The Scottish Government

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1. Introduction

1.1 This bulletin provides information, by council area, on the number and type of liquor licences in force in Scotland at 31 December 2004. It details the number of regular extensions to permitted hours, the number and outcome of new applications for licences made in 2004, the reasons for applications being refused, and on the suspension of licences. Information relating to registered clubs and to liquor licensing offences is also included.

2. Key Points

• There were 17,023 liquor licences in force in Scotland at 31 December 2004, 25 fewer than at 31 December 2003 and the equivalent of 43 licences for every 10,000 persons aged 18 and over resident in Scotland.
• Over a third (36 per cent) of the licences in force in Scotland were for off-sale premises and a further 30 per cent were for public houses. The distribution of licences by type of premises varied across the country. For example, nearly 40 per cent of licences in Glasgow were held by public houses, while in more rural areas the proportion held by public houses was between 13 and 18 per cent.
• The spread of the types of licences in Scotland has been gradually widening over the last two decades. From 1980 to 2004, there was a 18-fold increase in the number of refreshment licences (from 34 to 600) and a 62 per cent increase in the number of restaurant licences (from 921 to 1,489). In comparison, the number of hotel licences (excluding restricted hotels) decreased by 21 per cent (from 2,959 to 2,329) over this period.
• The number of off-sale licences rose from 4,899 in 1980 to 6,368 in 2000, an increase of 30 per cent, before falling back slightly to 6,103 in 2004. Shops (75 per cent) and supermarkets (14 per cent) accounted for the great majority of off-sale licences in 2004 (excludes licences where information on the type of premises was not available - 40 per cent of all off-sale licences).
• There were 10,258 premises with one or more regular extensions to permitted hours at 31 December 2004. Of these, 46 per cent were public houses, 20 per cent were hotels and a further 20 per cent were registered clubs.
• The number of licences relative to population aged 18 and over varied considerably throughout the country, from 19 per 10,000 population in East Renfrewshire, to 87 per 10,000 population in the Shetland Islands. The more rural areas generally had the highest rates with the more urban areas, outside of the cities, having the lowest rates.
• During 2004, licensing boards considered a total of 781 new applications for liquor licences, 25 fewer than in 2003. Of these, 731 applications (94 per cent) were granted a licence. Three per cent of applications for on-sale licences were refused, compared with 9 per cent of those for off-sales.
• Licensing boards in Scotland suspended 21 licences in 2004. Of these, public houses and off-sale shops each accounted for 7 suspended licences with the remainder being for hotels, restaurant and entertainment premises.
• There was a total of 2,347 registered clubs (golf, bowling, social etc.) at 31 December 2004, 2 fewer than at 31 December 2003.
• A total of 981 liquor licensing offences were recorded by the police in 2003. Most (88 per cent) of the 124 convictions for liquor licensing offences in 2003 resulted in a financial penalty.

3. Liquor Licences, by Type of Premises ( Tables 1 and 2) and Council Area ( Tables 3 to 5)

3.1 There were 17,023 liquor licences in force in Scotland at 31 December 2004 ( Table 1). Thirty-six per cent of these licences were for off-sale premises, 30 per cent for public houses, and 17 per cent for hotels. The remaining 18 per cent of licences were for restaurant, entertainment and refreshment premises .

3.2 The number of liquor licences in force at the end of 2004 was 25 (0.1 per cent) lower than in 2003, but 3,131 (23 per cent) higher than the figure for 1980.

3.3 The balance of off-sale to on-sale licences has remained relatively stable since 1980 ( Table 1). The proportion of on-sale licences of different types however, has gradually changed over the past two decades; a comparison between 1980 and 2004 is illustrated in Chart 1. There has been a general decline in the number of hotel (excluding restricted hotel) licences from 2,959 (21 per cent of all licences) in 1980, to 2,329 (14 per cent of all licences) in 2004. In contrast, the number of restaurant, refreshment and entertainment licences has more than doubled since 1980, increasing from 1,124 in 1980 to 2,960 in 2004. The proportion such licences comprised of all licences increased from 8 per cent to 18 per cent over this period. As illustrated in Chart 2, there were 600 refreshment licences in force in Scotland in 2004, 42 (7 per cent) fewer than in 2003, but more than double the number in 1995 and almost eighteen times the number in 1980.

3.4 The distribution of licences by type of premises varied across the council areas ( Tables 3 and 4). The more rural areas tended to have a higher proportion of hotel licences and a lower proportion of public house licences than average, while in the more densely populated areas the reverse tended to be the case. For example, at 31 December 2004, 36 per cent of licences in the Eilean Siar council area were hotel or restricted hotel licences and 13 per cent were public house licences; whereas in Glasgow City, 39 per cent of licences were for public houses and only 4 per cent were for hotels or restricted hotels. The higher prevalence of hotel licences in rural areas is likely to reflect the pattern of the tourist trade.

3.5 The number of off-sale licences rose from 4,899 in 1980 to 6,368 in 2000, an increase of 30 per cent. Since then the number has fallen back slightly, decreasing by 4 per cent to 6,103 in 2004. The distribution of off-sale licences of different types is illustrated in Chart 4. Information on the type of premises was available for 3,665 off-sale licences, 60 per cent of the total. Of these, shops accounted for the highest proportion (75 per cent) followed by supermarkets (14 per cent).

3.6 At 31 December 2004, there were 43 licences in force for every 10,000 persons aged 18 and over in Scotland; this figure has changed very little over the past five years (Table 2). However, there was considerable variation in this rate between council areas. The areas with the highest number of licences in force per 10,000 population aged 18 and over tended to be those in the more rural areas, such as Shetland (87), Argyll & Bute (83), Highland (81) and Orkney (81). The more urban council areas outside of the cities tended to have the lowest number of licences per 10,000 population aged 18 and over, for example East Renfrewshire (19), East Dunbartonshire (19), South Lanarkshire (21), and North Lanarkshire (28). Of the four main cities, Edinburgh had most licences for its population aged 18 and over (53), followed by Aberdeen (41), Glasgow (40), and Dundee (39) ( Table 4).

3.7 The number of off-sale licences per 10,000 population aged 18 and over averaged 15 in Scotland at 31 December 2004. This rate varied from 4 in South Lanarkshire and 9 in both East Dunbartonshire and East Renfrewshire, up to 29 in Shetland and 36 in Orkney. Off-sale licences as a proportion of the total number of licences per council area was highest in Clackmannanshire (53 per cent) and lowest in South Lanarkshire (19 per cent), ( Tables 2 and 3).

4. Regular Extensions ( Table 6)

4.1 Regular extensions to permitted hours are granted by licensing boards for a maximum of 1 year (unlike liquor licences, which are normally granted for a period of 3 years). However, extensions may be granted for shorter periods and it is therefore possible for regular extensions to be granted to the same premises twice or more during one year. For this reason, the numbers of premises with regular extensions in force at 31 December are collected, rather than the total number of extensions granted during the year.

4.2 At 31 December 2004, 10,258 licensed premises held one or more regular extensions to permitted hours granted by licensing boards in Scotland. Ninety-one per cent of public houses and 88 per cent of hotels (excluding restricted hotels) had regular extensions in force (Table 6). Public houses comprised 46 per cent of premises with regular extensions, with hotels and registered clubs accounting for a further 20 per cent each.

4.3 The proportions of public houses and hotels that had been granted regular extensions at 31 December 2004 varied between licensing boards. Eilean Siar, Inverclyde, and West Dunbartonshire licensing boards reported that all establishments of both these types had regular extensions. The lowest proportions of public houses with regular extensions were reported in Clackmannanshire (13 per cent), Moray (84 per cent), and Renfrewshire (84 per cent). The area where hotels were least likely to have regular extensions was City of Edinburgh (72 per cent).

5. New Applications for and Suspensions of Liquor Licences ( Tables 7 and 8)

5.1 During 2004, licensing boards considered a total of 781 new applications for liquor licences, 25 fewer than in 2003. Of these, 732 (94 per cent) were granted a licence ( Table 7). In eleven, mainly rural areas, all applications for liquor licences were successful. The areas where licence applications were least successful were North Lanarkshire (71 per cent), East Renfrewshire (81 per cent) and South Lanarkshire (81 per cent), though it should be noted that the total number of applications involved in each of these areas was relatively small. Applications for on-sale licences (97 per cent granted) were likely to be slightly more successful than those for off-sale licences (91 per cent granted). Between 2000 and 2004, the percentage of on-sale licences granted has remained around 97 per cent, whilst the percentage of off-sale licences granted has fluctuated slightly between 87 and 91 per cent.

5.2 Under section 17 of the Licensing (Scotland) Act 1976, licensing boards may refuse an application for a licence for a number of reasons ( see annex note 9.6). The most common reason for refusal of off-sale applications in 2004 was that the granting of the application would result in the over provision of licensed premises in the locality. For on-sale applications the most common reasons for refusal were that either the applicant or the premises were unfit. Chart 5 illustrates the relative frequency of individual reasons given for refusal. There may be more than one reason given for any one application being refused; combinations can be seen in Table 8.

5.3 Ninety potential licence applications were withdrawn before they reached the licensing boards in 2004. Chart 6 shows the distribution of outcomes of the total numbers of on-sale and off-sale applications, including those withdrawn, before they reached the board.

5.4 An update of the information collected for the first time in 2003 shows that licensing boards in Scotland suspended 21 licences in 2004. Of these, public houses and off-sale shops each accounted for 7 suspended licences with the remainder being for hotels, restaurant and entertainment premises.

6. Registered Clubs ( Tables 9 and 10)

6.1 The statistics detailed in sections 3 and 5 above exclude registered clubs, e.g. golf, bowling, and social clubs. Such clubs must register with a Sheriff Court, but must apply to their local licensing board for any regular extensions to permitted hours.

6.2 At 31 December 2004 there were 2,347 registered clubs in Scotland, 2 fewer than at December 2003. Table 9 shows a breakdown of the clubs by the Sheriff Court with which they were registered.

6.3 Eighty-seven per cent of clubs had a regular extension to permitted hours at 31 December 2004, compared with 88 per cent in 2003.

6.4 Table 10 provides a breakdown of registered clubs by the approximate council area in which they are situated, although it should be noted that a club may be registered at a Sheriff Court outwith its council area. In some cases, it has been necessary to aggregate the figures for several council areas/ Sheriff Courts because the relevant Sheriff Courts will generally cover registrations from clubs in more than one council area.

6.5 The number of registered clubs per 10,000 population aged 18 and over at 31 December 2004 varied from 4 in Lanarkshire to 12 in the Scottish Borders, averaging 6 for Scotland as a whole ( Table 10). Registered clubs made up 18 per cent of all on-sale outlets in Scotland ( Chart 7), although this proportion varied somewhat across the council areas. In Clackmannanshire, East Lothian and Inverclyde, registered clubs accounted for around one third of all such outlets, whilst in Highland, Orkney, and Stirling the proportion was just 8 per cent, 13 per cent, and 13 per cent respectively (though as noted above, it may be that some clubs were registered in Sheriff Courts outwith their council area).

Total number of on-sale premises : 13,267

7. Liquor licensing law offences ( Chart 8 and Tables 11 and 12)

7.1 In the period since the introduction of the Licensing (Scotland) Act 1976, the number of liquor licensing offences recorded by the police fell overall, though there were periods of increase in the mid 1980's and again in the mid 1990's ( Chart 8). The total number of such offences recorded was 981 in 2003 compared with 1,332 in 1980 ( Table 11). The most common type of liquor licensing offence recorded by the police in 1980 was a person under 18 buying or consuming liquor in a bar, accounting for 50 per cent of the total. More recently, the most commonly reported offences have been the sale of liquor to a person under 18 and purchasing liquor for the consumption by a person under 18 (29 per cent and 28 per cent respectively of the total in 2003).

7.2 Financial penalties are the most commonly imposed sentence by Scottish courts for liquor licensing offences. In 2003, of the 124 convictions where a liquor licensing offence was the main offence, 88 per cent resulted in a financial penalty ( Table 12). The average fine imposed in such cases was £143.

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