Agendas, reports and minutes

Minute of the meeting of The Highland Licensing Forum held in Committee Room One, Council Offices, Glenurquhart Road, Inverness on Tuesday 3rd March 2015 at 2 pm    

Present:
Ramsay McGhee (Trade and Licence Member) – Convener in the Chair
Mrs Pat Hayden (Resident Member)
David McDiarmid, (Representative of Fire & Rescue Service)
Elisabeth Smart, Public Health Consultant (Health Service representative)
Sarah Mackenzie (substituting for Debbie Stewart, Highland Drug and Alcohol Partnership)
Sergeant Bruce Gray (Representative of Police Scotland)
Donald Lawson (Licensed trade representative)
Cath King, Policy Manager, Care and Learning Service, Highland Council (Education and Social Work representative)
Stuart Stirling (young people’s representative)
Ian Cox, Licensing Standards Officer
David Inglis, Licensing Standards Officer (by video link)

In attendance:
Fiona Sinclair, Legal Adviser to the Forum and Clerk

1. Welcome

Ramsay extended a special welcome to the new members Stuart Stirling and Sergeant Bruce Gray. 

2. Appointment of Convener

This being the first meeting of the calendar year the Clerk invited nominations for the position of Convener.  Pat Hayden seconded by David McDiarmid proposed Ramsay McGhee.  There being no further nominations Ramsay was declared Convener until the first meeting of the Forum in 2016 and took the Chair.

3. Presentation on Young Scot Cards

The Convener welcomed Arnie Yule who was returning to the Forum to give an update on the information provided in his last address to the Forum in September 2013. 

Arnie delivered a PowerPoint presentation updating the Forum on the changes to the Young Scot cards, particularly the fluorescent stripe which goes along the front of the cards and which makes it much more difficult to tamper with a card.  Other minor changes had also been made to the card.  He stressed that cards issued under the PASS scheme are legally acceptable as proof of age and that they are endorsed by licensing bodies.  The cards cannot be forged as they have a hologram on them.  Cards are provided to young people aged 11 to 26 (ie from the time young people start secondary school) and the responsibility to ensure the photograph on the card is up to date rests with the cardholder.  Updated cards are offered to young people going into S4.  It was noted that the cards had many uses apart from  identification, for example in libraries and for cashless catering.  It was noted that difficulties arise if some licensed premises accept them as proof of age and others don’t.    

The Forum noted the developments in the Young Scot card and thanked Arnie for his presentation.

4. Highland Substance Misuse Education Toolkit

The Convener welcomed Cath King who had come along to the Forum to give a short presentation providing more details on the Highland Substance Misuse Toolkit following the launch in December 2014.  The Toolkit had been put together for young people, parents and carers and teachers.  Cath explained how to use the search facility on the Toolkit to find information and resources aimed at any of the target groups.   Topics covered include Drugs, Alcohol, Tobacco, New Psychoactive Substances (“legal highs”) Caffeine and Blood Borne Viruses.

The Toolkit contains information and resources on

• The law in relation to many substances
• Harm reduction
• Alcohol industry funding. 

Cath provided some information from the Highland Lifestyle Survey which showed the downward trend in recent years in the proportion of young people self-reporting alcohol use.  The Toolkit aims to prevent rather than treat substance misuse.  Forum members suggested that the Toolkit might benefit from additional awareness raising and it was noted that suggestions for additional material which might be included in the Toolkit would be welcomed by Cath and the team.  The Forum noted the presentation and the Convener thanked Cath for attending.  

5. Apologies for Absence

Apologies for absence were intimated on behalf of –

Mrs Janet Home (Resident Member)
Joanne Sutherland (personal licence holder)
Gwyn Phillips (Resident Member)
Gordon Cleland (Licensed trade representative)
Elizabeth Treasurer, Licensing Standards Officer
Gillian Gunn, currently on maternity leave (representing Highland Violence Against Women Strategy Group)
Shaun Finlayson, HC Youth Convener (Young people’s representative)

Apologies were received after the meeting from –
Sharon Williamson (Licensed trade representative)

6. Minutes of Meeting held on 18 November 2014

The minutes of the meeting held on 18th November 2014, copies of which had been circulated with the Agenda were held as read and were approved.

7. Forum Membership – Engagement with young people

Ramsay referred to the difficulties the Forum has experienced over the years in securing attendance of the Youth Convener at meetings.  The Forum expressed disappointment that once again the Youth Convener had been unable to attend.  Ramsay welcomed Stuart Stirling from Inverness College, UHI and said that the Forum would look to Stuart to liaise between the Forum and the College bringing forward issues to the Forum from young people at the College and consulting young people at the College on issues the Forum may be considering.

8. Review of the Operation of the Act

Ramsay referred to the problems perceived in 2001 when Sheriff Nicolson’s review of licensing had been commissioned namely
• antisocial behaviour and crimes of disorder related to alcohol consumption,
• underage drinking,
• binge drinking,
• health issues related to alcohol consumption and
• other wider problems associated with alcohol misuse.

Against that background the 2005 Act which came into force in 2009 had been underpinned by the five licensing objectives,

i. Preventing crime and disorder;
ii. Securing public safety;
iii. Preventing public nuisance;
iv. Protecting and improving public health; and
v. Protecting children from harm.

The Forum had agreed to look back at the problems which led to Sheriff Nicolson’s review, and considering the licensing objectives, and taking into account statistical and anecdotal evidence review the operation of the Act in the Highlands.

There was agreement around the table that antisocial behaviour, assaults, serious assaults and crimes of disorder around licensed premises seemed to be reducing in number, and that the fact that statutory agencies and licensees are now working together in partnership contributed to the reduction.

As a starting point on the Review of the 2005 Act, Sarah Mackenzie and Elisabeth Smart introduced a report on the protecting and improving public health and protecting children from harm objectives.  The data used in compiling the report was a core indicator data set collected and managed by the HADP, Sarah being the HADP Research and Intelligence Officer.  Generally, the trends identified in the report were encouraging showing downward trends in the Highland area and figures for Highland comparing satisfactorily with figures for all of Scotland.  A copy of the report is annexed to this minute.

David McDiarmid then provided some figures on house fires where alcohol had been involved. 
Of 12 fires with fatalities between 2005-2008, 8 (66 %) had confirmed alcohol involvement.  Of 11 fires with fatalities between 2009-2015, 5 (44%) had confirmed alcohol involvement.  However, of the last 3 fires, 2 had some confirmed alcohol involvement which brought the figure back up to 66%. 

In 2009-10 there were 10 dwelling fires in the City of Inverness where the occupier admitted that alcohol was a factor.  Of the other 40 dwelling fires the occupier either stated that alcohol was not involved or stated that they did not know whether alcohol was involved. 

Apart from the impact of the Licensing (Scotland) Act David stated that the Fire Service has in recent years become more proactive in carrying out home fire safety visits.  This too may have had an impact on the figures.

The Forum noted the two reports and requested that Police Scotland produce some statistics for the next meeting.

9. Licensing Standards Officer’s Report, including update on PLH training issues and update on Age Verification Policy Integrity Testing

David Inglis presented a report on the following issues:

Personal Licence Holder Refresher Training – David expressed concern that now that the initial batch of personal licence holders had completed refresher training there will not be the same level of publicity for the approximately 2,500 licence holders granted personal licences in the five years following 2009.  LSOs continue to try to make contact with licence holders to minimise revocations but contact cannot be made where PLHs have moved address.  Work on this is ongoing. 

Situation following expiry of Personal Licences in 2019 – there is still no information as to what will happen when personal licences expire at the end of their ten year term.  David speculated that Scotland may follow the position in England where licences do not expire after ten years but stressed no information had been forthcoming yet. 

Annual Fees – Only premises which were no longer trading had their premises licences revoked for non-payment of annual fees.

Visits – The main problem encountered when LSOs are visiting premises is a failure to display the notices required by statute.  David also stated that some premises managers need to be reminded to ensure that staff training is carried out and appropriately recorded, and referred to difficulties where staff do not speak English as their first language. 

Festive period extensions – The Festive Period extensions to hours appeared to have gone smoothly with no incidents of note having been reported to LSOs although it is too early to have sight of comprehensive statistics.  Some premises had reported to David that they had not been busy during the extensions. The general view was that customers used the extra hour to finish existing drinks at their leisure and move on in small groups. This may have contributed to better behaviour.

Portman Group decision in relation to high-strength lager – Packaging of cans of high-strength lager and cider in 500 ml cans containing 4.4 units of alcohol had been found to encourage immoderate consumption in a ruling by the Portman Group’s Independent Complaints Panel.  The cans could not be easily resealed and public attitudes had changed since 2009 when a similar complaint had been rejected. David said that it is likely that the products will continue on sale but in smaller cans with a commensurate smaller number of units of alcohol.

Sale of Alcohol at Football Matches – David referred to the discussion on removing the ban on sales of alcohol in public areas of football grounds during matches. Although he was not aware of formal consultation on the matter he said that it was clear from letters to the press and on entries on social media that there is not wholehearted support for a change.

Reception for Test Purchasers - The LSOs had attended a reception at Police HQ Inverness to reward the school pupil volunteers who had participated in test purchases and to hear about the processes of selection and support from their schools. David reported that, in addition to the policing aspect, the young people felt that they had gained experience and confidence which would stand them in good stead for the future.

Inverness Community Safety Partnership 2014-15 Evaluation Report – David referred Forum members to the report which showed links between alcohol and crime (see item 5 at attached link for report)
http://www.highland.gov.uk/meetings/meeting/3427/city_of_inverness_area_committee/attachment/67569).

10. Report by Convener on Board Meetings

The Convener reported that a consultation document was shortly to be issued by the Board inviting the public and statutory consultees to comment on a possible amendment to the Board’s policy statement to include additional events apart from the Festive Season for which premises might be granted extended hours on an occasional basis.  The Clerk reported that she expected to receive the consultation document in the next day or two and would circulate to the Forum thereafter.

11. Requirement on Late Night Premises to Provide Food

Ian Cox referred to a local condition which can be attached to premises licences – “Premises open for the sale of alcohol after 0100 hours shall have available a selection of hot and cold foods and shall advertise this within the premises” (Condition g, objective 4). 

Ian reported that colleagues in Environmental Health had commented to him that while some premises offer good food the condition can be burdensome especially if outside caterers and other food outlets are available in the vicinity.  Ian suggested that he had been told that there may be a public health issue in relation to the quality of food in some venues.  Forum members expressed concern that in a busy late night venue the requirement to provide hot food may be burdensome and uneconomical and that standards may be compromised.  The Forum agreed that Ian obtain further information on the issue from Environmental Health colleagues and report back to a future meeting of the Forum with a view to referring the matter to the Board at a later date. 

12. Dates of Future Meetings

The Forum noted and agreed the 2015 meeting dates which had previously been circulated and amended to accommodate other commitments of members –
3rd March 2015
26th March 2015
1st September 2015
17th November 2015

13. Urgent Business Not on the Agenda

Joint Meeting with Licensing Board – The Clerk was asked to request a date for a joint meeting from the Board Clerk.  It was requested that the meeting be on a separate day to the scheduled Board meetings as the last two joint meetings had begun considerably later than the scheduled start time due to earlier meetings overrunning. 

Commencement Times of Board Meetings – It was noted that Board meeting agendas state that Board meetings will commence “at 12.30 pm (following the Highland Licensing Committee commencing 10.30 am)”.   Various Forum members expressed concern and frustration that
• around half of Board meetings seem to begin significantly later than the scheduled start time of 12.30 pm and
• applicants and objectors, officers, solicitors and members of the public are left waiting outside the Chamber without any information as to when the Committee meeting will end or the Board meeting begin.  This causes considerable inconvenience to all concerned.  Often information about delays is only passed to people waiting outside when the Committee stops for a comfort break or for lunch which is clearly unsatisfactory.

It was agreed that the Forum Clerk write to the Board Clerk:-

(a) highlighting the concerns and frustration which had been expressed at the meeting and
(b) suggesting 
(i) that the Board meetings be given a definite start time possibly of 2 pm to give an element of certainty to the people who have made an effort to attend and   
(ii) that every effort should be made, possibly utilising the display screens in the foyer, to give to the people waiting outside the Chamber information on any delay and of the likely commencement time of the meeting 

The meeting closed at 3.55 pm

APPENDIX ONE – REPORT BY ELISABETH SMART & SARAH MACKENZIE

Review of the Alcohol Licensing Act 2005
January 2015

This report provides statistics relating to two of the licensing objectives; protecting and improving public health, and protecting children from harm. These should be considered when evaluating the act. Where possible figures will date back to pre 2009 when the act was put in place to highlight any changes.

The confidence intervals in some of the graphs will show the significance of unexpected peaks and troughs. Caution may be necessary when interpreting some of these figures as the recording of alcohol misuse may vary from hospital to hospital. It should also be noted that when reading the graphs the vertical axis may not always begin at ‘zero’. This has been taken directly from published data provided by the Scottish Public Health Observatory (ScotPho).

Protecting and Improving Public Health

Alcohol related hospital discharges

For alcohol related hospital discharges Highland is not significantly different from the National average. Both local and national figures have decreased since 2007/08, Highland at a greater rate than Scotland. However Highland increased slightly in 2012/13. Improved engagement and access to community services are likely to have contributed to the level of decrease in Highland.  Highland fell below the national average in 2009/10 and remained below until 2012/13 where the two were very similar.

https://scotpho.nhsnss.scot.nhs.uk/scotpho/rankChartAction.do

Alcohol related hospital discharges per 100,000 population.
ADP 2008/09 2009/10 2010/11 2011/12 2012/13
Highland 894 767 720 681 694
Scotland 828 771 759 749 693

Alcohol related mortality

Although Highland was slightly above the national average for alcohol related mortality until 2011 it is statistically not significantly different. In 2011 Highland fell below the national average, it has remained below by a very small margin in 2012. In 2013 Highland was again higher than the national average. Improved access to community services alongside increased ABI delivery, support for minimum pricing, overprovision work and local public health campaigns are ongoing to bring Highland below the national average.

https://scotpho.nhsnss.scot.nhs.uk/scotpho/rankChartAction.do

Alcohol related mortality per 100,000 population.
ADP 2008 2009 2010 2011 2012 2013
Highland 29 27 29 22 20 22
Scotland 29 26 26 25 21 21

Population exceeding weekly and/or daily limits

The indicator for exceeding weekly and/or daily limits was if an individual drank more than 4 units (men) or 3 units (women) on heaviest drinking day, and/or drank more than 21 units (men) or 14 units (women) in usual week. Figures show that locally and nationally men exceeded daily/weekly limits more than women. In total the NHS Highland rate is lower than the Scottish rate. Neither males nor females in Highland differ significantly from the national average. There is no time trend data for this indicator as it is a four year aggregate figure. This is calculated by NHS Board and is not broken down to ADP level.

The proportion of individuals drinking above daily and/or weekly recommended limits, 2008, 2009, 2010, 2011: Aged 16 and over (Figures based on all survey respondents) NHS Board
NHS Board Men  Women Total
Highland 44.5 36.8 40.5
Scotland 48.7 38.6 43.4
Source: Scottish Health Survey (http://www.scotland.gov.uk/Topics/Statistics/Browse/Health/scottish-health-survey/Publications)

Proportion of individuals drinking above twice daily recommendations

The indicator for drinking above twice the daily recommendations was drinking >6 units on one occasion for women and >8 units for men. Locally and nationally men drink twice above recommended limits than women. NHS Highland has a lower rate than Scotland in total. Males in Highland were statistically significantly ‘better’ than the national average; females did not differ significantly from the national average. There is no time trend data for this indicator as it is a four year aggregate figure. This is calculated by NHS Board and is not broken down to ADP level

The proportion of individuals drinking above twice daily (“binge” drinking) recommended limits, 2008, 2009, 2010, 2011; Aged 16 and over and current drinker
NHS Board Men  Women Total
Highland 19.1 15.2 17.1
Scotland 26.0 16.7 21.1
Source: Scottish Health Survey (http://www.scotland.gov.uk/Topics/Statistics/Browse/Health/scottish-health-survey/Publications)

Proportion of individuals who are alcohol dependant

As a measure of alcohol dependence we have presented data on the proportion of problem drinkers, derived from responses to the CAGE questionnaire which highlights up to six indicators of problem drinking, including three indicators of physical dependency on alcohol. Prevalence of problem drinking is measure by agreement with two or more problem drinking indicators.

Men are more likely than women, locally and nationally to have 2 or more problem drinking indicators. NHS Highland has a lower rate of problem drinking than Scotland.

Proportion of people with potential problem drinking, 2008, 2009, 2010, 2011. Aged 16 and over and current drinker
  Two or more Problem Drinking Indicators
NHS Board Men Women Total
Highland 9.4 7.2 8.4
Scotland 13.9 9.5 11.7
Source: Scottish Health Survey (http://www.scotland.gov.uk/Topics/Statistics/Browse/Health/scottish-health-survey/Publications)

Percentage of people perceiving rowdy behaviour (e.g. drunkenness, hooliganism or loutish behaviour) to be very or fairly common in their neighbourhood

Nationally the percentage of people perceiving rowdy behaviour to be very or fairly common in their neighbourhood has decreased continuously from 2007/08 to 2013. In Highland there was a very slight increase in percentage between 2009/10 and 2012, falling again by 2013. However, Highland is statistically significantly 'better' than National average.

https://scotpho.nhsnss.scot.nhs.uk/scotpho/rankChartAction.do

Percentage of people perceiving rowdy behaviour (e.g. drunkenness, hooliganism or loutish behaviour) to be very or fairly common in their neighbourhood. Financial years 2007/08, 2009/10, 2012/13
Alcohol & Drugs Partnership area 2007/08 2009/10 
2012 
2013
Highland 11.7 8.9 9.8 4.8
Scotland 17 15 14.5 12.6

Number of premise and occasional licenses in force per annum and the overall capacity of premise licenses

The proportion per 10,000 population of on trade premises in Highland and Scotland have both remained constant from 2012/13 to 2013/14. However, Highland is statistically significantly 'worse' than National average.

The proportion per 10,000 population of off trade premises in Highland and Scotland have both remained constant from 2012/13 to 2013/14. However, Highland is statistically significantly 'worse' than National average.

An overprovision report was put to the licensing board and has been accepted, therefore all license applications can be evaluated against the new overprovision statement and an objection can be placed on these grounds.

Number of new applications for premise or occasional licenses, and proportion refused on the grounds of OP

There were no premise licenses refused under Section 23 of the 2005 Licensing Act in Highland in 2012/13, this has decreased from 1 in 2011/12. Scotland refused 21 licenses under section 23 of the 2005 licensing act in 2011/12, decreasing to 12 in 2012/13

Number of new applications for premise licences received during 2012-13 and number refused under Section 23 of the 2005 Licensing Act 1*
  New applications Applications refused
Local Authority on sale  off sale only 
Highland 13 5 0
Scotland 219 172 12
Source: Liquor licensing statistics (Scotland): 2012-13, Scottish Government

* Section 23 of the 2005 Licensing Act lists five grounds on which a licence may be refused including overprovision of licensed premises in a locality

Number of ABIs delivered in accordance with the HEAT Standard guidance

Highland and Scotland have displayed a similar trend since 2009/10 in the percentage of ABIs delivered. Both remain above the HEAT standard requirement. In 2013/14 the national percentage began to rise whereas locally there was a decrease. No significance can be calculated for this indicator.

Work is ongoing to embed ABI’s and extend delivery in wider settings.

https://scotpho.nhsnss.scot.nhs.uk/scotpho/rankChartAction.do

Percentage of ABIs delivered (% of target)
 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
NHS Highland 75.9 74.2 150.5 148.8 153.8 140.9
Scotland 60.8 111.9 176.9 158.9 155.4 170.8

Protecting Children from Harm

SALSUS

The 2013 Scottish Schools Adolescent Lifestyle and Substance Use Survey (SALSUS) is the latest in a national series of surveys of smoking, drinking and drug use among secondary school children. This local data presents key findings from the 2013 survey for pupils attending schools in Highland (LA).

In 2013, 32% of 13 year olds and 72% of 15 year olds reported that they had had an alcoholic drink. This is a decrease from 2010 (43% of 13 year olds, 82% of 15 year olds).

Among those pupils who had consumed alcohol, the average age when they had first drunk more than a small amount was 13 years old.
In comparison to Scotland, the proportion of 15 year olds in Highland who have ever had an alcoholic drink in 2013 is higher than the national average (72% in Highland compared with 70% nationally).

1% of 13 year olds and 9% of 15 year olds reported that they usually drink about once a week. This is a decrease since 2010 (5% of 13 year olds and 13% of 15 year olds).

The Highland ADP area prevalence rate has decreased between 2006 and 2013 for 15 year olds who drank on a weekly basis or more. Highland is now equal to the national average. The Highland target for 2015 is to continue the trend of reducing prevalence in Highland ADP area.

Source: SALSUS, 2006, 2010, 2013

74% of 13 year olds and 77% of 15 year olds said their parents or guardian sometimes let them drink at home. This is an increase on the figures for 2010 (67% of 13 year olds and 71% of 15 year olds.)

In 2013 in relation to alcohol, the majority of 13 year olds (64%) and 15 year olds (63%) agreed or strongly agreed that schools provided the advice and support needed to make important decisions about drinking.

Number of Child Protection Case Conference where parental drug and/or alcohol use identified as a concern/risk

Highland is statistically not significantly different from National average in terms of the number of child protection case conferences where parental drug or alcohol use was identified as a concern or risk. The Highland ADP rate per 10,000 population has decreased between 2012 and 2013, and in the same time period the National rate increased. The actual number in Highland has fallen from 43 to 34 between 2012 and 2013.

Proportion of positive ABI screenings in ante-natal setting.

2% of all ABIs in the NHS Highland area were delivered in an antenatal setting in both 2012/13 and 2013/14.  Work is ongoing to increase the confidence and skills of midwives to deliver ABI’s and embed them in to routine practice.

Proportion of positive ABI screenings in ante-natal setting
NHS Board 2012/13 2013/14
Highland 120 (2%) 86 (2%)
Scotland 3591 (4%) 2191 (2%)
http://www.isdscotland.org/Health-Topics/Drugs-and-Alcohol-Misuse/Publications/2014-06-24/2014-06-24-ABI2013-14-Report.pdf