Agenda item

Consider report by the Clerk presenting a summary of the work of the Scottish Borders Licensing Board and the staff supporting the Board (copy attached).

3.1       There had been circulated copies of a report by the Clerk to the Licensing Board presenting a summary of the work of the Scottish Borders Licensing Board and the staff supporting the Board.  It was hoped that the report would assist the Forum to facilitate its scrutiny role of how the Board discharged its duties and responsibilities in terms of the Licensing (Scotland) Act 2005 as amended.  The Managing Solicitor, Ron Kirk, presented the report and highlighted the main points. Since the last joint meeting on 6 December 2017 the Board had met ten times.  At each Board meeting, in addition to determining applications and reviews, Members considered all matters which had been dealt with under the delegated powers of the Clerk where both the Act permitted this method of determination and there had been no objection or representation in respect of the application.  The majority of delegated decisions were in connection with grants of occasional licences which were a feature of sporting fixtures and local festivals in the Community.  1,319 Occasional Licences had been granted in this period of which 372 were granted to voluntary organisations.  In addition, 103 applications by the holders of a Premises Licence for extended hours were granted.  The other reported decisions related to minor variations of premises licences, substitution of premises managers, grants of personal licences and transfers of premises licences.  

3.2       The Board had considered 17 applications to vary premises licences in the period. This included both major variations which must be determined by the board and applications which attracted objections or representations.    The Board arranged Review Hearings in respect of 12 premises licences.  All were in relation to notices for failure of premises to make payment of the annual fee.  This resulted in 5 licences being revoked, 2 licences being suspended and 2 licences being surrendered, with the other 3 licence holders making payment prior to the hearing taking place.  The Board granted 10 new Premises Licences.

3.3       One of the main functions of the Board was to finalise its Licensing Policy Statement.  At its meeting on 20 April 2018, the Board agreed a draft Statement of Licensing Policy for consultation.  A 12 week period of consultation took place from 8 May until 31 July.  A total of 35 responses were received.  19 were from individuals, 9 were from licensees and 7 were from organisations including the Forum and Alcohol Focus Scotland.  Following the close of the consultation period officers’ on behalf of the Board considered all responses received and thereafter proposed revisals to the draft policy statement for consideration by the Board.  The Board considered the proposed revisals at its meeting on 26 October 2018 when the proposed revisals were accepted and the revised draft policy statement was approved by the Board and subsequently published.  The Board acknowledged the work of the Forum in producing the alcohol profile and keeping it under review and also their contribution to the review of the final Policy Statement.

3.4    On 20 December 2017 the remaining part of Section 56 of the Air Weapons and Licensing (Scotland) Act 2015 came into force.  Accordingly this required the Board to produce an Annual Functions Report for the period 1 April 2017 to 31 March 2018.  The Board was required to include a statement explaining how it had regard to the licensing objectives and its policy statement in the exercise of its functions, a summary of the decisions made by the Board and information on the number of licences held in the Boards area including occasional licences. The Board considered and approved its first Annual Functions Report at its meeting on 24 August and the report was subsequently published thereafter. The Board was also required to produce an Annual Financial Report for the period 1 April to 31 March.  This was a requirement which was also brought into effect by Section 56 of the Air Weapons and Licensing (Scotland) Act 2015 and which came into force on 15 May 2017.  The Board considered its Annual Financial Report at its meeting on 24 August and following an amendment approved the report at its next meeting on 16 November 2018.  The report was subsequently published thereafter.

DECISION

AGREED to:-

(a)        note the report; and

(b)       request that the Clerk continue to provide updates to the joint meeting          on an annual basis.