Scottish Borders Council

Agenda item

Update on National Policies and Policy Statement

Presentation by Alcohol Focus Scotland.

Minutes:

6.1       The Convener welcomed to the meeting Mr Aidan Collins, from Alcohol Focus Scotland, to give a presentation, as a joint CPD session, on Alcohol Licensing in Scotland and linking licensing policy to practice.  Mr Collins began with some background information about Alcohol in Scotland where there was the highest consumption and harm in the UK.  17% more alcohol was bought per adult in Scotland each year than in England and Wales.  There was increased availability and changing patterns of sales and consumption. Each year around 96% of applications for new licensed premises were approved.  In 2016, almost three-quarters of alcohol sold in Scotland was sold in supermarkets and off-licences.  Looking at trends in patterns of sales and consumption, in deprived areas there were 40% more places to buy alcohol than in more affluent areas; Scottish neighbourhoods with the most alcohol outlets had double the alcohol-related death rate compared to those with the fewest outlets.  Mr Collins went on to refer to the five objectives set out in The Licensing (Scotland) Act 2005:- preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children and young people from harm.

 

6.2       Alcohol Focus Scotland had recently held regional seminars which identified key themes within the licensing system and highlighted what was relevant to developing new policy statements:

 

·                    Joint working and collaboration – it emerged that parties were getting better at joint working.  Police felt that their relationship with the trade had improved.  Boards and Forums were starting to work together – in this respect the Borders worked well and was used as an example of good practice.

·                    Inconsistencies in policy and practice -  there was an inconsistency within Boards and between areas - with significant divergence of opinion.  It was suggested that Boards look at neighbouring areas and identify examples of good practice.

·                    Transparency, accountability and public participation – the importance of involving communities was emphasised.  Consulting on a draft policy statement gave local people an opportunity to have their say in shaping the local licensing environment.  Alcohol Focus Scotland’s Community Toolkit was designed to help anyone who would like to have a say on how alcohol impacted on their community.

·                    Legislative complexity and litigation – there had been a raft of changes that were difficult to navigate, much based on emerging case law.

·                    Resourcing of the licensing system – the licensing system needed to be adequately resourced.  The work of Licensing Standards Officers was valued but on a reducing budget they were required to do more.

 

There were 20 recommendations which arose from the key themes identified.  These were outlined in the publication ‘Taking Stock’ which would be launched shortly.  Mr Collins concluded his presentation by handing out copies of the updated Licensing Resource Pack.  This provided resources to support the collection of evidence on local alcohol-related harm, the development of licensing board policy statements and effective overprovision policies.

 

6.3       In response to a question in relation to decisions by the Licensing Board on grounds of overprovision and the risk of litigation from applicants, Mr Collins advised that if the Board’s decisions were well-reasoned, consistent and linked to policy a legal challenge was unlikely to succeed.  It was noted that the evidence-based Alcohol Profile was a legitimate reference on which to base decisions.  With regard to community engagement, Mr Tunnah confirmed that every licence application was sent to Community Councils for comment.  As there appeared to be a lack of understanding about how to get involved, Licensing Standards Officers had recently taken presentations to Area Forum meetings. The Convener thanked Mr Collins for his attendance and interesting presentation.

 

            DECISION

            NOTED the presentation

 

 

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