Hansard

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 a fit-and-proper-person test. The bill addresses that by introducing such a test to the 2005 act. Introducing a new test to an established licensing regime is not straightforward. The bill already includes six sections relating to the fit-and-proper-person test. We have engaged with stakeholders and carefully studied the large volume of useful material that was submitted in response to the committee’s call for evidence, as well as following the discussions that took place in the committee and reading the committee’s stage 1 report. That material has raised a small number of concerns about the fit-and-proper-person test that could mean that it would not work as well as we had intended. I have therefore lodged amendments to address those concerns. There were three areas of concern. The first was about the board’s ability to consider unsuitable associations as part of the fit-and-proper-person test. Secondly, there were concerns that requiring the automatic revocation of a premises licence in relation to the fit-and-proper-person test might discourage boards from taking action. Thirdly, concerns were raised about the ability of boards to consider conviction notices and reports by the chief constable as part of the fit-and-proper-person test for a new premises licence. 10:15 Amendment 38 seeks to amend the 2005 act on objections to and representations on premises licence applications. It is already open to any person to object to or make representations on a premises licence application. Amendment 38 clarifies that an objection to or representation concerning a premises licence application may include any information that the person who is making the objection or representation considers to be relevant to any of the grounds for refusal, including information about the applicant when they are neither an individual nor a council, a connected person in relation to the applicant, or any person who would be an interested party in relation to the premises if the application were to be granted. That will allow information to be provided that might be relevant to the board’s consideration of the fit-and-proper-person test. In particular, it will allow information to be provided about those who are associated with the applicant, not just the applicant. Amendment 39 is a technical drafting amendment. Amendment 40 seeks to amend the 2005 act on the determination of premises licence applications by clarifying that, in its consideration of the fit-and-proper-person test, the board can take into account any conviction notice and antisocial behaviour report supplied to the board by the chief constable. Amendment 41 is a technical drafting amendment supporting amendment 42, which seeks to amend the 2005 act on the transfer of a premises licence. The bill provides that, when considering a transfer application, the chief constable can provide the board with any information about the transferee and, when the transferee is neither an individual nor a council, about a connected person. Amendment 42 provides that the chief constable may also provide any information about anyone who would be an interested party to the transferee if the application for the transfer were to be granted. That would cover those who are already an interested party and who would continue to be an interested party if the transfer application were to be granted. Amendment 44 seeks to amend the 2005 act on the application for a review of a premises licence, to provide that any person who makes a premises licence review application may include any information that they consider to be relevant, including information about the licence holder, connected persons to the licence holder or interested parties to the licensed premises. Amendment 45 is a technical drafting amendment. Amendment 46 seeks to insert a new subsection into the 2005 act on a review of a premises licence on a licensing board’s initiative. The 2005 act enables licensing boards to initiate a review of a premises licence, and amendment 46 clarifies that the review proposal may include information about the licence holder, connected persons to the licence holder or interested parties to the licensed premises. Amendment 47 seeks to amend the 2005 act on a licensing board’s powers to review a premises licence. The bill provides for immediate revocation of a premises licence on the grounds that, having regard to the licensing objectives, the licence holder is not a fit-and-proper person to be the holder of a premises licence. However, concerns have been raised that without alternative disposals available to it, the board might be reluctant to find that a person is not fit and proper to hold a premises licence. I remain of the view that revocation is the correct option when a person is deemed not to be fit and proper to hold a premises licence. However, amendments 47 and 48 seek to address the concerns. Amendment 47 provides that a revocation under the licensing board’s powers of review takes effect at the end of a period of 28 days beginning on the day on which the board makes the decision. That provides a short period of grace in which the licence holder may take action to address the problems that led to the board making the findings. Amendment 48 inserts a new section into the 2005 act, which provides that when a licensing board has taken steps to revoke a premises licence on the ground that the licence holder is not a fit-and-proper person, the board must recall the revocation if the relevant application is made within that 28-day period and the board ultimately grants the relevant application. Amendments 47 and 48 provide that when the licence has been revoked on the ground that the licence holder is not a fit-and-proper person, the licence holder has 28 days in which to arrange a transfer of the licence to another person or to propose a variation that would address the board’s concerns. The amendments ensure that boards can take robust action when a licence holder is found not to be a fit-and-proper person and they offer reasonable traders the opportunity to take prompt action to address the board’s concerns and retain their licence. The changes will encourage boards to take appropriate action against those who are not fit and proper to hold a premises licence. I invite members to support the amendments. I move amendment 38. Amendment 38 agreed to. Amendments 39 and 40 moved—Michael Matheson—and agreed to. Section 43, as amended, agreed to. Section 44—Application to transfer premises licence: ground for refusal Amendments 41 and 42 moved—Michael Matheson—and agreed to.