Issue - meetings

Ruth O’Hare, Depute Clerk to Aberdeen City Licensing Board addressed the meeting. 

Statement of Licensing Policy

Mrs O’Hare advised that the Licensing Policy requires to be reviewed every 3 years and that it was due to be reviewed and published by 30 November 2016.  She advised that officers were looking at developing a timeline and putting procedures in place to work to that timeline and would welcome the Forum’s input into that process. 

Personal Licences

Mrs O’Hare advised that one of the greatest challenges for the Board over the past year had been the revocation of personal licences due to many licence holders failing to complete refresher training.  The terms of the Licensing (Scotland) Act 2005 were rigid and provided no discretion for the Board.  The Act also placed a prohibition on re-applying for a further licence for a period of five years following revocation.  This would however now be resolved by an amendment made by the Air Weapons and Licensing (Scotland) Act 2015. 

Air Weapons & Licensing (Scotland) Act 2014

Mrs O’Hare advised that the Air Weapon and Licensing (Scotland) Act was passed on 25 June 2005 and is another piece of licensing legislation which has an impact for the Board.  

Mrs O’Hare went on to summarise the content of the new Act which related to liquor licensing. Some of the main relevant provisions are as follows: young persons are added to the objective protecting children from harm; and, a new offence of supplying alcohol to young persons is introduced, the fit and proper person test as a ground for review is reintroduced; new transfer provisions are introduced where the licence holder is absent; angostura bitters is now defined as alcohol; the Board will be under a duty to provide annual reports on its duties and finances; and the Board will have 9 months to determine applications. 

The Act is not yet in force and is still to receive royal assent.

Sandy Kelman commented that the Act also allowed a Board to declare their whole area as an area of overprovision.  Mrs O’Hare confirmed the position.  

The Joint Meeting resolved:-

to note the update.

The Convener referred to article 8 of the minute of the previous meeting (Door Supervisors’ Working Group) and asked if there was any update.  Eric Anderson advised that the Working Group had held several meetings, but there had been difficulty getting the necessary information from the licensed trade in relation to the number of door stewards employed.  He added that imposing a condition in relation to the number of door stewards would also have involved a series of review hearings for the particular premises involved.  The consensus of those involved had therefore been that the issue had been investigated as far as possible, but that it was difficult to bring the matter to a conclusion.  Councillor Boulton added that the licensed trade had given the impression that they felt it was an operational matter for them to take forward, and that they recognised that if a problem arose as a result of a lack of door stewards, their licence could be in jeopardy.  Inspector Hume agreed, and advised that national advice had been sought, however there was no onus on the Licensing Board to dictate the number of stewards employed.  The Security Industry Authority (SIA) was looking nationally to develop a policy in relation to risk assessment for premises.  The Police were in contact with the National Licensing Policy Unit to see how they could assist, and Inspector Hume advised that this this would come back to either the Licensing Board or the Local Licensing Forum in due course.

Finally, Inspector Hume advised that the Police had recently given a presentation to both the licensed trade and the Local Licensing Forum on how Police Scotland was operating with licensed premises, and suggested that the Licensing Board might also find the presentation to be of interest, as it gave clarity on how the Police took decisions.

The Joint Meeting resolved:-

(i)           to note the update in relation to the Door Stewards’ Working Group, and the fact that the issue had been taken as far as it could be at present;  and

(ii)          to agree that the Police give their presentation to the Licensing Board, at a date to be arranged.