Initial consultation - Statement of Licensing Policy

East Dunbartonshire Licensing Board is reviewing its Statement of Licensing Policy.

The Statement of Licensing Policy will set out the policy on which the Licensing Board will base its decisions on how it regulates the sale of alcohol in East Dunbartonshire. The Statement of Licensing Policy will be published by November 2023 and will apply until 2028 unless replaced by another Statement of Licensing Policy.

In order to inform the new Statement of Licensing Policy, the Board is carrying out an initial, informal consultation between October 2022 and January 2023 to obtain a range of views as to what should be included in the new policy.

Following the drafting of the new Statement of Licensing Policy, a formal consultation, as required by the Licensing (Scotland) Act 2005, will be carried out on the new draft Statement of Licensing Policy. It is anticipated this formal consultation will take place in the summer of 2023.

The current Statement of Licensing Policy is in two parts:

  • The initial Statement of Licensing Policy which was published in November 2018
  • The subsequent Supplementary Statement of Licensing Policy which was published in September 2021.

 Both documents are available from the policy webpage.

Members of the public are invited to make comments on the Statement of Licensing Policy, including any changes you believe should be made for the new policy. Below is a list of topics on which the Board would welcome comments. However, you are welcome to comment on any other matters which you believe should be covered by the new Statement of Licensing Policy.

The Board would welcome views on the following matters:

Licensing Hours

The Board’s general policy for off-sales is that licensed hours of 10am to 10pm each day are appropriate for off-sales. Pages 23-25 of the Statement of Licensing Policy set out the Board’s current on-sales policy hours. Consultees are invited to make comments on whether there should be changes made to these hours.

Descriptions of Licensed Premises

In paragraph 15.6 of page 15 of the Statement of Licensing Policy there is reference to entertainment premises. Pages 23-25 of the Statement of Licensing Policy set out the on-sales hours for entertainment premises. Consultees are invited to comment on whether it is appropriate and/or necessary for there to be a separate category of entertainment premises within the categories of on-sales premises.

Licensing Conditions for Alcohol Delivery

The Board has noted that in recent years more and more premises are seeking permission to deliver alcohol to customers. The Licensing (Scotland) Act 2005 includes provisions regulating the delivery of alcohol. This includes the requirement to keep records of deliveries and the prohibition of delivering alcohol between midnight and 6am. The Board would welcome any comments on whether the Board should attach licensing conditions to premises that wish to deliver alcohol to customers. This may, for example, include a condition incorporating a Challenge 25 approach to the delivery of alcohol.

Overprovision

In the current Statement of Licensing Policy, there are two localities assessed as being areas where there is an overprovision of off-sales licensed premises. These are the locality of Hillhead, Kirkintilloch, and the Kirkintilloch West area. Full details of these areas are found on pages 17 and 18 of the Statement of Licensing Policy.

Consultees are invited to comment on whether there are other areas which should be assessed as overprovided. This includes whether the two localities currently assessed as being overprovided continue to be so, whether there is an overprovision of licensed premises in any other locality in East Dunbartonshire and whether there should be exceptions provided for within the terms of any overprovision policy.

In submitting comments on overprovision, consultees are asked to give consideration on what impact has been made by the introduction of minimum unit pricing for alcohol has made.

Supplementary Statement of Licensing Policy

The Supplementary Statement of Licensing Policy sets out issues to which the Board may have regard when considering major variation applications from on-sale premises seeking to extend their terminal hour to 1am or for new applications seeking a 1am terminal hour. This includes “evidence of a commitment to ongoing staff training and social responsibility, including late night transport arrangements for staff".

Consultees are invited to comment on whether there should be changes to the Statement of Licensing Policy as it applies to late night on-sales policy and what steps the Board could consider taking to ensure the safety of staff.

Submitting Consultation Responses

All consultation responses should be submitted by Tuesday 9 January 2023 by email to liquor.licensing@eastdunbarton.gov.uk or in writing to:

The Clerk of the Licensing Board
East Dunbartonshire Council
12 Strathkelvin Place
KirkintillochG66 1TJ