The Scottish Government

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1. Introduction

The Licensing Objectives

1. The Act complements the wider policies of the Scottish Executive. This includes measures to tackle antisocial behaviour, and the programme of work set out under the Plan for Action on Alcohol Abuse, which seeks to tackle under age drinking, binge drinking, and the wider problems associated with alcohol misuse.

The Act establishes a national policy framework within which Licensing Boards will take local decisions. Local flexibility will be balanced with a clear national framework within which Licensing Boards will operate. This will ensure an appropriate level of consistency across Scotland on the implementation of licensing policy.

2. The Act sets out 5 high level "licensing objectives." These represent the principles on which the Scottish licensing system will be based, and providing Licensing Board with a solid foundation on which to build their own local policies. These objectives are not ranked in order of importance. Licensing Boards should give each objective equal weighting and all must be paramount considerations at all times. These 5 objectives are:

• Preventing crime and disorder;
• Securing public safety;
• Preventing public nuisance;
• Protecting and improving public health; and
• Protecting children from harm.

3. In addition to complementing the Executive's wider agenda these 5 objectives aim to improve the environment for social drinking to one which is safe and welcoming for all.

The Guidance

4. This guidance has been prepared in accordance with section 142 of the Licensing (Scotland) Act 2005. The main provisions of the Act will come into force in autumn of 2009. This guidance is provided mainly for Licensing Boards, however other agencies such as, local authorities which have duties under the Act, the Police, Local Licensing Forums, Licensing Standards Officers, the licensed trade and their representatives may find this guidance useful. This is reflected in the fact that the guidance has been drafted widely to cover as many aspects of the Act as Minister have deemed appropriate to provide as much assistance as possible to all those persons implementing and subject to the provisions of the Act.

5. Section 142 of the Act provides that in carrying out its functions, Licensing Boards must have regard to guidance issued by Ministers under that section. However, it is recognised that the Guidance cannot anticipate every possible scenario or set of circumstances that may arise. Licensing Boards may therefore depart from the guidance if they have reason to do so, provided that the Board has had regard to the guidance in reaching a particular decision or view. If Boards depart from the guidance, they must be able to provide full reasons for their actions. Departure from the Guidance may give rise to an appeal or judicial review, and the reasons given could be important when the courts consider the lawfulness and merits of any decision taken.

6. In accordance with section 142 of the Act this guidance cannot be issued by the Scottish Ministers unless a draft of the guidance has been laid before, and approved by resolution of the Scottish Parliament.

7. This draft of the guidance has been prepared by the Scottish Executive with the assistance of the National Licensing Forum, an advisory group established by Ministers in June 2005.

8. This consultation will inform the development of a further draft which will be laid before Parliament for approval. A report on the consultation will be prepared and published on the Scottish Executive's website.

The Licensing (Scotland) Act 2005

9. The Act, the associated explanatory notes and any statutory instruments made under its provisions may be viewed on the HMSO website www.opsi.gov.uk.

How to Respond to this consultation and deadline for Responses

10. Responses to this consultation are requested by Friday 8 December 2006. To help our considerations please indicate in your response:

• Your name
• Your interest
• The organisation that you represent (if applicable)
• Your contact Details

11. A consultation response template is available within the electronic consultation document on the Scottish Executive website.

Email to: LicensingConsultations@scotland.gsi.gov.uk

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