Scotland - West Dunbartonshire's overprovision policy 'overcome'

West Dunbartonshire's Licensing Board has the reputation of having one of the most stringent (and stringently applied) ‘over-provision' policies in Scotland, with a presumption against grant in 17 of 18 ‘intermediate data zones' within the Board area.

Generally regarded as a no-go area for the grant of new licences, the Board expect any applicant to demonstrate exceptional circumstances to establish that the grant of the application would not undermine the licensing objectives. The current 2013 policy states:

‘The Board will expect applicants who are seeking the grant of a new premises licence or to increase the capacity of an existing premises license within the foregoing categories of premise and locality to provide robust and reliable evidence to the Board why the benefit to the licensing objectives through the grant of their application outweighs the detriment to the licensing objectives and the Overprovision Policy. The Board recognises the positive health benefits associated with increased employment opportunities as a factor that applicants may use in support of their application and a factor that may in appropriate circumstances rebut such a presumption. In particular the Board will expect to be addressed on the benefits of granting the application in terms of each licensing objective.'

At a lengthy hearing earlier today, at which John Gaunt appeared on behalf of Marston's PLC, we were able to obtain the grant of a new provisional premises licence for a proposed new build rotisserie green field development at Balloch, adjacent to the Loch Lomond visitor centre and in the face of objections from the local Alcohol and Drug Partnership on the grounds of undermining the public health licensing objective and over-provision and also from some 38 local residents and businesses similarly opposed, on a majority decision, essentially on terms put forward with the application.

Preparation for the hearing included a thorough analysis of the Board policy and detailed proposals as to how the licensing objectives would be met or addressed by the development, all of which the Board required to be taken through at some length. The hearing was also attended by Marston's MD of Inns and Taverns, Peter Dalzell, acquisition surveyor Adrian Blackburn and area operations manager Nigel Whitfield.

John Gaunt commented that ‘this was perhaps one of the most important Scottish hearings we have dealt with in terms of confronting a significant and high profile ‘policy issue' and to have been able to address the concerns of the Board as expressed in their policy and obtained such a successful outcome on behalf of our client is a matter of some satisfaction'.

Marston's already have 4 premises open and trading in Scotland (all without issue or difficulty), 2 others under development and a further (now) 3 sites licensed. A further proposed development near Bathgate is due before the local Board on Friday.

The hearing today was the first of 6 ‘new build' licence applications we have before Licensing Boards across Scotland during the month of March for several of our national clients with three other major variation applications also listed for hearing.