Licensing (Scotland) Act 2005: Clackmannanshire Licensing Board - Statement of Licensing Policy

Overview

Clackmannanshire Licensing Board is seeking views of members of the public and others to help with the review of its Statement of Licensing Policy.

In 2010, Clackmannanshire Licensing Board adopted a Statement of Licensing Policy as required under section 6 of the Licensing (Scotland) Act 2005 (the "Act"). In terms of the Act, the Board is required to publish a statement of policy every three years.

As the end of the current three year period approaches, the Board has prepared a new draft Statement of Policy to take account of changes since 2010, including the amendments to the Act in terms of the Criminal Justice and Licensing (Scotland) Act 2010 and the Alcohol etc. (Scotland) Act 2010 and the Board's experience of the Act in operation. 

The Act contains five licensing objectives which underpin the functions that the Board, as a licensing authority, will perform.  These objectives are central to the regulatory regime created by the Act.  They are:

• Preventing crime and disorder;
• Securing public safety;
• Preventing public nuisance;
• Protecting and improving public health; and
• Protecting children from harm;

The Act gives Licensing Boards a number of important regulatory functions. The main functions are to:

• license premises for the sale of alcohol;
• consider applications for occasional licences;
• consider applications for extended hours for licensed premises;
• consider applications for personal licences;
• regulate the sale of alcohol within the Boards area, including the powers to review premises and personal licences; and
• consider whether there are any localities within the Boards area where there is either the overprovision of licensed premises or a particular type of licensed premises

In exercising its functions the Board should have regard to the Licensing Objectives together with its current Statement of Policy, however it is important to note that each application will be considered on its own merits.  In preparing the Policy Statement the Board must consult:

• the Local Licensing Forum;
• holders of Premises and Personal Licences;
• the Chief Constable of Police Scotland;
• NHS Forth Valley;
• persons having functions relating to health, education or social work;
• young people; and
• persons resident within Clackmannanshire

In producing the final Statement, the Board will have regard to any responses which you make.  Thereafter, the Board will formally approve the Policy Statement.  Subsequently, the Statement will be published on the Council’s website and will be made available for inspection by members of the public at Greenfield, Alloa and in the public libraries.  The Statement will be published as soon as practical after the Board Meeting on 14th November 2013.

In considering your response to the Statement, it would be helpful if you would have regard to the following questions:

1. Has Clackmannanshire Licensing Board had sufficient regard to the licensing objectives?
2. Does this Statement make clear the geographical area that it covers?
3. Does the Statement adequately set out what factors the Board may take into account when considering applications for a premises licence, occasional licences and matters that it will consider relevant when determining whether to review a licence?
4. Are there any localities within the Board's area where there are an overprovision of licensed premises or a particular description of licensed premises?
5. Do you have any general comments on any aspects of the Statement
6. Do you disagree with any elements of the Statement and, if so, why?
7. Do you consider that any matters have been omitted from the Statement, and if so, what are these matters?

Should you have any comments as regards this draft Policy Statement please submit these as follows:

by email to:     licensing@clacks.gov.uk

by fax to:         01259 - 727450

in writing to:   The Team Leader Building Standards and Licensing

                       Community and Regulatory Services

                       Clackmannanshire Council

                       Kilncraigs

                       Alloa

                       FK10 1EB