Democracy Spraffa

Item 6 - Festive Hours Policy 2023-2024

West Dunbartonshire Council · 31 October 2023
Back to Licensing Board — 31 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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WEST DUNBARTONSHIRE LICENSING BOARD 
Report by the Clerk to the Licensing Board 
31 October 2023 
Subject:  Festive Hours Policy 2023-2024 
1. Purpose 
To propose a policy on an extension to licensed hours during the festive
period in terms of Section 67 of the Licensing (Scotland) Act 2005 (“the Act”). 
2. Recommendations 
2.1 It is recommended: 
(a) that the 2023/24 Festive Period is defined as being Monday 11
December 2023 to Wednesday 3 January 2024 inclusive; 
(b) that premises licence holders – with permission to utilise festive
extensions - without significant entertainment (public houses, hotel
bars and members’ clubs fall into this category) may trade for one hour
more than the normal licensed hours during the festive period with the
exception of Hogmanay; 
(c) that premises licence holders – with permission to utilise festive
extensions - without significant entertainment (public houses, hotel
bars and members’ clubs) may trade to 3 am on Hogmanay on
condition that last entry to the premises is 11pm and the event is pre-
ticketed; 
(d) that premises licence holders - with permission to utilise festive
extensions - offering significant entertainment (nightclubs) may trade
until 4 am during the festive period; 
(d) premises licence holders without permission to utilise festive
extensions may apply for extended hours certificates in relation to the
festive period; 
(e) that authority for the granting of applications for extended hours
certificates over the Festive Period be delegated to the Clerk to the
Licensing Board, if the terms of the application are in accordance with
the foregoing agreed recommendations; and 
(f) that should applications for extended hours certificates be submitted
which fall outwith the agreed hours or foregoing recommendations,
then any such applications may require to be submitted to the Board
for consideration, particularly where objections are forthcoming.

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3. Background 
3.1 Section 67 of the Act allows a licensing board, where they consider it
appropriate to do so in relation to a special event of local or national
significance, to determine that licensed hours are extended by a specified
period. 
3.2 The Licensing Board’s new Statement of Policy (coming into effect November
2023) at paragraph 33 notes that it may utilise section 67 of the 2005 Act so
to grant a general extension to relevant premises’ licensed hours during the
festive season. This means that these premises will not require to submit an
application for an extended hours certificate to utilise these hours. Premises
falling outwith the scope of this general extension or wishing to have
additional hours outwith the terms of the general extension will be able to
submit an application for an extended hours certificate. 
3.2 The Festive Hours Policy, as agreed by the Licensing Board, will be served on
Police Scotland and will be circulated to licence holders. Licensing Standards
Officers will highlight the Festive Hours Policy during routine visits to licensed
premises and will also circulate it through trade associations. 
4. Main Issues 
4.1 The proposed Festive Hours Policy is enclosed at Appendix 1. The Policy
narrates that where a premises licence holder’s operating plan at Question 4
indicates that they will operate according to seasonal demand then the
premises will be entitled to utilise the additional hours granted by the
Licensing Board by way of a general extension subject to a notification
requirement. 
4.2 Where a premises licence holder’s operating plan at Question 4 does not
indicate that they will operate according to seasonal demand then an
application for an extended hours certificate will need to be submitted and
granted for the premises to take advantage of the additional hours outlined in
the Policy. 
4.3 It is proposed that the authority for the granting of applications for extended
hours certificates be delegated to the Clerk of the Licensing Board where the
terms of the application mirror the Policy. Applicants seeking hours outwith
the terms of the Policy and the Licensing Board’s Statement of Licensing
Policy will likely to be required to be referred to a meeting of the Licensing
Board. 
4.4 Given that the premises licence holder must notify the Licensing Section and
Police Scotland before utilising these additional hours, Police Scotland will be
aware of the premises’ intentions.

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4.5 In keeping with the practice of previous years, the Festive Period is defined as
being be from Monday 11 December 2023 to Wednesday 3 January 2024
inclusive. 
5. People Implications 
5.1 All extended hours applications should be processed by Licensing Section
staff on behalf of the Board without adverse impact on the service provided by
the Board or Licensing Section. 
5.2 A general extension will reduce the number of applications for extended hours
certificates.   
6. Financial Implications 
5.3 The report may have a financial benefit to the licensed trade over the Festive 
Period. 
7. Risk Analysis 
7.1 There is no increased risk to the Council associated with the contents of this
report. 
8. Equalities, Health & Human Rights Impact Assessment (EIA) 
8.1 EIA 796: This Policy grants additional hours (usually only one hour) during the
festive period. This has happened over a number of years. There have been
no issues reported with the operation of this Policy. 
9.      Consultation 
9.1 The proposal was discussed with Police Scotland. Police Scotland were
content with the terms of the Policy subject to being notified of what premises
are taking up these hours. 
Alan Douglas
Clerk to the Licensing Board
13 October 2023 
Person to Contact: Michael McDougall, Manager of Legal Services, West
Dunbartonshire Licensing Board, Council Offices, 16
Church Street, Dumbarton, G82 1QL 
Appendix: 1. Festive Hours Policy

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Background Papers: None 
Wards Affected: All Wards.