Subject: Licensing (Scotland) Act 2005 : Local Licensing Forum

CLACKMANNANSHIRE COUNCIL

Report to Clackmannanshire Council of Meeting of 21 June, 2007

Prepared by: Amanda Caddamy, Solicitor

1.0 INTRODUCTION

1.1. In terms of the Licensing (Scotland) Act 2005 (“the 2005 Act”) the Council must establish a Local Licensing Forum for the Clackmannanshire area. This requirement is contained within Section 10 of the Act which came into force on 1May, 2007.

2.0 RECOMMENDATION

2.1. The Council is recommended to note the contents of this report and approve the establishment of the Local Licensing Forum as follows: 1. Licensing Standards Officer 2. Area Commander for Clackmannanshire as representative for Chief Constable 3. Elaine McLaren, Substance Misuse Officer 4. Ian Gordon, Tillicoultry Community Council 4. Kathy O'Neill, General Manager, Clackmannanshire CHP 5. Andrew Crawford, Enviromental Services 6. Les Sharp, Menstrie Community Council 7. Martin Connelly (off-sales),21 Birch Hill Road, Stirling 8. George Den-Kaat, Manager, The Old Brewery, 20 East Vennel, Alloa, 9. Representative of the Councils Education, Community & Cultural Services 10. Representative of the Councils Social Work Services 11. Representative of the Councils Youth Work Department 12. George McGuire, Clackmannan Community Council 13. Representative of the Licensed Trade Association 14. Representative of the Clackmannanshire Access Forum

3.0 BACKGROUND

3.1. Section 10 of the Act requires every Council to establish a Local Licensing Forum for their area.

3.2. The role of the Forum is to keep under review the operating licensing system in the Council area and give advice and recommendations to the Licensing

045947c351eb2c9c8ef1e324b069500a.doc Page 1 of 4 Board. The Forum should not give advice or recommendations in relation to a particular case or application.

3.3. The Forum is to consist of such number (being not fewer than 5 and not more than 20) of members as the Council may determine. At least one of the members must be a Licensing Standards Officer for Clackmannanshire. The other members are to be individuals appointed by the Council. In appointing members of the Forum the Council must seek to ensure, as far as possible, that the membership of the Forum is representative of the interests of persons or the descriptions of persons who have an interest which is relevant to the Forums general functions. These persons include:

 holders of premises licenses and personal licenses;

 the Chief Constable;

 persons having function relating to health, education, social work;

 young people;

 persons resident within Clackmannanshire.

3.4 The forum must hold at least four meetings in each calendar year and there will be at least one joint meeting with the Licensing Board. Training sessions for Local Licensing Forum members will be held during the summer of 2007. Other arrangements for the meetings and procedures of the Forum will be determined once the Forum is formally established.

3.5 Meetings of the Forum are to be chaired by the Convenor. At the first meeting in each calendar year, the Forum must elect one of its members to be the Convenor of the Forum. The Convenor holds office on such terms and conditions as the relevant Council may determine until the next election. If the office of Convenor is vacant or the Convenor is for any reason unable to act a meeting of the Forum may be chaired by any member present.

3.6 The Council must provide each Forum established by them, or ensure each such Forum is provided with such staff, property or services as the Council considers are required for the Forums purposes.

3.7 After extensive advertising the following individuals have requested to become members of the Forum:

1. Licensing Standards Officer 2. Area Commander for Clackmannanshire as representative for Chief Constable 3. Elaine McLaren, Substance Misuse Officer 4. Ian Gordon, Tillicoultry Community Council 4. Kathy O'Neill, General Manager, Clackmannanshire CHP

045947c351eb2c9c8ef1e324b069500a.doc Page 2 of 4 5. Andrew Crawford, Enviromental Services 6. Les Sharp, Menstrie Community Council 7. Martin Connelly (off-sales),21 Birch Hill Road, Stirling 8. George Den-Kaat, Manager, The Old Brewery, 20 East Vennel, Alloa, 9. Representative of the Councils Education, Community & Cultural Services 10. Representative of the Councils Social Work Services 11. Representative of the Councils Youth Work Department 12. George McGuire, Clackmannan Community Council 13. Representative of the Licensed Trade Association 14. Representative of the Clackmannanshire Access Forum

4.0 CONCLUSIONS

4.1. In terms of the 2005 Act the Council must establish a Local Licensing Forum. Interest has been sought and individuals have indicated a willingness to become members. If membership is approved the Forum can be established.

5.0 FINANCIAL IMPLICATIONS

5.1. In terms of the 2005 Act the Council is responsible for providing accomodation for the meetings of the Forum and all necessary expenses in respect of the proceedings of the Forum.

5.2 Declarations

(1) The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

 Corporate Priorities (Key Themes) (Please tick )

Achieving Potential  Maximising Quality of Life  Securing Prosperity  Enhancing the Environment  Maintaining an Effective Organisation 

 Council Policies (Please detail)

 Community Plan (Themes) (Please tick )

Community Safety  Economic Development 

045947c351eb2c9c8ef1e324b069500a.doc Page 3 of 4 Environment and Sustainability  Health Improvement 

(2) In adopting the recommendations contained in this report,  the Council is acting within its legal powers. (Please tick )

(3) The full financial implications of the recommendations contained  in this report are set out in the report. This includes a reference to full life cycle costs where appropriate. (Please tick )

______Head of Service

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