimation by the licensing board should be made within a time scale to be prescribed in regulations.
( Paragraph 6.10)
29. (a) If the new system of premises licences which we have recommended were to be introduced there would be no need to replicate the existing provisions relative to the renewal of licences.
(b) An application for renewal of a personal licence should be made to the licensing board which originally granted that licence, and it should be intimated to the chief constable for that area; and, if the applicant is currently working in the area of a different licensing board, the application should also be intimated to that other licensing board and to the chief constable of that other area.
(c) The licensing board for the area where the applicant is currently working, and the chief constable for that area, together with the chief constable for the area where the application is to be considered, should be entitled to make representations to the board which is to consider the application to the effect that the granting of the application would undermine the licensing principles.
(d) Where no such representations have been made, any application for renewal should be dealt with administratively by the clerk of the licensing board in question; but, where such representations have been made, the board should hold a hearing to dispose of the application.
( Paragraph 6.11)
30. Subject to any necessary modifications the existing provisions for the provisional grant of a licence (1976 Act, s. 26) should be replicated in any new legislation.
( Paragraph 6.12)
31. The list of statutory objectors should be confined to those individuals or organisations who are not normally involved in the licensing process but who may wish to object to the grant of a particular application. There should be a separate list of those with a continuing interest in the licensing process who may submit observations or representations regarding an application or applications.
( Paragraph 6.21)
32. The following should be statutorily entitled to object to the grant of an application for a premises licence - (a) any persons who own, are tenants of, or reside in property ituated in or near the neighbourhood of the premises to which an application relates, together with any body or organisation which represents, or bears to represent, people of the foregoing category;
(b) a community council for the area in which the premises are situated; and
(c) any body representing an established religion where that body owns or occupies property in or near the neighbourhood of the premises to which the application relates.
( Paragraph 6.23)
33. A local authority should no longer be a competent objector to a licensing application.
( Paragraph 6.24)
34. (1) The following should be entitled to submit observations or representations to a licensing board in respect of any application -
(a) the chief constable;
(b) the fire authority; and
(c) any official of the local authority who, by reason of his office, has an interest in any aspect of an application.
(2) Any observations should be lodged with the clerk of the board within such time limit as may be prescribed in regulations; and it should be the duty of the board to intimate such observations to the applicant forthwith.
(3) Notwithstanding the foregoing it should be competent for the board to entertain observations, lodged at any time before the hearing, if the board is satisfied that there is sufficient reason why due notice and intimation of the observations could not be given; but in that event the board should consider whether, in the interests of justice, an adjournment of the hearing should be granted so as to allow the applicant to consider and, as appropriate, to respond to the observations.
(4) A licensing board should have regard to any observations submitted by any of those entitled to do so, and should be entitled to impose or vary terms in a premises licence on the basis of such observations, but it should not refuse to grant an application on any ground other than those prescribed by statute.
( Paragraph 6.26)
35. Even in the absence of objections or formal observations or representations a licensing board should be obliged to consider an application for a premises licence on its merits; and, if the board concludes that there are grounds for refusing the application, it should be entitled to take that course.
( Paragraph 6.28)
36. (1) There should be a general ground for refusing to grant a premises licence, namely that the operation of the premises for the sale or supply of alcoholic liquor would undermine the promotion of the licensing principles.
(2) Without prejudice to the foregoing generality the following should be grounds for refusal, namely (a) that the premises to which an application relates are not suitable or convenient for the sale of alcoholic liquor having regard to their location, their character and condition, the nature and extent of the proposed use of the premises, and the persons likely to resort to the premises; and (b) that, having regard to the type, number, size and capacity of licensed premises in the locality at the time when the application is considered, the grant of the application would be likely to undermine the promotion of the licensing principles.
( Paragraph 6.36)
37. Licensing boards should be under a statutory duty to issue policy statements which give a broad indication of the policy which is likely to be adopted in relation to the operation of the licensing system within their respective areas.
( Paragraph 6.39)
38. Provision should be made to enable Scottish Ministers to issue, and from time to time revise, guidance to licensing boards on the discharge of their functions; and licensing boards should have regard to such guidance when formulating or revising their own policy statements.
( Paragraph 6.40)
Chapter 7
39. (a) Licensing boards should employ persons to be known as Liquor Licensing Standards Officers whose functions will be to supervise and monitor the operation of the licensing system in a licensing board area.
(b) Those Officers should have a statutory right of entry to all licensed premises.
(c) The main functions of Liquor Licensing Standards Officers should be to co-operate with licensees in order to assist compliance with terms and conditions attached to a licence, and to report to the licensing board any persistent or serious cases of non-compliance.
(d) The National Licensing Forum should give consideration to the role of Liquor Licensing Standards Officers and to their effective liaison with those other officials who are entitled to enter and to inspect licensed premises.
( Paragraph 7.5)
40. A procedure should be devised to enable licensing boards to hold a hearing for consideration of any complaint brought to their notice by a Liquor Licensing Standards Officer or by any person entitled to make observations or representations in respect of, or to object to, an application for a licence. The details of any such complaint should be made known to the licensee concerned by the licensing board at the time when it is intimating a date for a hearing.
( Paragraph 7.7)
41. Licensing boards should have available to them a range of sanctions in respect of premises licences in order to deal appropriately with cases where there has been a failure to comply with the terms and conditions of the licence. In determining the appropriate sanction licensing boards should consider what is necessary in order to promote the licensing principles. The available sanctions should range between a formal warning or admonition to revocation of a licence.
( Paragraph 7.13)
42. Where a sanction involving closure of licensed premises for any period, or a reduction in authorised hours, has been imposed by a licensing board, and the premises licensee concerned has marked an appeal against that decision, he or she should be entitled to apply to the local sheriff for interim suspension of the sanction pending disposal of the appeal. However, where interim suspension is not granted, the sanction should remain effective pending the determination of any appeal.
( Paragraph 7.14)
43. (a) Where a personal licence holder is convicted of a relevant offence the licensing board for the area in which that person is working should hold a hearing in order to determine whether the personal licence should continue in force. The licensing board should be entitled, where it considers that it is necessary for the promotion of the licensing principles, to order forfeiture of the licence or to order its suspension for a period not exceeding six months.
(b) If possible, arrangements should be made to link a computerised database of personal licence holders to the database held at Scottish Criminal Records Office so that a relevant conviction can be instantly identified. It should then be for the relevant chief constable to bring that offence to the notice of the appropriate licensing board.
(c) Where a personal licence holder has been convicted of a relevant offence the appropriate licensing board should be entitled to call the premises licence holder to a hearing to determine whether a variation of the terms of that licence is necessary for the promotion of the licensing principles.
(d) The Lord Advocate and Scottish Ministers should give consideration to the formulation and publication of a clear policy relative to the question whether a licensing board should, or should not, be entitled to take note of a pending charge relative to a relevant offence prior to guilt of that charge having been established by a court of law.
( Paragraph 7.20)
44. Where a personal licence holder has not been charged with or convicted of a relevant offence but is found by the licensing board for the area where he is working to have failed to carry out his duties in an acceptable manner which is consistent with the licensing principles, the licensing board should be entitled to impose a sanction which is necessary for the promotion of the licensing principles. Such a sanction may involve forfeiture or suspension of the licence, but it should also be open to the board to impose a much lesser sanction such as an admonition or an endorsement of the personal licence. Any such admonition or endorsement should be capable of being taken into account by a licensing board in the event of it having to consider any subsequent failure on the part of the licence holder in question. However, it should no longer be capable of being taken into account after the expiry of a period of 10 years.
( Paragraph 7.21)
Chapter 8
45. (a) The fees payable in respect of liquor licences should continue to be fixed centrally by means of a statutory instrument or other order.
(b) The fees determined as above should, so far as is practicable, be of an amount which will make the licensing system self-financing.
(c) Consideration should be given to devising a system of fees in respect of premises licences which will distinguish between premises of different size and capacity.
(d) The level of fees should be reviewed regularly, preferably annually but no less than every two years.
( Paragraph 8.7)
Chapter 9
46. (a) Registered clubs should be brought within the general licensing system recommended in this report.
(b) The licensing regime for clubs should be the same as for other premises which will have a premises licence, but subject to any different provisions which are necessary in order to recognise the special character of clubs.
( Paragraph 9.5)
Chapter 10
47. A National Licensing Forum should be established. Its members, who should be appointed individually by the Minister for Justice or the Minister for Health, should be drawn from a wide range of relevant backgrounds. The Forum should meet periodically under the chairmanship of the Minister for Justice and the Minister for Health, or one or other of them, and its task should be to keep licensing law and practice under constant review, and to offer advice to Ministers as to ways of dealing with emerging problems or difficulties.
( Paragraph 10.6)
Chapter 11
48. An appeal against a decision taken by a licensing board should in future be heard by the sheriff principal within whose sheriffdom that licensing board is located.
( Paragraph 11.6)
49. All decisions taken by a licensing board, other than purely procedural ones, should be open to an appeal to the sheriff principal.
( Paragraph 11.7)
50. An appeal to the sheriff principal should proceed by means of stated case.
( Paragraph 11.10)
51. Notwithstanding our recommendation that appeals should proceed by means of stated case there should be continuing provision enabling a person who is dissatisfied with a decision taken by a licensing board to request a statement of reasons from the board prior to marking any appeal.
( Paragraph 11.11)
52. As at present, a licensing board should be entitled to be a party to any appeal.
( Paragraph 11.12)
53. There is no need to repeat the present provision which appears to permit a chief constable to be a party to an appeal even where he had not participated in the original proceedings before the licensing board.
( Paragraph 11.13)
54. The grounds of appeal against a decision of a licensing board as presently set out in heads (a) to (c) of section 39(4) of the 1976 Act should be retained. However, the ground set out in head (d) should be replaced by one which reflects the concept of proportionality as developed in the jurisprudence of the European Court of Human Rights.
( Paragraph 11.14)
55. It should no longer be competent for an appellate court to hear evidence by or on behalf of any party to an appeal.
( Paragraph 11.16)
56. On upholding an appeal the appellate court should, as at present, be entitled (a) to remit the case to the licensing board for reconsideration of its decision, or (b) to reverse or modify the decision of the licensing board.
( Paragraph 11.17)
57. The present right of appeal to the Court of Session on a point of law only should be retained.
( Paragraph 11.18)
Chapter 12
58. (a) There should be a standard condition attached to all premises licences to the effect that nothing must be done in connection with the business of the premises, whether by way of promotional advertising, by way of offering discounted prices, or in any other way, which encourages excessive consumption of alcohol and which thereby prejudices, or is likely to prejudice, the licensing principles. Such a standard condition might also require that a prescribed minimum amount of material promoting sensible drinking should be displayed in a prominent place in all licensed premises, and that reasonably priced non-alcoholic drinks should be readily available at all times.
(b) Where an apparent breach of the foregoing condition is brought to the notice of a licensing board, and it is satisfied after a hearing that the breach has been established, it should be entitled to impose an appropriate sanction having regard to the need to promote the licensing principles.
( Paragraph 12.9)
Chapter 13
59. (a) There should be a statutory presumption to the effect that persons under the age of 18 have a full right of entry to licensed premises of any kind.
(b) That presumption should, however, be subject to such restrictions as appear in a premises licence with those restrictions having been proposed in the operating plan accompanying an application for a premises licence, and having been authorised, with or without modification, by the relevant licensing board.
(c) Notwithstanding the foregoing, it should be open to any applicant for a premises licence to opt out of the statutory presumption and to state in his operating plan or schedule that persons under the age of 18 will not have a right of access to his premises or to specified parts of them.
(d) The National Licensing Forum should, at an early stage in its existence, devise appropriate guidance in relation to the restrictions which are likely to be appropriate for premises of different types, and they might offer that guidance in the form of a list of standard conditions which are to apply in premises to which children have admission. As necessary, Ministers might also offer national guidance on such matters.
(e) The foregoing recommendations should replace all existing provisions relative to the presence of persons under the age of 18 in licensed premises.
( Paragraph 13.11)
60. (a) Current prohibitions on the sale or supply of alcohol to persons under the age of 18 should be retained. Persons under that age should not be permitted to consume alcohol in any part of licensed premises; but a person of the age of 16, but below the age of 18, should continue to be entitled to purchase beer, wine, made-wine, cider or perry for consumption with a meal in any part of licensed premises which has not been excluded by the terms of the relevant premises licence. Since they are now virtually unknown to the licensed trade it is for consideration whether made-wine and perry should be excluded from the foregoing list. (b) The Scottish Executive should arrange for the introduction of a national proof-of-age card which would certify that the holder is of an age when he or she is entitled to purchase or to be supplied with alcoholic liquor in licensed premises. So far as is practicable that card should be incapable of forgery, and it should be readily available, free of charge, at various places such as post offices, universities, and the like. Licensees and their staff should be entitled to refuse to serve a young person who cannot produce that proof-of-age card, but as appropriate they should be entitled to rely on any other official document such as a passport.
( Paragraph 13.19)
Chapter 14
61. Consideration should be given to the question whether the maximum penalties for the commission of offences under licensing law are set at an appropriate level, bearing in mind in particular the desirability that those penalties should have a deterrent effect in respect of the more serious offences; and an adjustment upwards should be considered in appropriate cases.
( Paragraph 14.4)
62. Provision should be made to ensure that, where a personal licence holder is convicted of a relevant offence, an extract of that conviction is transmitted forthwith to the relevant licensing board and to the relevant chief constable. For the foregoing purposes the relevant licensing board will be the one which originally granted the personal licence and, if different, the licensing board having jurisdiction in the area where the personal licence holder was working at the time of the offence in question. The relevant chief constable will be the one having responsibility for the area where the personal licence holder was working at the time of the offence in question. In the event of legislation providing for offences under licensing law which are capable of being committed by a premises licence holder there should be similar provision in respect of notification of convictions.
( Paragraph 14.6)
63. There is currently no need for express provision in primary legislation in respect of sales of alcohol arranged by telephone or through the internet; but this matter should be kept under review in the future.
( Paragraph 14.8)
64. The Licensed Premises (Exclusion of Certain Persons) Act 1980 should be amended so as to extend its scope to all licensed premises including in particular those which currently operate under an off-sale licence. Furthermore, consideration should be given to the introduction of a procedure whereby a licensee can apply for an exclusion order where a relevant offender has been convicted of a relevant offence but an exclusion order has not been sought at that time.
( Paragraph 14.11)
65. We do not consider that it is appropriate that we should make any positive recommendations regarding the current restrictions on the sale and supply of alcohol at designated sports grounds. However, we suggest that the time may now be ripe for all concerned to give consideration to whether any changes are now appropriate.
( Paragraph 14.13)
66. At the times of the year when clocks are moved forwards or backwards to accommodate the requirements of British summer time there should be uniformity of approach throughout the country as to the effect which this has on closing times. On balance we suggest that in those licensed premises which are authorised to open later than the hour when the change takes place their closing time should be determined by reference to the number of hours after midnight when they are authorised to be open rather than by the actual time shown on the clock.
( Paragraph 14.15)
67. In any new legislation following on this report there is no need for provision in the terms presently contained in section 13(1) of the 1976 Act.
( Paragraph 14.16)
68. In any case where an application for a new licence has been refused by a licensing board there should be a general embargo on the lodging of a subsequent application for no more than one year. However, where an application has been refused it should be open to an applicant, within the period of one year, to seek leave of the board to proceed with a fresh application on the basis that there has been a change of circumstances since the time when the earlier application was refused.
( Paragraph 14.18)
69. Any procedural rules designed to replicate what is presently in section 15 of the 1976 Act should require a licensing board to consider an application where an applicant or his representative for excusable reasons arrives late at a meeting; and an applicant who is otherwise represented should not be required to attend such a meeting in person unless cited to attend by the board. In the latter case, any citation should specify the purpose for which the applicant's appearance is required.
( Paragraph 14.20)
70. Any planning permission required in connection with an application for a new licence need not have been obtained by the applicant; if otherwise relevant and appropriate, certification of that permission should be acceptable where it was granted to a previous owner or tenant of the premises in question.
( Paragraph 14.21)
71. The present prohibition on the grant of a licence for motorway service stations (1976 Act, s. 28) should be retained.
( Paragraph 14.23)
72. The present provisions in sections 33 and 34 of the 1976 Act relative to occasional licences and occasional permissions should be replicated in any new legislation. However, it should be provided that an occasional licence may be granted to a personal licence holder who has the appropriate qualifications entitling him to cater for the event in question; and in the case of occasional permissions there should be a statutory definition of 'voluntary organisation'.
( Paragraph 14.25)
73. For the future there is no need to make special provision in respect of seamen's canteens, and the licensing of such premises should come within the general licensing system recommended in this report. However, prior to any final decision being taken in respect of this recommendation Ministers should consult with the Merchant Navy Welfare Board in order to ascertain whether there is any significant consideration, of a kind not made known to us, which militates against such a course being taken.
( Paragraph 14.29)
74. Notwithstanding the opening hours specified in an operating plan or schedule, and authorised in a premises licence, there should continue to be provision for 'drinking-up' time. That period should be extended to 30 minutes.
( Paragraph 14.30)
75. There should be continuing provision allowing Ministers to make special provision for the sale of alcohol at international airports and international ports. Subject to any necessary modification that provision should be along the lines of what is presently provided in sections 63 and 63A of the 1976 Act.
( Paragraph 14.32)
76. It should continue to be open to a constable of the rank of chief inspector or above to apply to a licensing board for an order, which is desirable in the interests of public order or safety, that specified premises should be closed to the public for such time of up to three hours and on such day or days as may be specified in the order. The licence holder of premises to which such an application relates should have no right to object to the application.
( Paragraph 14.34)
77. Any police officer should have a lawful right of entry into any premises in respect of which a premises or club licence is in force.
( Paragraph 14.35)
78. In the interests of public safety consideration should be given to providing the police with powers to close licensed premises when there is, or is likely to be, disorder either in or in the vicinity of those premises. Any provision to that effect could usefully be combined with provision giving effect to recommendation 76 above.
( Paragraph 14.37)
79. Subject to any necessary modifications the provisions in sections 90A and 91 of the 1976 Act relative to wholesale selling, and the delivery of alcohol by vehicles, should be replicated in any new legislation.
( Paragraph 14.38)
80. Subject to any necessary modifications the provisions in section 92 of the 1976 Act relative to the carriage of alcohol in crates on contract carriages should be replicated in any new legislation.
( Paragraph 14.39)
81. The restrictions relative to the sale of liquor on passenger vessels on Sundays which are presently provided for in section 93 of the 1976 Act should not be repeated in any new legislation.
( Paragraph 14.40)
82. There should no longer be any special provision in respect of theatres erected before January 1, 1904, and such theatres should in future fall under the general licensing system proposed in this report.
( Paragraph 14.44)
83. The provisions of section 123 of the 1976 Act relative to alcoholic liquor in confectionery should be replicated in any new legislation.
( Paragraph 14.45)
84. The provision in section 125 of the 1976 Act permitting sale out of hours on the order of certain officials need not be repeated in any new legislation.
( Paragraph 14.46)
85. The provision in section 126 of the 1976 Act relative to the burden of proof should be replicated in any new legislation.
( Paragraph 14.47)
86. The provision in section 127 of the 1976 Act creating a legal presumption as to the contents of containers should be replicated in any new legislation.
( Paragraph 14.48)
87. The provision in section 130 of the 1976 Act relative to the limitation of actions against sheriffs and others does not appear to have any contemporary relevance, and it need not be repeated in any new legislation.
( Paragraph 14.50)
88. Provision should be made to enable any notice or document to be served by fax or by e-mail as well as by post.
( Paragraph 14.52)
89. In any new legislation appropriate provision should be made in relation to the sale and supply of alcohol on aircraft, on passenger trains, and on sea-going vessels.
( Paragraph 14.54)
90. For the purposes of any new legislation there should be consultation with H.M. Customs and Excise in order to determine an acceptable and current definition of 'alcoholic liquor'.
( Paragraph 14.55)
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