THE LICENSING (SCOTLAND) BILL: AN ANALYSIS OF CONSULTATION RESPONSES
THIRTEEN: BOARD PROCEDURES
39. Do you agree that every premises applying for a licence should display a pro-forma A3 notice for 21 days?
13.1 Sixty-nine consultees commented on this. A range of respondent types clearly agreed, although a number of them also thought that there should still be the requirement to advertise in the local press, that the placement of the notice to ensure people could read it would be important, and that this notice should give some description of the nature of the operation. Three of the dissenters and two of those agreeing in principle with the proposal were concerned with the practical matter that most office printers only produce A4 outputs.
40. How can we make Board hearings less intimidating?
13.2 Sixty-one comments were provided on this topic, many from boards that were already taking steps to make the experience of hearing less intimidating for those appearing before them. It was observed that the new system of smaller board numbers and a reduced number of meetings that licences would have to attend might also help. It was recognised, across the range of consultees, that, as a serious, legal process, a board hearings had to balance appropriate solemnity with the need for some level of informality.
13.3 The main areas where it was thought there should be change were:
- the use of everyday language rather than legalese and formally addressing members as 'your honour';
- the provision of clear, accessible published guidance for those appearing, explaining the roles of those involved in meetings and how they operate;
- the responsibility of the chair (who might need to be trained) to establish a tone for the hearing and to control its progress;
- training for board members on how to conduct meetings;
- there should be an adhered-to running order;
- and the meeting should be seated and where possible in a smaller venue, in a boardroom style layout.
13.4 Less frequently offered suggestions, which nevertheless, may have some merit are: lawyers should not be gowned; discussion should be open and audible to all concerned; decisions should be taken openly and given immediately after each case; the time the applicant spent waiting while others' cases were being heard should be reduced; names should be clearly placed in front of members and officials; and water or other refreshments should be available.