Item 5 Appendix 2 - Development of the Statement of Licensing Policy and Assessment of Overprovision

West Dunbartonshire Council · 27 June 2023
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PART 4 
OVERPROVISION 
29. Pro-active assessment of overprovision 
29.1 Section 7 of the Act requires the Licensing Board to include in its Statement of
Licensing Policy a statement as to the extent to which the Licensing Board
considers there to be overprovision of licensed premises, or licensed premises
of a particular description, in any locality within the Licensing Board’s area.   
29.2 The Licensing Board is of the view that its assessment of overprovision is a key
tool in tackling alcohol-related health harms within West Dunbartonshire. In
particular, the information submitted by the NHS Greater Glasgow and Clyde is
of particular concern. The Licensing Board hopes that a robust overprovision
assessment underpinned by probative evidence as well as whole population
measures such as minimum unit pricing can help address the foregoing health
harms. 
29.3 The Licensing Board notes that setting out a clear and transparent Assessment
of Overprovision will offer a clear indication to potential applicants that,
depending on the nature of their application, they may face abortive costs
should they not rebut the presumption against the granting of the application.
The Assessment further clearly narrates the factors that the Licensing Board
will have regard to when considering whether to grant an application in a locality
designated as being overprovided for. 
29.3 It is for the Licensing Board to determine which localities within the Licensing
Board’s area are considered for the assessment of overprovision. In identifying
the localities the Licensing Board has had regard to the material gathered as
part of its pre-consultation exercise (see paragraph 7 for further information). 
29.4 In its Assessment of Overprovision, the Licensing Board has continued its
established approach of utilising the Scottish Neighbourhood Statistics
intermediate data zone geographies as the localities for this purpose. A number
of agencies use intermediate data zone geographies to collate and publish
statistics. Using these geographies allows the analysis of statistics and the
number, capacities and hours of licensed premises. 
29.5 The West Dunbartonshire area can be broken up in to 18 distinct IDZ localities.
These intermediate data zones represent small geographical sections of the
West Dunbartonshire Council area equivalent to an average of 4,000 household
residents. 
29.6 The Licensing Board, having examined data regarding:- 
 Alcohol Related Hospital Admissions;
 Alcohol Related Death Rate ;
 Alcohol Related Mental Health; 
 the Scottish Index of Multiple Deprivation;

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 police incidents including assaults, domestic incidents, disorder &
alcohol specific crimes; and
 information regarding the number, capacity and licensed hours of
licensed premises; 
and having regard to its duty to promote the licensing objectives the Licensing
Board, and subject to a public consultation, is of the view that there is
overprovision of certain types of the licensed premises as detailed at paragraph
29.9 within several localities in the Licensing Board area. 
29.7 When considering the material outlined at paragraph 29.6 the Licensing Board
had regard to the impact of Minimum Unit Pricing and was of the view that the
information presented to it justified an approach being taken on a local level.
This allows the Licensing Board to address the issues presented by the
number, capacity, and hours of licensed premises in several localities within
West Dunbartonshire. 
29.8 A summary of the evidence considered by the Board in assessing overprovision
can be found within appendix [TO BE UPDATED POST CONSULTATION].  
29.9 The Licensing Board considers there to be overprovision of the following types
of licensed premises namely:- 
 public houses;
 nightclubs;
 off-sales and local convenience stores; and
 supermarkets. 
29.10 The Licensing Board will determine as a matter of fact whether the subject
premises in an application fits within one of the foregoing categories of licensed
premises. The Licensing Board will come to a view on a premises category
based on the consideration of any evidence presented to it and having regard
to the information disclosed within the application (including but not limited to
the description of premises narrated), the operating plan and the layout plan. 
29.11 The Licensing Board having regard to the forementioned information at
paragraph 29.6 is satisfied that there is sufficient evidence to establish a causal
link between alcohol related harm and the number, hours and capacity of
licensed premises at the level of an intermediate data zone and considers there
to be overprovision of the foregoing types of licensed premises within West
Dunbartonshire in the following 15 localities:- 
 IZ01 Clydebank East inc. Whitecrook (part); 
 IZ02 Clydebank Central inc. Dalmuir (part) & Whitecrook (part); 
 IZ03 Drumry & Linnvale; 
 IZ04 Parkhall South, Radnor Park and North Kilbowie; 
 IZ06 Faifley & Hardgate East; 
 IZ08 Mountblow, Parkhall West and Dalmuir Central;

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 IZ10 Barnhill, High Overtoun, Milton & Bowling; 
 IZ11 Dumbarton North East – Bellsmyre & Silverton East; 
 IZ12 Dumbarton Central, Dumbarton East & Townend; 
 IZ13 Dumbarton West;
 IZ14 (Renton, Old Bonhill & Loch Lomond;
 IZ15 Bonhill, Lomondgate & Renton North; 
 IZ16 Alexandria Central, Rosshead & Dalmonach;
 IZ17 Balloch & Alexandria North; and  
 IZ18 Jamestown, Balloch North East, Haldane & Gartocharn. 
For the avoidance of doubt, the Licensing Board considers, subject to the terms
of paragraph 30, that there is currently no overprovision in the following
localities:- 
 IZ05 Goldenhill, Parkhall North, East Kilbowie & Hardgate Central;
 IZ07 Duntocher & Concho; and
 IZ09 Old Kilpatrick. 
Maps of all 18 localities which make up the West Dunbartonshire area can be
found in the appendices section of this policy. 
29.12 The effect of this policy is to create a rebuttable presumption against the grant
of an application within these localities for types of licensed premises noted at
paragraph 23.9.  Each application still requires to be determined on its merits
and there may be exceptional cases in which an applicant is able to
demonstrate that the grant of the application would not undermine the licensing
objectives, or the objectives would not be undermined if the applicants
operating plan were to be modified.  The Licensing Board will expect applicants
who are seeking the grant of a new premises licence within the foregoing
categories of premises and locality to provide robust and reliable evidence to
the Board why the benefit to the licensing objectives through the grant of their
application outweighs the detriment to the licensing objectives and this policy. 
In particular, the Licensing Board recognises the positive health benefits
associated with increased employment opportunities as a factor that applicants
may use in support of their application and a factor that may in appropriate
circumstances rebut such a presumption. In particular, the Board will expect to
be addressed on the benefits of granting the application in terms of each
licensing objective.   
29.13 As part of the Licensing Board’s Assessment of Overprovision it has considered
the number, capacity, and licensed hours of licensed premises within each
locality. The Licensing Board is aware that the capacity and hours of a premises
can increase by the grant of a variation application in terms of section 29(5) of
the Act.  The Licensing Board considers that an application seeking an increase

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in capacity and/or hours will activate a rebuttable presumption against the grant
of the application. 
29.14 If an existing licence ceases to be in force this does not necessarily mean that
there is capacity for a new licence of a similar capacity.  The material
considered by the Licensing Board evidences that there is presently an
overprovision of licensed premises in particular localities within West
Dunbartonshire but does not quantify the extent of that overprovision in
numerical terms. In these circumstances any application seeking to replace
capacity relinquished by other premises will be subject this policy.  This will
have particular regard to the data relating to the intermediate data zone to which
the new application or application for increased capacity relates.  It will also
have regard to the type of premises capacity relinquished compared to the type
of premises applied for. 
29.15 There are three localities within West Dunbartonshire where the Licensing
Board considers that there is not presently overprovision of licensed premises. 
These are IZ05 (Goldenhill, Parkhall North, East Kilbowie & Hardgate Central),
IZ07 (Duntocher & Concho), and IZ 09 (Old Kilpatrick). The Licensing Board is
aware that most of the 18 sub localities are in close proximity to areas with
significant alcohol related health, crime and disorder problems.  The Licensing
Board is also aware that there is local evidence to suggest that persons in West
Dunbartonshire, wishing to obtain alcohol from off-licences will travel up to two
miles across sub-localities to purchase alcohol. Similarly persons will travel
across the whole of West Dunbartonshire to attend nightclubs.  Accordingly any
application outwith the overprovision locality for new premises or increased
capacity of existing premises may be subject to an overprovision assessment. 
This assessment will have regard to the alcohol related crime, disorder and
health data relating to both the sub locality in which the application premises
are located and the sub localities from where the customers are likely to be
drawn.   
30. Reactive overprovision assessment 
30.1 Sections 23(5)(e) and 30(5)(d) of the Act respectively allows the Licensing
Board to refuse an application for the grant or variation of a premises licence
where the Licensing Board considers that, the application were to be granted,
there would, as a result, be overprovision of licensed premises, or licensed
premises of the same or similar description as the subject premises, in the
locality. 
30.2 It is, in the view of the Licensing Board, important to make sure that the grant
of a premises licence or variation to increase the capacity or hours of a
premises licence does not result in there being an overprovision of licensed
premises in a particular locality. The Licensing Board will therefore carefully
consider overprovision on a reactive basis by having regard to the ground of
refusal for overprovision on a case by case basis. 
30.3 The Licensing Board recognises the value in giving potential applicants an
indication of how it will approach the foregoing ground of refusal. Where a

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relevant application is considered by the Board it will consider the locality to
be the intermediate data zone in which the premises is located. Accordingly,
the Board will have regard to the number, capacities and hours of licensed
premises within the relevant intermediate zone as well as any other material
submitted to it as part of the application process, including but not limited to,
objections, representations, anti-social behaviour reports from Police
Scotland, and the Board’s own local knowledge. 
30.4 Applicants will be provided with details of premises including their type,
capacity, and hours in advance of any hearing. The Licensing Board will
expect to be addressed on whether the grant of the premises licence or
variation will not result in an overprovision of licensed premises in that locality.