« Previous | Contents | Next »
Listen
6 LICENSING
Introduction
6.1 This section covers licensing boards in Scotland. These authorities have been considered separately due to the distinctive nature of their role compared to other agencies in the justice portfolio.
Background: Wider Policy Context and Evidence
Wider policy context
6.2 There are over 40 licensing boards in Scotland. These are statutory bodies that derive their power primarily from the Licensing (Scotland) Act 1976, the Licensing (Scotland) Act 2005, the Gaming Act 1968 and the Gaming and Lotteries Act 1963. Generally, licensing boards in Scotland are responsible for administering the licensing of premises that sell alcohol, as well as premises providing facilities for gambling, such as betting offices, bingo clubs, etc. under the Gambling Act 2005.
6.3 The Licensing (Scotland) Act 2005 will replace the 1976 Act with effect from 1 September 2009. A transitional period commenced as of 1 February 2008 to allow premises to apply for new licenses under the 2005 Act regime. Categories of licences (pubs, off-sales and so on) will be abolished and premises and personal licences will be introduced.
6.4 Licensing boards have been identified as public authorities in terms of the Disability Discrimination Act 2005 and are considered to be distinct from local authorities. As such, licensing boards are obliged to respond to the public sector duty in their own right. The production of a disability equality scheme, action plan and annual report on progress is considered as part of that duty and this report will focus on progress made between the publication of the schemes and the action plans.
Research and statistical evidence
6.5 Statistical evidence relating to the position of disabled people and the areas addressed by licensing boards are not readily available. A number of licensing board schemes have made reference to research conducted by local authorities. In a minority of cases, where research has been cited, they tend to quote generic figures relating to the number of disabled people in Scotland or to specific pieces of research. For example, Aberdeen City Licensing Board made reference to the Disability in Scotland 2002: key facts and figures (Disability Rights Commission 2002) and Disability in Scotland: A Baseline Study (Riddell and Banks, 2001)
Reporting on progress towards equality of opportunity
Introduction
6.6 The policy sections above highlight the context relating to licensing. The next sections draw from the schemes, action plans and annual reports of licensing boards with the aim of identifying areas of progress as well as areas still requiring attention. In addition, the report refers to the Scottish Government's own scheme, particularly the work of the Justice Directorate which covers the focus areas in this part of the report.
Areas where progress is evident
6.7 At the point of writing, only four licensing boards have produced an electronically available annual report. As noted earlier, licensing boards are subject to transitional arrangements following introduction of the Licensing (Scotland) Act 2005, which abolished boards established under the 1976 Act and replaced them with boards established under the new Act. It would therefore be misleading to present any general information under the heading of areas where progress is evident or less evident. Therefore for this focus area, the intention is to provide a comment under key areas and to highlight some areas of progress as well as areas still requiring attention.
6.8 Twenty four licensing boards in Scotland have produced a disability equality schemes and action plan. Of these, four have produced an annual report outlining progress that is electronically available as of 17 th September 2008.
6.9 Licensing board schemes outline action points in the following areas:
- Publication of information
- Design and implementation of monitoring processes
- Retention of staff
- Policy and function review and impact assessment
- Recruitment and training
- Amendments to property and the introduction of new technologies
- Licensee responsibilities
Publication of information
6.10 In addition to the schemes and annual reports, licensing boards publish a variety of information with regard to licensing services. This includes information on corporate guidelines, standards, policies and procedures as well as results of assessment, consultation and monitoring. Generally, this information is made available to the public through websites and is available in alternative formats on request. Several licensing boards express their commitment to developing the accessibility of information. For example, West Dunbartonshire licensing board has pledged to follow guidelines by West Dunbartonshire Council on communicating effectively, aimed at disability groups among others. Stirling licensing board intends to ensure that all information provided is appropriate and in a suitable format by reviewing information on licensing website, application forms and guidance notes and ensure applicants and others are aware of alternative formats available for information.
Design and implementation of monitoring processes
6.11 A number of licensing boards propose to introduce monitoring processes in conjunction with their associate local authorities by means of a variety of forms and questionnaires requesting information regarding recruitment procedures, retention of staff, complaints procedures and licensing applications. In some cases, information gathered is to be cross-referenced with data from other monitoring schemes including race and gender. However, it is not always clear how information gathered will inform policy and procedural matters.
6.12 Inverclyde Licensing Board has developed a questionnaire to ascertain what percentage of people applying for licenses are disabled and has submitted this information to their council on disability.
6.13 South Lanarkshire Licensing Board has implemented a number of monitoring processes by means of questionnaires designed to ensure that disability access issues are incorporated into the monitoring of services and to ascertain customer satisfaction and suggestions made by disabled people. Complaints procedures and comments are also being monitored.
6.14 West Dunbartonshire Licensing Board has distributed 300 equal opportunities questionnaires to applicants for licenses. Forty one were completed and the information published. The board recognised that this information was only partially useful and intends to involve itself more fully with local authority monitoring procedures.
Retention of staff
6.15 Very few licensing boards include specific action points intended to review their existing responsibilities as employers of disabled people. However, North Ayrshire Licensing Board proposes a review of the local authority's redeployment procedure including how it functions with respect to disabled people. They have also expressed their intention to assist in the establishment of the Council's forum of disabled people.
Policy and function review and impact assessment
6.16 Most licensing boards recognised the need to review existing policies and functions and to consider the on-going impact of new policies in the light of the disability equality duty. For example, North Ayrshire Licensing Board proposed that all reports presented to it must include an assessment of the impact of the proposed policy on disability equality. This also applied to any consultation carried out in conjunction with that assessment and any action proposed in consequence of that assessment and consultation. However, publication of specific policies, their effects on disabled people and changes made were not apparent. Inverclyde Licensing Board acknowledged in its scheme that it had no formal policies in relation to its functions. This particular board mentioned the publication of two policies in its annual report, however these did not appear to be targeted at disability equality.
Recruitment and training
6.17 The majority of schemes have included action points on various aspects of recruitment and training with a view to ensuring that the board is viewed as an equal opportunities employer and to raise staff awareness of disability equality issues generally. For the most part, changes to both recruitment and training are conducted in conjunction with associated local authorities. For example, North Ayrshire Licensing Board has contributed to the Council's review of the operation of the double tick initiative with a view to supporting disabled people seeking employment.
6.18 While some licensing boards provide some information about equality training courses for staff, a number make no mention of training or courses being offered or taken up. Shetland Islands Licensing Board reports that it intends to train staff in connection with the disability general duty. A number of training programmes have been fused with other areas of equality. For example, South Ayrshire Licensing Board is to provide generic equality awareness training.
6.19 Some local authorities have established the post of diversity liaison officer or equalities officer, whose role it is to discuss disability equality in relation to recruitment and training of staff in licensing boards on a regular basis.
Amendments to property and the introduction of new technologies
6.20 Most licensing boards' schemes outline action points targeted at physically amending properties to improve access for disabled people. For example, South Ayrshire Licensing Board proposes that it will continue to use buildings that are accessible for public meetings. South Lanarkshire reported in its annual report that the reception desk within the town hall had been replaced to allow easier access and noted that there had been an increase in the number of the premises used by each licensing division which are physically accessible.
6.21 Some licensing boards have used new technologies to improve access to information and use of facilities for applicants and staff. North Ayrshire Licensing Board now use e-mail to communicate with customers who have hearing or speech difficulties and, if required, provide learner magnification software for employees with visual difficulties. In addition, they have assisted in ensuring the Council's website meets accessibility standards for disabled people.
Licensee Responsibilities
6.22 A minority of licensing boards discuss their role with regard to ensuring applicants and therefore licensees are meeting their responsibilities with respect to disabled people. Stirling Licensing Board reported that licenses will only be granted to premises that comply with legislative requirements for access for disabled people and that applications will be reviewed by the Planning and Building Standards Services at Stirling Council to ensure compliance. South Lanarkshire Licensing Board also note concern expressed by disabled people with regards anti-social behaviour fuelled by alcohol. The board has now produced information about how to deal with anti-social behaviour which is available in an accessible format.
Summary and conclusions
6.23 Successful licensing boards have systematically involved disabled people in activities both in their capacity as an employer and as a provider of services.
6.24 Licensing boards have proposed action points in areas of publication of information, the design and implementation of monitoring processes, policy and function review and impact assessment, recruitment, training and retention of staff, amendments to property and the introduction of new technologies and licensee responsibilities. Licensing boards have also provided information on disability equality with provision of alternative information available on request.
6.25 Licensing boards have, to a large extent, relied on local authority processes in recruitment, training and monitoring processes rather than developing their own systems in relation to disability equality. For the most part, information produced through monitoring procedures and evidence of how such information has affected specific policies was not evident. There also existed a general tendency to include disability equality training with other areas of equality. The overlap between the licensing board and local authority processes may reflect attempts to eliminate duplication of effort, however, licensing board remain responsible for delivery of the disability equality duty. Also, where efforts have been made to provide access to disability equality training, the uptake of courses by staff and their degree of engagement is unclear.
6.26 Very few licensing boards considered disability equality in relation to licensee responsibilities.
6.27 A significant number of licensing boards recognise that there is scope to improve on systematic meaningful involvement of disabled people to assist them improve their services.
« Previous | Contents | Next »