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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

Matheson, Michael SNP Falkirk West Watch on SPTV

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 opening in areas where it considers that that would cause an overcapacity of licensed premises. That can be useful from a public order perspective, in that disorderly behaviour, noise and other nuisances can be linked to areas where there is a high density of outlets selling alcohol. One example of that is disturbances at pub closing time. The tool is also useful from a public health perspective, in that easy access to alcohol can be associated with increased levels of alcohol-related harm. Amendment 82 would remove the provision that clarifies that a licensing board is entitled to treat as a locality the board’s whole area when considering whether there is overprovision. That provision was supported by the committee in its stage 1 report. It is important that the overprovision assessment is an effective and robust tool for licensing boards. Public health data may well be available only on a whole board basis, so it is important that boards can determine that there is overprovision across the board area. If we accepted amendment 82 and removed the provision that clarifies that licensing boards can class their entire board area as a single locality, we would risk undermining the work of licensing boards in assessing overprovision. They might be unable to rely on important population health data that is not available for small areas. I therefore ask the committee not to agree to amendment 82. 10:45 On Government amendments 50 to 52, the bill as introduced clarified that, in assessing overprovision, increased capacity may be considered separately from an increase in the number of licensed premises, and opening hours can also be considered. The rationale for that was that, even if there were no increase in the total number of alcohol outlets, the overprovision assessment would be relevant if existing premises attempted to increase their capacity and/or opening hours. However, following the bill’s publication, various stakeholders, including licensing board clerks and Alcohol Focus Scotland, expressed concerns about the drafting. Stakeholders were particularly concerned about the substitution of what was formerly a “must” consider with a “may” consider. Stakeholders have emphasised that the level of alcohol availability in terms of the number and capacity of licensed premises in a given locality is such important evidence for a licensing board when it considers overprovision that it needs to be retained as a mandatory consideration for a board. After consideration of the feedback received, we agree that it is more appropriate to retain the 2005 act’s original wording, to the effect that a licensing board “must ... have regard to the number and capacity of licensed premises in the locality” and, as amendment 50 states, that a licensing board “may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises in the locality”. Amendment 50 will therefore reinstate the mandatory consideration by licensing boards, when they consider overprovision, of the number and capacity of licensed premises in a locality, while making optional the consideration of such matters as the board considers appropriate, including the licensed hours of licensed premises in the locality. Amendments 51 and 52 will remove references in the 2005 act to what should be considered regarding overprovision as a ground of refusal when a licensing board is determining a premises licence application or an application for variation. The removal of those references will mean that licensing boards could refuse an application if they regarded that there would be overprovision were the application to be granted. I emphasise to the committee that we are not suggesting that numbers, capacity and licensed hours—among other things—are no longer relevant; rather, we merely suggest taking a slightly different approach to ensure consistency across the legislation. I hope that the committee will support my amendments, which will ensure consistency in the definition of overprovision. I ask the committee to reject amendment 82 and invite members to support amendments 50 to 52.

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Local Government and Regeneration Committee 20 May 2015

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