Licensing Boards in Scotland have a statutory duty to publish their ‘statement of licensing policy’ every five years under The Licensing (Scotland) Act 2005.
Each individual Licensing Board is required to publish a policy statement before the beginning of each licensing policy period. The licensing policy period and, therefore, a statement of licensing policy, generally has effect from the date 18 months after a local authority election until the date 18 months after the next local authority election. Since the last local authority elections in Scotland took place in May 2022, the current licensing policy statements are set to expire in November 2023. Accordingly, the process of drafting, consulting on, and producing the new licensing policy statements across Scotland is well under way…
The fundamental purpose of licensing policy statements is to provide licensing applicants, licence holders, local community members and other interested parties with an indication of each Licensing Board’s general approach to the making of licensing decisions in their area. The policy statement essentially provides a general rule book for all stakeholders interested in and involved in the licensed trade.
The policy statements issued by each Licensing Board should cover topics such as permitted licensed hours, overprovision, the use of occasional licences, the procedure for handling applications, objections, representations etc. for premises licences and personal licences. The licensing policies must also be seen to promote the five overarching licensing objectives;
- Preventing crime and disorder;
- Securing public safety;
- Preventing public nuisance;
- Protecting and improving public health;
- Protecting children and young persons from harm.
In preparing a licensing policy statement, Licensing Boards are required, under the 2005 Act, to consult with a wide array of people including the Local Licensing Forum, the relevant health board, licence holders, Scottish Fire and Rescue, and Police Scotland. Most Licensing Boards now publish their consultations on the local council’s website in an attempt to ascertain the views of as many stakeholders as possible. It is vital that the consultation process is not treated merely as a ‘tick-box’ exercise, as the policy statements issued by the Licensing Boards will have far reaching effects on the licensing trade across the country. Those involved in licensing are encouraged to engage in these consultations, to express their views and opinions, and to keep up to date with any advancements in their local area, especially if there are areas of policy which they wish to change or which they wish to preserve.
As the period of consultation now draws to a close for many of the Licensing Boards, it is essential that those interested parties and licence holders familiarise themselves with any proposed policy changes in their local area. As noted in our previous blog, it was pre-empted that Licensing Boards would focus on certain areas of policy including occasional licences, licences for outdoor areas, licensed hours and deliveries and so far it looks like this has indeed been the case.
Glasgow
The consultation period in Glasgow came to an end on 17th September and the new Licensing Policy Statement is set to be published no later than 5th November 2023. A notable proposal by the Glasgow Licensing Board is that of a new 1am Pilot scheme for pubs in the city centre. The proposed pilot scheme would enable pubs in the city centre to remain open until 1am instead of the current general terminal licensed hour of 12 midnight. If this policy is indeed approved, pubs wishing to take advantage of this and join the pilot scheme would need to submit a major variation application in due course. The Board has also proposed introducing several new conditions in relation to outdoor licensed areas including requiring fully operational CCTV. On top of this the Board has proposed that in pursuance of the Licensing objective of preventing public nuisance, generally they will not permit music, amplified sound or visual projections to be played within, or relayed to, outdoor drinking areas. The Board also focused significantly on the issue of overprovision and set up a separate Overprovision Consultation in order to take into account as wide a range of views on this topic as possible. It appears as though the Overprovision Localities will likely remain the same as those identified in the last policy statement.
Edinburgh
The consultation process is still ongoing in Edinburgh with the deadline for responses being 12th November 2023. However, due to the controversy surrounding the current overprovision policy, the policy on overprovision is to be covered by a separate consultation and the new overprovision policy is set to go live in the spring of 2024. Amongst some of the most notable proposals by the Edinburgh Board is the proposal to relax the current requirements relating to consecutive occasional licences. It has been proposed that occasional licences could be permitted to run consecutively for 3 months before being required to call at a hearing, rather than the current 2 month time limit. Conditions attached to home deliveries of alcohol are also being reconsidered. The board are considering adding the condition that home deliveries of alcohol are only to be permitted alongside the provision of food. The draft policy also has a brand new section relating specifically to temporary structures such as marquees and tents.
Licensing Boards are expected to strike an appropriate balance between promoting the imperative licensing objectives while also supporting the hospitality industry and economy in general. This can be a difficult balance to strike, and this is why it is essential that those interested parties engage in the consultation process and provide the Board with live feedback on their proposals.
If you are concerned about how these policy consultations may affect your business, we are here to help. We understand that every business has unique needs and desires and are committed to understanding yours. Our goal is to provide you with tailored solutions that truly make a difference. You can trust us to make things better. Contact us now on 0141 473 4873.
