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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
14. PROPOSED NEW LICENSING ACTIVITIES
14.1 In addition to considering the adequacy of the existing licensing provisions, the Task Group was remitted to consider whether there were any other activities which should be regulated. In doing so, it took account of the proposals contained in the COSLA report and responses to the consultation. However, some of the proposals contained in the COSLA report, or proposed by respondents to the consultation paper, are already being pursued by the Scottish Executive and the Task Group considered that in such instances it would be inappropriate for it to offer any comment. The details of these and the current state of play on each are detailed in Annex 1 of this Report. Additionally, the COSLA recommendation on the regulation of car boot sales is covered in Chapter 7 (Market Operators) and table and lap dancing establishments are dealt with separately at Chapter 15.
ONE-DAY SALES
14.2 The COSLA report recommended that Section 44 of the 1982 Act should be used to introduce a new system of prior registration for one-day sales. The intention behind this being to ensure that Trading Standards Officers are alerted to enable them to enforce the relevant legislation - the very nature of these sales being such that Trading Standards Officers are often unaware that these events are taking place. However, we noted that Section 44 can only be used to introduce licensing provisions for new activities, and could not be used to introduce a registration scheme such as the one proposed by COSLA. The Task Group then considered whether it would be appropriate to introduce a new licensing regime to cover this activity. However we considered that, on balance, this would be inappropriate, not least the difficulties which would be encountered in getting the organisers to comply, and despite the fact that, as things currently stand, many consumers suffer at the hands of some very unscrupulous traders. The Task Group felt that the majority of the problems associated with these sales were consumer protection and trading standards issues and thus could not be addressed through the 1982 Act. As such the Task Group are of the view that the Scottish Executive should discuss this issue with the Department of Trade & Industry (DTI) who are responsible for consumer protection and trading standards issues with a view to tackling collectively the problems associated with one-day sales.
Recommendation
While the Task Group concluded that a registration or licensing scheme for one-day sales is not appropriate, we recommend that representations are made to the DTI by the Scottish Executive outlining their concerns about the lack of protection currently afforded to consumers at one-day sales with a view to determining what action should be taken
CAR & MOTOR AUCTIONS
14.3 The Task Group did not support COSLA's proposal that an across-the-board power to license brokers and agents be introduced ( see Chapter 3). However, we took the view that in light of the particular problems involved in car and motor auctions, and the relatively large amounts of money involved, that there was good reason to consider these as a 'special case'. We considered that there are a number of crime related problems, affecting both the buyer and the seller of a car, which could usefully be tackled by the introduction of a licensing scheme. These include 'false bids', 'round the back sales' and the auctioning of 'ringed' vehicles. We took the view that the threat of the removal of the proposed licence would be sufficient to ensure that the operator acts to deter the criminal element. The majority of respondents who commented on this during the consultation process supported the Task Group's emerging conclusions for the introduction of a licensing regime.
14.4 In view of the above, the Task Group were initially minded to recommend the introduction of an optional licensing scheme for the auctioning of all car and motor vehicles, but excluding goods such as farm equipment. However we were made aware that under the provisions of the Scotland Act 1998 such matters would be considered as being reserved to the Westminster Parliament. Consequently the Task Group concluded that in order that further consideration can be given to this proposal the Scottish Executive should raise the matter with the DTI.
Recommendation
The Task Group concluded that action is required to regulate car and motor auctions, but that due to the fact that such matters are considered to be reserved to the Westminster Parliament such licensing could not be introduced via the 1982 Act. However, we recommend that the Scottish Executive submit representations to the DTI outlining their concerns and suggesting that consideration be given to the introduction of a licensing scheme.
NOTE
As a result of the consultation process a number of other proposals for the introduction of licensing regimes were submitted e.g. the use of bouncy castles, bungee runs, bucking broncos, motor racing circuits, etc but following its consideration of each the Task Group concluded that a licensing regime would be either inappropriate or that there was sufficient existing legislative provisions governing their regulation.
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