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
I am grateful to Richard Simpson for lodging amendment 85, which relates to expanding the notification requirement in relation to premises and major variation applications by amendment to the Licensing (Procedure) (Scotland) Regulations 2007, which is a piece of secondary legislation. The procedure regulations have not been updated since they first came into effect back in 2008. During that time, there has been considerable change to society and practices. It is therefore appropriate to look at the current regulations to ensure that the procedures and deadlines that they set out achieve what they are intended to achieve. We intend to review and, if necessary, update the licensing forms that are provided for in the procedure regulations. We also intend to update the regulations with the addition of a process of tacit authorisation within the alcohol licensing regime. I am aware of recent work on community engagement that was commissioned by the Glasgow Centre for Population Health, and I would like it to be taken into account when we review the procedure regulations. Some of the amendments will require consultation to ensure that they will work effectively. Other amendments are required to support the operation of the bill when it comes into force. We are therefore already committed to acting quickly to consult on and update the procedure regulations. I appreciate that Richard Simpson wants to ensure that the procedure regulations work as effectively as possible. However, I am concerned that amending the primary legislation and then updating the secondary legislation for the other issues that I have raised would create confusion and possibly introduce delays that could be avoided by dealing with everything at the same time as a comprehensive package. I do not want any amendments to the procedure regulations to generate unduly large additional burdens on licensing boards, nor do I want to increase bureaucracy to needlessly delay the processing of licence applications. In order to achieve that balance, it is preferable to deal with all the changes in the round so that appropriate consideration can be given to the impact on businesses and communities. On that basis, I encourage Richard Simpson to withdraw amendment 85, with the assurance that the Scottish Government will consult on updating the procedure regulations following royal assent, and I will be happy to keep members informed about the progress that we make on the matter.
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...