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Item 3 Appendix 11 - EIA 785 Licensing Board's Assessment of Overprovision

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

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Page 1

AssessmentNo 785 Owner michael.mcdougall
Resource Transformation Service/Establishment Regulatory
 
First Name Surname Job title
Head Officer Michael McDougall Section Head (Licensing)
(include job titles/organisation)
Members Michael McDougall, as above Peter Clyde, LSO Lawrence Knighton, LSO
 
(Please note: the word 'policy' is used as shorthand for stategy policy
function or financial decision)
Policy Title Licensing Board's Assessment of Overprovision
 
The aim, objective,purpose and intended out come of policy
The Licensing Board is required to assess 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
Licensing Board's area. This policy is to promote the five licensing
objectives contained with the Licensing (Scotland) Act 2005. An
overprovision policy looks to tackle alcohol related health harms and
public disorder. Should the Board find that an area is overprovided for
then a rebuttable presumption against the grant of a licence will exist.
 
 
Service/Partners/Stakeholders/service users involved in the
development and/or implementation of policy.
The development of the policy is in two stages: (1) pre-consultation; and
(2) public consultation. The pre-consultation engaged a range of
stakeholders and gathered information from a range of sources
including health and police partners. A public consultation exercise has
taken place. This consultation seen targeted engagement with the trade,
partner agencies (police, health board, Council services etc), and
community groups. A public consultation was available via the Council
webpage. The policy will impact on the licensed trade and residents of
West Dunbartonshire.
Does the proposals involve the procurement of any goods or
services? Yes
If yes please confirm that you have contacted our procurement
services to discuss your requirements. No
SCREENING
You must indicate if there is any relevance to the four areas
Duty to eliminate discrimination (E), advance equal
opportunities (A) or foster good relations (F) Yes
Relevance to Human Rights (HR) Yes
Relevance to Health Impacts (H) Yes
Relevance to Social Economic Impacts (SE) Yes
Who will be affected by this policy?
This Policy will have an impact upon: (1) premises licence holders and applicants for
premises licences and occasional (i.e. temporary) licences; (2) the residents of West
Dunbartonshire; (3) persons who work in licensed premises; (4) persons who work in
industries abutting the licensed trade, for example, taxi drivers, takeaway type premises;
and (5) Police, NHS and other agencies.
Who will be/has been involved in the consultation process?

Page 2

First, an extensive pre-consultation exercise was carried out. This exercise saw
engagement with: Police Scotland, NHS Greater Glasgow and Clyde, West
Dunbartonshire Health and Social Care Partnership and the Licensing Forum. Other
stakeholders were engaged with on a targeted basis. Second, there was a public
consultation, as required by the licensing legislation, as well as targeted engagement
with key stakeholders, for example, the licensed trade, fire, health board, and community
groups.
Please outline any particular need/barriers which equality groups may have in
relation to this policy list evidence you are using to support this and whether there
is any negative impact on particular groups.
 
Needs Evidence Impact
Age
The Licensing Board
must promote the
licensing objective of
protecting children
and young persons
from harm. Children
and young persons
are at risk through
being able to buy
alcohol under age or
being at risk of harm
in premises that are
unsuitable for their
access.
Submission from
health bodies posits
that children and
young persons who
are exposed to
visible alcohol
consumption may
experience a degree
of harm. The
submission further
narrates that
visibility of alcohol
consumption
normalises drinking
culture to young
people as potential
future drinkers with
younger children
being more affected.
The NHS Greater
Glasgow &Clyde
paper highlights the
impact on children
of non-dependent
parental drinking
and advise that this
is identified at a
number of case
conferences for
children on the child
protection register.
A Planet Young
survey suggests that
61% of S3 pupils had
drank alcohol and
that 3% had bought
alcohol in a shop.
Further information
suggests that 10% of
15 year olds have
managed to
purchase alcohol.
Positive, helps
protects young
people

Page 3

The Policy will set
out measures that
the Licensing Board
expects to be in
place to protect
children and young
persons. The Policy
sets out the Board's
expectations around
children and young
persons access. Each
application will be
considered on a case
by case basis.
Cross Cutting
Disability
Disabled people
should be able to
access licensed
premises.
Applicants for new
premises licences
must submit a
disabled access and
facilities statement.
The Licensing Board
will note the terms
of this statement and
it is available on
request.
Positive, helps
ensure access for
disabled people
Social & Economic
Impact
The Policy relation
with social and
economic factors is
complex and
multifaceted. On one
hand licences
authorising the sale
and supply of
alcohol are essential
to businesses
however, there are
significant alcohol
related health harms
within West
Dunbartonshire and
alcohol costs the
local economy.
Health partners
submit that off sale
type premises were
almost five times
more likely to
expose children in
the most deprived
communities than in
the least deprived
ones. Also,
Compared to
children in the least
deprived areas.
those in the most
deprived
communities were
almost three times
more likely to be
exposed to alcohol
sales outlets. The
NHS Greater
Glasgow and Clyde
paper highlights that
West
Dunbartonshire has
the fourth highest
local share of the
most deprived SIMD.
Positive: The Policy
on licensed hours
makes sure that
there is a staggered
dispersal between
public house type
premises and
entertainment
premises. This helps
police resources and
also the local
transport
intrastructure. The
Policy recognises the
importance of
tourism to the local
area as well as the
health benefits
through the creation
of employment
opportunities.

Page 4

Consultation
responses from
licensed businesses
highlighted the
import of shops to
the local area and
the benefits of
access to facilities
that these premises
provide such as
Paypoint, and fresh
fruit and veg.
Concerns were also
expressed around
making so that a
variation application
may trigger the
overprovision
policy; it was
suggested that this
would deter
investment in stores.
Sex
Women should be
able to attend or in
licensed premises
safely. There is a
difference in alcohol
consumption levels
between men and
women.
From the NHS
Greater Glasgow
&Clyde paper: The
mean number of
units per week
among drinkers in
West
Dunbartonshire is
11.2 with male
drinker's
consumption
considerably higher
at 14.1 units
compared to 8.6
units for females.
The Policy requires
to promote the
licensing objectives
of protecting and
improving public
health and securing
public safety. The
Policy sets out
various measures
that the Board
expects to be in
place to protect all
persons attending
licensed premises.
Gender Reassign
Health
The Licensing Board
must promote the
licensing objective of
protecting and
improving public
health. When
considering
applications it can
refuse those
applications were
there is an
inconsistency with
the foregoing
licensing objective.
The Policy sets out
As part of the
Licensing Board's
pre-consultation
exercise the views of
the various health
bodies weresought.
They provided the
following evidence
in relation to
overprovision and
health harms:
"Current health data
shows that alcohol
related harm and
alcohol specific
Positive: The Policy
contains a number of
requirements
designed to protect
and improve public
health.

Page 5

how the Board will
promote this
objective.
deaths continue to
be above the
national average for
West
Dunbartonshire as a
local authority. West
Dunbartonshire has
the 3rd highest
alcohol specific
deaths across
Scotland's council
area. Furthermore,
when alcohol
specific deaths were
analyzed for the
Year (2016-2020)
against the baseline
Year (2002-2006)
for each area. West
Dunbartonshire has
the second greatest
increase in Alcohol
Specific Deaths in
Scotland
Additionally, all
intermediate zones
within West
Dunbartonshire
have at least 1
alcohol related
health harm
indicators (Alcohol
Related Hospital
Admissions; Alcohol
Specific Deaths;
Alcohol Related
Mental Health
Admissions) above
the national average
with 16 of the 18
intermediate zones
having 2 or more"
There is evidence
that has been
considered by the
Licensing Board that
employment brings
about health
benefits (see Roeflfs,
Shor, Davidson
&Schwartz, Losing
life and livelihood...
and Waddell and

Page 6

Burton, Is work good
for your health and
well-being?) Pre-
consultation and
consultation
responses from
businesses
highlighted the
import of access to
affordable fruit and
veg as well as
employment
opportunities. The
response from the
NHSGGC and
partners raised
concerns around the
exception for
applications that
would bring
employment
opportunities. The
Licensing Board is,
however, aware of
material that does
make reference to
employment
bringing health
benefits. There was
broad public support
for the proposals
relating to
overprovision.
Health stakeholders
have been engaged
with from an early
stage in the
preparation of the
Policy. Information
has been gathered
from the NHS
Greater Glasgow and
Clyde and West
Dunbartonshire
Health and Social
Care Partnership.
This information has
informed the
preparation and
drafting of the new
Policy to make sure
that it is evidence
based. Doctor Daniel

Page 7

Carter, Consultant in
Public Health,
presented health
related information
to the Board on 9
May 2023. The
Licensing Board is
also consulting on its
Assessment of
Overprovision.
Human Rights
An applicant for a
licence to sell
alcohol at a premises
benefits from the
right to a fair
hearing and to the
peaceful enjoyment
of his possessions.
Residents are
entitled to peaceful
enjoyment of their
property.
Police have
presented material
around the number
of alcohol related
crimes and
incidents. Health
partners submit that
there is evidence to
suggest that laws
limiting when
people can buy and
sell alcohol help
lower harm
associated with
alcohol. The Policy
gives applicants
certainty around the
Board's expectations
and how the Board
will consider
applications. The
Policy also clearly
narrates the
conditions that it
may apply to a
licence. The Policy
sets out its stance on
how to promote the
licensing objective of
preventing public
nuisance so to stop
local communities
being adversely
impacted on by
licensed premises.
Positive: the policy
supports rights of
applicants, licensees
and the public.
Marriage & Civil
Partnership
Pregnancy &
Maternity
Race
Religion and Belief
Sexual Orientation
Actions

Page 8

Policy has a negative impact on an equality group,but is still to be implemented,
please provide justification for this.
Will the impact of the policy be monitored and reported on an ongoing bases?
Yes. The Licensing Forum will keep the Licensing Board up to date with any
developments that it thinks of relevance to the Licensing Board, for example, public
health studies or concerns from Police Scotland.
Q7 What is you recommendation for this policy?
Please provide a meaningful summary of how you have reached the
recommendation
EIA 785: The assessment details positive in terms of health, disability access, protecting
young people and Human Rights. Socio-economic considerations have also been made.
The Licensing Board’s Overprovision Assessment is an important tool in mitigating the
health harms and anti-social behaviour caused by alcohol (where it can be shown that
there is a link between these factors). The Overprovision Assessment is based on
evidence provided by Police and NHS as well as taking into account the views of a wide
range of stakeholders. The consultation responses suggested broad support for the
Overprovision Assessment.