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Item 3 Appendix 8 - External bodies

West Dunbartonshire Council · 11 October 2023
Back to Licensing Board — 11 October 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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8/1/23, 3:55 PM Consultation on Statement of Licensing Policy 2023 - Public
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RESPONSE FROM NHS GREATER GLASGOW AND CLYDE, WEST
DUNBARTONSHIRE HEALTH AND SOCIAL CARE PARTNERSHIP, AND WEST
DUNBARTONSHIRE ALCOHOL AND DRUG PARTNERSHIP
Part 1, Introduction
This part of the Policy introduces the Licensing Board and sets out the background to the
policy. At paragraph 7, the Licensing Board has explained in some detail as to how it has
developed this new policy. 
1. Do you have any comments on this part of the policy? 
Yes – Making the language used more accessible would benefit the public and
partners (rebuttable; abortive etc).  This is relevant to the full policy, there is legal
terminology throughout.
The addition of sections 7, 9.1, 12.5 and 12.6 is welcomed.
7.2 – meeting link might be useful/accessible. 7.3(2) [note there are two 7.3’s]
suggest removing reference to Daniel Carter – add link to meeting of same and/or
stating a representative of NHSGGC attended.
2. Should the Licensing Board refer to any other matters in its
introduction?
Yes – Paragraph 10 Tourism – whilst recognising the needs of the local tourism
industry, this section would be enhanced if the same was true of the local population
who reside in these tourist areas.  eg “Arrangements will be made for the Licensing
Board to receive, when appropriate, reports on the needs of the local tourist
economy for the area to ensure that these are reflected in their
consideration....alongside the needs of local residents”

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8/1/23, 3:55 PM Consultation on Statement of Licensing Policy 2023 - Public
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Part 2, The Licensing Objectives
This part of the Policy outlines the Board's general approach to promoting the licensing
objectives. In so doing the Policy narrates matters that it expects licence holders to have
regard to when operating their premises.
3. To what extent do you think these measures promote the licensing
objectives?
Very effectively: It is noted the new draft policy has strengthened its commitment
to the Public Health and Children and Young Persons objectives.  Sections 17.1,
17.2, 17.3, 18.3, 18.4 and 18.5 are welcomed. 
4. Do you have any other comments on this section? 
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8/1/23, 3:56 PM Consultation on Statement of Licensing Policy 2023 - Public
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Part 3, Licences
This part of the Policy sets out the Licensing Board's expectations around the terms of a
premises licence (with the exception of licensed hours), for example, this part addresses the
Licensing Board's thoughts on Children and Young Person's access, control measures
around home deliveries of alcohol and the terms of occasional licences and extended hours
certificates.
5. Do you consider the access arrangements for Children and Young
Persons to be suitable?
Yes – however it could go further with the following suggestions 
Paragraph 18.1 states ‘The Licensing Board welcomes applications’ we believe
the word ‘welcome’ gives the impression the policy wishes to encourage
applications from premises that accommodate children and young people.
Therefore, we would recommend replacing ‘welcomes’ with ‘will consider’. 
6. The terms of the access of children to pre-booked functions has
been tightened, with the Licensing Board proposing that such
functions would need to be private. Do you consider that this
change promotes the licensing objectives?
Yes. 
7. The Licensing Board proposes to permit Young Persons
unattended in licensed premises until 10pm (unless attending a
private pre-booked function). Do you think this is appropriate?
No – Whilst young persons, 16-18 years, are legally allowed unattended in
licensed premises until 10pm, we strongly believe this should not be explicitly
supported by the policy.  This only serves to promote this legality rather than
consider the impact the policy will have on the normalisation of young persons
in licensed premises. 
8. The Licensing Board has codified the conditions that it would
usually attach to premises licences where Children and Young
Persons are permitted on the premises at appendix 1 part A. Do
you consider these conditions promote the licensing objectives?
Yes.  Please note items 4 and 8 are repetitive.  We suggest the deletion of 4
and inclusion of 8 as this point is stronger. 
9. The Licensing Board at paragraph 21 has introduced the
requirement for off-sale type premises to have a refusal book. Do
you consider this to be an appropriate and reasonable
requirement?
Yes. 
10. The Licensing Board, having regard to feedback received through
its pre-consultation exercise, has set out that it will usually attach
conditions to premises licences where home deliveries of alcohol

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are authorised. These conditions can be found appendix 1, part C.
Do you think these conditions promote the licensing objectives?
Yes.  However, this could be strengthened if point 1 set the expectation delivery
staff must have appropriate mandatory training to ensure Challenge 25 is
adhered to; and if point 5 stated no deliveries should be left unattended,
including in safe spaces. 
11. Do you have any comments as to these conditions, especially
from a practical point of view?
The proposed conditions are welcomed and would be beneficial if adopted and
enforced.  Unfortunately, in practice, deliveries from warehouses out with West
Dunbartonshire or from neighbouring local authorities (Yoker/Drumchapel to
Clydebank etc) will not operate to these standards, thus they are likely to have
limited impact unless introduced as national measures. 
12. Following feedback obtained through the pre-consultation
exercise, the Licensing Board has developed a standard set of
conditions to be attached to occasional licences to promote
licensing objectives. These conditions can be found at appendix 1
part E. Are these conditions appropriate for an occasional
licence?
Only a little 
13. Do you have any further comments about part 3 of the Policy?
Yes. In regard to item 5 and baby changing facilities, we feel this should be
expanded and used only where appropriate, to avoid potentially promoting the
use of alcohol around babies eg. Baby facilities for an occasional licence if
needed for a venue hosting a wedding as opposed to a venue hosting a baby
shower. Also, for item 6, we believe staff training should apply to both voluntary
and non-voluntary organisations with no exceptions. 
Item 12 - these measures alone are unlikely to be sufficient to offset the risk that
occasional licenses may generate harms in terms of the licensing objectives
(particularly if they are used recurrently and are subject to less scrutiny). 
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Part 5, Licensed hours of trading
14. The Licensing Board, having had regard to feedback through its
preconsultation exercise, is not proposing to amend its standard
licensed hours or exceptions to licensed hours. Do you support this
position?
Yes. 
15. Please describe any impact the current licensed hours have on you.
No response.

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16. If you think that the Licensing Board should consider any additional
conditions for when an exception from standard licensed hours is
sought, i.e. for restaurants or premises offering significant
entertainment facilities, please describe these.
As noted in our pre-consultation response, there is evidence to show the impact of
policies regulating alcohol trading times on alcohol related harm. Sanchez-Ramirez
and Voaklander (2018) say that laws limiting when people can buy and sell alcohol
can help lower the number of injuries, homicides and crimes related to alcohol.  As
such, we believe extended licensed hours will lead to increased alcohol consumption
and in turn increased alcohol harm.  This will place increasing pressure on the health
and social care system, particularly hospitals, during certain times of the year that
attract extended hours, such as Christmas and New Year and we ask that this be
taken into consideration. 
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Part 6, Board procedure
17. This part of the Policy has been expanded to give both applicants and
members of the public an understanding of how the Licensing Board
will conduct its business. Is this useful?
Very useful – The transparency of this section will support public and partner
participation in the licensing process by enhancing understanding, while setting
expectations. 
18. Is there anything else that should be covered in this section?
No. 
19. Do you have any other comments about the proposed statement of
licensing policy?
We welcome many of the new additions and believe the draft policy, with a few slight
revisions, is fit for purpose for the years ahead. 
20. Do you agree with the new proposed overprovision localities and
the data used to support them being identified as such?
Yes   
21. What impact do you think the current Assessment of
Overprovision has had on the existing overprovision localities?  
To date the Licensing Board has not rejected a single application on the grounds
of overprovision.   
22. Do you think the Licensing Board should take into account the
licensed hours of premises when considering whether there is an
overprovision of licensed premises, or licensed premises of a
particular description, in a locality?
Yes – Given that licensed hours are considered by the Board when assessing
overprovision, any applications for additional hours should not be granted in areas
deemed as overprovided.  Increased hours allow alcohol to be available for a
longer period of time which will inevitably increase alcohol consumption and
subsequent harms (see our response to Q16). 
23. Are there any other matters you think that the Licensing Board
should take into account when considering whether there is an
overprovision of licensed premises, or licensed premises of a
particular description, in a locality?
Yes.  Patron capacity should be considered, particularly for variations adding
outdoor areas or extensions to premises.  Display capacity should also be
considered if being increased, including additional capacity at festive periods,

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especially in intermediate zones where there are supermarkets which already
have significant alcohol capacity. 
24. Do you agree with the Licensing Board's approach to capturing
variations to increase capacity or hours as part of the
Overprovision Assessment?
Strongly agree. 
25. Do you have any comments on this aspect?
No. 
26. Do you agree with the Licensing Board's approach to
overprovision on a case by case basis (outwith its proactive
assessment)? For example, it is proposed that the Licensing
Board utilises intermediate zones. Is this is the best way to
determine locality   
Strongly agree. 
27. Do you have any comments on this aspect?
No. 
28. Do you have any other comments about overprovision?
Yes.  Overprovision policies are only effective if Licensing Boards uphold them. 
It is anticipated during the life cycle of the new policy we observe successful
local application of its use: to protect the communities of West Dunbartonshire. 
In relation to the following statement “The Licensing Board proposes that where
an applicant can demonstrate that the grant of an application would create
increased employment opportunities, then that may be a factor that rebuts the
presumption against grant of an application.”  We do not consider the
employment benefits to offset the significant alcohol related health harms within
West Dunbartonshire.  Furthermore, we strongly believe that having the above
statement within the policy contradicts the boards aim of utilising the assessment
of overprovision in addressing health harms.  It is our view that the board can
take cognisance of this factor without it being specifically stated within the policy.   
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Response from Police Scotland 
Do you have any comments on this part of the policy?
Appears relevant and pertinent to the work carried out in developing the licensing policy during
the pre-consultation phase.
Should the Licensing Board refer to any other matters in its introduction?
No - appears straight forward and to the point.
To what extent do you think these measures promote the licensing objectives?
Very effectively
Do you have any other comments on this section?
Appears appropriate and relevant, providing a general overview of the considerations that
should and/or would be required, without being to exhaustive or trying to cover every eventuality
in respect of the licensing objectives.
Do you consider the access arrangements for Children and Young Persons to be
suitable?
Yes
The terms of the access of children to pre-booked functions has been tightened, with the
Licensing Board proposing that such functions would need to be private.   Do you
consider that this change promotes the licensing objectives?
Yes
The Licensing Board proposes to permit Young Persons unattended in licensed premises
until 10pm (unless attending a private pre-booked function).   Do you think this is
appropriate?
Yes
The Licensing Board has codified the conditions that it would usually attach to premises
licences where Children and Young Persons are permitted on the premises at appendix 1
part A.  Do you consider these conditions promote the licensing objectives?
Fairly effectively

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The Licensing Board at paragraph 21 has introduced the requirement for off-sale type
premises to have a refusal book.   Do you consider this to be an appropriate and
reasonable requirement?
Yes
The Licensing Board, having regard to feedback received through its pre-consultation
exercise, has set out that it will usually attach conditions to premises licences where
home deliveries of alcohol are authorised. These conditions can be found appendix 1,
part C.  Do you think these conditions promote the licensing objectives?
Yes
Following feedback obtained through the pre-consultation exercise, the Licensing Board
has developed a standard set of conditions to be attached to occasional licences to
promote licensing objectives. These conditions can be found at appendix 1 part E.  Are
these conditions appropriate for an occasional licence?
Very effectively
Do you have any further comments about part 3 of the Policy?
No
The Licensing Board, having had regard to feedback through its pre-consultation
exercise, is not proposing to amend its standard licensed hours or exceptions to
licensed hours.  Do you support this position?
Yes
This part of the Policy has been expanded to give both applicants and members of the
public an understanding of how the Licensing Board will conduct its business. Is this
useful?
Very useful 
Is there anything else that should be covered in this section?
No
Do you have any other comments about the proposed statement of licensing policy?
No

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Do you agree with the new proposed overprovision localities and the data used to
support them being identified as such?
Very effectively
What impact do you think the current Assessment of Overprovision has had on the
existing overprovision localities?
Not a great deal in respect of the current financial climate.
Do you think the Licensing Board should take into account the licensed hours of
premises when considering whether there is an overprovision of licensed premises, or
licensed premises of a particular description, in a locality?
Yes
Are there any other matters you think that the Licensing Board should take into account
when considering whether there is an overprovision of licensed premises, or licensed
premises of a particular description, in a locality?
Existing considerations seem appropriate.
Do you agree with the Licensing Board's approach to capturing variations to increase
capacity or hours as part of the Overprovision Assessment?
Agree
Do you have any comments on this aspect?
No
Do you agree with the Licensing Board's approach to overprovision on a case by case
basis (outwith its proactive assessment)? For example, it is proposed that the Licensing
Board utilises intermediate zones. Is this is the best way to determine locality
Agree
Do you have any comments on this aspect? 
No
Do you have any other comments about overprovision?
No

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9/12/23, 9:28 PM EH response to West Dunbartonshire Licensing Board's consultation on its statement of licensing policy and assessment of overprovision - …
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Michael,
Some comments/questions  from EH in  response on the Licensing Policy review;
Section 15.3 . No mention of EH consultation in this section. EH are the enforcing authority
for the regulation of health and safety standards in relation to staff and public safety
standards within such licensed establishments therefore it is felt that EH should also be
noted as one of the consultees on this aspect in addition to Building Standards.
Section 24.2. Change single use plastics “should” be avoided to “must” be avoided as this is
now a legal requirement from 1 June 2022. ( The Environmental Protection(Single-use
Plastic Products) (Scotland)  Regulations 2021. Enforced by EH.   
Section 26.3: Typo. Environment Health. Change to Environmental Health.
Section 27.3. Refers to  Festive Period being defined in Section 26. It should refer to Section
33 for this.
Section 43.3: Refers to the “new” legislation regime. 
Noise Specific Issues:
One of the key licensing objectives is ‘preventing public nuisance’. Although this is
expanded on somewhat in section 16 there is still no definition of what constitutes a
public nuisance to make it distinct from a private nuisance or a statutory nuisance.
Could this be clarified?
Section 16.1 states that the ‘Licensing Board intends to protect local communities from
any negative impact from the operation of licensed premises.’ Recent cases and
discussions between licensing and EH have resulted in a requirement for EH to
demonstrate that a statutory noise nuisance exists before any action can be taken by
licensing against the licensed premises. The gap between ‘any negative impact’ and a
statutory noise nuisance is quite significant. Could this section be clarified, or reworded
if necessary to reflect the actual position that the Board will take on noise impact.
Section 23.4 refers to the requirement to follow the guidance contained within the ‘good
practice guide on the control of noise for pubs and clubs’. Does this only apply to
outside drinking areas or to the premises in general?
Section 7.8 of the IOA good practice guide states that ‘careful consideration should
always be given when siting beer gardens in order to minimise the risk of disturbance
to neighbours’. Can you advise what the Licensing Board would determine would
constitute ‘careful consideration’ in relation to this?
Thanks

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9/12/23, 9:28 PM EH response to West Dunbartonshire Licensing Board's consultation on its statement of licensing policy and assessment of overprovision - …
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Subject: Fw: West Dunbartonshire Licensing Board's consultation on its statement of licensing policy
and assessment of overprovision
Good afternoon
 
For information, the West Dunbartonshire Licensing Board is consulting on new statement of
licensing policy and assessment of overprovision. The Health and Social Care Partnership suggested
that it be useful to make sure you are aware of this consultation. 
 
Following an extensive pre-consultation exercise with key stakeholders, the Licensing Board has
prepared a draft statement of licensing policy and assessment of overprovision. These documents
have regard to the information ingathered and comments received.
 
The Licensing Board now wants to hear comments on the terms of the draft statement of
licensing policy and assessment of overprovision. It is hoped that responses received will be
considered at the Licensing Board meeting of 11 October 2023.
 
The survey can be accessed at https://arcg.is/11PCPa or comments can be emailed directly to me.
 
The deadline is Friday 8 September 2023.
 
Please do get in touch with any questions.
 
Regards
Michael
 
 
---
Michael McDougall
Section Head - Licensing
West Dunbartonshire Council