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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

Simpson, Dr Richard Lab Mid Scotland and Fife Watch on SPTV

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 to be taken at stage 1 or to allow for a prolonged period of consideration. The committee will be aware that I have introduced a fairly comprehensive member’s bill on alcohol issues and it has been allocated to the Health and Sport Committee. The issues that my member’s bill deals with were arrived at after the usual consultation process. However, after a helpful meeting with the Cabinet Secretary for Health, Wellbeing and Sport and, at her suggestion, I have lodged a number of the sections of my bill as amendments to the Air Weapons and Licensing (Scotland) Bill. Amendment 85, which is the first of those amendments, aims to enhance local people’s ability to influence alcohol licensing decisions. In particular, it would strengthen the arrangements for consultations on applications for a premises licence or a variation to such a licence, except for minor variations. The proposal arose from two sources. The first was communications with constituents who wish to have greater involvement in the licensing process, particularly with respect to variations and extensions of licences. Secondly, there was the experience in New Zealand of consulting communities in which the residents who might be affected more than the general public are given the opportunity to object. At present, under the Licensing (Scotland) Act 2005, which I will come back to in due course, a licensing board must consult people who occupy land immediately adjacent to the premises in question—that is, within 4m of the premises that are under consideration. Separately, the board must consult any community council whose area includes the premises. Amendment 85 would require boards to consult local residents within a much larger area where there is no community council in the relevant area or where the relevant community council is inactive. A 2013 Scottish Government survey showed that 84 per cent of the 1,370 community councils in Scotland are deemed to be active but those that are deemed to be inactive are much more likely to be located in areas of deprivation. Although the core of the amendment is to give greater rights to citizens, especially those in deprived areas, it would also extend the consultation period from 21 days to 42 days for active community councils and for the wider consultation that is proposed in the earlier part of the amendment. Community councils are unlikely to meet more than once a month, and they can sometimes meet less often at certain times of the year. The amendment would allow more time for consultation. In considering my member’s bill, I considered a more stringent set of measures that would follow more closely the New Zealand model whereby new licences would have to be reapplied for after one year and then every three years thereafter. However, given the current economic situation for the on-licence trade, and despite the fact that constraints on alcohol consumption are best achieved through reducing availability along with taking pricing measures, I have limited the amendment to the modest proposals to empower communities that are not empowered by a community council and to strengthen the ability of community councils by increasing their time to respond. Half of the respondents to my proposal were in general agreement. The industry does not favour the increases in consultation, as it believes that alcohol licensing forums and the existing law provide for sufficient consultation. However, alcohol licensing forums have limited representation and might not have representation from the area that is under consideration. I reiterate that we need to empower communities who feel that they are disempowered by the current arrangements. Amendment 85 is a proportionate approach and is backed by the British Medical Association and Alcohol Focus Scotland. I move amendment 85.

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Local Government and Regeneration Committee 20 May 2015

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