Agendas, reports and minutes

HIGHLAND LICENSING FORUM

Minute of the meeting of The Highland Licensing Forum held in Committee Room One, Council Offices, Glenurquhart Road, Inverness on Tuesday 24th September 2013 at 2 pm    

Present:

Mrs Pat Hayden (Resident Member) – Convener in the Chair
Ramsay McGhee (Trade and Licence Member) - Vice Convener
Ainya Taylor (Youth representative)
Gwyn Phillips (Licensed trade representative – off sales)
Sgt Roddy Nicolson (Representative of Northern Constabulary)
Elisabeth Smart, Public Health Consultant (Health Service representative)
Sarah Mackenzie (formerly Henderson) (substituting for Debbie Stewart, Highland Drug and Alcohol Partnership)
Gordon Clelland (Licensed Trade Member) – by video link from Fort William
Joanne Sutherland (Personal Licence Holder)
Donald Lawson (Licensed Trade Member)
Gillian Gunn (representing Highland Violence Against Women Strategy Group)
Ian Cox, Licensing Standards Officer
Elizabeth Treasurer, Licensing Standards Officer
David Inglis, Licensing Standards Officer – by video link from Wick

In attendance:

Fiona Sinclair, Legal Adviser to the Forum and Clerk
Arnie Yule, PASS Development Manager

1.  Welcome

The Convener welcomed members to the meeting and extended a special welcome to Arnie Yule the PASS Development Manager. 

2.  Apologies for Absence

Apologies for absence were intimated on behalf of –

David McDiarmid (Representative of Fire and Rescue Service)
Mrs Janet Home (Resident Member)
Cath King (Education and Social Care representative)
Debbie Stewart (HDAP representative) (Note - Sarah Mackenzie was in attendance as a substitute member)

Don Lawson and Ian Cox intimated that they would require to leave the meeting early to attend a meeting of Inverness Pubwatch.

3.  Minutes of Meeting held on 21 May 2013

The minutes of the meeting held on 21 May 2013, copies of which had been circulated with the Agenda were held as read and were unanimously approved.      

4.  Presentation by PASS Development Manager 

The Convener welcomed Arnie Yule, the PASS Development Manager who delivered a presentation on Young Scot and the Proof of Age Standards Scheme (PASS). 

Arnie explained that Young Scot is a registered charity based in Edinburgh which works in partnership with local authorities to provide young people aged from 11 to 26 with information, ideas and opportunities, including-

• a reward scheme for use of the Young Scot card,
• discounts at selected retailers,
• e-voting,
• concessionary travel,
• cashless catering and
• Proof of Age. 

Arnie explained that the Proof of Age Standards Scheme (PASS) is a UK wide accreditation scheme designed to maintain retailers’ confidence in proof of age cards and was set up by the British Retail Consortium in consultation with major retailers.  Over two million PASS cards have been issued.  515,000 of these are Young Scot cards.  All Young Scot cards carry the PASS logo and are recognised as National Entitlement Cards with the support of Police Scotland and the Scottish Government. 

The benefits of the PASS scheme are that it helps to protect responsible retailers and young people.  Young Scot cards can be used for proof of age whenever age restricted goods and services including alcohol are being provided. 

As the PASS scheme has a rigorous application process which includes rigorous checks on the applicant’s age before a card is issued it may be the only way that a young person can provide proof of age particularly as a third of 18 and 19 year olds don’t possess other photographic ID such as a passport or driving licence.  PASS cards are specifically mentioned in some legislation including regulations under the Licensing (Scotland) Act 2005 relating to the sale of alcohol to children and young persons.        

Arnie explained the 5-step check which should be used by retailers and licensees presented with a Young Scot card

1.  Check the PASS hologram

2.  Check the photograph

3.  Check the date of birth
4.  Check the card
5.  Check the person

Arnie emphasised the importance of retailers checking the 3D hologram on cards presented to them as fake cards and photocopies of cards cannot display the hologram.  He stated that there are no fake PASS cards in existence.  However, he cautioned that licensees should look out for cards which have been altered.  Licence holders and their staff should pay particular attention to the date of birth on a card and should be aware that PASS cards are designed to be completely smooth.  He also said that young people have a responsibility to ensure that the photograph on their card is recent and that the card is not scratched advising that young people whose PASS card displays a photograph which is out of date can easily and at any time obtain a replacement card. 

Arnie emphasised that the unique 3D effect PASS hologram makes the card virtually impossible to copy.  Other features which help make sure the card is genuine are the colour photograph, the printed date of birth and the expiry date which is the card holder’s 26th birthday.  He advised that retailers should not accept the card if they have any doubt that the card belongs to the person presenting it, if they think that the card has been altered or that the photograph on the card is out of date.  He said that if it appeared that a card had been altered then it should be sent to him or to the Police.

Members asked questions about previously intimated proposals to add a pink fluorescent stripe over the date of birth on Young Scot cards in an effort to make it more difficult to alter dates of birth and also a proposal to add a 18+ sign where cardholders are over eighteen years of age.  Arnie advised that the strips over the dates of birth will be introduced on newly issued and replacement cards before the end of this calendar year.   He said that plans to introduce the 18+ sign have been cancelled.  It was suggested by Forum members that the fact that the date of expiry on cards is the 26th birthday be made more public and that this could be included as an additional check for retailers as Arnie stated that it is rare that people fraudulently attempt to alter that date. 

Forum members said that in their experience young people are not aware that replacement cards are readily available and that there is generally a lack of knowledge about the requirement to update photos and ensure cards are not scratched.  Arnie noted these comments and advised that Young Scot relies on local authorities to cascade information to young people.  It was suggested that greater use might be made of school assemblies for cascading information to young people.   

Arnie thanked Forum members for their helpful comments and feedback which he said he had noted.  The Convener thanked Arnie for the informative presentation. 

At this point Arnie left the meeting.

5.  Highland Licensing Board Policy Statement - Consultation on Overprovision Statement

It was noted that the Board had published overprovision proposals for public consultation and had invited the Forum to comment before the deadline of Friday 18th October. 

The Board had agreed to undertake consultation on the three different options set out below (Option 1 being NHS Highland’s preferred option):

Option 1

That the Board’s overprovision statement should create a presumption against the grant of any more premises licences where the off-sales capacity sought (i.e. size of alcohol display area) is 40 m2 or over (or exceeds such other capacity as the Board considers appropriate) and that this presumption should apply throughout the Highland area.

Option 2

That the Board’s overprovision statement should create a presumption against the grant of any more premises licences where the off-sales capacity sought (i.e. size of alcohol display area) is 40 m2 or over (or exceeds such other capacity as the Board considers appropriate) and that this presumption should apply only in the 12 multimember wards identified by the NHS as the areas of greatest incidence of alcohol-related harm (based on rates of hospitalisation for alcohol-related conditions in Highland). These twelve wards are:

Ward 02: Thurso
Ward 03: Wick
Ward 04: Landward Caithness
Ward 07: Cromarty Firth
Ward 09: Dingwall and Seaforth
Ward 11: Eilean a’ Cheo
Ward 12: Caol and Mallaig
Ward 14: Inverness West
Ward 15: Inverness Central
Ward 16: Inverness Ness-side
Ward 17: Inverness Millburn
Ward 22: Fort William and Ardnamurchan

Option 3

That the Board’s overprovision statement should create a presumption against the grant of any more premises licences where the off-sales capacity sought (i.e. size of alcohol display area)    is 40 m2 or over (or exceeds such other capacity as the Board considers appropriate) and that this presumption should apply only in the 25 Intermediate Data Zones (IDZ) identified by the NHS as the areas of greatest incidence of alcohol-related harm (based on rates of hospitalisation for alcohol-related conditions in Highland). These IDZs are:

• Invergordon
• Sutherland North and West
• Tain   
• Nairn East                            
• Thurso West                         
• Caithness South                   
• Skye North West                   
• Skye South                           
• Lochalsh
• Lochaber East & North 
• Dingwall
• Thurso East
• Inverness Drummond
• Inverness Kinmylies and South West   
• Inverness Hilton
• Alness
• Wick North
• Fort William South 
• Inverness Ballifeary and Dalneigh                   
• Fort William North
• Skye North East
• Wick South
• Inverness Muirtown
• Inverness Central, Raigmore and Longman
• Inverness Merkinch

The Forum discussed the options, and noted the terms of the report.  In particular the Forum noted that the general trends described in the report suggest that there is evidence to support findings of overprovision in relation to premises licensed purely for off-sales as they account increasingly for the vast majority of alcohol sales.  The Forum also noted that according to the report it is off sales premises with capacity above a certain level which are likely to account for the majority of alcohol sales.

Don Lawson left the meeting at this point.

During discussion the Forum reached broad agreement on the following points -

• there is evidence of harmful drinking throughout the Highland area, not just in individual multi member wards or individual data zones, and that the Forum should regard Highland as one area.
• the Board should consider the long term and cumulative implications of alcohol consumption when formulating an overprovision policy.
• larger supermarket type premises are the main problem rather than smaller offsales premises or on sales premises. 
• It should be borne in mind that latest Scottish Government figures disclose that 72 per cent of alcohol is now sold in off sales premises and that alcohol is involved in around 70 per cent of incidents of domestic abuse. 
• accepting Option 1 in the report would not lead to a prohibition on new supermarkets in Highland as each application for a new licence would be individually considered and a new supermarket could have a display area less than 40 square meters.
• while there is a general acceptance that educating the public on issues relating to alcohol, eg unit values of different drinks, has improved in recent years, there should be more training for young people on the effects of alcohol with a view to making a long term change in the drinking culture in the country.  It was suggested that rather than recommend young people consume no alcohol at all there be an acceptance that young people will drink and that advice be provided on how to drink moderately and safely. 
• some incentive for premises licence holders to reduce the size of their alcohol displays may be an advantage
• an NHS survey to test public opinion on alcohol provision and overprovision indicated that where more alcohol is available people tend to drink more
• as well as the amount of alcohol which is on display the Board might consider the way in which alcohol is displayed.  It was suggested that the increase in volume of displays at the Christmas period tends to lead to people purchasing more alcohol. 

The Forum responded to the Questionnaire as follows:

1.  Do you support Option 1 which would create a Highland-wide presumption against further premises licences for off-sales over a certain capacity?

Forum answer: Yes.  This was a majority decision.  Three members, the Police representative, the Convener and the LSO abstained.  

• Reasons for your answer : The Forum considered that from the evidence set out in the NHS report Option1 is the most appropriate Option. 

2.  Do you support Option 2 which would create a presumption against further premises licences for off-sales over a certain capacity, but only in the 12 wards identified?

Forum answer:  No

• Reasons for your answer : see Answer 1 above

3.  Do you support Option 3 which would create a presumption against further premises licences for off-sales over a certain capacity, but only in the 25 Intermediate Data Zones identified by NHS Highland?

Forum answer:  No

• Reasons for your answer : see Answer 1 above

4.  Having supported Option 1,  the Forum considers that the presumption against the grant of further premises licences for off-sales should apply:-

(b) only where the capacity sought exceeds 40 square metres. 

5.  If you support Option 1, Option 2 or Option 3, do you consider that the presumption against the grant of further premises licences for off-sales:

(a) should apply to all new premises licence applications which are purely for
     off-sales?  YES

Please give reasons for your answer:  The Forum opted for (a) because the Forum was of the view that 40 square metres was an adequate capacity for new offsales premises licences, including visitor centres.  While the Forum would generally support the opening of new visitor centres the Forum took the view that 40 square metres is adequate display capacity in such premises and considered that the Board should send a clear message that a 40 square metre limit should apply for all premises. 

6.  What, if any, alternative or additional proposals in relation to its overprovision statement do you think the Board should consider and what evidence is there to support such alternative or additional proposals?

None, although the points made by the Forum in discussion on the options for overprovision are set out here for the information of the Board.  – end of response - .

6.  Report by Convener on Board Meetings

The Convener gave a short report on recent Board meetings including the successful joint meeting held on 6th August and the meeting to agree the Board’s Statement of Licensing Policy held on 27th August.

The Convener expressed her thanks to the Board Clerk for agreeing to hold the joint meeting around a table in a less formal setting to last year.  The Forum Clerk was asked to remind the Board Clerk of the Vice Convener’s request for recent income and expenditure figures for the licensing board .

7.  Report to Council on Licensing Forum

The Clerk explained that as explained to Forum members in a recent email a report on the workings of the Forum had recently been considered by the Council in order to ensure that matters relating to Forum membership and conduct of Forum meetings ran smoothly.  The Forum noted that the Council had -

(a) agreed that authority be delegated to the Head of Legal and Democratic
     Services taking into account the terms of the legislation and the views of
     the Forum to appoint and re-appoint Forum members in future.
(b) agreed that Forum members be appointed for a fixed term expiring at the
     next local government election with retiring Forum members being eligible
     for re-appointment
(c) agreed that Forum members who attend meetings as residents or as
     licence holders be entitled to claim travel expenses at the nationally 
     agreed rates for councillors in carrying out their duties as Forum members
     on the understanding that claims will only be met on production of
     receipts and
(d) agreed that authority be delegated to the Head of Legal and Democratic
     Services to work with Forum members to review and revise the Code of
     Conduct for Forum members

8.  Forum Membership

The Convener welcomed the Council’s decision to permit Forum members who attend in their capacity as Highland residents or licence holders to claim travel expenses and hoped that this would attract Forum members from around the Highlands.  It was agreed that rather than prepare a press release individual Forum members approach representatives of the community or voluntary organisations in the outlying areas to invite them to apply to join the Licensing Forum.  It was noted that Fiona Palin had resigned from the Forum and that Cath King would now represent both Education and Social Care.

The meeting closed at 3.50 pm.