Overprovision Assessment under Licensing (Scotland) Act 2005

Friday, October 6, 2017 to Friday, December 29, 2017

The Licensing Board Meeting of the 14th December 2017 has required to be cancelled.  Therefore, responses to the consultation will be accepted up to and including the 29th December 2017.


1.    BACKGROUND

1.1    Section 7 of the 2005 Act requires every Licensing Board to consider to what extent (if any) there is overprovision of licensed premises (either generally or of a particular description) in any locality within their area.  This is referred to as “the overprovision assessment” and is to be included in the Board’s Statement of Licensing Policy.  The Board must also ensure that its Statement of Licensing Policy seeks to promote the five licensing objectives outlined in Section 4 of the 2005 Act, namely:-

•    prevention of crime and disorder
•    securing public safety
•    preventing public nuisance
•    protecting and improving public health
•    protecting children and young persons from harm

1.2    The effect of a Board’s Overprovision Assessment is only to create a “rebuttable presumption” against the grant of an application for a premises licence, provisional premises licence, or, potentially, an application for variation of a premises licence in terms of the grounds for refusal set out in the 2015 Act, but each application still requires to be considered on its individual merits and the Licensing Board reserves its position to either grant or refuse applications.

1.3    The Dundee City ADP made a detailed presentation to the Board at its meeting on 29th June, 2017.  This was presented to the Board along with Report 241-2017.  The ADP Report contained a table showing a summary of its principal statistical findings relating to alcohol related health harm and alcohol related crime in the Board's area.

Downloads

Report 241-2017
Public Consultation Questionnaire

2.    OPTIONS

2.1    Taking into account the contents of Report 241-2017 and the material contained in the ADP Report, the Board is satisfied that there is, in principle, overprovision of off-sales and public house-type premises in Dundee.  The Board has determined that the whole of its area should be the locality for this purpose.  The Board had regard also to the number of licensed premises in that area at that time.  There are 450 alcohol premises, of which 128 are off-sales, 164 on-sales and 158 which are both on and off-sales.  The Board did not consider that premises which principally serve food with alcohol or hotel bars were particularly likely to undermine the licensing objectives.  The Board did not feel, given the limited geographic area of the City of Dundee, that it made sense to look at smaller localities than the whole of the Board area.

2.2    In terms of Section 7 of the 2005 Act (as set out in paragraph 1.1 above), the proposal in paragraph 2.1 above is only one of a number of options open to it.  For instance, the Board could determine that a different locality or localities should apply or it may decide that other or additional types of licences should be covered, e.g. hotels, restaurants, night clubs, etc.  

 
2.3    The Board would like to hear from you with your views on whether there is overprovision of licensed premises in Dundee. A questionnaire is provided below to enable you to respond. This should be returned to me at the address below or by e-mail to licensing.board@dundeecity.gov.uk by no later than Friday, 24th November, 2017.

ROGER MENNIE
CLERK TO THE LICENSING BOARD
21 CITY SQUARE
DUNDEE
DD1 3BY