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
These amendments amend the arrangements for the transfer of a premises licence in the alcohol licensing regime. Stakeholders have criticised the current procedure for the transfer of a premises licence, in which it is the original holder of the premises licence who must apply for the transfer. Often the original holder of the premises licence may have moved on or may be unwilling to engage with the process, but there is someone keen to take on the business. In contrast, under the Gambling Act 2005, it is the person who wishes to take on the business who must apply for the transfer. The Scottish Government is keen to improve procedure where it can, to reduce needless red tape and cumbersome procedures. As such, I have lodged these amendments to change the procedure for the transfer of a premises licence. Amendment 49 is the main amendment, which sets out the proposed changes to the transfer procedures in the Licensing (Scotland) Act 2005. The changes provide that it is the person seeking to take on the premises licence who must apply for the transfer of the licence. When they do that, they should specify a date on which the transfer should take effect, provide the original premises licence, or a statement of reason as to why that is not practical, and a written statement signed by the holder of the premises licence consenting to the transfer, or a statement as to why that is not practical. In addition, the board must take all reasonable steps to give notice of the transfer application to the original premises licence holder. That is a necessary protection against applicants submitting fraudulent consent letters or seeking to make a transfer without engaging with the original licence holder. The board may decide to dispense with the requirement for the written consent of the original premises licence holder if it is satisfied that the applicant has taken all reasonable steps to contact the original premises licence holder in order to obtain consent but has received no response. Where the board decides to dispense with the requirement for consent, it must hold a hearing to determine the application. Amendments 43, 57, 75, 77 and 78 are consequential; they remove references to section 34 of the Licensing (Scotland) Act 2005 that are no longer needed as a result of the changes in amendment 49. The amendments offer a transfer procedure that is more suited to the reality of business today but which has appropriate checks and balances to protect the interests of existing trade without imposing undue burdens on boards and clerking services. I move amendment 43. Amendment 43 agreed to. Section 44, as amended, agreed to. Section 45—Ground for review of premises licence Amendments 44 to 48 moved—Michael Matheson—and agreed to. Section 45, as amended, agreed to. Sections 46 to 48 agreed to. After section 48 Amendment 49 moved—Michael Matheson—and agreed to. Sections 49 to 52 agreed to. After section 52
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...