Document Pack - Supplementary Agenda - Licensing Board - 7 March 2023
West Dunbartonshire Council · 7 March 2023
Back to Licensing Board — 7 March 2023 and its agenda
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West Dunbartonshire Licensing Board Alan Douglas, Clerk to the Licensing Board Council Offices, 16 Church Street, Dumbarton G82 1QL Telephone 01389 737800 Email: alan.douglas@west-dunbarton.gov.uk 1 March 2023 MEETING OF WEST DUNBARTONSHIRE LICENSING BOARD:- TUESDAY, 7 MARCH 2023 ITEMS TO FOLLOW Dear Member With reference to the agenda for the above meeting of West Dunbartonshire Licensing Board which was issued on 17 January 2023, I attach for your attention, the undernoted reports which were not available for issue at that time. Yours faithfully ALAN DOUGLAS Clerk to the Licensing Board Notes referred to:- 4 APPLICATION FOR VARIATION OF PREMISES LICENCE Submit updated Details Page for Application for Variation of Premises Licence with final comments on application. 195 - 196 Page 193
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8 STATEMENT OF LICENSING POLICY – OVERPROVISION 197 - 213 EVIDENCE FROM POLICE SCOTLAND Submit report by the Clerk to the Licensing Board providing information detailing alcohol related crimes as contained in a Police Scotland report. Distribution:- Councillor Gurpreet Singh Johal Councillor Jonathan McColl Councillor James McElhill Councillor June McKay Councillor John Millar Councillor Lawrence O’Neill Councillor Chris Pollock Councillor Hazel Sorrell All other Councillors for information Chief Executive Chief Officer – Regulatory and Regeneration Date issued: 1 March 2023 Page 194
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THE LICENSING (SCOTLAND) ACT 2005 Application for Variation of Premises Licences Ref: WDLBPREM/0026. Name and Address of Premises: Lomond Service Station, 200 Main Street, Jamestown Balloch G83 8PW. Applicant/Licence Holder: TLT Solicitors. Type of Premises: Off Sales. Proposed Application: Full refurbishment of premises to enhance convenience store within petrol filling station. Substantial upgrading of premises and extension of convenience offer. Include food to go and deli (Subway counter). Various changes to the licence are proposed, such as: Increase off sale capacity from 10.8m2 to 14.92m2. Amend off sale hours to allow the sale of alcohol from 10am on Sunday There are also miscellaneous changes proposed to the operating plan: Q4 – Remove seasonal variations Q5 – Allow recorded music within and outwith core hours Q5 – Additional information add– “background recorded music may be played when premises is open” Q5f) – Replace existing with the following wording – “the premises will open outwith core licensed hours for the sale of other goods and provision of services consistent with a filling station/convenience store, the premises may also offer a 'food to go' service, lotto, payment solutions, free ATM.” Police Authority Comments: No Objection. Licensing Standards Comments: Licensing Board members may wish to consider if this application is contrary to the Board’s Statement of Licensing Policy: Overprovision. Item 4 Page 195
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Fire Authority Comments: No comments received. Regulatory Services Comments: No comments. Community Council Comments: No comments received. Health Board Comments: No objection. Access Panel: No comments received. Additional Comments: None Section 50 Certificates: Not required. Decision: Page 196
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WEST DUNBARTONSHIRE LICENSING BOARD Report by Clerk to the Licensing Board Licensing Board: 7 March 2023 Subject: Statement of Licensing Policy – Overprovision – Evidence from Police Scotland 1 Purpose 1.1 To submit information detailing alcohol related crimes as contained in the Police Scotland report as annexed at Appendix 1. 2 Recommendations 2.1 It is recommended that the Board:- (a) Notes the terms of the information submitted from Police Scotland; and (b) Considers whether to request any further data or information from Police Scotland. 3 Background 3.1 At its meeting on 1 November 2022, the Board considered a report from its Clerk outlining matters relating to the development of its Policy and Assessment of Overprovision. It subsequently agreed to various actions including requesting that Police Scotland provide statistical evidence relating to alcohol related crime to inform its considerations around Overprovision. 3.2 As Members will be aware, Section 7 of the Licensing (Scotland) Act 2005 requires the Board’s Policy Statement to include a statement detailing the extent to which the Board considers there to be overprovision of (a) licensed premises; or (b) licensed premises of a particular description, in any locality within the Board’s area (“Assessment of Overprovision”). 3.3 In order to stand up to scrutiny, the Board’s Assessment of Overprovision must be evidence based. When considering any evidence, the Board must have due regard to the five licensing objectives: preventing crime and disorder; securing public safety; preventing public nuisance; protecting and Item 8 Page 197
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improving public health; and protecting children and young persons from harm. 3.4 The information provided by Police Scotland relates to the licensing objectives of preventing crime and disorder, preventing public nuisance, and protecting children and young persons from harm. 4 Main issues 4.1 The data supplied by Police Scotland sets out alcohol related crime statistics in relation to the West Dunbartonshire area with reference to the number and location of licensed premises. Page 4 of the report identifies the methodology used to compile the statistics. 4.2 The report from Police Scotland highlights various statistics that will be of particular interest to Members. In particular Members will note: • Table 1 shows the number of Group 1 Crimes of Violence where alcohol was consumed (these are crimes considered to have involved serious violence and include murder, attempted murder etc) recorded within each Intermediate Zone during the period 04 November 2021 – 03 November 2022. The report highlights that levels of serious violence has seen a slight increase in recent years with an increase of 13.4% compared to the five year average for the period April – October 2022. It is also noted that the highest number of crimes per 10,000 head of population was recorded within IZ08 (Mountblow/Parkhall) and IZ18 (Balloch North). • Table 2 sets out details of crimes and incidents of disorder which cause annoyance to members of the community or damage to their property. The report narrates that during 2021/22 both disorder crimes and incidents within West Dunbartonshire followed an overall downward trend compared to the previous three year average. • Table 3 provides details of youth related disorder incidents. The report narrates that the statistics show an overall downward trend in youth disorder within West Dunbartonshire during 2012/22 when compared to the previous three year average. • Table 4 provides details of alcohol specific crimes, for example, consuming alcohol in public or being drunk and incapable. The report highlights that while there is a downward trend with this type of crime, it may be in part related to Covid-19 and the impact of lockdown. Page 198
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• Table 5 details the number of domestic crimes and incidents which were tagged with an alcohol marker. This means that the victim, offender, or both had consumed alcohol. The report narrates that the total number of incidents with an alcohol marker recorded in 2021/22 was 291 which is a reduction from the 411 recorded in 2020/21 and is lower than the previous three year average figure (388). • Pages 10 and 11 of Police Scotland’s report set out the key findings including a table that ranks intermediate data zones in West Dunbartonshire by the number of crimes and incidents occurring per 10,000 head of population. Members will note that the table usefully details the number of licensed premises in each intermediate data zone as well as the number of alcohol specific crimes per 10,000 head of population. 4.3 The Board will, at this and future meetings, receive reports detailing further information received from other partners as well as the outcome of a pre- consultation survey with key stakeholders and a report with recommendations from the Licensing Forum. Having considered all this information, they will progress with identifying a locality or localities where they consider there to be overprovision and thereafter consult with the relevant parties. 5 People Implications 5.1 The work involved in gathering evidence and preparing the Policy has workload implications for the Board during 2023 but this can be accommodated within existing staffing resources. 6 Financial and Procurement Implications 6.1 The Policy will allow applicants to assess whether there are sufficient prospects of success should they proceed with an application. Therefore a clear policy will assist applicants in avoiding unnecessary expenditure on lodging and legal fees. 6.2 A Policy that is legally unsound or based on erroneous material is more likely to be legally challenged. Such a challenge, should it be successful, will leave the Board liable to possibly substantial legal fees. A well-evidenced Policy will diminish the chances of a successful legal challenge. 7 Risk analysis 7.1 It is a legal requirement to adopt a new Policy. This requires to be done by November 2023. Failure to do so would result in reputational loss for the Page 199
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Board. Furthermore, the lack of a Policy could undermine the Board’s ability to scrutinise applications. 8 Equalities Impact Assessment (EIA) 8.1 An EIA will be required for the new Policy. 9 Environmental Sustainability 9.1 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. 9.2 Under the provisions of the Local Government in Scotland Act 2003, the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. In terms of the Climate Change Act, the Council has a general duty to demonstrate its commitment to sustainability and the community, environmental and economic impacts of its actions. 9.3 The information contained within this report has been considered under the Act. However, no action is required as the Act does not apply to the matters presented in this report. 10 Consultation 10.1 The preparation of the Policy will be undertaken in consultation with the Local Licensing Forum which will involve representatives from different parts of the trade, community, police, health, young people etc. Community Planning partners will be involved in preparation of the data and the Forum, Police, licensed trade and Council will be asked for preliminary views on areas to be reviewed. Thereafter there will be a full public consultation on either a proposed Policy or Issues Paper by the middle of 2023. 11 Strategic Assessment 11.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to make sure our communities are resilient and thriving. Alan Douglas Clerk to the Licensing Board 27 February 2023 Page 200
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Person to Contact: Michael McDougall, Depute Clerk to the Licensing Board, Regulatory and Regeneration, West Dunbartonshire Council, Municipal Buildings, Dumbarton G82 1NR Email: michael.mcdougall@west-dunbarton.gov.uk Appendices: 1. Police Scotland’s report on alcohol related crimes and overprovision on licensed premises within West Dunbartonshire Background Papers: None Wards Affected: All Page 201
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Analyst Unit Police Scotland Argyll & West Dunbartonshire Stirling Road Dumbarton G82 3PT Date: 20 February 2023 Item 8 Appendix 1 Page 203
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Introduction The Licensing (Scotland) Act 2005 Section 7 places a duty on all Licensing Boards to publish what is to be known as a ‘Licensing Policy Statement’ for their area for a 4-year period. This statement should offer guidance and clarity on the policy on which Licensing Boards base their decisions in implementing their functions under the Act. As part of this policy statement Licensing Boards are required to make a pro-active assessment of overprovision of licensed premises in their area. This report has been requested by Michael McDougall, Depute Clerk to the West Dunbartonshire Licensing Board and PS David Holmes, Licensing Department, Police Scotland, Dumbarton and will be used to inform the West Dunbartonshire Council Overprovision report for 2023. The key purpose of the report is to provide information in relation to levels of alcohol related crimes and incidents occurring within West Dunbartonshire during the period 04 November 2019 to 03 November 2022. The Covid-19 pandemic resulted in various periods of lockdown, particularly between March 2020 and March 2021, which significantly influenced crime and incident levels across West Dunbartonshire, in particular those occurring within a public space. Most crime and incident types relating to violence, disorder and domestic abuse saw a significant downward trend during this period. The potential effects of the Covid-19 pandemic on crime / incident figures should therefore be borne in mind when considering the contents of this report. Aim This report aims to provide analysis of number and location of licensed premises within the West Dunbartonshire Council area by intermediate zone. The report will examine levels of associated crimes and incidents, indicating where possible if alcohol was a factor. This report will highlight areas with high levels of crime and recorded incidents that also have a high number of licensed premises. Intermediate zones are a statistical geography that sit between data zones and local authorities and were created for use with the Scottish Neighbourhood Statistics (SNS) programme. There are 1279 intermediate zones in Scotland, containing between 2,500 and 6,000 household residents per zone. West Dunbartonshire has 18 Intermediate Zones and a total population of 87,790. Maps showing the boundaries of the 18 Intermediate Zones is provided on the following page. Page 204
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Page 205
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Methodology Details of all licensed premises locations within each Intermediate Data Zone (IDZ) were provided by West Dunbartonshire Council. Population figures for each IDZ was extracted from the Scottish Government website for 2022 and combined with the Intermediate Datazones 2011 layer used by Police Scotland within the ArcGIS system. Crime and incident data was extracted from the Police Scotland Crime Management System and ScOMIS for the period 4 November 2019 to 3 November 2022. This data was extracted on 27 January 2023. Information relating to Group 1 Crimes of Violence and Minor Assault was extracted from the Crime Management Database held locally and Domestic Abuse Incident and crime data was extracted from Interim Vulnerable Persons Database (iVPD) by the APU, Police Scotland, Dalmarnock. Taking into consideration both population sizes and crime and incident levels within West Dunbartonshire the comparative rate per head of population was set to 10,000. Data Limitations It should be noted that current police systems do not facilitate the recording of whether crimes and incidents involved alcohol or where alcohol may have been a contributing factor. A crime database is however held locally which contains the details of all crimes involving violence with West Dunbartonshire. This information is updated manually on a weekly basis and an assessment made as to whether alcohol was a possible contributory factor. Data extracted from iVPD system in relation to Domestic Abuse contains an alcohol marker which was used to filter alcohol related incidents and crimes. Youth related disorder incidents were filtered using a key word search for the following: YOUTH, YTH, KID, TEEN, BOY, GIRL, GANG or GROUP. These data are NOT OFFICIAL POLICE STATISTICS and should be considered as management information. Page 206
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Group 1 Crimes of Violence & Minor Assault Group 1 Crimes of Violence are those considered to have involved ‘serious violence’ and include murder, attempted murder, culpable homicide, serious assault, robbery, the cruel and unnatural treatment of children, threats and extortion. Minor assault includes crimes committed against emergency workers. Levels of ‘serious’ violence occurring within West Dunbartonshire has seen a slight increase in recent years with an increase of 13.4% compared to the 5 year average for the period April – October 2022. Table 1 shows the number of Group 1 Crimes of Violence recorded within each Intermediate Zone during the period 04 November 2021 – 03 November 2022. It also provides comparison with the 3 year average (2019 – 22). In terms of Group 1 Violence the highest number of crimes per 10,000 head of population was recorded within IZ08 Mountblow/Parkhall and IZ18 Balloch North. IZ08 Mountblow/Parkhall also recorded the third highest number of minor assaults per 10,000 head of population. The highest number of minor assaults per head of population was recorded in IZ03 Drumry/Linnvale/North Kilbowie followed by IZ02 Dalmuir. Table 1: Crimes of Violence with alcohol marker by IDZ per 10,000 head of population Page 207
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Disorder Crimes and Incidents Crimes1 and incidents2 of disorder generally include actions which cause annoyance to others within the community or damage to their property. During 2021/22 both disorder crimes and incidents within West Dunbartonshire followed an overall downward trend compared to the 3 year average. As shown below, IZ02 Dalmuir recorded the highest number of disorder crimes and incidents during 2021/22 (728) followed by Dumbarton Central/Silverton/Townend (596). However, when comparing crimes per 10,000 head of population based on the 3 year average IZ02 Dalmuir continued to record the highest number but IZ08 Mountblow/Parkhall recorded the second highest number, followed by IZ03 Drumry/Linnvale/North Kilbowie. This reflects current ASB trends whereby these areas typically experience the highest concentration of crimes and incidents. Table 2: Disorder crimes and incidents by IDZ per 10,000 head of population 1 Breach of the Peace; Civic Government (S) Act 1982 s.47; Vandalism; Culpable and Reckless; Malicious Mischief; Wilful Fireraising; Criminal Justice & Licensing Scotland Act 2010 s.38 2 AB-28 (Disturbance); AB-24 (Public Nuisance); AB-53 (Noise); AB-55 (Drinking in Public) Page 208
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Youth Disorder Youth related disorder incidents were identified by filtering all disorder incidents using a key word search. Figures indicate an overall downward trend in youth disorder within West Dunbartonshire during 2021/22 compared to the previous 3 year average. As shown in table 3 below the Intermediate Zones that have recorded a higher number of incidents both in number terms and by head of population are largely aligned to known ‘hotspot’ locations for youth disorder. IZ10 Dumbarton East has seen an increase compared to the previous report this is largely due to a spike in youth disorder incidents for the period 2020/21 which has increased the 3 year average although there has only been 28 incidents reported in 2021/22. Table 3: Youth Disorder incidents by IDZ per 10,000 head of population Page 209
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Alcohol Specific Crimes Alcohol specific crimes3 are those where the consumption of alcohol or the act of being intoxicated are the libelled crimes. Also incorporated in this section are those crimes which come under the Licensing Scotland Act 2005 for crimes including being heavily intoxicated in licensed premises or attempting to enter premises whilst heavily intoxicated. Crimes relating to consuming alcohol in public and being drunk and incapable has continued to reduce considerably during 2021/22 continuing an overall downward trend. This may in part be related to Covid-19 and the effect of lockdowns on alcohol related public space crimes over the last 3 years. As shown below, despite not recording the highest number of crimes IZ02 Dalmuir has recorded the highest number per 10,000 head of population, followed by IZ05 Goldenhill/Hargate/Parkhall, and then IZ12 Dumbarton Central/Silverton/Townend which has the highest number of licensed premises. Table 4: Alcohol specific crimes by IDZ per 10,000 head of population 3 Local Street Drinking Bylaws, Licensing Scotland Act 2005 (s. 105, 111, 63, 102, 105, 111, 115, 116); Civic Government (S) Act 1982 s.50; Drink Driving. Excludes Fixed Penalties Page 210
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Domestic Crimes & Incidents The table below details the number of domestic crimes and incidents which were given alcohol markers meaning the victim, offender or both had consumed alcohol. Although it is of note that an alcohol marker is not always populated for every crime or incident involving alcohol. The total number of incidents with an alcohol marker recorded in 2021/22 was 291 which is a considerable reduction from 2020/21 (411) and is lower than the previous 3 year average figure (388). Domestic crimes have also reduced with 126 recorded 2021/22 compared to 194 recorded in the previous year 2020/21 which is also lower than the 3 year average figure (178). As shown in the table below, the intermediate zones which experienced the highest number of domestic crimes and incidents in number terms also recorded a higher number per 10,000 head of population based on the 3 year average. While IZ01 Whitecrook recorded a slightly lower 3 year average (42.7) than the other areas highlighted, it also has a considerably lower population hence it ranked third highest. Table 5: Domestic Abuse crimes and incidents with alcohol marker per 10,000 head of population Page 211
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Key Findings In order to identify which areas had experienced the highest number of alcohol related crimes and incidents overall, each intermediate zone was given a number representative of its position or rank within each crime category and the top three highlighted to show which IZ appeared most often as an area with high levels of crime or incidents. As such, in the table provided below numbers are only indicative of the position of the IZ within each crime or incident category where 1st represents the IZ that has recorded the highest number of crimes or incidents and 18th the lowest number. This is based on the 3 year average figure per 10,000 head of population. Table 6: IDZ within West Dunbartonshire ranked by the number of crimes and incidents occurring per 10,000 head of population Page 212
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OFFICIAL: POLICE AND PARTNERS OFFICIAL: POLICE AND PARTNERS Key Findings Cont. This clearly highlights that IZ02 Dalmuir ranks highest across 3 of the 5 different crime and incident categories and second highest against a further one. While this area has the third highest number of licensed premises it also incorporates Clydebank Shopping Centre and the retail park and therefore also has a slightly lower population (eighth lowest). IZ08 Mountblow/Parkhall is ranked second highest overall, ranking highest in 2 of the 5 crime and incident categories notably in alcohol related violence as well as domestic abuse crimes and incidents. This IZ also ranks second highest in alcohol related disorder and youth disorder. Similarily IZ03, Drumry/Linnvale/North Kilbowie ranked third in relation to alcohol related disorder, this is in line with the higher concentrations of anti-social behaviour typically recorded within these areas. IZ12 Dumbarton Central/Silverton/Townend, recorded third highest in relation to alcohol specific crimes and youth disorder. This area has the highest number of licensed premises recorded and is a known hotspot area for youth disorder. Page 213