Committee
Local Government and Regeneration Committee 20 May 2015
20 May 2015 · S4 · Local Government and Regeneration Committee
Item of business
Air Weapons and Licensing (Scotland) Bill: Stage 2
Good morning and welcome to the 15th meeting in 2015 of the Local Government and Regeneration Committee. If you wish to use tablet devices or mobile phones during the meeting, please switch them to flight mode as they may otherwise affect the broadcasting system. Some committee members may consult tablet devices during the meeting because we provide meeting papers in digital format. Apologies have been received from Cara Hilton. Our only item of business today is our second day of stage 2 consideration of the Air Weapons and Licensing (Scotland) Bill. I welcome back Michael Matheson MSP, the Cabinet Secretary for Justice. I also welcome Dr Richard Simpson MSP, who is attending to speak to amendments in his name. Today we will consider sections 41 to 59 and all amendments to those sections; the sections form part 2 of the bill and amend the alcohol licensing system in Scotland. I remind members that, as the office of the clerk is closed on Friday 22 and Monday 25 May, the deadline for lodging amendments to parts 3 and 4 is 12 noon today. Before we move on to consideration of amendments, it would be helpful if I set out the stage 2 procedure. Everyone should have with them a copy of the bill as introduced, the marshalled list of amendments that was published on Monday, and the groupings of amendments, which sets out the amendments in the order in which they will be debated. There will be one debate on each group of amendments. I will call the member who lodged the first amendment in each group to speak to and move their amendment and to speak to all the other amendments in the group. Members who have not lodged amendments in the group but who wish to speak should indicate by catching my attention in the usual way. If he has not already spoken on the group, I will invite the cabinet secretary to contribute to the debate before I move to the winding-up speech. As with a debate in the chamber, the member who is winding up on a group may take interventions from other members if they wish. The debate on each group will be concluded by me inviting the member who moved the first amendment in the group to wind up. Following the debate on each group, I will check whether the member who moved the first amendment in the group wishes to press their amendment to a vote or withdraw it. If they wish to press ahead, I will put the question on that amendment. If a member wishes to withdraw their amendment after it has been moved, they must seek the committee’s agreement to do so. If any committee member objects, the committee must immediately move to the vote on the amendment. If any member does not want to move their amendment when I call it, they should say, “Not moved.” Please remember that any other MSP may move such an amendment. If no member moves the amendment, I will immediately call the next amendment on the marshalled list. Only committee members are allowed to vote at stage 2. Voting in any division is by show of hands. It is important that members keep their hands clearly raised until the clerk has recorded the vote. The committee is required to indicate formally that it has considered and agreed each section of the bill, and so I will put the question on each section at the appropriate point. Today we will go no further than the end of part 2 of the bill. Sections 41 and 42 agreed to. After section 42
In the same item of business
The Convener (Kevin Stewart)
SNP
Good morning and welcome to the 15th meeting in 2015 of the Local Government and Regeneration Committee. If you wish to use tablet devices or mobile phones d...
The Convener
SNP
Amendment 85, in the name of Dr Richard Simpson, is in a group on its own.
Dr Richard Simpson (Mid Scotland and Fife) (Lab)
Lab
I apologise to you, convener, to the committee and to the cabinet secretary and his team for the fact that amendment 85 was lodged too late to allow evidence...
The Convener
SNP
Obviously, the committee has not taken evidence on any part of the amendment.
The Cabinet Secretary for Justice (Michael Matheson)
SNP
I am grateful to Richard Simpson for lodging amendment 85, which relates to expanding the notification requirement in relation to premises and major variatio...
The Convener
SNP
I invite Dr Simpson to wind up and to press or withdraw his amendment.
Dr Simpson
Lab
I thank the cabinet secretary for his considered and helpful reply. It is timely that we should review the regulations governing the whole process. Availabil...
The Convener
SNP
Amendment 38, in the name of the cabinet secretary, is grouped with amendments 39 to 42 and 44 to 48.
Michael Matheson
SNP
The amendments in this group relate to the fit-and-proper-person test. Many stakeholders have criticised the Licensing (Scotland) Act 2005 for not including ...
The Convener
SNP
Amendment 43, in the name of the cabinet secretary, is grouped with amendments 49, 57, 75, 77 and 78.
Michael Matheson
SNP
These amendments amend the arrangements for the transfer of a premises licence in the alcohol licensing regime. Stakeholders have criticised the current pro...
The Convener
SNP
Amendment 86, in the name of Dr Richard Simpson, is in a group on its own.
Dr Simpson
Lab
Amendment 86 deals in essence with the question of advertising of alcohol. It does so mainly through inserting new sections 122A, 122C and 122D, which deal w...
The Convener
SNP
No other members wish to enter the debate. I say once again that we took no evidence on this issue at stage 1. I call the cabinet secretary.
Michael Matheson
SNP
I am grateful to Dr Simpson for taking us through amendment 86 which, among other things, seeks to restrict the advertising of alcohol near premises that are...
Dr Simpson
Lab
I again thank the cabinet secretary for what must be his initial views, as the amendment was submitted only very recently. I concur with him that the proposa...
The Convener
SNP
Amendment 82, in the name of Cameron Buchanan, is grouped with amendments 50 to 52.
Cameron Buchanan (Lothian) (Con)
Con
Amendment 82 seeks to remove section 54(2)(a), which would amend section 7(2) of the 2005 act to say that a licensing board “may determine that the whole of...
Michael Matheson
SNP
I am grateful for Mr Buchanan’s comments on his amendment. Overprovision is a valuable tool by which a licensing board can prevent new licensed premises from...
Cameron Buchanan
Con
I am disappointed that the cabinet secretary does not think that the restriction is too much. It will have a detrimental effect on economic development. It i...
The Convener
SNP
The question is, that amendment 82 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Buchanan, Cameron (Lothian) (Con) Against Adamson, Clare (Central Scotland) (SNP) Coffey, Willie (Kilmarnock and Irvine...
The Convener
SNP
The result of the division is: For 1, Against 5, Abstentions 0. Amendment 82 disagreed to. Amendments 50 to 52 moved—Michael Matheson—and agreed to. Secti...
The Convener
SNP
Amendment 87, in the name of John Wilson, is grouped with amendments 88 to 90.
John Wilson (Central Scotland) (Ind)
Ind
I put on record my appreciation to Alcohol Focus Scotland for its suggestions on amendment 87. The amendment would insert a proposed new section 9B in the 20...
Michael Matheson
SNP
I am grateful to Mr Wilson for lodging the amendments and I am certainly sympathetic to the views that he expressed on an annual report; I am also mindful of...
The Convener
SNP
Will you take an intervention, please? Will you indicate the timescale for the consultation and reporting back? The committee has a great interest in this area.
Michael Matheson
SNP
As I was just about to say, I ask Mr Wilson to withdraw his amendment with a view to a suitable stage 3 amendment being drafted that will be informed by enga...
Alex Rowley (Cowdenbeath) (Lab)
Lab
Does the minister accept that there needs to be more openness and transparency in engaging with the public in the licensing process so that they get a better...
Michael Matheson
SNP
There is great merit in that. We need to manage that against the burden that is placed on licensing boards in undertaking reporting. That is why I want to co...