Scottish Government

links to responses are below

Premises Licence Regulations response 160002

Premises Licence Regulations response 160003

Premises Licence Regulations response 160004

Premises Licence Regulations response 160007

Premises Licence Regulations response 160008

Premises Licence Regulations response 160009

Premises Licence Regulations response 160012

CONSULTATION ON THE GAMBLING ACT 2005 (PREMISES LICENCES AND PROVISIONAL STATEMENTS) (SCOTLAND) REGULATIONS 2007

Analysis of Consultation Responses and Scottish Executive Response

Introduction

1. The Gambling Act 2005 gives Scottish Ministers powers to make regulations to prescribe the form and content of premises licences; the form and manner of premises licence applications; and other matters relating to applications under Part 8 of the Act. The Executive shares the UK Government's view that it is essential for the achievement of the Gambling Act's licensing objectives that the gambling industry retains its reputation for both quality and integrity, and that this in turn is dependent on the maintenance and development of an effective licensing system. The regulations are intended to ensure that there is a fair application process for all parties in accordance with the Gambling Act objectives and that the regulation is proportionate to the risks.

2. The regulations set out the process which applicants must follow when applying for licences, including the information to be supplied and process for giving notice to the public and responsible authorities. The process requires licensing authorities to issue licences in a certain form, and provides a standard method for granting or refusing a licence. The regulations govern the form that a premises licence must take and what must be displayed. The proposals have been formulated with the objective of putting in place a user-friendly system that imposes low compliance costs on the industry, while ensuring that communities benefit from a sound system of licensing.

Consultation Exercise

3. The policy proposals underlying this statutory instrument issued for consultation on 1 December 2006 to 200 interested parties including local authorities, Licensing Boards, the police, those involved in the provision of gambling, their trade associations, legal interests, club associations, faith groups and gambling help/charity groups. The consultation paper was also posted on the Scottish Executive's consultation website and copies were placed in SPICe. The Executive received 12 responses as at the closing date of 2 February 2007, which can be categorised as follows:

Faith groups 1

Gambling operators/trade associations 5

Police associations 1

Leisure interests 1

Licensing Boards 3

Individuals 1

4. The Annex to this paper lists the 7 respondents that were content for their responses to be made public and the individual responses can be viewed on the Executive's website. Copies of the responses will be available to the public in hard copy at the Scottish Executive Library, K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD (0131 244 4565).

5. The Executive is grateful to those bodies and individuals that responded to this consultation exercise. The main issues raised by respondents followed by the Executive's response (in bold) are set out below.

Main Issues Raised

6. Of the 12 responses received, 8 respondents were generally content with the proposed single application form (with a separate one for vessels) though some raised points of detail. There was also general agreement that there should be a separate application form for applicants entitled to 'grandfather rights' and that all forms should be centrally prescribed. A couple of respondents hoped there would be consistency of approach across Britain.

The Executive has therefore prescribed forms in the regulations in line with the DCMS versions. The forms include sections for contact details, declarations, checklists and gambling default hours. There are separate forms for vessels and for existing operators - the latter makes provision for the 'fast-track' procedure which (along with grandfather rights and continuation rights) will apply in Scotland on the same basis as in England.

7. The proposed requirement to provide a scaled plan along with premises licence applications drew mixed responses on whether a precise scale should be prescribed and on the plan's content. A couple of respondents expressed the view that a minimum of 2 plans should be provided by applicants and one respondent raised possible copyright complications if a sufficient number of copies were not provided.

In line with the DCMS position, the Scottish regulations will require an application for a premises licence to be accompanied by 1 copy of a scale plan of the premises. The plan will include access and entry points, and relevant details of gambling facilities but the actual scale of the plan will not be prescribed. The plan does not need to be sent to the Gambling Commission or put on the register of premises licences. Licensing authorities are expected to retain a copy of the plan on their files and, in terms of regulations 21, 22 and Part 3 of Schedule 9 to the premises regulations, the plan forms part of the formal premises licence. Licensing authorities will therefore have to make at least one copy of the plan, and possibly more for internal purposes. The Executive does not consider that a licensing authority taking copies of a plan would be infringing copyright.

8. Several respondents felt the form and content of the register of premises licences should be prescribed and a couple of respondents raised concerns about the register including the plan.

As explained in paragraphs 39 to 42 of the consultation paper, the power to prescribe the form of the register and the manner in which it is maintained is vested in DCMS Ministers and not Scottish Ministers. DCMS Ministers have decided not to prescribe the information required. It will therefore be for each licensing authority to decide how to keep the register and to determine what information should be contained within it. As mentioned above, the register does not need to include the plan.

9. A couple of respondents raised some issues regarding the proposal that applications could be submitted electronically, in hard copy or a mixture of both.

The Executive considers that it should be possible to submit an application form either in hard copy or electronically, but that it should be for licensing authorities to decide whether they could accept electronic applications. Regulation 16 of the premises regulations makes suitable provision for this and sets out the various requirements applying to electronic applications. This regulation also makes clear that such applications will only be treated as having been properly made when the appropriate application fee has been received by the licensing authority and (where appropriate) any accompanying documents being sent by other means have been received in hard copy.

10. Several respondents commented on the consideration that was being given to the display of notices where premises have a perimeter of over 50 metres². Several comments were also made about the proposed requirement to publish a notice of a premises licence application in a local newspaper. The Executive liaised closely with DCMS on these matters and has ensured that the same display and publishing conditions will apply north and south of the border. These are set out in regulation 12(6) of the premises licence regulations and require applicants to publish notice of the application in a local newspaper (where possible) and to display one copy of the notice in a conveniently accessible external part of the premises.

11. Several respondents commented on the proposed period for interested parties and responsible authorities to respond to notices of an application. Mixed views were expressed on the appropriate period and when it should start from. Comments were also made on the notification process for applicants.

In line with the DCMS position, the Executive considers 28 days to be a sufficient and reasonable period within which interested parties and responsible authorities can make representations about applications. The period begins on the date on which the application was made to the licensing authority. Regulation 16 of the premises regulations sets out the conditions that apply to an application or notice being treated as "having been made". Regulation 12 sets out the requirements for publishing a notice of application, which includes doing so in a local newspaper and displaying a notice on the premises, within 10 working days and 28 consecutive days respectively from when the application was made to the licensing authority.

12. A few respondents enclosed their detailed responses to the equivalent DCMS consultation exercise. Where any of the issues raised have not been addressed in the above paragraphs, the Executive has taken the same stance as DCMS on these matters and the Scottish regulations contain broadly the same provisions as the DCMS regulations.

Conclusion

13. The Executive considers the regulations should ensure that there is a satisfactory process for handling premises licence applications; premises are properly licensed; and that licences are clearly displayed, for the benefit of applicants, local communities and licensing authorities. The regulations have therefore been finalised and laid before the Scottish Parliament with a view to coming into effect on 21 May 2007.

Scottish Executive

March 2007

ANNEX

LIST OF RESPONDENTS

Business in Sport and Leisure

Association of Chief Police officers in Scotland

Glasgow Licensing Board

Methodist Church and Salvation Army

Carlton Bingo

Association of British Bookmakers Ltd

British Holiday & Home Parks Association, Scotland