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
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 with, respectively, a ban on advertising near schools and matters affecting children; advertising within licensed premises; and advertising at sporting and cultural events. The Nicholson review on licensing was established when I was justice minister, and it led to the Licensing (Scotland) Act 2005. It may be coincidence only, but the consumption of alcohol has been on a largely downward path since 2005. That may be due partly to the restriction on the display of alcohol to those areas that are licensed. Some members may remember when managers’ special offers were stacked high at the entrance to stores and in the aisles. Around the same time, Nicola Sturgeon, who was then a member of the Health and Community Care Committee, was endeavouring to curtail the advertising of tobacco. As she found, our powers in Scotland are limited in that respect, but I believe that we should seek to reduce the normalisation of alcohol in a similar manner to the way in which we did so for tobacco. Recent surveys have shown how successful that approach has been, with teenagers often unable to name tobacco brands that are familiar to all of us—even taking into account the various age groups of members, I think that we would all be aware of the brands. This lengthy section seeks the further denormalisation of alcohol. It is underpinned by the World Health Organization strategy on alcohol, which they have termed as being no ordinary product. The WHO believes that children and teenagers “who choose not to drink alcohol beverages have the right to be supported in their non-drinking behaviour and protected from pressures to drink.” The WHO strategy says that one of the 10 target areas for action should be the “marketing of alcoholic beverages”. The report recognises the need to reduce the impact of what are “sophisticated advertising and promotion techniques”, at least in respect of young people. I appreciate that advertising restrictions in the United Kingdom aim to avoid direct impact on young people, but alcohol advertising is so prevalent that brand identity is established at a very early age. The restrictions that the amendment proposes are aimed at reducing young people’s exposure. It would ban alcohol advertising in the vicinity of schools, nurseries, crèches and play areas; within retail premises other than in areas that are licensed; and at sporting and cultural events that mainly involve, or are principally aimed at, under-18s. 10:30 The so-called loi Evin in France sets out clear definitions for alcoholic drinks and clear guidance on how the law is to be applied. It bans any advertising that is aimed at children and any advertising on television, in cinemas or at any sporting or cultural event, and it applies across the board. It is interesting that the predicted demise of sports that have been deprived of alcohol advertising in France has simply not occurred. It is also interesting that France, which had a severe alcohol problem in the 1980s and 1990s, as severe as ours was in 2005, has now moved back to the European Union average for alcohol problems. That is an extremely significant improvement. The restrictions that I propose will complement the voluntary arrangements of self-policing by the industry-funded Portman Group. The Portman Group has a code, but that does not apply to wholesalers or to retail-led promotional activities. The advertising standards are tested, I believe, on an almost daily basis by radical new promotion methods. Specifically, amendment 186 would ban advertising within 200m of certain premises that are used by children—schools, nurseries, crèches and children’s play areas. The restrictions will apply to billboards, hoardings, bus shelters and advertisements in or on licensed premises, excepting displays that are primarily to be seen from inside the premises. Displays on A-boards, displays of cans and bottles in shop windows and offers outside shops, pubs and restaurants would all be banned. There would be an exemption for factual information displayed at pubs. Premises that are used for other purposes, such as community halls where a nursery or crèche may be hosted on an occasional basis and open spaces that are not specifically intended for children but which may be used by children and families, would be exempt. Currently, although the display of alcoholic products in licensed premises is limited, advertising is not. The amendment would restrict advertising to the licensed area. As I have said, the loi Evin is a blanket ban on alcohol advertising at sporting and cultural events. Although that might be desirable from a public health standpoint, much of our sport is very reliant on alcohol advertising. A blanket ban may happen in time—and, putting on my hat as the psychiatrist in addictions that I was before becoming a politician, I hope that it will—but for now I have attempted the more modest but difficult task of restricting bans to venues where under-18s are the primary group to be involved in, or the audience to, sporting and cultural events. The restrictions will not apply to open-air or on-street activities. Cultural events were also difficult to define, but I believe that the balance is correct in the amendment. The responses to my consultation ranged—as you might expect—from support for the full loi Evin approach to a preference for the status quo. The only response that surprised me was the one from the Advertising Standards Authority; it felt that there was no need for additional restrictions. The proposals in my bill were supported by 81 per cent of respondents. The BMA and Alcohol Focus Scotland are backing the amendment and the Law Society of Scotland was very positive in its consultation response. I move amendment 86.
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...