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The Licensing (Scotland) Bill: A Consultation on Liquor Licensing
Chapter 1
The Licensing Principles
The Nicholson Report
The Nicholson Committee proposes that the new licensing system should be based
on a set of guiding principles which would underpin all of the decisions taken
by Licensing Boards and would be set out in legislation. Those principles would
essentially provide a clear philosophy for the new system.
The Committee recommends that the following core 'licensing principles' should
be set out in the Bill:
(a) the prevention of crime or disorder;
(b) the promotion of public safety;
(c) the prevention of public nuisance;
(d) the promotion of public health; and
(e) the protection of children from harm.
Consultation Summary
There was a significant response to the adoption of guiding principles with
broad support from respondents of all types.
Our Approach
We agree with the importance of a guiding philosophy for the new system which
is stated in the legislation. This will represent the values on which the Scottish
licensing system is based, the parameters against which we should measure all
the elements of that system and the solid foundation which Boards must have
reference to in carrying out their functions.
The links between the misuse of alcohol and antisocial behaviour are all too
clear. It was a link that became very apparent during our consultation on the
Antisocial Behaviour, etc (Scotland) Bill last summer. The Bill is before Parliament
now and contains some measures that will help combat alcohol fuelled antisocial
behaviour but it is a problem that must be addressed in our wider policies.
Changes to the licensing system therefore need to reflect the behaviour we are
seeking to address through other measures - the Antisocial Behaviour Bill and
the Plan for Action on Alcohol Problems. We want a system that assists in preventing
crime, disorder and public nuisance but also supports the positive aims of promoting
public health and safety and protecting children. These principles are about
improving the environment for social drinking to one which is safe and welcoming
for all.
We will therefore include the core licensing principles recommended by the
Nicholson Committee in the forthcoming legislation.
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