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Licensing (Scotland) Act 2005 - Functions of the Clackmannanshire Licensing Board

Licensing (Scotland) Act 2005 - Functions of the Clackmannanshire Licensing Board

A Licensing Board must comprise between 5 and 10 members. For information on membership please visit the Clackmannanshire Licensing Board meetings and membership page.

Board members hold office from election as a member of the Board until the following election of Board members. All members of Clackmannanshire Licensing Board have passed an accredited training course as required by the 2005 Act.

All meetings of the Licensing Board are held in public. Board agendas and minutes are published on the Clackmannanshire Licensing Board meetings and membership page.

Functions of the Licensing Board

• Publication of Statements of Policy
• Assessment of over provision
• Determine the following applications:
  • Premises licences and provisional premises licences
  • Variations of premises licences
  • Transfers
  • Premises licence reviews
  • Occasional licenses
  • Extended hours
  • Personal licences

The Board also has power to grant general extensions of licensed hours in connection with special events of local and national significance.

In carrying out its functions the Board must be mindful of the five licensing objectives:

1. preventing crime and disorder
2. securing public safety
3. preventing public nuisance
4. protecting and improving public health
5. protecting children from harm

The Board has published a Statement of Policy. The Policy Statement is valid for a period of three years commencing from 30th November, 2007. During the three-year period the Board can publish supplementary Statements of Policy. The Policy Statement seeks to promote the licensing objectives and sets out the Board's policy on a range of issues.

The Board welcomes comment on the content of the policy and its operation. In appropriate cases, the Board will carry out further consultation with a view to publishing a supplementary statement of policy should they deem this to be necessary.

Duty to Assess Overprovision

The Licensing Board must include in its Policy Statement a statement regarding the extent to which it considers there to be overprovision of licensed premises or licensed premises of a particular description in any locality within the Board's area.

The Board must determine localities. In considering whether there is overprovision, the Board must:

(a) consider the number and capacity of licensed premises in the locality
(b) consult with:

• the Chief Constable
• representatives of Premises Licence holders in the locality
• persons resident in the locality
• other persons as the Board thinks fit

The duty to assess overprovision will not come into force until 1st September 2009. The Board will be making arrangements to carry out its duties in respect of assessing overprovision and further information regarding the proposed consultation will appear on this part of the website.

Clackmannanshire Local Licensing Forum

In carrying out its functions, the Licensing Board must take into account any advice or recommendations from the Clackmannanshire Local Licensing Forum. If the Board decides not to follow this advice or recommendations, it must provide the Forum with reasons for its decision.

The Board must provide the Forum with copies of statistical information which it may require to carry out its functions.

Objections and Representations

Any person may:
(a) object to a Premises Licence application on a relevant ground based on a ground for refusal; and
(b) make representations to the Board

• in support of the application
• proposing modifications to the operating plan
• proposing conditions to be imposed

Grounds for Refusal

(a) The premises are excluded premises. Premises used as a garage are excluded premises. Garage premises are premises used for

• sale by retail of petrol or derv
• sale of motor vehicles
• maintenance of motor vehicles

Garage premises may not be excluded premises if residents of the locality where premises are situated are or may become reliant to a great extent on the premises as their main source of:

• petrol or derv
• groceries

(b) An application must be refused:

• if a Premises Licence application has been refused for the same premises within the previous year.
• if the grant of a licence would result in the premises being open for 24 hours continuously for sale of alcohol and there are no exceptional circumstances justifying sale of alcohol during such period.
• where off-sales hours outwith the period 10 a.m. to 10 p.m. are sought.
• granting the application would be inconsistent with one or more of the licensing objectives.

(c) The premises are unsuitable for the sale of alcohol:

• taking account of the nature of activities to be carried on on the premises
• the location, character and condition of the premises.
• the persons likely to frequent the premises

(d) The Board considers that grant of the application:

• would result in overprovision of licensed premises or premises of a particular description taking account of the number and capacity of licensed premises and licensed premises of the same or similar description in the locality.

Making an Objection

Any person may object. Anyone wishing to object or make representations must, not later than the date contained in the notice of application on the Board's website or in the notice of application posted by the applicant at the premises, lodge with the Clerk of the Board a written notice of objection or representation. The notice of objection must give the name and address of the party objecting or making representations. The person must be sure that the Board has received the objection/representation which may be lodged in the following ways:

• delivered by hand within the time specified or
• posted (by registered or recorded or special delivery post) so that in the normal course of posting it might be expected to be delivered within that time or
• faxed within that time and an acknowledgement of the fax is kept or
• e-mailed within the time and an acknowledgement of the email is kept.

List of Current Applications and Objection Form

Publication Scheme

Clackmannanshire Licensing Board has adopted the Model Publication Scheme 2013 produced by the Scottish Information Commissioner. The scheme has the Commissioner's approval until 31 May 2017.

For more information, please refer to our Freedom of Information page and the Licensing Board's Guide to Information.