Publication - Consultation analysis

Update of the Licensing (Procedure) (Scotland) Regulations 2007: summary of responses

Published: 31 Oct 2018

Summary of responses to a consultation on updating secondary legislation which sets out procedural matters related to the Licensing (Scotland) Act 2005.

Update of the Licensing (Procedure) (Scotland) Regulations 2007: summary of responses
Executive Summary

Executive Summary

9. The consultation ran from 14th March to 6th June 2018. Fifty responses were received in total, of which forty three were received online, via the Scottish Government’s Consultation Hub, and a further seven were received by email.

10. There were twenty one responses received from individuals. The remainder were from organisations, including:

  • Community Councils
  • Local Authority Councils
  • Scottish Community Safety Network
  • Licensing Boards
  • Alcohol and Drug Partnership of East Ayrshire Council.
  • NHS – Public Health Department
  • Scottish Health Action on Alcohol Problems (SHAAP)
  • UK Hospitality
  • Scottish Beer and Pub Association
  • Scottish Consultants and Specialists in Public Health Alcohol Special Interest Group
  • Alcohol Focus Scotland
  • Association of Convenience Stores and Scottish Grocers’ Federation (Joint response)
  • Law Society of Scotland

11. Eighteen respondents provided approval for their name to be published together with the name of their organisation (where relevant). Twenty five respondents wished for their name to remain anonymous, which included those who did not want their personal name published alongside their organisation’s reply. Seven respondents did not want their response to be published.

12. The consultation set out four, primarily qualitative, questions relating to the current Procedure Regulations. In particular, views were sought specifically in relation to neighbour notifications and provisions other than those relating to neighbour notifications. Respondents were also provided with an opportunity to outline any additional concerns they may have regarding the Procedure Regulations and to provide examples of good practice.

13. Some respondents did not respond to all four questions in the consultation.

14. An analysis of the question specific replies follows the common themes summary below.

15. Common themes

Common themes have been identified from the responses. These include:

  • complex law and procedures.
  • provisions re neighbour notifications - fit for purpose.
  • change the meaning of “neighbouring land” to increase the distance (range of options suggested).
  • clarification required re “notifiable interest” (owner of land)
  • use of digital approach - including social media; Licensing Portals; and “Tell me Scotland” website.
  • display of notices – (more prominent; user friendly; size; colour; and more detailed information re application)
  • notification periods – too short; extend (range of options suggested); no evidence to extend; and concerns re burden on business.
  • occasional licences – more scrutiny; and amend to reflect current statutory position
  • amend/remove transitional provisions
  • prescribe/extend period to issue a statement of reasons
  • concerns re cost and resource implications

16. The Scottish Government’s next steps are set out at the end of this document.


Contact

Email: Alex Kelly