Agenda item

Presentation by Ian Tunnah, Licensing Standards Officer and  Michael Wynne, Licensing Standards and Enforcement Officer.

The Chairman welcomed Mr Ian Tunnah, Licensing Standards Officer and Mr Michael Wynne, Licensing Standards and Enforcement Officer, who were in attendance to give a presentation on raising concerns about alcohol in the community.  Mr Tunnah began the presentation explaining that the Licensing Scotland Act 2005, introduced in 2008, highlighted the importance of community engagement in decision making around licensing.   Alcohol was licensed as a high risk product and therefore subject to regulation.  The licensing system existed to regulate the sale of alcohol for the primary purpose of minimising harm to individuals and society, from the consumption of alcohol and this purpose should guide all decision making. 

Mr Tunnah continued that there was no longer public house licences, entertainment licences etc.  Instead there were three different types of licenses: Permanent licences (Premises); Temporary Licensing (Occasional) and Personal Licences (mangers/supervisors who manage the sale of alcohol).   Scottish Borders Licensing Board made the decision on licensing applications.  The Board comprised 10 elected Members, who acted independently from the Council in their decision making.   Community Councils must be consulted if a business wanted to sell alcohol and representatives were involved in the Local Licensing Forum.   Mr Tunnah emphasised that anyone could comment on alcohol licence applications or licensed premises applications. 

Mr Tunnah went on to explain the procedure followed when an application was received by Scottish Borders Licensing Board.  Applications for premises licence and persons’ licences were advertised for 21 days and neighbours and community councils were also consulted on the application.  However, occasional licences, of which there were approximately 1,500 per annum, were only notified on Scottish Borders Council’s website as there was a seven day turnaround.  In considering applications Scottish Borders Licensing Board ensured that the licensing objectives as outlined in the Scottish Borders Licensing Policy Statement 2013 – 2016 were met.  The objectives were: preventing crime & disorder; securing public safety; preventing public nuisance; protection and improving public health and protecting children from harm.    For anyone wanting to comment on an alcohol licence, it was important that the grounds for the objection were relevant and included supporting evidence.  Examples of relevant objections included: Children’s access/Family event, public safety, public health, noise, disorder/litter, extended hours.  Objections had to be in the name of an individual and be in writing or email.   Licensing Board hearings were held every month; officers, the applicant, their representative(s) and Board Members attended.

Mr Tunnah concluded by advising that Licensing Standards Officers would be pleased to provide advice, attend community council meetings or assist with any queries concerning licensing. The Alcohol Focus Community Toolkit, which detailed the decision making process, was available from the Licensing Standards Officers and on the website at www.alcohol-focus-scotland.org.uk.    Contact details were – Ian Tunnah (07827 281 705 or Ian.Tunnah@scotborders.gov.uk) or Mike Wynne (0781 570 7443 or Michael.wynne@scotborders.gov.uk).

Members asked for clarification on a number of points.   Mr Tunnah advised that he considered that overprovision was due to the low cost of alcohol, the fundamental problem being that 75% of all alcohol was consumed other than on licensed premises.   In Europe there was a balance with the price of alcohol off licence being similar to the price of alcohol on licence.     In respect of sanctions there was a personal licensing endorsement system.  Licences were granted for 10 years, after five years retraining was required.  Very few licences were revoked by the Licensing Board, and, if they were, this was generally because the annual fee had not been paid.   Mr Tunnah explained that if there was a report of the selling of alcohol to minors this information was shared with the Police Licensing team who would carry out test purchasing.   The Chairman thanked Mr Tunnah and Mr Wynne for their attendance and informative presentation.  

DECISION

NOTED the presentation.