Introduction
This Report has been prepared in accordance with the provisions of Section 9A of the Licensing (Scotland) Act 2005 as amended (the “Act”). The Act makes provision for regulating the sale of alcohol and for regulating licensed premises and other premises in which alcohol is sold.
Under the Act, Licensing Boards are responsible for considering applications for:
- Premises licences;
- Occasional licences;
- Provisional licences;
- Temporary licences;
- Personal licences;
- Transfer of premises licences;
- Variation of premises licences; and
- Extensions of licensing hours.
East Dunbartonshire Licensing Board
East Dunbartonshire Licensing Board (the “Board”) is the licensing authority for the local government area of East Dunbartonshire for the purpose of the Act. The Board was newly constituted following local government elections in May 2022. It comprises ten members, all of whom are elected members of East Dunbartonshire Council. The Board is responsible for the functions set out in paragraph 1.2 above within East Dunbartonshire.
East Dunbartonshire is situated just north of Glasgow and covers an area of some 77 square miles. Around 105,000 people live within the area which is bounded to the north by the Campsie Hills. Local communities include Bearsden, Bishopbriggs, Kirkintilloch, Lennoxtown, Lenzie, Milngavie, Milton of Campsie, Torrance and Twechar. A map of East Dunbartonshire is provided in Appendix 1 to this Report.
The Licensing Objectives
Section 4 of the Act sets out the following five licensing objectives:-
- Preventing crime and disorder;
- Securing public safety;
- Preventing public nuisance;
- Protecting and improving public health; and
- Protecting children and young persons from harm.
The Board is aware of its responsibilities to uphold the licensing objectives equally and the Board details its approach to the objectives in its Statement of Licensing Policy, which includes the Supplementary Statement of Licensing Policy adopted by the Board on 17 September 2021. Within the policy the Board seeks to ensure that both the licence holders and the residents of East Dunbartonshire are fully informed of the Board’s approach and expectations with regard to the operation of licences premises in its area.
Annual Functions Report
Annual Functions Report
The purpose of this Annual Functions Report (the “Report”) is to detail the operation of the Board during the period from 1 April 2022 until 31 March 2023.
In terms of Section 9A of the Act, the Report must include:-
- a statement explaining how the Board has had regard to –
- the licensing objectives; and
- its Licensing policy statement and any supplementary licensing policy statement, in exercise of its functions under the Act during the financial year;
- a summary of decisions made by the Board during the financial year; and
- information about the number of licences held in the Board’s area, including occasional licences.
Decisions of the Board
During the period specified in paragraph 4.1 above, the Board met 8 times. No applications were refused. The following licences were granted at Board and under powers delegated to the Clerk of the Board:-
|
Licence type |
Board |
Delegated |
|---|---|---|
|
Premises licence |
2 |
n/a |
|
Occasional licence |
0 |
136 |
|
Provisional premises licence |
1 |
n/a |
|
Temporary premises licence |
0 |
n/a |
|
Confirmation of premises licence |
- |
5 |
|
Personal licence |
0 |
69 |
|
Transfer of premises licence |
0 |
5 |
|
Variation of premises licences |
12 (major) |
74 (minor) |
|
Extension of licensing hours |
1 |
33 |
Applications to the Board are processed in a speedy, efficient and cost effective manner. Each application is considered on its individual merits and in accordance with the Act and the Statement of Licensing Policy.
The Board recognises that licensing hours are important to individual licensed premises operators. The Board also recognises that when licensed premises are open they can have a wider impact on persons who work and live in the area.
The Board’s policy on licensed hours is dependent on the type of operation that is being conducted and details of the Board’s policy are contained in the Board’s Statement of Licensing Policy.
Licensing Board Training
The Act requires that all Board members undergo training qualifications. All Board members have received training from Alcohol Focus Scotland.
In addition to the statutory training, Board members are updated with any other relevant legislative changes.
The Local Licensing Forum
The membership of the Local Licensing Forum (“Licensing Forum”) includes Licensing Standards Officers, representatives of the licensed trade, licence holders and a representative of Police Scotland. Steps are currently being taken to reconstitute the Local Licensing Forum.
Licensing Board Financial Statement
The Board’s Annual Financial Report for 2022 - 2023 can be accessed on the Licensing Board’s website.
Review of Statement of Licensing Policy
The Board’s current Statement of Licensing Policy comprises the policy which was adopted on 20 December 2018 and the Supplementary Statement of Licensing Policy which was adopted on 17 September 2021 following a consultation exercise. The Supplementary Statement of Licensing Policy applies when the Board is considering a new premises application or a variation to an existing premises licence which seeks a terminal hour of 1am. The Supplementary Policy sets out indicative issues to which the Board will have regard when considering such applications including the extent of CCTV and stewarding provision; first aid provision; customer safety procedures and commitment to ongoing staff training and social responsibility, including late night transport arrangements for staff.
Following local government elections in May 2022, the Board requires to produce a new Statement of Licensing Policy. At its meeting on 3 February 2023, the Board was informed of the outcome of the informal consultation exercise which had been undertaken by Officers. The Board considered a number of issues, including the description of licensed premises; the approach to festive hours; conditions for deliveries; incorporation of the current Supplementary Statement of Licensing Policy and potential areas of overprovision. Having done so, it instructed Officers to produce a draft of a new Statement of Licensing Policy to bring to a future meeting of the Board.
Conclusion
The Board is clear in its responsibilities in relation to the licensing objectives and endeavours to ensure that the licensing function in East Dunbartonshire operates well and in an open and transparent manner.
Appendix 1
Map of East Dunbartonshire Local Authority Area
Appendix 2
East Dunbartonshire Licensing Board
Statement of Licensing Policy
Read the Statement of Licensing Policy
Appendix 3
East Dunbartonshire Licensing Board
Supplementary Statement of Licensing Principles