Published on:
10
June 2011
Clackmannanshire Licensing Board wishes to clarify the decision on the application for an occasional licence for the Shamrock Fundraising Concert/Band Night for the St Mungo's Shamrock Celtic Supporters Club.
Clackmannanshire Licensing Board is a separate legal body from Clackmannanshire Council and is responsible for carrying out alcohol licensing functions. Clackmannanshire Licensing Board is made up of nine elected members, who are also councillors of Clackmannanshire Council.
One of the Board's functions is making decisions on occasional licence applications. An occasional licence is required if organisers want alcohol be available at an event on premises which do not have an alcohol licence. The purpose of the application is not to seek permission to hold an event but to seek an authorisation to supply alcohol.
The Chief Constable has power to recommend that an occasional licence application be refused if he or she thinks that granting the licence might cause crime and disorder.
The Board publishes occasional licence applications on our Licensing Lists page and anyone can lodge an application or representation within seven days of publication. The Board did not receive any objections or representations about this application.
The Board can only refuse an occasional licence application if one of the statutory grounds of refusal apply. Otherwise it must grant the application. The only ground of refusal which was relevant to this particular application and which the Board considered was whether the granting of the application would be inconsistent with one or more of the licensing objectives.
The licensing objectives are:
(a) preventing crime and disorder
(b) securing public safety
(c) preventing public nuisance
(d) protecting and improving public health
(e) protecting children from harm.
The applicant in this case provided the following information:
1. There will be no glass bottles or glass wear. Polycarbonate glasses and bottles to be used
2. No children or young persons will be allowed to attend the event
3. Two personal licence holders will be in attendance. (Personal licence holders require to undergo approved training and are authorised to sell alcohol)
4. Eight fully licensed SIA stewards will be on duty. The applicant has applied for a non-front line licence which will enable her to supervise the licensed door stewards if employed by her
5. A dispersal policy will be in operation
6. Alcohol sales will cease at 12.15 - 3/4 an hour before event ends
7. Welcome any further advice/assistance from the police or LSO
The Chief Constable requested that certain conditions be imposed. These relate to stewarding, use of polycarbonate bottles/glass wear, prohibition of consumption of alcohol outside the venue, only trained staff to sell alcohol and the presence of a personal licence holder at all times during the event. The Chief Constable did not recommend that the application be refused.
The Licensing Standards Officer (LSO) reported that the application, if granted, would comply with the licensing objectives and he had no concerns from a licensing point of view. The role of the LSO is simply to report to the Board and it is a matter for the Board to decide what weight to give to that report. The LSO has no decision making powers in the matter which lie exclusively with the Board. The Board only makes decisions after rigorous scrutiny of the application and any comments and reports from the police and the LSO. Members also have an opportunity to ask questions of the Chief Constable's representative and the LSO and query the contents of their reports and their conclusions. The Board, having heard from the applicant, the Chief Constable's representative and the LSO, was satisfied that the LSO's comments are a reasonable and accurate assessment and therefore granted the application.
The Board's legal advisors reported that no offences would be committed under the Terrorism Acts 2000 & 2006. At the Board meeting, the Chief Constable's representative indicated that it was not considered that that any offences would be committed by the performance of these songs at a public concert.
The Board concluded that no ground for refusal of the application applied and that accordingly it must grant the application to permit the sale of alcohol at the concert.
The Board's decision was made in accordance with the requirements of the Licensing (Scotland) Act 2005 and solely for the purposes of authorising sale of alcohol at the concert. The Board has no remit to grant or deny permission for the holding of the concert which is an entirely separate matter. The decision was made for alcohol licensing purposes only and should in no way be regarded as an approval by the Board of the event itself, the bands performing at it or the songs which may be performed.
Clackmannanshire Council, which lets Alloa Town Hall and other venues for events, examined the letting agreement and concluded there were no grounds to cancel the letting. The Council is now reviewing the lettings policy to make clear what type of events are considered unsuitable.