Policy responses and statements
Background: Under the terms of the Licensing (Scotland) Act 2005 Ministers may issue guidance to Licensing Boards as to the exercise of their functions under the Act. The Act also requires that before the first guidance can be issued to Boards, it must firstly be approved by Parliament. In order to ensure that all those with an interest can feed into this process, the Scottish Executive is undertaking a consultation on a draft of the proposed guidance. In addition to the draft guidance, the Act also allows Ministers to prepare a range of secondary legislation (regulations) on a number of key issues. These regulations also require to be laid before Parliament for approval. In that respect, and to further ensure that all those with an interest can feed into this process, the Executive also sought comments on a draft of the proposed regulations. The consultation paper contains the draft guidance and the draft regulations with a short explanatory note on each regulations, on which comments were invited. The procedure for responding to this consultation is set out at Annex A to this letter. The regulations cover the following matters as: -
Following the consultation period, Ministers will consider the responses and make any necessary adjustments to the guidance and regulations. Both the draft guidance and all the draft regulations will then be laid before Parliament for approval, most likely in early February 2007. A report will be prepared and published setting out the Executive's response to comments raised in the consultation. The Executive will be preparing a further range of regulations on other matters that will include;- Training for personal licence holders (including refresher training); A consultation will be undertaken on a draft of these regulations in 2007 Scottish Intercollegiate Group on Alcohol
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Paragraph 12: |
It is essential that the Licensing Policy Statement will have to take into account the health consequences as well as public order etc. |
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Paragraph 24: |
We welcome the presumption against 24 hour opening, but are very concerned that the guidance appears to accept that applications up to 18 hours will be reasonable. We believe this to be excessive, as a general principle, and that this could lead to a worsening of Scotland’s already considerable alcohol-related harm. |
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Paragraph 33: |
Over-provision needs to be more rigorously defined and researched before the introduction of related measures. We welcome the clear direction of including off-sales as an integral part of over-provision agreement and believe that capacity has to be taken into account. |
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Paragraphs 49-51: |
We welcome the firm line on sports grounds in view of the risks of disorder and subsequent injury at major sporting events. |
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Paragraph 91: |
We welcome the recognition of the crucial influence of price in promotional activity and on harm. |
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Paragraph 93: |
We are surprised at the absence of any recognition of Scotland’s problems related to high, sustained levels of alcohol consumption. The 40% increase in hospital admissions as a result of liver disease since 1997 is one of Scotland’s major health challenges. Much of the increase in Scotland’s alcohol consumption is in the off-trade sector. When looking at irresponsible promotions, an exclusive focus on binge and underage drinking in the on-trade sector is completely unjustified. We believe the onus is on the off-trade sector to show that its promotional activity has not contributed to the increase in alcohol-related harm. |
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Paragraph 100: |
The statement that “Ministers do not intend to prescribe the prices at which any alcohol or measure of alcohol is to be sold” is inconsistent with the recognition of the influence of price in promotional activity and on harm in paragraph 91. The statement that “these provisions are directed specifically at promotional activity and not at pricing activity” is unclear. We believe they should also restrict pricing activity. |
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Paragraph 141: |
We welcome the emphasis on training for personal licence holders, but are concerned by the lack of reference to other staff, all of whom should be trained in the area of health problems related to alcohol consumption. We also believe that persons under 18 should not sell alcohol in any circumstances. |
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Paragraph 186: |
The use and management of Exclusion Orders needs to be carefully monitored. This is one strategy for excluding the binge drinker and the troublesome drinker from pubs. |
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Paragraph 192: |
The loophole whereby garage shops may be able to sell alcohol if there is community support needs to be much more clearly defined. We are doubtful if such a measure is necessary or desirable, and certainly the term “community response” needs to be clearly defined. |
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Paragraph 256: |
We welcome the emphasis on preventing sale to drunk persons, however “drunk” is difficult to define and staff will need specific training in managing cases of this sort. Individuals who are persistently drunk should also be offered information about how to access services to help them with their alcohol problems. |
We would add that we have not commented at any length about the detailed operation of the Act from Chapter 5 onwards. We would, however, observe that following the implementation of the 1976 Act, many activities which were intended to be exceptional became routine. The legitimate economic interests of the licensed trade and alcohol producers means that loopholes will be identified and utilised. It is, therefore, essential that the regulation of occasional licences, occasional extensions, relaxation for special events and other exceptional events ensures that these are used only for their intended purposes.
Contact:
Graeme McAlister,
SIGA,
9 Queen Street,
Edinburgh,
EH2 1JQ.
Tel: 0131 247 3693
[8 December 2006]