LOCAL LICENSING FORUMS

1
LOCAL LICENSING FORUMS

• Background Nicholson Committee Daniels
  Committee recommendations
• The Act Role Remit

2
Nicholson Committee

• Persons with an interest in the operation of
  licensed premises have a perfectly valid interest
  in the operation of the licensing system. That
  should be recognised in an appropriate way.
• All licensing boards should be under a statutory
  duty to develop statements of the general policy.
  Local forums could have a useful, and indeed
  democratic, role to play in ensuring that any
  board policies are based on an appreciation of
  the concerns of the wider community.

3
Nicholson

• Forums should be established by legislation and
  boards should be under a duty to meet their local
  forum on a prescribed number of occasions.
• Boards should be under a statutory duty to have
  regard to any views advanced by the local
  licensing forum when determining their licensing
  policy, and should be under a duty to offer a
  public statement of reasons in the event that
  they decide not to accept any views expressed by
  the licensing forum.
• It would not, however, be appropriate, in our
  view, that local licensing forums should be
  entitled to offer views in relation to particular
  applications which are currently being considered
  by a board.

4
Nicholson

• The membership of local licensing forums should
  include representatives from the police the
  licensed trade the Law Society of Scotland the
  health service education social work and
  residents' groups or associations.
• It may also be appropriate to include
  representatives from the churches, from ethnic
  minority groups, and from youth groups.

5
Nicholson

• Recommendation
• There should be statutory licensing forums
  consisting of members drawn from a variety of
  backgrounds with an interest in the licensing
  system
• The function of such forums should be to keep the
  licensing system in the area in question under
  regular review, to meet the local licensing board
  at least once each year, and to advise boards in
  relation to any matters of concern other than
  individual current licensing applications
• Boards should be under a duty, when formulating
  its policy, to have regard to any advice given,
  or views made known, by the forum where a board
  decides not to accept such advice or views, it
  should be under a duty to give its reasons for
  doing so.

6
Daniels Committee

• Endorsed the Nicholson Report's recommendations
  for membership of forums and their role.
• Forums need to be separately identifiable bodies
  to ensure that they act as an independent check
  within the system. Forums should be independent
  of boards. However, this would not change the
  position recommended in the Nicholson Report and,
  indeed, boards should be under an obligation to
  meet with forums and to take their views into
  account.
• Recommendation
• The proposed local licensing forums should be
  independent of the licensing boards.

7
The Licensing (Scotland) Act 2005

• S.10 Local Licensing Forums
• S.11General functions of Forums
• S.12 Licensing Boards duties in relation to
  Forums
• Schedule 2 Membership, meetings, proceedings
  etc.

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S.10 Local Licensing Forums

• Every council must establish a local licensing
  forum
• Where council is divided into licensing divisions
  then there can be a forum for each division
• Board must have at least one joint meeting every
  calendar year with their forum

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S.11 General functions

• To keep under review -
• (a) the operation of the Act in the Forums
  area and
• (b) in particular, the exercise by the relevant
  Board or Boards of their functions, and
• (c) giving such advice and making such
  recommendations to that or any of those boards in
  relation to those matters as the Forum considers
  appropriate
• S.11(2) provides that Forums do not have a role
  in relation to reviewing or giving advice, or
  making recommendations in particular cases

10
S.12 Boards duties

• Boards must have regard to their Forums advice
  and/or recommendations
• Where a Board decides not to follow such advice
  or recommendations, they must give the Forum the
  reasons for their decision
• At the request of the Forum, the Board must
  provide the Forum with copies of such relevant
  statistical material as the Forum may reasonably
  require (that is material gained in the
  development of Policy Statements)

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Schedule 2

• Membership no fewer than 5 and not more than 20
  (This can be amended by Ministers)
• At least one member must be the LSO (does not
  apply till 1 September 2009). Other members
  appointed by the council
• Consistent with the recommendations from
  Nicholson, councils should seek to ensure there
  is representation from groups interests
  including -
• Holders of premises licences personal licences
• The chief constable for the area
• Persons having functions in relation to health,
  education or social work
• Young persons
• Persons resident within the Forums area

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• Convenor
• At their 1st meeting in each calendar year, the
  Forum must elect one of their members to be
  convenor of the Forum who will act as chair
• The Convenor holds office on such terms
  conditions as the relevant council determines
  until the next election of the convenor
• If the Convenor is absent or the position is
  vacant then Forum meeting can be chaired by one
  of the members

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• Admin support
• Councils must provide forums with such staff,
  property and services as the council thinks is
  required
• Meetings proceedings
• Forums must hold at least 4 meetings per calendar
  year (from 2008)
• Meetings to be held in public
• Otherwise any other arrangements with regard to
  meetings are a matter for the forum to determine
• Proceedings are not affected by any vacancy in
  the membership or any defect in appointments of
  any member

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Conclusion

• Proposals are consistent with the recommendations
  from both the Nicholson Daniels Committee
• Whilst the Act sets the minimum requirement for
  representation on the forums, this doesnt
  prevent councils from appointing representation
  from other groups and interests such as for
  example faith groups
• Flexibility built into system to allow for
  adjustment to size of forums if circumstances
  deem this necessary