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A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
BACKGROUND AND PROCESS OF WORKING
Areas of consideration
1. The Task Group was remitted to consider the adequacy of the existing licensing provisions in the 1982 Act, to take a view on whether there is a continuing need for the various activities to be licensed and, if so, whether any changes to the licensing regime are required. Additionally, we were required to establish whether there were any other areas of activity which need to be regulated. A source document for this work was the report submitted by COSLA to Scottish Ministers, which recommended a series of amendments to the 1982 Act. A copy of this report can be obtained on request from COSLA, Rosebery House, 9 Haymarket Terrace, Edinburgh EH12 5XZ (telephone 0131 474 9200 or e-mail enquiries@cosla.gov.uk).
2. At the end of 2002 Ministers extended the remit of the Task Group to consider and report back on whether there was a need to provide a licensing regime for table and lap dancing establishments. In doing so, we took cognisance of The Nicholson Committee Report on the Review of Liquor Licensing Law in Scotland and the Scottish Executive's subsequent Consultation Paper, "The Licensing Scotland Bill: a Consultation on Liquor Licensing" which was published on 17 th May 2004 in response to that Report. The outcome of our consideration is detailed at Chapter 15.
3. We also took cognisance of the Office of Fair Trading (OFT) Report on the Regulation of Licensed Taxis and Private Hire Vehicle Services in the UK published in November 2003 and the Scottish Executive's response to that Report. A link to the OFT Report; a summary of its main recommendations; and Scottish Ministers' response are detailed at Annex 3, for information only.
4. The Task Group had no remit to seek harmonisation with the other licensing systems operating within Scotland e.g. liquor licensing but, wherever possible, we took into account the differing procedures/read across in drawing up our conclusions and recommendations.
Initial Scrutiny of Provisions
5. The first major role for the Task Group was to review the rationale for licensing. We concluded that the underlying principles of licensing, as determined when the 1982 Act was first introduced, were still relevant today and that no amendments were required. These are:-
" Licensing should only be introduced where it is known to be necessary to prevent crime, to preserve public order or safety, or to protect the environment".
6. Having agreed the underlying principles, the next stage was to agree the key components which the Task Group should take into account in undertaking our work. A checklist was drawn up for this purpose:
- Review adequacy and relevance of existing provisions and proposals for change against the underlying principles for licensing.
- Consider whether there was an ongoing need to license the activity.
- Should it be mandatory/optional?
- If to be retained, is there scope for a uniform (national) licensing regime?
- Are provisions ECHR compliant?
- Do they meet the underlying principles of the Enforcement Concordat?
All such considerations were taken into account and are reflected in the Task Group's recommendations.
7. In formulating our recommendations the Task Group took the view that the 1982 Act was, in the main, a good piece of legislation which was working fairly well. However, given the passage of time since its introduction, the emergence of the Enforcement Concordat and ECHR legislation we concluded that some changes were required. Due to the technical nature and application of the Act, in submitting our recommendations for change we have assumed the reader has a reasonable understanding of the licensing provisions contained in the 1982 Act. However, we also took care to consider the impact of the licensing provisions on the general public and in doing so included the Scottish Consumer Council in our consultation process.
8. For ease of reference, the Task Group's recommendations and conclusions are detailed in a series of Chapters closely aligned to the specific licensing provisions contained in the 1982 Act. In addition there are Chapters dealing with proposed new licensing activities; table and lap dancing establishments; enforcement issues; and a summary of actions being progressed separately by the Scottish Executive.
Management of Business
9. Given the diverse range and technical nature of the licensing activities covered by the 1982 Act, the Task Group concluded at a very early stage that, rather than invite local authorities, the trades and other various stakeholders to submit representations at the outset, we would draw up our emerging findings and test these through wide consultation prior to developing and finalising recommendations for Scottish Ministers. The purpose of the consultation process was twofold. Firstly, it was to expose, test, and seek comment on emerging findings. Secondly, to seek feedback on any other proposals for change. The Task Group is grateful to those who responded to the consultation paper. The full list of respondents is detailed at Annex 2.
10. In reporting back to Scottish Ministers, we have categorised our conclusions and recommendations by (1) the provisions which require specific comment; (2) proposals for change; and (3) areas where further investigation or consideration is required by Ministers.
Leslie Evans
Chair of the Task Group
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