Dear Convener, I should be obliged if the following information could be brought to the attention of the Committee:- Overprovision and the Public Health Objective In the view of the City of Glasgow Licensing Board, the Licensing (Scotland) Act 2005 has provided Licensing Boards with effective powers to consider issues relating to overprovision and the public health objective on an evidence led basis in relation to considering new applications for alcohol premises licences. There may, however, still be a perception amongst certain lobby groups or the wider public that Licensing Boards are not properly making use of the powers available to them or that they should be afforded wider discretion to refuse or revoke premises licences without the need to establish a causal link between the application. The Glasgow Licensing Board has successfully used the overprovision ground for refusal for a number of years, supported by a robust evidence led overprovision assessment which has been used to identify localities in the city where there is a rebuttable presumption against the grant of further premises licences. The approach of the Licensing Board to overprovision is set out within the current licensing policy statement and in the overprovision assessment which was the subject of extensive consultation last year. Copies are attached for information. https://www.glasgow.gov.uk/CHttpHandler.ashx?id=17578&p=0 The approach to overprovision and the identification of particular localities was led by an extensive piece of work carried out by a working group of the Local Licensing Forum, led by an officer from Greater Glasgow and Clyde Health and Social Care Partnership (GCCHSCP). A copy of their report can be found at the attached link. https://www.glasgow.gov.uk/councillorsandcommittees/submissiondocuments. asp?submissionid=86457 In addition to identifying overprovision localities, the Licensing Board was aware that there are a number of areas in Glasgow where there are very high levels of alcohol related health harm yet the number of licensed premises in the area may be very low or even zero, making use of overprovision as a ground for refusal very difficult. The Licensing Board has therefore developed a new policy approach to the use of public health data in relation to applications for off-sales licences. The policy position taken by the Board is to the effect that where the applicant premises are situated in an area which suffers from higher than national average levels of alcohol related health harm, and there is an intention to sell alcohol for consumption off the premises primarily directed to those living within the local community, for example as a local convenience store, the Licensing Board will carefully consider whether the grant of the application would be inconsistent with the licensing objective of protecting and improving public health. This more fully explained at part 9 of the Policy statement – this new approach has been welcomed by GCHSCP. Alcohol related public health information and research has also played an important part in continuing to have a well-controlled policy on licensed hours for premises across the city. One of the main successes in Glasgow in relation to making effective use of the public health objective is the creation of the dedicated post of a Health Improvement Lead for Alcohol Licensing within the GCCHSCP. The officer evaluates every application for a premises licence and major variation, determining on a case by case basis whether there is a sufficient evidential basis for submission of a representation or objection. This targeted approach has seen great success in relation to an increase in the number of applications which are refused in relation to the public health objective due to the provision of specific, targeted and evidence led information to the application as opposed to a scatter gun approach that all new applications are automatically contrary to the public health objective. The Health Improvement Lead also played an important part in the development of the new licensing policy statement, attending evidence sessions with the Board members as well as a number of community based engagement events. She is also involved in the work of the local licensing form and has a positive working relationship with other stakeholders and partners in the licensing process. This is a post which I am sure would be of benefit if resourced and developed in other local authority areas. Community Planning Partnerships While the Licensing Board has not developed any formal relationship with Community Planning Partnerships, enhancing community engagement and involvement in the development of the new licensing policy statement was at the heart of the extensive consultation process undertaken by the Licensing Board last year. Again, further information on the range of consultation activities undertaken by the Board can be found at part 2 of the policy statement. Myself and my team regularly attend community council meetings, development days and area partnerships in order to provide briefings and information on how to engage with the licensing application process, including providing guidance on how to submit representations and objections, explanation of the grounds of objection and guidance as to what type of information could be considered relevant. The Licensing Board would be keen to explore opportunities for the development of a national framework to create more formal links between CCPs and the Licensing Board. Licensing Standards Officers There ae currently 4 dedicated Licensing Standards Officers in Glasgow and this number has been maintained since their creation in or around 2007. However they are supported where appropriate by a range of other offices across the Council’s Neighbourhoods and Sustainability Service, including environmental health, noise officers and trading standards. They work closely with colleagues at Police Scotland and actively participate in various campaigns with licensed premises, in addition to their statutory duties in responding to licence applications, investigating complaints and mediating on disputes between licensed premises and local residents. I trust this information is of assistance to the Committee and I would be more than happy to expand on any of the points raised. With best wishes Mairi Millar Clerk City of Glasgow Licensing Board City of Glasgow Licensing Board Licensing (Scotland) Act 2005 Draft Overprovision Assessment and General Approach to the Consideration of Overprovision Consultation Document August 2018 1 The Duty to Assess Overprovision 1.1 Background - The Duty to Assess Overprovision Section 7 of the Licensing (Scotland) Act 2005 requires the Licensing Board to include in its Licensing Policy Statement “a statement as to the extent to which the Board considers there to be an overprovision of – (a) licensed premises, or (b) licensed premises of a particular description, in any locality within the Board’s area, and in doing so, the Board may determine that the whole of the Board’s area is a locality.” 1.2 How is Overprovision to be Determined? In determining if there is overprovision, the Licensing Board must have regard to the number and capacity of licensed premises in the locality and may have regard to such other matters as the Board thinks fit, including in particular the licensed hours of licensed premises in the locality. For the purposes of overprovision, “licensed premises” does not include members clubs or premises operating under an occasional licence. The assessment of overprovision must also seek to promote the five Licensing Objectives. These are: • preventing crime and disorder; • securing public safety; • preventing public nuisance; • protecting and improving public health; and • protecting children and young persons from harm. 1.3 Consultation Requirements In assessing overprovision as part of the Licensing Policy Statement, the Licensing Board must consult with the Chief Constable, the relevant health board and such other persons as appear to the Board to be representatives of the interests of • holders of premises licences in respect of premises within the locality; • persons resident in the locality, and • such other persons as the Board thinks fit. 2 1.4 Guidance on Carrying out the Overprovision Assessment In its Guidance to Licensing Boards and Local Authorities on the Licensing (Scotland) Act 2005, the Scottish Government set out guidance as to how Licensing Boards should carry out the assessment on overprovision (“the Overprovision Guidance”). This Overprovision Assessment has been developed and prepared in accordance with that Overprovision Guidance. The Licensing Board has also had regard to a number of other additional recommendations issued in a draft document produced by the Scottish Government, which it has considered as matters of good practice, but acknowledges that this has not yet been adopted as formal statutory guidance. 1.5 Purpose of an Overprovision Assessment In terms of the Overprovision Guidance, the requirement to produce an Overprovision Assessment is designed to provide potential entrants to the market with a clear signal that they may incur abortive costs if they intend to apply for a licence in a locality which the Licensing Board has declared to have reached overprovision. It is also designed to improve public and trade confidence in the licensing system by setting out clearly the grounds on which overprovision should be determined. Such an assessment should also recognise that halting the growth