Scotland - Alcohol Focus Scotland - Review of Statements of Licensing Policy

15 Aug
2014

Alcohol Focus Scotland (AFS), Scotland's national alcohol charity, (whose published aim is "Reduce Harm caused by Alcohol") has published a report analysing Licensing Board Policies in Scotland.  AFS analysed the 25 policies and comments that in some areas, policy statements for 2013 to 2016 show notable progression and development from those published in 2010.

However, with regards recommended actions the report goes on to state that "It is the responsibility of a licensing board to prepare and publish a statement of licensing policy, and to ensure that the measures included within it seek to promote the licensing objectives. However, in order to fulfil this task properly, licensing boards need adequate support from local authorities and the Scottish Government. Continued improvement in the standards and quality of licensing policy statements is dependent on commitment and action from all three."

With regards transparency, accountability and involvement "one of the main findings from the policy statement review is that there is a lack of transparency in how policies are formulated and how they apply to specific local circumstances."

Further, when considering policies to promote the licensing objectives the report suggests "Greater openness and transparency in how policies are formulated is needed before an assessment can be made of whether policy measures adopted are appropriate and sufficient to achieve the licensing objectives. However, one issue that clearly emerges from the policy statement review is the uncertainty in interpreting and using evidence in determining overprovision. This requires clarification if the legislative provisions are to be implemented properly."

Among the Findings of the report were:

Use of Evidence

  • More policy statements highlight the contribution of the licensed trade to the economy and tourism of a local area, than mention any adverse health and social consequences linked to alcohol, which the licensing system is there to address.

Licensed Hours

  • Over the past six years, at least 17 licensing boards have extended normal licensed hours.
  • One licensing board has reduced licensed hours.
  • One licensing board decided against increasing licensed hours following a consultation.
  • 11am is the most common standard opening time set.
  • 9am is the earliest standard opening time.
  • 11pm or 12 midnight are the usual standard pub closing times for nights at the beginning of the week, extended until 1am at weekends

Overprovision

  • In the published 2013 to 2016 policy statements, 10 licensing boards find overprovision of licensed premises to some extent within their area. This is four more than in 2010.
  • 5 declare overprovision across a large part of their area.
  • 13 licensing boards determine that there is no overprovision of licensed premises in their area.
  • 17 licensing boards had not published an overprovision statement by the end of April 2014.
  • 8 licensing boards do not provide any explanation of how they reached their decision that there is no overprovision in their area or the evidence they took into account in formulating their policy position.
  • 1 licensing policy statement expresses scepticism as to whether there is a causal link between number of premises licences and the incidence of alcohol-related health problems, crime, disorder and anti- social behaviour.

The full report can be viewed here: 'Review of statements of licensing policy: 2013 to 2016'.

 

 

Law correct at the date of publication.
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