Agenda item

Aiden Collins, Alcohol Focus Scotland.

The Convenor welcomed Aidan Collins from Alcohol Focus Scotland.  Mr Collins explained that Alcohol Focus Scotland was a national charity, working to reduce alcohol harm.  The presentation today would focus on licensing developments, the main three being: the production of the Board’s Annual Functions Report; new policy statements; and, work to update Licensing Act guidance.

4.2       Mr Collins began by advising that the licensing system needed to be accountable to local communities.  It was therefore essential that local communities understood the licensing system and how it operated in their area.  Historically, there had been limited information available in an accessible format about the work of Licensing Boards.   In response to these concerns, the Air Weapons and Licensing (Scotland) Act 2015 had introduced a new duty on Licensing Boards to produce an Annual Functions Report which was required to include:  how Boards had regard to the objectives and their policy statements; a summary of decisions taken; and, the number of licences held in the area.   Annual Functions Reports were required to be published by July 2018, however, no guidance had been issued to help with understanding these obligations and there was different interpretations of what was required.  Alcohol Focus Scotland had undertaken a review of all published Annual Functions Reports (32 out of 40) to assess the extent to which they met statutory requirements and increased transparency.   Their review had found that the majority met the statutory requirements, but several contained only minimal information.  A report presenting the findings of their review had been published and this contained a number of recommendations for Scottish Government as well as for licensing boards and licensing forums.   Alcohol Focus Scotland had recommended that “local licensing forums should use the Annual Functions Reports as a tool to help fulfil their statutory purpose of keeping under review the liquor licensing system and the functioning of licensing boards in their area.”   Miss Elliot suggested that Alcohol Focus Scotland’s review be circulated to Licensing Forum members for further discussion at the joint meeting with the Licensing Board. 

4.3       Mr Collins then went on to discuss new licensing policy statements, highlighting that the consultation process had improved, with some boards proactive in meeting with groups that had not had much input in the past, such as young people.  Mr Collins, gave as an example, Highland Licensing Board’s consultation which had received 4,217 responses, demonstrating a high level of public interest in the availability of alcohol and licensing.   Mr Collins further advised that licensing boards had become more transparent, with many publishing the evidence received, with explanations of strengths/weaknesses of data.  Some boards had included a new approach to licensing objectives in response to the increase from off-sales for consumption at home and an increased awareness of alcohol related harm in private spheres as well as public.  Mr Collins gave as an example Glasgow Licensing Board’s decision to refuse off-sales applications on the grounds of public health in areas of high alcohol harm, even where there was no overprovision.   Some boards had identified that gender based violence had strong associations with alcohol and were working with local agencies to play their part.  Many boards were also asking applicants to supply written statements on how their application would impact on licensing objectives.  Similarly, some boards were requesting applicants to complete risk assessments to demonstrate how they would comply with the objectives.   Many boards were also setting out an approach to manage repeated occasional licences and events targeted at children.  Mr Collins advised that the Alcohol Focus Scotland would be reviewing the published policies and a full report on their findings would be available in the next few months.

4.4       Mr Collins concluded his presentation by advising that Scottish Government had launched a consultation in March 2019, on revised guidance for Licensing Boards.  The consultation had now closed and an analysis of responses would be published.  Alcohol Focus Scotland’s response had included: the overall purpose of the guidance; clarification as to the purpose of the licensing system; providing more detail on the meaning and interpretation of the licensing objectives; and, how boards should assess overprovision.   Mr Tunnah advised that with regard to overprovision, the number of public houses in the Scottish Borders remained consistent, any new licensing applications were for niche offerings and the licensing policy asked new applicants for an explanation of the facilities they were offering,    Mr Collins highlighted the issue with remote sales, particularly affecting the Scottish Borders, which had been flagged up with Scottish Government as requiring a national approach.    Miss Elliot added that the Forum had also submitted a response to the consultation.

4.5       Members discussed the presentation and the role of the Local Licensing Forum going forward.  Several members felt that a national review of forums was required, as local level training would only ever achieve so much.  A national review could identify, across the country, whether forums were functioning as intended and if not what support they may need.    Referring to the Forum’s scrutiny function, Mr Tunnah advised that initially in 2009, the Forum had made some challenges to the Licensing Board, and was pleased to note that the Board were now consistent in their decision making with good relationships and communication both within the forum itself and between the forum and board.   The vast majority of licensing applications are submitted to licensing officers, with any issues discussed with the applicant before submitting an application to the Board.  When asked what had worked well and less well the forum had noted previous support to local campaigns, and felt that this had been beneficial.

There was uncertainty over how to involve the community, or engage with the community more and highlighted that the time between meetings meant that it could be challenging to progress actions e.g. things tended to move on between meetings.  However, having more regular meetings would place additional time/resource commitments on people.  

Members from the trade felt that attendance at the forum was useful as it enabled them to keep up to speed with what was happening in the area, although it was also acknowledged within the forum that this was not its intended purpose.

There were examples of good practice within the board, such as in relation to not allowing alcohol to be sold during early morning hours for sporting events like the rugby world cup.  It was also felt that the board had taken a sensible approach to alcohol being available at children/young person’s events. It was discussed how the forum could potentially have more of a role in providing positive feedback to the board about where/how things are going well.

  The Forum then discussed training. It was discussed how forums have a high membership turnover, which meant that any training provided would need to be repeated for new members. 

It was generally felt that training covering the role and purpose of the forum would be the most beneficial, particularly for new members. 

It was suggested that a welcome pack developed at a national level, which included templates etc. which could be adapted at a local level, would be helpful. 

It was also suggested that eLearning modules could be particularly useful – this would enable new members to access training at whatever time they joined a forum, and would be available to people regardless of their location or availability to attend training in person.

.  The Convenor thanked Mr Collins for his attendance and his informative presentation. 

DECISION

NOTED the presentation.

AGREED

To request that Alcohol Focus Scotland’s review on Annual Functions Reports be circulated for discussion at the joint meeting of the Local Licensing Forum and Licensing Board;

To request that Alcohol Focus Scotland’s review of licensing policy statements be circulated when available;

To request that Alcohol Focus Scotland consider developing online training for Local Licensing Forums; and

That the Local Licensing Forum consider providing a welcome pack for new members.