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REVIEW OF THE LICENSING PROVISIONS CONTAINED IN
THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982

EXECUTIVE SUMMARY OF TASK GROUP CONSULTATION PAPER

Introduction

Following consideration of a report submitted by the Convention of Scottish Local Authorities (CoSLA), Ministers determined that a review of the licensing provisions contained in the Civic Government (Scotland) Act 1982 should be undertaken and that a Task Group should be set up for this purpose. The 1982 Act contains licensing provisions relating to taxis and private hire cars, second-hand dealers, metal dealers, boat hire, street traders, market operators, public entertainment, late hours catering and window cleaners. It does not contain the provisions relating to liquor licensing.

The Task Group’s remit is to re-examine the principles and mechanisms of licensing as they are set out in the 1982 Act and, having done so, review the existing provisions and any proposals for change that have been submitted to the Executive. In doing so, the Task Group is required to ensure that the provisions contained in the Act, and any recommendations for change, are compliant with the European Convention on Human Rights and that they properly apply the principles of the Enforcement Concordat which provides for fair, practical and consistent enforcement policy and practice. Full membership of the Task Group is set out at the end of this summary.

The Task Group has decided that before submitting its report to Ministers at the end of the year it wishes to consult on its preliminary findings as well as seeking views on a number of issues before finalising its recommendations to Ministers. These are detailed below.

Main Preliminary Findings/Views Sought

General (Chapter 2)

Any licence deemed to have been granted by a licensing authority because of its failure to determine the outcome within the prescribed time limit should be subject to conditions.

To extend the powers of those empowered to enter and inspect premises to include civilian staff employed under the provisions of section 9(2) of the Police (Scotland) Act 1967.

In the interests of public safety premises to display their licence, vehicles to display a plate and individuals to have either their licence on their person or identification badge if required by licensing authority.

Are the offence provisions contained at sections 5, 6 and 7 appropriate and effective?

Should the minimum timescale of 9 months for a licensing authority to introduce a licensing requirement for one of the optional activities prescribed in the Act be reduced?

Taxis and Private Hire Cars (Chapter 3)

To bring driver licensing arrangements in line with Public Sector Vehicles procedures, e.g. impose minimum age restriction of 21, mandatory initial medical and regular follow-up checks dependent on age and mandatory topographical tests.

To amend the legislation at section 17(2) to make it clear that the review of fare scales must be completed within the 18-month period.

Pros and cons of moving to a single licensing system for taxi and private hire cars.

Should a specific taxi and private hire car MOT be introduced and made available from any such registered MOT garage? (NOTE: As a reserved matter this ultimately will be for the Westminster Government to determine).

Should the rights of appeal to the Traffic Commissioner on taxi fares set by a licensing authority to include representative bodies as well as "any person who operates a taxi"?

Is there a continuing need to exempt certain vehicles from any licensing requirement? If so, do those prescribed at section 22 remain appropriate?

Whether unregulated vehicles that are not currently exempt, e.g. limousines and chauffeur driven vehicles should be brought within the private hire car licensing framework?

Second-Hand Dealers (Chapter 4)

Should the licensing of second-hand motor dealers be made mandatory as opposed to optional?

Metal Dealers and Itinerant Metal Dealers (Chapter 5)

Is there scope to relax the mandatory licensing of metal dealers and itinerant metal dealers?

Market Operators (Chapter 8)

In the interests of public order and safety, as well as crime prevention, the exemption from any licensing requirement for those non-commercial organisations provided at section 40(2) should be removed.

Have licensing authorities sufficient powers to control private markets, particularly car boot sales?

Public Entertainment (Chapter 9)

Whether the exemption from the licensing provisions currently available to premises holding a liquor licence should be repealed.

Late Hours Catering (Chapter 11)

The current licensing exemption available to liquor licensed premises should be restricted to the sale of, and consumption by, the public of meals and refreshments on such premises (i.e. not takeaway food).

In view of the emergence of 24-hour garages and shops is there now a need to define "meals and refreshments"?

Window Cleaners (Chapter 12)

Should the licensing provisions be deregulated and, if so, to what extent?

Sex Shops (Chapter 13)

Comments are invited on the general effectiveness of the licensing provisions covering sex shops.

Licensing Procedures (Chapter 14)

Details specifically required on an application form for a licence should be extended to cover date and place of birth.

To extend the period allowed to make representations relating to the application of a licence from 21 to 28 days.

In view of the considerable variance in the level of fees charged CoSLA should review the current arrangements and practices of local authorities and issue guidance.

Are the public being given adequate opportunity to make representations against any application for a licence?

Merits of the proposed revised timetable for a licensing authority notifying a decision, giving reasons for it and the appeal process.

Are the appeal provisions effective?

Proposed New Licensing Activities (Chapter 15)

Is there is a need for the licensing of car/motor auctions and, if so, should this be extended to incorporate other auctions/brokers/agents of second-hand goods.

Enforcement (Chapter 16)

Local authorities should continue to have discretion in determining the level of enforcement in their area.

Local authorities should be encouraged to develop their enforcement strategies in conjunction with other agencies and practices.

Should fixed penalties be introduced for breaches of the licensing provisions?

Whether local authority officers, as well as the police, have the powers to obtain warrants to search suspected unlicensed premises?

Responses to the Consultation Paper

Comments on the consultation paper should be sent by 4 October 2002 to:

Task Group Secretariat
Scottish Executive
Local Government Constitution & Governance Division
Area 3-H
Victoria Quay
EDINBURGH
EH6 6QQ

Tel: 0131 244 7050
Fax: 0131 244 7058 (clearly marked for the attention of the Task Group Secretariat).
Or by e-mail to: Patrick.Down@scotland.gsi.gov.uk

TASK GROUP COMPOSITION

Ms Leslie Evans, Chair and Head of Local Government Constitution & Governance Division within the Scottish Executive;

*Chief Superintendent Ken Bellingham, Fife Constabulary, representing the Association of Chief Police Officers (Scotland) (ACPOS);

Mr Stefano Boni, Federation of Small Businesses;

Miss Ann Callaghan, Head of Branch 3 of the Local Government Constitution & Governance Division within the Scottish Executive;

Mr Alex Gibson, Local Government Constitution & Governance Division within the Scottish Executive;

Mr Anil Gupta, COSLA (stood down October 2001)

Mr David Hume, Chief Executive, Scottish Borders Council, representing the Society of Local Authority Chief Executives (SOLACE);

Mr Mitch Kerr, North Lanarkshire Council, representing COSLA;

Mr Jim Matthew, Angus Council, representing COSLA;

Mr Robert Millar, City of Edinburgh Council, representing the Society of Local Authority Lawyers and Administrators in Scotland (SOLAR);

Mr Alisdair Meldrum, Branch Head, Business Environment and Consumer Affairs Division within the Scottish Executive;

*#Deputy Chief Constable Ken McInnes, Fife Constabulary, representing ACPOS;

Mr Alan Oliver, Head of Branch 3 of Criminal Justice Division with the Scottish Executive;

Mr John Sharatt, Scottish Borders Council, representing the Society of Chief Officers of Trading Standards in Scotland (SCOTSS); and

* shared responsibility

# Appointment ceased following resignation from Fife Constabulary

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