Written Question · S4W-00525 · Session 4
What criteria local licensing boards have to consider before using the powers laid out under the Licensing (Scotland) Act 2005 to apply for…
The question
To ask the Scottish Executive what criteria local licensing boards have to consider before using the powers laid out under the Licensing (Scotland) Act 2005 to apply for restrictions based on age to licensing applications for off-trade sales.
The answer
In applying any condition to a premises licence at application or following a review, a licensing board must judge whether the steps are necessary for the promotion of the licensing objectives of preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children from harm.
A board cannot impose any condition which is inconsistent with any condition to which the premises licence is subject by virtue of section 27(1) of the Licensing (Scotland) Act 2005, or prescribed in regulations. A board cannot impose any condition which would have the effect of making any such condition more onerous or more restrictive, or which relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.
Statutory Guidance issued by the Government to which licensing boards must have regard also states that in applying other conditions a licensing board should do so in line with its licensing policy and the licensing objectives of the Act. It must also apply conditions fairly across the sector so as not to disadvantage one premises against another. This requirement does not however prevent a licensing board from seeking to tackle a problem particular to a certain premises.
A board cannot impose any condition which is inconsistent with any condition to which the premises licence is subject by virtue of section 27(1) of the Licensing (Scotland) Act 2005, or prescribed in regulations. A board cannot impose any condition which would have the effect of making any such condition more onerous or more restrictive, or which relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.
Statutory Guidance issued by the Government to which licensing boards must have regard also states that in applying other conditions a licensing board should do so in line with its licensing policy and the licensing objectives of the Act. It must also apply conditions fairly across the sector so as not to disadvantage one premises against another. This requirement does not however prevent a licensing board from seeking to tackle a problem particular to a certain premises.
In the Official Report
No contribution in the Official Report cites S4W-00525 by reference.