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Off-sales in the Community
Chapter 5: Recommendations
The Group is in broad agreement with the proposed licensing system envisaged by the Nicholson Committee and set out in its recommendations.
The Group supports the Minister for Justice's statement that there is little or no argument for any premises to routinely sell alcohol throughout the day and night.
Our recommendations are as follows -
Communities
1. The scope of those able to object to a new application for a premises licences should be simplified and widened to anyone who can demonstrate a real and material interest and should include the right to make representations, using the relevant provisions of the Civic Government (Scotland) Act 1982 as a model.
2. Consideration should be given to the drawing up of a list of persons or bodies with whom licensing boards would be required to consult on applications. These persons or bodies would be known as statutory consultees and they would be able to submit both objections and representations on applications.
3. Consideration should be given to how to deal equitably with applications to vary an operating plan and under what circumstances the variations are requested. The scope for objections and representations to be made should be linked to the materiality of the proposed variation.
4. Community councils should be one of the statutory consultees recommended above.
5. An A3 pro-forma notice should be displayed by the applicant outside the premises. The notice should take a recognised form (such as that set out in Annex B) and this form could be set out by the proposed National Licensing Forum.
6. It should become mandatory for licensing boards to display application lists on their websites by 2005.
7. There should be a requirement that a notice should be displayed at the premises for 21 days beginning with the date on which application is made. There should be a requirement for objections or representations to be made within 21 days of the applicant displaying the notice.
8. A minimum of 7 days' notice should be given to all parties of a board meeting where an application will be discussed.
9. Objections and representations could in future be notified by hand, post, fax or e-mail.
10. The late objection provisions of the Civic Government (Scotland) Act 1982 should be adopted for liquor licensing applications.
11. There should be a suitable provision to cover procedural failures by applicants, those making objections or representations and clerks.
12. National Guidance should be issued by the proposed National Licensing Forum with the aim of making the process of appearing at a licensing board hearing less intimidating and more consistent.
13. The proposed local licensing forums should be independent of the licensing boards.
14. Suitable training should be made available to the members of the proposed local licensing forums.
15. The proposed liquor licensing standards officers should actively participate with the local licensing forums, attending meetings and presenting the forum with relevant information.
Enforcement
16. We support the Nicholson recommendation for a Government accredited national proof of age card and believe that the co-branded local authority/Young Scot Card issued through Dialogue Youth would be suitable for this purpose if it could be extended up to the age of 25 in each local authority area. Ministers should consider the potential of the Dialogue Youth card. However, any card that is used for proof of age purposes, should be holographic kite-marked and display the person's age.
17. Scottish Ministers should endorse and promote a No Proof No Sale initiative for Scotland. Proof should be restricted to a single widely accepted proof of age card, a passport and the new style photographic driving licence.
18. We are attracted to the idea of test purchasing within an environment which offers support to the licence holder (such as proof of age cards). However, we recognise that this is a matter for the Lord Advocate and we recommend that, in considering the results of the current pilot in relation to the test purchasing of tobacco products, he should consider whether a similar approach would work in relation to the sale of alcohol.
19. We agree that the police should have the same access to all licensed premises. We also agree that the police powers of closure should be updated.
20. The clause concerning the 'Keeping of smuggled goods' in the Licensing Act 2003 is worthy of inclusion in a licensing bill for Scotland.
21. The Licensed Premises (Exclusion of Certain Persons) Act 1980 should be amended to allow exclusion for disorder in 'or associated with' a licensed premises. As a stop gap measure, appropriate guidance or training should be provided to prosecutors, judges and justices to raise awareness of the existence of these powers to make such orders.
22. There is a need for a dedicated section, located within local authorities, with the knowledge and skills to deal with applications for Anti-Social Behaviour Orders. Anybody implementing the ASBO should keep the person requesting the order informed of its progress. Guidance should be made freely available to the licence holder on what is needed and how to go about applying for an ASBO.
23. The Executive should consider producing a new model byelaw on public drinking, using South Ayrshire's present byelaw as a template. It should be publicised on the basis that each Council should consider whether the byelaw would be useful in their area.
24. Chief Constables should give consideration to the priority their forces give in responding to the problems generated by anti-social behaviour around off-sale premises.
25. Liquor licensing standards officers (LLSOs):
- should have an educational and mediation role in addition to their monitoring role;
- should be independent of the licensing boards;
- should be employed by the local authority rather than the licensing board;
- should have a job description and specification which follows a national template produced by the proposed National Licensing Forum and which includes minimum qualifications; and
- should undertake training including diversity and racial awareness training.
26. The Scottish Executive should consider what measures it might take to address binge drinking and prevent irresponsible promotions.
27. Training courses should be mandatory for personal licence holders and appropriate on site training provided for all other employees with refresher training being undertaken every five years. Failure to undertake or complete refresher training should lead to licence suspension.
28. Ministers should look to implement a graduated penalties system and any such system should come with guidance to the licensing board on its operation.
29. In respect of the appeals process, as an alternative to the Nicholson recommendation which would see immediate closure prior to a hearing on interim suspension by the Sheriff Principal, the sanction should not begin until the hearing regarding the interim suspension has taken place.
30. The Executive should undertake financial modelling to determine the extent to which costs can be recouped through licensing fees and what additional provision should be made in the local government finance settlement.
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