Publication - Guidance

Licensing (Scotland) Act 2005 section 142: guidance for licensing boards and local authorities

Published: 16 Apr 2007
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9780755966080

Guidance on section 142 of the Licensing (Scotland) Act 2005 for licensing boards and local authorities.

94 page PDF

0 B

94 page PDF

0 B

Contents
Licensing (Scotland) Act 2005 section 142: guidance for licensing boards and local authorities
Annex 5 Useful Links & associated information

94 page PDF

0 B

Annex 5 Useful Links & associated information

Partnership working

Licensing functions under the Act are only one means of promoting the delivery of the objectives. They can make a substantial contribution in respect of the premises affected but cannot be regarded as the only way to tackle challenges in our communities. Delivery should involve partnership work between Licensing Boards, Licensing Standards Officers, planning authorities, environmental health and safety authorities, the police, the fire and rescue authorities/joint fire and rescue boards, local people, other representative bodies and organisations working towards the promotion of the common objectives described. The establishment of Local Licensing Forums should help to facilitate this process

National Pubwatch and local Pubwatch schemes

Pubwatch schemes range in size from over 200 premises in cities to small rural schemes with as few as 5 premises involved. The basic working principle underpinning a Pubwatch scheme is that the licensees of the premises involved agree on a number of policies to counter individuals who threaten damage, disorder, and violence or use or deal in drugs in their premises. Normally, action consists of agreeing to refuse to serve individuals that cause, or are known to have caused, these sorts of problems. Refusal of admission and service to those that cause trouble has proved to be effective in reducing anti-social behaviour. To be effective any Pubwatch scheme must work closely with the police, and Licensing Boards.

National Pubwatch is a voluntary organisation set up to support existing pubwatches. It encourages the creation of new pubwatch schemes with the key aim of achieving a safe, secure social drinking environment in all licensed premises throughout the UK.

The National Pubwatch Good Practice Guide provides advice on how such schemes can be established locally and includes Codes of Practice on sharing information, photographs and banning policies with regard to responsibilities under the Data Protection Act 1998. Licensing Boards should familiarise themselves with Pubwatch schemes operating in their areas and support their aims. Information about Pubwatch can be obtained through their website: www.uniquepubs.com/pubwatch .

Safer Clubbing

Drug use by young people in a club environment poses many challenges to all those responsible for the regulation of nightclubs and other dance venues. With that in mind Licensing Boards may wish to consider current guidance available in England & wales that has been prepared by the Home Office in collaboration with the London Drugs Policy Forum in partnership with Release, "Safe Clubbing" which is available on their website. This guidance has ben prepared for use by licensing authorities in England & Wales, club managers and promoters. This guidance may be viwed at the following website address. http://www.drugs.gov.uk/publication-search/young-people/safer-clubbing-guide.pdf?view=Binary

Research

For information on potential alcohol-related harms generally, Licensing Boards may wish to be aware of information that is regularly updated on the Scottish Executive's "Alcohol Information Scotland" website. http://www.alcoholinformation.isdscotland.org/alcohol_misuse/AI_MainPage.jsp?pContentID=1394&p_applic=CCC&p_service=Content.show&

This website also contains useful links to a range of key organisations in Scotland in the alcohol field including: -.

  • Scottish Executive
  • Scottish Ministerial Advisory Committee on Alcohol Problems
  • National Alcohol Information Resource
  • Scottish Association of Alcohol Action Teams
  • Alcohol Action Teams
  • Alcohol Focus Scotland

Anti-social behaviour (Scotland) Act 2004

Licensing Boards should be aware of powers available to local authorities under the above Act with regard to the closure of premises and noise nuisance.

Part 4 of that Act makes provision for the closure of premises associated with significant and persistent disorder or significant, persistent and serious nuisance to members of the public. A closure notice will only be served on a premises once authorised by a senior police officer. That senior officer will then apply to the sheriff for a closure order, which will prohibit all access to the premises for a specified period (up to a maximum of 6 months, including extension). Failure to comply with a closure order will be a criminal offence.

Part 5 of that Act contains noise control provisions which are additional and complementary to the existing statutory nuisance regime under Part III of the Environmental Protection Act 1990 ("the 1990 Act"). Local authorities are given the power to implement a noise nuisance service in their area up to 24 hours a day and 7 days a week. In addition, provision is made for fixed penalty notices for noise nuisance and additional powers are introduced for local authority officers to seize noise making equipment.

That Act can be viewed on the HMSO website: - ( http://www.opsi.gov.uk/legislation/scotland/acts2004/20040008.htm)

Qualifications supporting the licensing objectives

A range of qualifications, designed to support the licensing objectives, are currently being developed by the National Licensing Forum. In order to assist in this process, the Forum established an Expert Training Advisory Group consisting of representatives of training bodies, the licensed trade, representatives from the National Licensing Forum and others who are developing the detail relating to, the development of a training syllabus and qualifications, and delivery mechanisms.


Contact

Email: Central Enquiries Unit ceu@gov.scot