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THE LICENSING (SCOTLAND) BILL: AN ANALYSIS OF CONSULTATION RESPONSES
TEN: CHILDREN AND YOUNG PEOPLE
32. Do you agree that with a view to ensuring the protection of children, licensed premises should be required to 'opt-in' to the new system subject to a set of standard national conditions and a simple administrative procedure?
10.1 There were eighty-seven submissions relating to this proposal, three quarters of which were positive. A small number who agreed in part (across six categories of consultee types) qualified their response on the basis that any system should be easily accessible and simple; children should perhaps be allowed where food was the main trading purpose; while bars would need to opt-in to admitting children; hotels and restaurants could be afforded more flexibility.
10.2 Many supporters qualified their approval similarly, and suggested that conditions which would need to be observed and monitored for opt-in could include the provision of food or other services and entertainment, and time or event-based limitations on children's entrance that should be clearly and prominently displayed. One suggestion was to have a tick-box on application forms and that detailing in the operating plan how conditions for children's admittance would be met would avoid any separate, additional burden on boards and licensees. It was suggested that research should be undertaken to monitor the effects of any changes. Several consultees noted that many licensed premises would be unsuitable environments for children given the behaviours and language to which they would be exposed.
10.3 Four respondents (who submitted the same comments on this) thought that those who chose not to opt-in should be required to give reasons for this in their operating plans, a situation which seems to be neither opt-in nor opt-out, but rather demands that the admission and provision for children should be dealt with in all applications or operating plans, with opting-out the aimed-for exception to the norm.
10.4 Although a number rejected the proposal, their reasons had diverse emphases. Most referred in some way to what they thought would be a lost opportunity to foster a more radically different approach to licensing in Scotland: licensed premises should be or should aspire to be of a standard fit for children, so there should be a presumption that they could be admitted, as Nicholson had recommended, in the hope that this would support higher standards; the majority should be suitable, therefore, opt-out more logical. It was also thought that if provision for children were to be integrated into the operating plan there should be no need for any regulation.
10.5 There were major concerns about the types of conditions that could be imposed on licences which opted-in to admit children. If these were overly demanding (for example, requiring children's menus, toilets or play areas), it would be impossible or unfeasible for some premises to opt-in, especially the very kinds of venues, such as hotels and restaurants, in rural and other tourism-dependent areas, where family trade was essential. There were anxieties that draconian or 'heavy' conditions would have serious implications for the Scottish tourist trade and would do nothing to promote family-friendly venues and practices, for Scots and visitors, or contribute to changing the Scottish drinking culture.
33. Do you support a no-proof no-sale approach for Scotland, extended to all licensed premises?
10.6 There was unanimous support from the eighty-three who referred to this proposal. A few respondents suggested that a policy of checking those who appeared to be under 21 would strengthen the initiative.
10.7 Two consultees submitted comments where it was unclear whether they supported this approach in principle or not.
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