Liquor Licensing in Scotland, 1998-2002

Listen

LIQUOR LICENSING IN SCOTLAND, 1998-2002

Reasons for refusal of applications for liquor licences in Scotland by licence type2002 (1)

Table 7

Reasons for refusal

Number of Refusals

On-Sale (2)

Off-Sale

Total

A only

1

6

7

B only

5

8

13

D only

8

24

32

B and D

1

3

4

All Reasons

15

46

61

(1) There were no other combinations of reasons reported in 2002.
(2) Reasons (as specified in section 17 of the Licensing (Scotland) Act 1976):
A - Unfit person
B - Unfit premises
C - Public nuisance
D - Over provision
Listed in full at Annex note 9.6.

Registered clubs in Scotland at 31 December 2002, by Sheriff Court

Table 8

Sheriff Court

Number

Aberdeen

119

Airdrie

71

Alloa

33

Arbroath

37

Ayr

96

Banff

18

Cupar

54

Dingwall

20

Dornoch

6

Dumbarton

91

Dumfries

58

Dundee

70

Dunfermline

59

Dunoon

19

Duns (1)

-

Edinburgh

306

Elgin

51

Falkirk

68

Forfar

30

Fort William (4)

-

Glasgow

253

Greenock

46

Haddington

59

Hamilton

137

Inverness

46

Jedburgh

56

Kilmarnock

105

Kirkcaldy

69

Kirkcudbright

22

Kirkwall

11

Lanark

35

Lerwick

19

Linlithgow

73

Paisley

132

Peebles

13

Perth

106

Peterhead

25

Portree (4)

-

Rothesay (3)

-

Selkirk

40

Stirling

10

Stonehaven

24

Stornoway (4)

-

Stranraer

20

Tain (2)

-

Wick

19

TOTAL

2,526

(1) Registrations for Duns are dealt with by Jedburgh Sheriff Court and are included in the figure for Jedburgh.
(2) Figure included with Dingwall.
(3) Figure included with Dunoon.
(4) Figure included with Inverness.

Registered clubs and on-sale premises in Scotland at 31 December 2002, by approximate council area

Table 9

Approximate Council Area

Number of registered clubs in area

Number per 10,000population aged 18 and over (8)

Total number of on-salelicences of all types

Registered clubs aspercentage of total on-sale

Number with regularextensions

Percentage with regularextensions (9)

Aberdeen (1)

186

5

1,031

18

140

75

Angus

67

8

314

21

58

87

Argyll & Bute

19

3

461

4

48

253

Ayrshire (2)

201

7

973

21

172

86

Clackmannanshire

33

9

90

37

37

112

Dumfries & Galloway

100

9

605

17

78

78

Dundee City

70

6

355

20

-

-

East Lothian

59

9

210

28

65

110

Edinburgh (3)

306

7

1,733

18

201

66

Eilean Siar (4)

-

-

59

-

6

-

Falkirk

68

6

287

24

56

82

Fife

182

7

826

22

165

91

Glasgow (5)

344

6

1,689

20

216

63

Highland

91

6

1,064

9

70

77

Inverclyde

46

7

151

30

46

100

Lanarkshire (6)

243

5

986

25

169

70

Moray

51

8

285

18

39

76

Orkney Islands

11

7

77

14

10

91

Perth & Kinross

106

10

577

18

66

62

Renfrewshire (7)

132

7

467

28

107

81

Scottish Borders

109

13

411

27

89

82

Shetland Islands

19

11

115

17

16

84

Stirling

10

1

295

3

45

450

West Lothian

73

6

275

27

66

90

Scotland

2,526

6

13,336

19

1,965

78

(1) Aberdeen City and Aberdeenshire (Aberdeen, Banff, Stonehaven and Peterhead Sheriff Courts).
(2) North, South and East Ayrshire (Kilmarnock and Ayr Sheriff Courts).
(3) City of Edinburgh and Midlothian (Edinburgh Sheriff Court).
(4) Figure for clubs registered at Portree Sheriff Court (Eilean Siar) included within the figure for Inverness Sheriff Court (Highland).
(5) Glasgow City and East and West Dunbartonshire (Glasgow and Dumbarton Sheriff Courts).
(6) North and South Lanarkshire (Airdrie, Hamilton and Lanark Sheriff Courts).
(7) Includes East Renfrewshire (Paisley Sheriff Court).
(8) Based on the estimated population aged 18 and over, as at 30 June of the particular year. See Annex note 9.1.
(9) Percentage may exceed 100 due to some clubs being registered at a Sheriff Court outwith the council area.

Liquor licensing law offences recorded by the police in Scotland, by type of offence,1980 and 1998-2001

Table 10

Type of offence

1980

1998

1999

2000

2001

Sale of drink to person under 18

283

237

195

179

292

Purchasing excisable liquor for consumption by person under 18

144

215

144

161

209

Person under 18 buying excisable liquor or consuming in bar

666

80

99

72

96

Confiscation of alcohol from person under 18

-

77

13

4

5

Sports ground offences (possessing alcohol etc)

-

68

75

91

106

Consuming outwith permitted hours

85

49

43

49

82

Licenced persons, other offences

-

41

50

25

36

Licensed person, employee or agent drunk in licensed premises

15

33

32

37

24

Alcohol offences, travelling to and from sporting events

-

16

29

36

8

Other offences

139

552

128

38

47

Total licensing law offences

1,332

1,368

808

692

905

"-" = statutory offence not in force or offence not separately identified within the SEJD classification of crimes and offences.

Persons with a charge proved for liquor licensing law offences (1) in Scotland, by type of sentence, 1980 and 1998-2001

Table 11

Type of sentence

1980

1998

1999

2000

2001

Number

Custody or community sentence

6

3

1

2

1

Monetary penalty

647

181

108

86

86

Other

223

42

19

11

13

Total convictions

876

226

128

99

100

Percentage

Custody or community sentence

1

1

1

2

1

Monetary penalty

74

80

84

87

86

Other

25

19

15

11

13

(1) Where main offence is a liquor licensing law offence.

ANNEX
9. Notes on statistics used in this bulletin

9.1 This bulletin presents statistics on liquor licences in force in Scotland and on regular extensions to permitted hours granted, as recorded by local authority licensing boards. Statistics on the number of registered clubs are also included; these have been provided by Sheriff Courts since 1997. Since the last bulletin in this series was published, the General Register Office for Scotland (GROS) has revised its mid-year population estimates for 1982-2000. The estimates for these years have been revised to be in line with the mid-2001 population estimates published on 30 September 2002, which were based on the results of the 2001 Census. The figures included in this bulletin on numbers of liquor licences per 10,000 resident population aged 18 and over use the revised GROS mid-year population estimates and may therefore differ marginally from those published previously. The rates calculated for 2002 use the mid-2001 population estimates as the mid-year population estimates for 2002 are not yet available. (Bulletins published prior to 2001 used total population estimates, also prepared by GROS).

9.2 From 1998, the statistics relate to licences fully in force and exclude provisional licences.

9.3 The central collection of licensing statistics, previously discontinued in 1982, was resumed in 1991 to assist monitoring of the effect of Part III of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. The main reforms included the introduction of the children's certificate, which permits children under 14 to accompany adults for a meal in a public house or hotel within an environment that the licensing board considers suitable for children. Boards have also been able from 1 January 1991 to grant extensions of permitted hours for public houses on Sundays to cover the afternoon period between 2:30pm and 6:30pm and the late evening after 11pm. The 1990 Act applied a tighter control however on the granting of late night extensions, requiring applicants to demonstrate that there is both a demand for the extension in their area and that the extension will not be of detriment to the community. The collection of statistics on children's certificates was discontinued following a review of licensing statistics in 1997.

9.4 The Licensing (Amendment) (Scotland) Act 1996 introduced powers for licensing boards to impose conditions on licences for premises where certain events are likely to take place (particularly dance events). The conditions, which came into force in October 1996, are specifically for the purpose of safeguarding the health and safety of those attending the relevant event. This measure does not impact on the statistics in this bulletin.

9.5 There are various types of licence available, which authorise the holder to sell alcohol under different conditions. The definitions for these are set out fully in Schedule I to the Licensing (Scotland) Act 1976. In summary they are:

a public house licence, authorising the licence holder to sell alcohol for consumption on or off the premises.

an off-sale licence, authorising the holder to sell alcohol for consumption off the premises only.

a hotel licence, authorising the holder to sell alcohol in a hotel for consumption on or off the premises.

a restricted hotel licence, allowing the holder to:-

(i) sell alcohol to people taking a table meal there for consumption with the meal;
(ii) sell alcohol to people residing there, for consumption on the premises by them or friends entertained at their expense.

The premises cannot have a bar counter.

a restaurant licence, for premises normally used for serving meals where there is no bar counter and drink is served only with the food.

a refreshment licence, allowing cafe-style premises to serve alcoholic drinks with food, and to admit children under 14 until 8pm, provided they are accompanied by a person of 18 or over.

an entertainment licence, intended mainly for places like cinemas, theatres and dance halls

and restricting the sale of alcohol to patrons. The sale or supply of alcohol should be ancillary to the entertainment provided.

9.6 Grounds for refusal of an application for a liquor licence under section 17 of the Licensing (Scotland) Act 1976 are as follows:

(a) that the applicant, or the person on whose behalf or for whose benefit the applicant will manage the premises or, in the case of an application to which section 11 of this Act applies, the applicant or agent named in the application is not a fit and proper person to be the holder of the licence;

(b) that the premises to which the application relates are not suitable or convenient for the sale of alcoholic liquor, having regard to their location, their character and condition, and the person likely to resort to the premises;

(c) that the use of the premises for the sale of alcoholic liquor is likely to cause undue public nuisance, or a threat to public order or safety;

(d) that, having regard to

(i) the number of licensed premises in the locality at the time the application is considered; and
(ii) the number of premises in respect of which the provisional grant of a new licence is in force, the board is satisfied that the grant of the application would result in the over provision of licensed premises in the locality.

An application may be refused on one or more of the grounds listed above.

9.7 The following symbols are used throughout the tables in this bulletin:

- Nil

* Less than 0.5

n/a Not available

9.8 The percentage figures given in tables and charts have been independently rounded, so they may not always sum to the relevant sub-totals or totals.

Page updated: Thursday, May 18, 2006