Item 11 - Update and Review of Licensing Policy and Procedures

West Dunbartonshire Council · 19 February 2025
Back to Licensing Committee — 19 February 2025 and its agenda

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WEST DUNBARTONSHIRE COUNCIL 
Report by Chief Officer – Regulatory & Regeneration 
Licensing Committee – 19 February 2025 
Subject: Update and review of Licensing Policies and Procedures 
1  Purpose   
1.1  To inform Members of the proposed review of the Licensing Section’s li
censing policies and procedures to make sure that they align with the 
Council’s broader equalities objectives as well as considering the needs
of the community and licensed trade. 
2  Recommendations   
2.1  It is recommended that Members note and approve the review of
licensing policies and procedures. 
3  Background   
3.1  The Council’s Licensing Committee has delegated authority in relation
to various licensing regimes including (but not limited to) those activities
licensed under the Civic Government (Scotland) Act 1982, the Housing
(Scotland) Act 2006, and The Animal (Licensing of Activities Involving
Animals) (Scotland) Regulations 2021. These licensing regimes have a
common theme in that they seek to preserve public order and safety
and prevent crime. 
3.2  When discharging its functions through the aforementioned licensing
regimes, the Council (and its Committee and officers) must make sure
that their decisions comply with the Equality Act 2010 and in particular,
the Public Sector Equalities Duty. The Council’s responsibilities under
the Equality Act 2010 are wide, however, Members will be aware that
when exercising a public function they must not do anything that
constitutes discrimination, harassment or victimisation of a person with
protected characteristics. Similarly the Public Sector Equalities Duty
requires that they have due regard to the need to (a) eliminate
discrimination, harassment, victimisation and any other conduct that is
prohibited by or under this Act; (b) advance equality of opportunity
between persons who share a relevant protected characteristic and
persons who do not share it; (c) foster good relations between persons
who share a relevant protected characteristic and persons who do not
share it. For the avoidance of doubt, the Equality Act 2010 defines
protected characteristics as follows:- 
 age;

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 disability; 
 gender reassignment;
 marriage and civil partnership;
 race;
 religion or belief;
 sex; and 
 sexual orientation. 
4  Main issues   
4.1  The Council’s licensing policies and procedures have been developed
over time to meet legislative requirements. These policies and
procedures will have been prepared to meet legal requirements both in
terms of the licensing regime and the wider legal framework that the
licensing authority must work within (including but not limited to the
Equality Act 2010). 
4.2  Given changes to societal expectations, trade practice, and
technological developments, it is good practice that these policies and
procedures are reviewed so to evaluate their impact (if any) on persons
with protected characteristics and to make sure that they align with the
Public Sector Equality Duty so far as permitted by law. So that the
Council can make fully reasoned decisions, it is important that it
understands the full impact of its current and proposed policies and
procedures on the licensed trade. 
4.3  It is proposed that the review will focus on licence types that are public
facing, for example, taxi and private hire car (including all forms of
licences relating to these activities), public entertainment, houses of
multiple occupation and late hours catering licensing. Consideration
was given to the inclusion of short-term let licensing, however, it was
noted that the policy is already due to be reviewed by the local authority
within a set timeframe. 
4.4  Officers from the Licensing Section, working with the Council’s
Performance and Strategy team, will agree a methodology to engage
with those persons with protected characteristics and the licensed trade
to establish what impact, if any, the relevant licensing policies and
procedures have. 
4.5  The outcome of this engagement will be reported to a future meeting of
the Licensing Committee with officers’ suggestions of how policies and
procedures could be improved to reflect the findings of the engagement
exercise where applicable. Members should note at this stage that
matters raised through the exercise may fall outwith the remit of the
licensing authority, however, officers will feed that information to the
appropriate services or organisations.

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5  Options Appraisal   
5.1  No options appraisal was required for this report. 
6  People Implications   
6.1  There are no personnel issues at this stage. 
7  Financial and Procurement implications 
7.1  No financial or procurement implications. 
8  Equalities Impact Assessment (EIA)   
8.1  EIA1215: Screened as not relevant. No policies or procedures are being
amended. This report proposes to establish a review of the policies and
procedures. As part of this review, stakeholders from a diverse range of
backgrounds (including those groups representing persons with
protected characteristics) will be consulted. This will form the basis for
further EIAs. 
9  Consultation   
9.1  As narrated at paragraph 4.4 of this Report, officers of the Licensing
Section will engage with colleagues in the Performance and Strategy
team. 
10  Strategic Assessment   
10.1  Licensing plays a key role to make sure our communities are resilient
and thriving. 
Alan Douglas
Chief Officer – Regulatory and Regeneration
23 January 2025 
Person to contact:  Michael McDougall
Manager of Legal Services
michael.mcdougall@west-dunbarton.gov.uk   
Appendices:   None   
Background papers:  None   
Wards affected:  All