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THE LICENSING (SCOTLAND) BILL: AN ANALYSIS OF CONSULTATION RESPONSES
THREE: LICENSING BOARDS
6. Do you agree that Board membership should be limited to a maximum of 10?
3.1 Just under two thirds of respondents addressed this, with three quarters of the comments supportive of a maximum of ten. There appeared to be concern amongst those who agreed with the question about the minimum of five for a sitting and, across respondent types and across positive and negative answers, about the quorum figure of three, which were both deemed to be too small. All who provided an opinion on why they opposed the proposal felt that ten members was too low a number.
3.2 Anticipated effects of having a board of no more than ten members included that a small board with a low quorum could be dominated by forceful individuals; a number of smaller 'sub-boards' would be effectively created in an area, for different sittings, and certain ones might develop a reputation for being 'soft', so applications would be timed to come before them; and that it might not reflect properly the diversity of interests in the area. No alternative figures dominated the suggestions, although fifteen and twenty members were suggested recurrently.
7. What is the best way to ensure close co-operation and an effective relationship between the Licensing Board and the Licensing Forum without compromising the independent nature of either body?
3.3 Seventy consultees provided some comment on this question, although these were sometimes brief and most presented obvious pointers, such as good communication and regular meeting between the two bodies, mutual and clear understanding of the roles of each body, a small number of common members or a single common member, the same chair or vice-chair, and the LLSO to act as a conduit between the two. It was suggested that board members and the clerk should be entitled to attend forum meetings. The remits of each body would have to be clearly delineated and their relationship possibly the subject of primary or secondary legislation or a memo of understanding between COSLA and the Scottish Executive.
3.4 Several respondents stressed the importance of the board not being made answerable to the forum. Although the views of the forum should be important, they should not be decisive, nor should a board have to give reasons for observing advice from the forum or not, and the forum should not have the right to make observations or objections to an application.
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