East Dunbartonshire Licensing Report 2021- 2022

Foreword

It gives me great pleasure to provide the Annual Licensing Report for 2021/22, in accordance with Section 12(A) Licensing (Scotland) Act 2005. Throughout this year Local Authorities and Police Scotland worked hard to support licensed premises in their road to recovery as Covid-19 restrictions were being lifted.
Collaboration is vital to ensure these businesses can flourish, providing much needed employment for our communities as well as a safe environments for people to socialise. Police Scotland will continue to work closely with Local Authorities, as well as other stakeholders, to ensure there is a fair and consistent approach across all 32 Local Authorities throughout Scotland to aid this recovery. Preventing alcohol fuelled violence, disorder and antisocial behaviour remains a priority for Police Scotland and I believe that working together we can reduce this through early intervention and enforcement.
I would like to take this opportunity to thank our local partnerships and the good work they carry out. With their support Police Scotland and partners can continue to drive improvements in licensing. I will continue to ensure that all officers and staff recognise the importance of working together with key partners, including the Licensing Trade, in an effort to improve licensing standards nationally.
Mr Iain Livingstone QPM
Chief Constable
Police Service of Scotland

Police Scotland Licensing Overview

The Violence Prevention and Licensing Co-ordination Unit (VPLCU) sits within Safer Communities based at Dalmarnock Police Station, Glasgow.
The VPLCU upholds the two tier structure for licensing which supports both national and local priorities through service delivery. They have overall responsibility for determining and delivering national licensing strategy and policy, by providing advice, guidance and support to divisional licensing teams as well as undertaking other specialist functions.
The Violence Prevention and Licensing Co-ordination Unit is a specialist department which consists of a small team of officers, based in Glasgow. The officers within the unit work with divisional licensing teams and partner agencies to help shape policy and strategy around the police licensing function. They provide practical and tactical advice to police licensing practitioners, operational officers, supervisors and policing commanders.
The VPLCU seek to ensure that legislation governing the sale and supply of alcohol is applied consistently across the country and all opportunities are taken to stop the illegal or irresponsible sale, supply or consumption of alcohol with the intention of preventing and reducing crime and disorder.
During 2021/2022, from a licensing perspective, our particular focus was on the following;

  • Scrutiny of the serious incidents of violence, disorder and antisocial behaviour linked to licensed premises.
  • Working closely with Licenced Premises and Scottish Government to navigate the challenges of the COVID-19 pandemic through the 4Es approach by engaging, explaining, educating and enforcing.
  • Governance and ongoing development of the National ICT Licensing System, known as “Inn Keeper”, to increase the efficiency and effectiveness of liquor and civic licensing administration and management. Police Scotland are currently working on upgrade to the National ICT system to ensure compliance with GDPR legislation.

Each of the 13 Local Policing Divisions have a licensing team responsible for the day to day management of licensing administration, complying with statutory requirements as well as addressing any issues that may arise within licensed premises in their local area.

Licensing Board Area

The Licensing Board area is policed by Greater Glasgow Division.
Chief Superintendent Mark Sutherland is the Local Police Commander who has the responsibility for all day-to-day policing functions.
East Dunbartonshire has a population of over 104,500 people and is served by approximately 285 licensed premises spanning over 77 square miles. The area covers a mix of rural and urban areas including Bishopbriggs, Bearsden, Kirkintilloch, Lenzie, Lennoxtown, Milngavie, Milton of Campsie, Torrance and Twechar.

Local Policing Priorities

Following our public consultation process, the policing priorities for East Dunbartonshire, as set out in our Local Policing Plan are as follows;

  • Crime – Reducing crimes of greatest concern and detecting offenders.
  • Protecting Vulnerable People – Working with partners and the most vulnerable to reduce risk.

Operation of the licensing (Scotland) Act 2005

Greater Glasgow Licensing Department continues to operate from London Road Police Station in the east end of Glasgow. The department is led by Inspector Gareth Griffiths, and is supported by two Sergeants, six Constables and nine members of police staff.
On a day to day basis officers within the department continue to review all incidents that have occurred either within or in the vicinity of licensed premises throughout the board area. These incidents are then acted upon depending on the nature and if any issues are found. Officers from the department will generally carry out further enquiry with the attending officers, the premises licence holder, the designated premises manager and any staff involved in the incident.

From this it allows the broad picture of what actually occurred and allows officers to formulate an approach on how to solve the matter. There are range of measures that can be taken. In some cases no further action to be taken if we are satisfied that from a licensing perspective there are no failings or issues identified.

If this is not appropriate then other options are taken by officers within the department. The first being an ‘Interaction’. This generally takes place when minor incidents have occurred that don’t constitute a breach of the licensing conditions. Officers will communicate or hold a meeting with the premises licence holder and or the designated premises manager to discuss the incident and how it can be resolved. This is recorded on the Innkeeper database and no further action is then required.

If a more serious incident occurs then officers will carry out an ‘Intervention’. This is a more formal approach. A meeting will occur with the premises licence holder, the designated premises manager and potentially staff members involved in the particular incident. This usually takes place at a police station or the premises itself. This quite often involves a Licensing Standards Officer (LSO) being in attendance also. A formal document known as a ‘Licensed Premises Incident / Intervention Control Form’ is prepared by licensing officers outlining the incident. A list of crime prevention / risk reduction recommendations are made in order to avoid a repeat of any further incidents or how better to manage a particular incident if it does occur. A specific timescale for the implementation will be agreed with the responsible person. This will be signed by all parties. Once the timescale is up and licensing officer have carried out a review update then the Intervention is filed and no further action is required.

If a serious incident occurs or evidence exists of a premises operating in a manner inconsistent with the licensing objectives or out with the conditions of their licence then licensing officers will apply for a ‘Review’ of the premises licence and or a personal licence of any person involved. With early indication or identification of any issue or trend with a premise or licence holder licensing officers are able to take early effective measures and steps through interventions and interactions. This generally results in issues being resolved and rectified without the need for a review.

All actions and decisions taken by licensing officers including inspections and incidents involving licensed premises are stored on the ‘Innkeeper’ database. Applications received are also are logged on this system. It is the core function of the department and continues to allow trend patterns to be identified with any particular premises. This allows the department to focus and monitor any areas of concern.
From April 2021, the following measures have been taken by Greater Glasgow Licensing Department within the board area;

  • Interactions – 6
  • Interventions – 1
  • Review (Premises) - 0
  • Review (Personal) – 0

This year shows a low number of Interactions, Interventions and Reviews needing to be carried out primarily due to the effects of COVID-19 closures however is also testament to a good working relationship with the licensing trade and partner agencies within the area.
Over the same period for the East Dunbartonshire board area, Police Scotland have recorded the following common licensing offences under the Licensing (Scotland) Act 2005. These statistics have been collated from the Police Scotland Crime Management system and refer to crimes where the offender has been detected;

  • Section 101 – Unlicensed sale or supply of alcohol - 0 persons reported
  • Section 102 – Sale of alcohol to a child or young person - 0 persons reported
  • Section 103 – Allowing the sale of alcohol to a child or young person - 0 persons reported
  • Section 104 – Supply of alcohol to a child or young person - 0 persons reported
  • Section 105 – Purchase of alcohol by a child or young person - 0 persons reported
  • Section 111 – Drunk persons entering or in premises on which alcohol is sold - 0 persons reported
  • Section 115 – Disorderly conduct - 0 persons reported
  • Section 116 – Refusal of leave premises - 1 person reported

On a day to day basis officers from across Police Scotland continually carried out inspections to off and on sales premises in the board area. These totalled 321.

Incidents responded to by Police officers within licensed premises within the board area totalled 36.
The licensing department along with local problem solving officers in conjunction with Licensing Standards Officers carried out visits throughout the city to ensure compliance and engaged with licensees, designated premises managers and members of staff to ensure they understood the rules and regulations and were comfortable in how to operate in a safe manner.

Officers within the department continue to work closely with partner agencies, in particular East Dunbartonshire Licensing Standards Officers and the Security Industry Agency (SIA). On a day to day basis licensing officers continually provide advice and assistance to Local Policing Teams and Local Problem Solving Teams who are based within the board area in an effort to give these officers more confidence when it comes to visits and inspections to licensed premises.

The department receives a number of applications from East Dunbartonshire Council. These are processed in a timeous manner with a number of background checks being carried out to ensure public safety and the licensing objectives are met.

In the period of this report the department has processed 208 licensing enquires for the East Dunbartonshire Board area. They are broken down below;

  • Personal Licences – 70
  • Variations - 12
  • Premises Grants - 6
  • Occasional Licences - 120

Preventing the sale or supply of alcohol to children or young people

Police Scotland continually strives to maintain one of the core licensing objectives of protecting children and young persons from harm. Underage alcohol sales can lead to serious health risks in children, criminality and anti-social behaviour. It can further leave children vulnerable and susceptible to harm. Therefore it is imperative that any premises found to be engaging in underage sales, whether purposefully or not, are dealt with robustly and promptly. Along with this the trend of proxy purchases of alcohol by adults on behalf of children was emerging.

Asking an adult to buy alcohol for them is one of the most common tactics used by under 18s.
To deal with this, officers continued to operate the “Don’t Ask For It” campaign in partnership with the Scottish Alcohol Industry Partnership and the Community Alcohol Partnerships. The aim of the campaign is to raise the awareness that proxy purchase is a criminal offence which carries a fine of up to £5000 or up to 3 months imprisonment, or both.

By raising awareness of the consequences of proxy purchase, we hope to reduce the number of attempted purchases of alcohol for under 18s, reduce crime in the area and reduce anti-social behaviour and noise in the area.

Large volumes of leaflets and posters were distributed throughout the board area to off-sales along with advice provided by licensing officers.

Tackling serious and organised crime

The majority of licenced premises in the board area operate in accordance with liquor licensing legislation and undertake the sale and supply of alcohol in a safe and regulated environment. These are run by people who wish their premises to be an asset to their community and a legitimately run business. However a number of Serious and Organised Crime Groups (SOCGs) often make attempts to become involved in the running or ownership of ‘legitimate’ businesses and enterprises or by seeking to intimidate or influence legitimate operators. A recent Police Scotland statistic showed that 65% of SOCGs are involving in the use of seemingly legitimate business. This includes the licensing trade which they seek to exploit for their own criminal gains.
All licensing applications received to the Licensing Department are subject to extensive background and intelligence checks on any individuals named. If required then interviews with applicants and visits to the premises are carried out by officers from the department.

Another option used by the department is to Monitor Premises. Monitored Premises are any premises that the Area Commander, in consultation with the Licensing Department, considers requiring additional support or supervision. This is a low level approach to try and address any issues before a more formal measure may be required. One example of what might be categorised a monitored premises would be where links to serious and organised crime have been identified.

The department also continues works closely with Police Scotland’s Interventions Department, who monitor all aspects surrounding persons, businesses and organisations linked to serious and organised crime.
By continuing to focus on the four objectives of divert, deter, detect and disrupt the department will continue in its robust efforts to deliver on one of its national priorities in tackling serious and organised crime.

Proposed activity for the year ahead

Looking ahead into 2022/203 we will undoubtedly see a busier period for the licensing department with many large scale events now taking place again.

A previous campaign known as “Don’t Ask for It” which ran within the board area that tackled underage drinking by targeting the adults making proxy purchases has been rebranded and will be rolled out this year in conjunction with the Scottish Alcohol Industry Partnership. It will be known as “It’ll Cost You”. The previous campaign achieved some excellent results in reducing anti-social behaviour and public nuisance along with reducing the harm to children.

Officers from the department will be aiming to deliver the ‘Bystander’ input to members of the licensed trade. This input provides awareness of vulnerable persons and raises awareness of rape and sexual assault with the aim of prevention through early warning signs. This was delivered extensively this year.

Officers from the licensing department will conduct inputs to Local Policing Teams and Local Problem Solving Teams who are based with the board area in an effort to give these officers more confidence when it comes to visits and inspections to licensed premises. The department will continue to work closely with its partner agencies in order to meet its objectives and deliver on the national and local priorities.

To conclude we would like to thank you for your continued support during what has been a challenging year for all. We have all had to adapt to a new way of working and ever changing circumstances which has been embraced by all.

We look forward to a safe and healthy 2022/2023.