This item was published during the term of a previous administration that ended in April 2007
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Communities gain more say on off-licences
02/02/2004
Local communities are to be given more rights to object
to the granting of off-sales licences to prevent them
becoming the focus of antisocial behaviour.
Justice Minister Cathy Jamieson today announced a
package of measures to control the spread of off-licences
to make it more difficult for children to buy alcohol
illegally.
The Executive was also publishing the
Report of an expert working group to improve the
regulation of off-licences. The group was chaired by Peter
Daniels, Chief Executive of East Renfrewshire.
Under new licensing proposals to be published this year,
the Executive will:
• Give more local people the rights and information to
make objections and representations before an off-sales
licence is granted;
• Prevent the proliferation of off-licences by
requiring licensing boards to make an assessment of over
provision, where necessary blocking off-licence
applications in antisocial behaviour 'hot spots';
• Endorse and promote a national 'no proof no sale'
initiative and work towards ensuring that all off-licences
operate a 'no proof no sale' policy;
• Protect children and young people by requiring all
licensed premises to 'opt in' to access arrangements for
children
In addition, the Lord Advocate will be exploring with
stakeholders whether there is scope for extending test
purchasing to alcohol in light of the tobacco test
purchasing pilots.
Ms Jamieson said:
"Local people want a greater say over the granting of
off-licences and for their objections to be seriously
considered. Many communities have concerns about the
concentration of off-licences in what quickly become hot
spots for boozed-up young people.
"Peter Daniels and his group have identified better ways
in which individuals and community representatives can make
their views known, and for those views to be given proper
consideration.
"For example, a parent teacher organisation which
objects to the opening of an off-licence near a school
currently has to pass a licensing board's test of whether
they are 'representative' before their views are
considered. This type of test will be removed to give
anyone with a 'real and material interest' a voice.
"I also believe a clear definition of what constitutes
'over-provision' of off-licences would help Licensing
Boards when deciding whether a new off-sales licence is
granted. There are three times as many off-licences now
than there were 50 years ago - yet our population has
hardly changed. One or two off-licences may be a useful
asset for a community. Too many can be a scourge.
"I intend to issue statutory guidance which will require
Boards to properly assess provision and to ask the new
National Licensing Forum to provide early advice on what
constitutes over-provision. This proposal would allow
boards to take an upfront decision on over provision,
blocking new licences being issued over a defined period of
time in specific problem areas.
"We also need to do more to protect children from
getting their hands on drink through illegal off-sales. We
feel that Executive support for a national 'no proof no
sale' initiative will help deliver that protection, prevent
under-age sales, and support responsible retailers."
The Daniels Working Group Report will be considered
alongside the earlier Nicholson recommendations and the
current Antisocial Behaviour Bill. However, in a further
move today, Ms Jamieson said that after listening to
concerns raised over the Nicholson recommendation that
children should have a statutory right of entry to licensed
premises, future Executive proposals on licensing laws will
reverse this presumption. She added:
"It is right that pubs become more children-friendly -
many have already moved in that direction. But at this
stage I feel we should continue to require licence
applications to clearly state that they want to provide for
young people, and for licensees to 'opt in' to allowing
children on their premises rather than 'opt out'. This
would apply to all licensed premises including
off-licences.
"This will help ensure that we safeguard children and
better support our aim of tackling the problems of
under-age drinking. Under the proposed new system, 'opting
in' to providing for children will be simpler for
legitimate family-friendly establishments than the existing
system."
Chair of the group, Peter Daniels, Chief Executive of
East Renfrewshire Council said:
"The guiding principle for the group was to build on the
proposals set out by the Nicholson Committee in their
extensive report. The report contains a number of
recommendations many of which have wider application across
the licensing system.
"This report is not and is not intended to be a panacea
for all the problems which can be caused by abuse of
alcohol. However it builds on the excellent work carried
out by the Nicholson Committee with the aim of establishing
a licensing system for Scotland which gives communities a
voice in relation to decisions affecting their local
environment, supports responsible licensees and is both
flexible to local circumstances and capable of exerting
rigorous control."
Sheriff Principal Nicholson said:
"I welcome the recommendations in the report of the
Off-sales Working Group. I have been delighted with the
overall approach taken of building on the work of my
Committee. In one or two areas there is a development of
approach and this is in line with my own views that this
was appropriate for areas of detail that we were not able
to cover in our report. The two sets of recommendations
represent a package of proposals which, if taken up, will
lead to an improved and simplified licensing system for
Scotland."
On September 2, 2003, the First Minister announced
the formation of a short-life Working Group with the
following terms of reference:
In the light of the evidence from Sheriff Principal
Nicholson's Review of Liquor Licensing, and from
consultation on the Antisocial Behaviour Bill, to consider
the issues surrounding the regulation of off-licences and
to make recommendations to Ministers on:
• The scope for better engagement and consultation at
community level on the grant of licences; and
• Management and enforcement mechanisms which will
help to prevent off-licences being a focus of anti-social
behaviour.
The recommendations of the Group include:
• A more inclusive approach to community engagement
modelled on the Civic Government (Scotland) Act which will
essentially enable anyone who can demonstrate a 'real and
material interest' to become involved in the process
• To tackle under age drinking Scottish Ministers
should endorse a 'no proof no sale' initiative for alcohol
• To tackle public drinking a new improved model
public drinking byelaw for promotion to local
authorities
The full report is available at
http://www.scotland.gov.uk/00018764
The number of off-sale liquor licences in force in
Scotland has risen from 2,188 in 1945 to 4,899 in 1980 to
6,249 in 2002.
The Nicholson Committee was asked to "review all aspects
of liquor licensing law and practice in Scotland, with
particular reference to the implications for health and law
and public order; to recommend changes in the public
interest; and to report accordingly." The report was
published on 19 August 2003 and is available at
http://www.scotland.gov.uk/00017590
Responses to that consultation are currently being
considered by Ministers. A major policy document will be
published by the Executive later in the year.