Chapter 1 - Introduction
1. The Licensing (Scotland) Act 2005, drew on the work of the Nicholson and Daniels Committees, fully coming into effect on 1 September 2009. Since then it has been updated by the Alcohol etc. (Scotland) Act 2010 and the Criminal Justice and Licensing (Scotland) Act 2010, as well as relevant secondary legislation.
2. These measures have delivered significant improvements in alcohol licensing, but the pace of legislative change has created issues of its own. Not all aspects of the licensing regime are working effectively and stakeholders such as the police and local authorities have highlighted areas that require attention. Concerns have been raised around such issues as whether the 2011 Brightcrew decision limits the ability of Boards to consider wider issues, the treatment of members' clubs and procedures at Licensing Boards.
3. We are also keen to strengthen the powers of Licensing Boards and the police, and are seeking views on proposals to criminalise the supply of alcohol to under 18s in a public place, making it easier to address proxy sales of alcohol and giving the police and Boards powers to impose restrictions on licensed premises where disorder is likely to occur.
4. In addition, we remain committed to addressing the issue of alcohol misuse, for example through proposals to strengthen the requirement on Boards to assess overprovision.
5. This consultation is a single component within a programme of work to update and improve the legislation in relation to licensing. The consultation for a Better Regulation Bill concluded on 26th October, the consultation on the licensing of taxis and private hire cars commenced on 28th November. Work is already ongoing to review the alcohol licensing fees regime and update the guidance to Licensing Boards.
6. We would welcome your views on these proposals, recognising that for some people only a few of these proposals might be of interest. Respondents are welcome to respond on as many or as few questions as they want to. It is however vital that the Respondent Information Form is fully completed with any response, it would also be useful to know on what basis you are responding.
7. Finally, in order to assist with the analysis of this consultation, can you indicate whether you are responding on behalf of a particular business type of business or organisation.
1. Are you responding as an;
(b) primarily on-trade business
(c) primarily off-trade business
(d) members' club
(e) local authority
(f) another business or organisation, please specify