Item 3 - Report on Licensing Board Policies and Procedures
West Dunbartonshire Council · 4 March 2025
Back to Licensing Board — 4 March 2025 and its agenda
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WEST DUNBARTONSHIRE LICENSING BOARD Report by Clerk to the Licensing Board Licensing Board – 4 March 2025 Subject: Update and review of Licensing Board’s Policies and Procedures 1 Purpose 1.1 To inform Members of the proposed review of the Licensing Board’s policies and procedures to make sure that they align with the Licensing Board’s broader equalities objectives as well as considering the needs of the community and licensed trade. 2 Recommendations 2.1 It is recommended that Members:- a) note the need for updated mainstreaming and equality outcomes; b) note and approve the review of policies and procedures; c) agree that the Licensing Board requests that the Licensing Forum forms a working group to support officers in reviewing licensing policies and procedures; and d) note that the outcome of the review will be reported back to future meetings of the Licensing Board and Licensing Forum. 3 Background 3.1 The Licensing Board is responsible for regulating the sale of alcohol and land based gambling activities within West Dunbartonshire. Each licensing regime is underpinned by statutory licensing objectives that set out how licensing policies should be developed and how applications are determined. Members should note that these licensing objectives are not broad public interest aims but instead are tied to activity being licensed. 3.2 When discharging its functions through the aforementioned licensing regimes, the Licensing Board must make sure that their decisions comply with the Equality Act 2010 and in particular, the Public Sector Equalities Duty. The Licensing Board’s responsibilities under the Equality Act 2010 are wide, however, Members will be aware that when exercising a public function they must not do anything that constitutes discrimination, harassment or victimisation of a person with protected characteristics. Similarly the Public Sector Equalities Duty requires that they have due regard to the need to (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons
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who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. For the avoidance of doubt, the Equality Act 2010 defines protected characteristics as follows:- • age; • disability; • gender reassignment; • marriage and civil partnership; • race; • religion or belief; • sex; and • sexual orientation. 4 Main issues Equality mainstreaming and equality outcomes 4.1 The Equality Act 2010 and Equality Act 2010 (Specific Duties)(Scotland) Regulations 2012 requires the Licensing Board to produce an equality mainstreaming and equality outcomes report. Given the narrow remit of the Licensing Board, the details of this report will be incorporated into West Dunbartonshire Council’s report. 4.2 Officers of the Licensing Section and Performance and Strategy team have met and discussed how the Licensing Board can best meet the mainstream equality duty and to identify equality outcomes that work towards meeting the requirements of the equality duty. Review of policies and procedures 4.3 The Licensing Board’s licensing policies and procedures have been developed over time to meet legislative requirements. These policies and procedures will have been prepared to meet legal requirements both in terms of the licensing regime and the wider legal framework that the Licensing Board must work within (including but not limited to the Equality Act 2010). 4.4 Given changes to societal expectations, trade practice, and technological developments, it is good practice that these policies and procedures are reviewed so to evaluate their impact (if any) on persons with protected characteristics and to make sure that they align with the Public Sector Equality Duty so far as permitted by law. So that the Licensing Board can make fully reasoned decisions, it is important that it understands the full impact of its current and proposed policies and procedures on the licensed trade. 4.5 It is proposed that the review will focus on the Licensing Board’s alcohol licensing function. As Members will be aware, the number of gambling premises is small compared to the number of premises licensed for the
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sale of alcohol. In relation to the alcohol licensing function, given that the Licensing Board’s statement of licensing policy has recently been reviewed, it is proposed that the review will focus on procedures. Albeit, if any issues are identified with the statement of licensing policy, that will be reported to Members. 4.6 Given that the Licensing Forum’s functions include giving such advice and making such recommendations to the Licensing Board as the Licensing Forum considers appropriate, it is proposed that the Licensing Forum forms a working group that represents its diverse membership. This working group will work alongside officers of the Licensing Section to identify areas of the policies and procedures that require to be considered by the Licensing Board. 4.7 The outcome of this engagement will be reported to a future meeting of the Licensing Board with officers’ suggestions of how policies and procedures could be improved to reflect the findings of the engagement exercise where applicable. Members should note at this stage that matters raised through the exercise may fall outwith the remit of the licensing authority, however, officers will feed that information to the appropriate services or organisations. 5 Options Appraisal 5.1 No options appraisal was required for this report. 6 People Implications 6.1 There are no personnel issues at this stage. 7 Financial and Procurement implications 7.1 No financial or procurement implications. 8 Equalities Impact Assessment (EIA) 8.1 EIA1241: Screened as not relevant. No policies or procedures are being amended. This report proposes to establish a review of the policies and procedures. As part of this review, stakeholders from a diverse range of backgrounds (including those groups representing persons with protected characteristics) will be consulted. This will form the basis for further EIAs. 9 Consultation 9.1 Officers of the Licensing Section will engage with colleagues in the Performance and Strategy team. 10 Strategic Assessment
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10.1 Licensing plays a key role to make sure our communities are resilient and thriving. Alan Douglas Clerk to the Licensing Board 4 March 2025 Person to contact: Michael McDougall Depute Clerk to the Licensing Board michael.mcdougall@west-dunbarton.gov.uk Appendices: None Background papers: None Wards affected: All