Item 7 - Development of the Statement of Licensing Policy

West Dunbartonshire Council · 9 May 2023
Back to Licensing Board — 9 May 2023 and its agenda

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WEST DUNBARTONSHIRE LICENSING BOARD
Report by Clerk to the Licensing Board
9 May 2023
Subject:  Development of the Statement of Licensing Policy
1. Purpose
1.1 The purpose of this report to consider proposed changes to the Licensing
Board’s Statement of Licensing Policy, other than those that relate to the
Overprovision Assessment. All proposed changes will be subject to
consultation.
2. Recommendations
2.1 It is recommended that the Licensing Board:-
a) considers and notes the Licensing Forum recommendations as
well as responses to its pre-consultation exercise;
b) agrees to authorise the Clerk to prepare a new Statement of
Licensing Policy with the suggested amends at paragraphs 4.16
to 4.21 for approval by the Licensing Board; and
c) considers whether are any other matters relating to the Statement
of Licensing Policy that it might wish to consult on.
3. Background
3.1 Section 6 of the Licensing (Scotland) Act 2005 (“the 2005 Act”) narrates
that:-
“Every Licensing Board must, before the beginning of each licensing
policy period a statement of their policy with respect to the exercise of
their functions under this Act during that period (referred to in this Act
as a “Licensing Policy Statement”).”
3.2 This Statement of Licensing Policy must promote the licensing objectives of:-
• preventing crime and disorder;
• securing public safety;
• preventing public nuisance;
• protecting and improving public health; and
• protecting children and young persons from harm.
3.3 Section 6 of the 2005 Act requires that the Licensing Board consult:-

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• the Licensing Forum;
• if the membership of the Forum is not representative of the
interests of relevant groups, such persons as appear to the Board
to represent such groups;
• the relevant health board; and
• such other persons as the Board thinks appropriate.”
3.4 The Licensing Board must agree a new Statement of Licensing Policy by 5
November 2023. 
3.5 The Statement of Licensing Policy must also include an Assessment of
Overprovision. This is the subject of a separate report to the Licensing
Board. 
4. Main issues
4.1 The Licensing Board’s current Statement of Licensing Policy must be
considered in light of the now updated Guidance, views expressed by
respondents to the pre-consultation exercise, the changing licensing
landscape, and Licensing Board members’ views. When considering matters
for inclusion in the Statement of Licensing Policy the Licensing Board’s
essential function is to regulate the sale of alcohol as well as promote the
licensing objectives. It can neither trespass on matters that are regulated or
supervised by another statutory regime nor regulate matters outwith its
essential function.
Guidance issued by Scottish Ministers under section 142 of the 2005 Act
(“the Guidance”)
4.2 In January 2023, the Scottish Ministers issued updated statutory guidance to
licensing boards. Section 142 of the 2005 Act requires that the Licensing
Board must have regard to the Guidance when exercising its functions. The
statement of licensing policy requires to be reviewed to make sure that it
complies with the terms of the Guidance. Any departure from the Guidance
must be notified to the Scottish Ministers. 
Licensing Forum recommendations
4.3 At its meeting of 1 November 2022, the Licensing Board asked the Licensing
Forum to provide to it recommendations around the development of its policy
and overprovision assessment. 
4.4 The Licensing Forum at its meeting of 29 November 2022 delegated the task
to a working group including representatives from Health, Police, the local
community, and the licensed trade. The working group’s response is at
Appendix 1. Members will note that the group makes various
recommendations at paragraph 6 of its report.

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4.5 The Licensing Forum report’s general position is that the current Statement of
Licensing Policy remains fit for purpose. The report recommendations
include:-
• the development of a pool of licence conditions that can be
attached to the occasional licence depending on its purpose. This
is help make sure that: (1) applicants have an awareness of what
conditions to expect; and (2) that the licensing objectives are
complied with;
• Children and Young Persons’ access terms should be reviewed to
make sure that they are suitably robust and is regulated by
conditions as required; and
• with the emergence of home deliveries of alcohol, the
development of a suitably robust policy regulating the home
delivery of alcohol.
Pre-consultation exercise
4.6 At its meeting of 1 November 2022, the Licensing Board instructed officers to
commence a pre-consultation exercise. Information was requested from
Police and Health partners. Invites to respond to a consultation were issued
to a broad range of stakeholders. Several responses were received. These
responses can be found at Appendix 2. It should be noted that a number of
these responses focused on overprovision only. This responses are
summarised as follows:-
A joint response from West Dunbartonshire Alcohol and Drug Partnership,
West Dunbartonshire Health and Social Care Partnership, and NHS Greater
Glasgow and Clyde
4.7 The response was detailed and posited the following in relation to the current
policy:-
• it is worded and implemented in a way that is pro-alcohol related
tourism and requires to rebalanced so that it takes into account
the needs of local residents;
• significantly promotes the licensing objectives albeit it queries
whether the policy is implemented in practice;
• further consideration is required of the promotion of the public
health licensing objective;
• review what can be done to promote the licensing objective of
protecting children and young persons from harm with a number
of suggestions being made; and
• closer regulation of home deliveries of alcohol and occasional
licences.
Alcohol Focus Scotland
4.8 The respondent provided a note outlining their views on the general policy
and areas that require particular attention.

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4.9 These areas are:- 
• how does the Licensing Board promote the licensing objectives;
• licensed hours;
• children and Young Persons access; 
• occasional licences; and
• how the Licensing Board interacts with its partners. 
Unite Union 
4.10 Unite responded to suggest that their Get Me Home Safely campaign should
be considered. This campaign focuses on ensuring hospitality staff can get
home safely. It is the Clerk’s legal view that imposing any such requirement
on licence holders is outwith the competency of the 2005 Act. 
Dunbartonshire Chamber of Commerce 
4.11 The respondent highlights the importance of the tourist industry around Loch
Lomond and the need to support the regeneration of "the corridor towns
such as Clydebank". It is suggested that the Licensing Board look to
introduce more flexibility to encourage operators to come to the area. 
Dumbarton East & Central Community Council 
4.12 The Community Council is largely supportive of the Licensing Board’s
current Statement of Licensing Policy. 
Summary 
Licensed hours 
4.13 The Licensing Board recently departed from its policy in relation to licensed
hours at a meeting of the Licensing Board on 1 September 2021 in relation to
a premises in Dumbarton. The Licensing Board granted the premises to
operate until 2am on Friday and Saturday in the Lounge area of the venue. 
4.14 There was no particular view expressed through the pre-consultation
exercise that a review of licensed hours was required. 
Licensing Board Members 
4.15 When proposing any matters to be considered as part of the Statement on
Licensing Policy, it is important that the matter is one that is within the
competency of the Licensing Board to regulate. 
Matters for consideration

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4.16 It is proposed that officers will prepare a draft policy for Members to consider
at the meeting of 27 June that will maintain the framework of the existing
policy retained with revisals in relation to:- 
4.17 Chapter One: Update the introduction to policy and in particular refresh the
strategies that the Licensing Board may consider in the exercise of its
functions. 
4.18 Chapter Two: Review measures that the Licensing Board utilises to promote
the licensing objectives and consider best practice. 
4.19 Chapter Three: Review the terms of Children and Young Persons’ access,
propose a home deliveries policy framework, review the outdoor drinking
policy in light of the pursuit to covid-19 and the growth of outdoor drinking,
occasional licences and the development of a pool of conditions regulating
their operation, and the appropriateness of the outdoor drinking policy in light
of the growth of outdoor drinking. 
4.20 Chapter Six: Set out the Licensing Board’s procedure when processing
applications including how it deals with objections and to provide further
details around the operation of its Licensing Standards Officers. 
In general 
4.21 The Clerk will revise the Statement of Licensing Policy to note that the
Licensing Board will look to the Licensing Forum to keep it updated with
developments from primarily a health, police, and trade perspective so to
allow it to consider supplementary policy statements, to simplify the terms of
the Policy where possible, address any technical matters arising as well as
updating the draft to reflect good practice, and to reflect the terms of the
Guidance. 
5. People Implications 
5.1 The work involved in gathering evidence and preparing the Statement of
Licensing 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 Statement of Licensing 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.

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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
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 produced along with the draft Statement of Licensing 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 As outlined at paragraph 3.3, the 2005 Act defines the persons that the
Licensing Board must consult with as part of this exercise. The Clerk will
also take steps to consult with a wider audience by way of a public
consultation and engagement with stakeholders. 
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
18 April 2023 
Person to Contact: Michael McDougall, Depute Clerk to the Licensing
Board, Regulatory and Regeneration, West
Dunbartonshire Council, Municipal Buildings,
Dumbarton G82 1NR

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e-mail: michael.mcdougall@west-
dunbarton.gov.uk
Appendices: Appendix 1: Licensing Forum report
Appendix 2: Pre-consultation responses
Background Papers: Section 142 Guidance
Existing Statement of Licensing Policy
Reports concerning Police and NHS data
Wards Affected: All