The Highland Licensing Board Annual Functions Report 2017-18

294 Pages·2017·3.48 MB·English

The Highland Licensing Board Agenda 7
Item
Meeting – 26 June 2018 Report HLB/056/18
No

The Highland Licensing Board Functions Report 2017-18

Report by the Depute Clerk to the Licensing Board

Summary

This Report invites the Board to approve the Board’s first annual Functions Report
for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

1. Background

1.1 The Air Weapons and Licensing (Scotland) Act 2015 amended the Licensing
(Scotland) Act 2005 (“the Act”) to introduce a requirement that Licensing
Boards produce and publish annual functions reports.

1.2 As a consequence, section 9A was inserted into the Act and came into force
on 20 December 2017.

1.3 Section 9A of the Act states that the Board’s annual functions report must be
prepared and published not later than 3 months after the end of each financial
year. This means that the Board’s report for the financial year 2017-18 must
be published by no later than the end of June 2018.

1.4 The functions report must include-

(a) a statement explaining how the Board has regard to-

(i) the licensing objectives, and

(ii) their licensing policy statement and any supplementary licensing policy
statement (including the Board’s statement under section 7(1) (duty to
assess overprovision)), in the exercise of their functions under this Act
during the financial year,

(b) a summary of the decisions made by (or on behalf of) the Board during the
financial year, and

(c) information about the number of licences held under this Act in the Board’s
area (including information about the number of occasional licences issued
during the year)
1.5 Section 9A of the Act states that the report may include such other information
about the exercise of the Licensing Board’s functions under this Act as the
Board considers appropriate.

1.6 Section 9A also allows for the Scottish Ministers to make further provision
about reports under this section including, in particular, provision about (a) the
form and required content of reports and (b) the publication of reports.
However, to date, no official guidance on this has been provided by Scottish
Ministers.

1.7 The draft annual functions report is attached at Appendix 1 for members’
approval. The report sets out all the types of licences that the Board is
responsible for determining. It also includes details of all the functions of the
Board and how the Board has regard to the licensing objectives and their
licensing policy statement and supplementary documentation.

1.8 There are several reports appended to the annual functions report which
provides a breakdown of the total number of licences (premises and personal
licences) that are currently in force within Highland.

1.9 There are also reports showing the list of applications considered by the Board
and applications granted under delegated powers on behalf of the Board
during the financial year.

1.10 A breakdown of revocations of premises licences has been provided together
with details of the one refusal of a personal licence within the financial year.

1.11 These appendices to the draft annual functions report are attached to this
report as Appendices 4 to 10, to retain their numbering in the functions
report.

1.12 Information has also been provided on the Board members’ training, the
Highland Licensing Forum and the role of the Licensing Standards Officers as
supplementary information.

Recommendation

The Board is invited to approve the draft Functions Report 2017-18 attached at
Appendix 1 for publication in accordance with section 9A of the 2005 Act.

Date: 13 June 2018

Author: Claire McArthur

Appendices:

Appendix 1- Draft Functions Report 2017-2018
Appendices to Appendix 1:

Appendix 4 - Current number of premises licences
Appendix 5 – Summary of decisions made by the Board
Appendix 6 – Summary of decisions granted under delegated powers on behalf of
the Board
Appendix 7 – Breakdown of occasional licences issued
Appendix 8 – Breakdown of extended hours issued
Appendix 9 – Breakdown of revocations of premises licences
Appendix 10 – Current number of personal licences

Background Papers: Licensing (Scotland) Act 2005
APPENDIX 1

The Highland Council Licensing Board

Annual Functions Report

In accordance with the Licensing (Scotland) Act 2005

1 April 2017 – 31 March 2018

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Contents:
1. Introduction
2. Functions of the Board
3. How the Board has regard to the licensing objectives
4. How the Board has regard to their Licensing Policy Statement
5. Decisions made by (or on behalf of) the Board
6. Number of Licences held in the Board’s area
7. Other information about the exercise of the Licensing Board’s functions
8. Conclusion

Appendices:
1. Statement of Licensing Policy 2013-2018:

https://www.highland.gov.uk/downloads/file/3743/highland_licensing_board_p
olicy_statement_2013_to_2016

2. Supplementary Licensing Policy Statement on extended hours for special
events of local or national significance:
https://www.highland.gov.uk/downloads/file/13560/hlb_supplementary_policy_
statement_on_extended_hours_for_special_events_of_local_or_national_sign
ificance
3. Highland Licensing Board policy hours:
https://www.highland.gov.uk/downloads/file/3744/highland_licensing_board_p
olicy_hours
4. Current number of premises licences
5. Summary of decisions made by the Board
6. Summary of decisions granted under delegated powers on behalf of the
Licensing Board
7. Breakdown of occasional licences issued
8. Breakdown of extended hours issued
9. Breakdown of revocations of premises licences
10. Total number of personal licences

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1.0 Introduction

1.1 The Highland Licensing Board (“the Board”) is the licensing authority
for the local government area of the Highlands for the purposes of the
Licensing (Scotland) Act 2005 (“the Act”). The area extends to 26,484
square kilometres, one third of the land area of Scotland.

1.2 The 2011 Census figures show that the population of Highland on
Census day was 232,132 and it increased to 232,950 in mid-2013.
This is the seventh highest population of the 32 licensing board areas
in Scotland.

1.3 The current Board which was formed in May 2017 comprises ten
members, who are all elected members of The Highland Council. The
Board is responsible for the functions as set out in Paragraph 2 below
within the Highlands.

1.4 The Act makes provision for regulating the sale of alcohol and for
regulating licensed premises and other premises on which alcohol is
sold.

1.5 Under the Act, the Licensing Board is responsible for considering
applications for:

• Premises licences
• Occasional licences
• Provisional licences
• Temporary licences
• Personal licences
• Transfer of premises licences
• Variation of premises licences
• Extension of licensing hours

1.6 The Act set out the five licensing objectives (“the licensing objectives”)
as set out below:

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

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1.7 The licensing objectives provide a basis for the administration of the
licensing regime. They also provide potential reasons for refusal of an
application for the grant or variation of a premises licence, an
occasional licence or a personal licence. Breach of the objectives may
provide grounds for reviewing a premises licence or a personal licence.
Conditions attached to a premises licence or an occasional licence
may be based on any one or more of the licensing objectives.

2.0 Functions of the Board

2.1 The functions of the Board are set out in Schedule 1 of the Act and are
summarised below:

• Determining the Board’s policy for the purposes of a licensing
policy statement or supplementary licensing policy statement
• Determining, for the purposes of any such statement, whether
there is overprovision of licensed premises, or licensed
premises of any particular description, in any locality
• Determining a premises licence application
• Determining a premises licence variation application where the
variation sought is not a minor variation
• Determining an application for the transfer of a premises licence
where the applicant has been convicted of a relevant offence or
a foreign offence
• Determining a personal licence application or a personal licence
renewal application where the application has been convicted of
a relevant offence or a foreign offence
• Conducting a hearing in respect of a review of a premises
licence
• Conducting a hearing in respect of revoking, suspending or
endorsing a personal licence
• Making a closure order
• Refusing an application for confirmation of a provisional
premises licence

3.0 How the Board has regard to the licensing objectives

3.1 In exercising its functions under the Act, the Board is required to have
regard to the licensing objectives as stated at Paragraph 1.6.

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3.2 Promotion of the licensing objectives is always at the forefront of the
Board’s consideration in determining its policies for the purposes of its
policy statement.

3.2 When determining licence applications, the Board verifies that all
applications before them are consistent with the licensing objectives
and ensures that any potential issues are addressed through
appropriate measures to safeguard full compliance with the licensing
objectives. Such measures include attaching local and special
conditions to licences if necessary. Examples of these can be found in
the appendices to the Board’s Policy Statement.

4.0 How the Board has regard to their Licensing Policy Statement

4.1 The Board is aware that all applications before the Board are to be
dealt with in an open and transparent manner in accordance with
licensing legislation and their Board policy documents.

4.2 Information and assistance was made available to persons wishing to
apply for a licence, make representations or lodge objections.

4.3 The Board when making their determinations took into account their
policy statement 2013 to 2018, supplementary licensing policy
statement on extended hours for special events of local or national
significance and the Board policy hours. Copies of the Board’s policies
are shown in the link at Appendices 1 to 3.

4.4 The Board is aware of their quasi-judicial function and their obligation
to objectively determine facts and draw conclusions from them. The
Board always aims to follow best practice to ensure proportionate,
accountable and consistent decision making by listening to all the
information provided by Licensing Standards Officers, applicants and
any objectors, weighing up the relevant information, reviewing this
against their policies and coming to an informed decision.

5.0 Decisions made by (or on behalf of) the Board

5.1 In the year from 1 April 2017 to 31 March 2018 (“the Period”), the
Board met 8 times to determine applications.

5.2 Each application for a new premises licence or variation of a licence
was decided on its own merits. During the Period, the Board also
received applications for both occasional licences and extended hours.
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A summary of all the applications received for the financial year is
shown in appendices 5 to 10.

5.3 In assessing applications, the Board used a number of different
sources of information to enable them to reach determinations. These
sources included reports from community councils, local residents, the
Licensing Standards Officer, Police Scotland, National Health Service,
application objectors and established licensing practitioners.

5.4 Objections were received to a number of applications. All objections
were taken into account in the decision making process.

6.0 Number of licences held in the Board’s area

6.1 The total number of premises licences in force as at 31 March 2018
was 1224. A breakdown of these premise licences is shown at
Appendix 4.

6.1.1 A list of applications that were considered at the Board during
the Period is shown at Appendix 5.

6.1.2 A list of applications that were granted under delegated powers
during the Period is shown at Appendix 6.

6.1.3 A list of occasional licences issued during the Period is shown at
Appendix 7.

6.1.4 A list of extended hours licences issued during the Period are
shown at Appendix 8.

6.1.5 There were no written warnings, variations to licences or
suspensions to premises licences during the Period. There
were 3 revocations of premises licenses. These were on the
grounds of non-payment of the annual premise licence fees and
are shown at Appendix 9.

6.2 The total number of personal licences in force as at 31 March 2018
was 3575, of which 362 were granted during the Period. A list of
current personal licences (broken down into applications per year) is
shown at Appendix 10. Further details of current personal licences are
available on the Highland Council public register at the following
link: http://license.highland.gov.uk/default.aspx

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6.2.1 There were no personal licence reviews undertaken during the
Period and there was 1 personal licence application refused.
This was on the ground that refusal was considered necessary
for the purposes of preventing crime and disorder given the
nature of the applicant’s previous conviction and the fact that a
live warrant for his arrest was at that time in place for a pending
case. There were 211 personal licence revocations during the
Period as a result of the personal licence holders not refreshing
their training, or producing evidence of having completed
refresher training, within the specified period.

7.0 Other information about the exercise of the Licensing Board’s
functions

7.1 Licensing Board training
On 6 June and 26 July 2017 all current Board members received a day
of training from Alcohol Focus Scotland in licensing legislation and the
Board’s functions. This included a post training examination which all
Members had to pass before they could sit on the Highland Licensing
Board
7.2 Licensing Forum

7.2.1 Alongside the Highland Licensing Board, there is also the
Highland Licensing Forum (“HLF”). Local licensing forums were
established under the Act and each forum consists of between 5
and 21 members as the Council may determine and at least of
one the members must be a Licensing Standards Officer for the
Council area. The remainder of the members include persons
resident within the forum area, young people, persons having
functions relating to health, education or social work, premises
licence/personal licence holders and a member from Police
Scotland.

7.2.2 The role of the HLF is to keep under review the operation of the
Act in the Highland area. The HLF is the community’s voice on
licensing issues. This will be mainly at a policy level as the HLF
cannot comment on individual cases before the Board.

7.2.3 The HLF meet four times a year and in addition have one joint
meeting with the Board each year.

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