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Licensing Forum Head of Legal & Democratic Our Ref: Your Ref: Contact: Andrew Rose Tel: 01698 302287 Fax: E-Mail: [email protected] Date: 5 Jun 2019 Chief Executive’s Office Members of the Archie Aitken Local Licensing Forum Head of Legal & Democratic Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Meeting of the LOCAL LICENSING FORUM is to be held within the Committee Room 4, Civic Centre, Motherwell on Thursday, 13 June 2019 at 2:00 pm which you are requested to attend. The agenda of business is attached. Head of Legal and Democratic Solutions Members : P Downie, W Fachie, J King, W Lees, A McVey, A Myles, A Sarwar and I Sharkey; Representative of Police Scotland; Licensing Standards Officers Page 1 of 63 Page 2 of 63 AGENDA (1) Appointments (a) Appointment of Chair Receive nominations for the position of Chair of the Local Licensing Forum for 2019/20 (b) Appointment of New Members (page 5 - 6) Submit details of current appointed members of the Forum together with information regarding potential for increased membership and recommending that only one new appointment be made from the area of Young People (copy herewith) (2) Minute of Meeting (page 7 - 8) Submit minute of Meeting of the Forum held on 7 March 2019 (copy herewith) (3) Review of Licensing Board Annual Functions Report (page 9 - 40) Submit report by Alcohol Focus Scotland which reviews the Annual Functions Reports of the various Licensing Boards in Scotland (copy herewith) (4) North Lanarkshire Licensing Board: Licensing (Scotland) Act 2005 (page 41 - 64) Submit report by the Head of Legal and Democratic Solutions presenting the statistics of the Licensing Board in relation to the discharge of one of its duties in terms of the Licensing (Scotland) Act 2005. (copy herewith) (5) Licensing Standards Officer - Oral Update (6) Police Scotland - Oral Update Page 3 of 63 Page 4 of 63 AGENDA ITEM 1B Local Licensing Forum Membership Membership shall be not less than 5 and not more than 20 Membership shall include:- • At least one Licensing Standards Officer • Holders of premises licenses or personal licenses • Police Scotland • Persons having functions relating to Health, Education or Social Work • Young People • Persons resident within the Forum’s area Name Membership Status 1 J Birch Licensing Standards Officer 2 C Brannigan Licensing Standards Officer 3 P Downie Representative of Licensed Social Clubs 4 W Fachie Licence Holder 5 J King Resident (representative of Community Councils in Cumbernauld) 6 W Lees (Chair) Resident (Local Area Forum) 7 A McVey Resident (local councillor) 8 A Myles Resident (Local Area Forum in Wishaw, Newmains, Shotts and Harthill area) 9 Sergeant G Rankin (or representative) Police Scotland 10 A Sarwar License Holder 11 I Sharkey (or representative) Health, Education or Social Work Accordingly, there remain 9 positions which could be filled. The appointment is required to be made by North Lanarkshire Council (as per Schedule 2 of the Licensing (Scotland) Act 2005. Page 5 of 63 Page 6 of 63 AGENDA ITEM 2 NORTH LANARKSHIRE LOCAL LICENSING FORUM – 7 March 2019 Motherwell, 7 March 2019 at 2 pm. A Meeting of the NORTH LANARKSHIRE LOCAL LICENSING FORUM PRESENT P. Downie, W. Fachie, J. King, W. Lees, A. McVey, B. Norton, J. Hunter, S. Brown and C. Birch. CHAIR W. Lees (Chair) presided. IN ATTENDANCE A. Rose, Legal and Democratic Solutions, North Lanarkshire Council. APOLOGIES A. Myles, A. Sarwar and I. Sharkey. NORTH LANARKSHIRE LOCAL LICENSING FORUM - MINUTE 1. There was submitted the Minute of the meeting of North Lanarkshire Local Licensing Forum held on 12 September 2018 and the Minute of the inquorate meeting held on 6 December 2018. Decided: that the Minute of the meeting of the Forum held on 12 September 2018 be approved as an accurate record and the Minute of the inquorate meeting held on 6 December 2018 be noted. Arising out of consideration of the Minute of the previous meetings, the Forum considered the requirement to attract new members to be appointed to the Forum, particularly in light of the meeting held in December 2018 not attracting enough attendance to enable a quorum to be present. Thought was given to the specific areas and sectors from which individuals could be sought to be appointed to the Forum and it was agreed that a cross-section of individuals was desirable in terms of membership of the Forum. J. Hunter, Police Scotland, confirmed that an opportunity may exist within his organisation for the recruitment of a youth representative and that he would endeavour to progress this. Thereafter, the Forum discussed the issue of "dial a drink" and the problems and concerns associated with such activities. NORTH LANARKSHIRE LICENSING BOARD: LICENSING (SCOTLAND) ACT 2005 2. There was submitted a report by the Head of Legal and Democratic Solutions, North Lanarkshire Council (1) presenting statistics of the Licensing Board in discharge of one of its duties in terms of the Licensing (Scotland) Act 2005; (2) detailing the background relative thereto, and (3) outlining the disposal of applications for premises licences by Council ward areas together with statistical information on the number of licences in force at the present time. Decided: that the contents of the report be noted. Page 7 of1 63 NORTH LANARKSHIRE LOCAL LICENSING FORUM – 7 March 2019 LICENSING STANDARDS OFFICER - UPDATE 3. The Licensing Standards Officer provided an update on activity in relation to local licensing matters including (1) the reduction in issues related to minimum pricing; (2) issues arising of alcohol on display within outlets which were outwith the layout plan for the establishment; (3) an update on complaints received by the officers, and (4) the upcoming deadline for renewal of licences and the apparent lack of awareness by current licence holders that their licence may be removed if they have not applied for them by 31 May 2019. Decided: that the position be noted. POLICE SCOTLAND - ORAL UPDATE 4. The representatives of Police Scotland provided an update on activity including (1) advising that Sergeant Graham Rankin had now replaced Elaine Thompson as the Licensing Officer; (2) an update on Pub Watch during which the Forum was recommended to advise licensees to attend Pub Watch meetings, and (3) an update on Best Bar None and in particular, that eight new premises within Cumbernauld had become involved for the first time. Decided: that the position be noted. JOINT MEETING WITH THE LICENSING BOARD 5. Consideration was given as to whether a joint meeting with the Licensing Board should be arranged and, if so, what items should be placed on the agenda for consideration. The Forum agreed that, in reference to paragraph 1 above, it would be better if membership of the Forum was dealt with initially to allow full consideration by the whole Licensing Forum as to what items were of importance to be discussed in a joint meeting with the Licensing Board. Decided: that consideration of this matter be continued. MEETING DATES 2019 6. There were submitted proposed meeting dates for the Forum for 2019 namely, 13 June, 12 September and 12 December, all at 2 pm. Decided: that the meeting dates for the Local Licensing Forum for 2019 be noted. Page2 8 of 63 AGENDA ITEM 3 Review of Licensing Board Annual Functions Reports 2017-2018 March 2019 Page 9 of 63 Page 10 of 63 Review of Licensing Board Annual Functions Reports 2017-2018 1 Contents Executive summary 2 Compliance with statutory requirements 2 Adopting recommended good practice 3 Recommendations 4 Introduction 5 Background 6 History of Annual Functions Reports 6 Content of Annual Functions Reports 7 Review of Annual Functions Reports 12 Overview 12 Discussion of key findings 13 Implementing policy 14 Decision making 16 Licensing data 17 Adopting recommended good practice 18 Training and development 19 Additional information 20 Presentation and readability 21 Conclusion 23 Recommendations 25 Appendix 1: Examples of licensing data found in Annual Functions Reports 2017-18 26 Page 11 of 63 2 Review of Licensing Board Annual Functions Reports 2017-2018 Executive summary The Air Weapons and Licensing (Scotland) Act 2015 created a new duty on licensing boards to produce an annual functions report, introduced in response to concerns about the lack of transparency and accountability in the licensing system. The legislation specifies a number of matters on which boards should report, principally relating to the application of their policies and publication of local data. The first reports were required to be published a further 10 provide some information in this by licensing boards for the 2017-18 financial year. regard, but the information given is minimal or Alcohol Focus Scotland (AFS) has conducted had to be teased out of the report. a review of the published reports in order to assess the extent to which they met statutory • All 24 of the reports include a statement requirements, and also served to fulfil their explaining how the board paid regard to their intended purpose of increasing transparency licensing policy statement. While the majority in the licensing process and supporting local provide some information to demonstrate how communities to see how licensing boards policies had been operationalised in practice, conduct their business. The reports were reviewed or relevant information could be drawn out of against criteria developed from both statutory the report even if it had not been made explicit, requirements and recommended good practice, only five reports provide meaningful examples and this exercise has enabled AFS to identify in this regard. whether any learning can be fed back to relevant stakeholders and good practice shared. • All 24 of the reports include a summary of the decisions made by (or on behalf of) the board The review found that: during the financial year; 20 of them provide full details of decisions made while 4 provide Compliance with statutory requirements partial information.
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