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1. Introduction
The Act
1. Section 136 of the Licensing (Scotland) Act 2005 allows Ministers to make provision for the level of fees to be charged by licensing boards in respect of: -
- Applications under the Act; and
- Otherwise in respect of the performance of functions by Licensing Boards, councils and Licensing Standards Officers under the Act
2. Section 136(3) requires that before making such regulations, they must consult with those persons specified in that section. We are now consulting on a draft of the proposed regulations regarding fees. The draft regulations are provided at section 3 of this consultation document.
Background
3. A key principle of the new Act is that income from fees should cover the running costs of Licensing Boards and Licensing Standards Officers. This is a change from the current arrangements where income from fees create an average recovery rate of 63% with significant variations across local authorities. The licensing regime is therefore subsidised by other local authority income.
4. Prior to developing the regulations, an independent analysis of proposed fees for the new licensing system was carried out. The researchers were asked to define a system that (1) allowed full cost recovery, (2) had the same scale of charges across Scotland and (3) would not be unfair to small/medium enterprises and clubs. The draft regulations including the proposed fee levels have been based on the recommendations of this report.
5. The main findings of the research report are provided at Annex B to this consultation document and the full report - Licensing (Scotland) Bill 2005: Proposal and Analysis of Fee Charging Options can be found on the Scottish Executive website at www.scotland.gov.uk
6. Listed below are a number of areas where we would particularly welcome comments when responding to the consultation.
- Q1 - The proposed fee levels have been determined based on the rateable value of the premises (with some exceptions to that rule set out in regulations). Do you agree with this approach, or do you wish to suggest an alternative approach that ensures that fee levels are fair?
- Q2 - Do agree with the fee levels proposed? If not, can you suggest alternative fee levels and show your rationale for arriving at particular figures.
- Q.3 - Although not part of these draft regulations we would also particularly welcome views on a suggestion that Licensing Boards should have the discretion to charge further fees to help meet the additional policing costs in a particular area or areas. For example, this may be appropriate in respect of city centre locations with a high number of late-opening premises. We would particularly welcome views on whether further consideration should be given to this issue.
- Q4 - Do you have any comments on the draft regulatory impact assessment that has been prepared to accompany these regulations?
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