Agenda item

LGA Adviser, Rebecca Johnson, spoke briefly to members about the House of Lords Select Committee’s scrutiny of the Licensing Act and their proposal for planning and licensing committees to be merged. The LGA’s view is that the Act is a good framework which needed small amendments rather than a complete overhaul. In responding to the Select Committee’s  report, the Government agreed that the Act did not require an overhaul but made no commitment to either of the LGA’s key asks around localisation of licensing fees and a Public Health objective. Members were told that the LGA would continue pushing the health objective agenda by promoting the role public health can play in licensing. In terms of fees, the Government felt that the localisation of fees would undermine rate relief given to some licensees following changes to business rates in 2017. The LGA suggested that a flat rate increase, for example in line with inflation, would be a useful interim step whilst continuing to call for the localisation of fees in the longer term.

A brief discussion also took place about training, with the Committee having made recommendations about training requirements for members of licensing committees. The LGA is developing a Licensing Act handbook for councillors which could include a recommendation that councillors should have a minimum level of training before sitting on a licensing committee.

It was noted that the Supreme Court had ruled in favour of the Scottish Government’s policy on Minimum Unit Pricing and members were asked if an update on this issue, once an assessment of the policy has been undertaken, would be useful.

Members made the following comments:

·         Clarification was requested on what a ‘minimum level’ of training would consist of and the suggestion was made that a statement of expectation could be developed to set out what this should be. Members agreed that a high level of training is important, but that should be tailored depending on what licensing committee members need. Members asked whether people who had received training on the Act when it was first introduced would now need additional training because of the changes which had been implemented since then. Members also asked whether the LGA had surveyed councils on what level of training they offered and whether there was any correlation between the level of training provided and the number of appeals received.

·         Members agreed that it would be interesting to know how minimum pricing per unit would work in Scotland alongside other measures already in place such as views on drinks promotions and a zero tolerance approach to drink driving.

·         Members were very supportive of the proposal to push for a flat rate increase in fees, while continuing to lobby for localisation in the long term.

Decision

Members noted the report.

Action

Officers to liaise with the Home Office with a view to lobbying for a flat rate increase of fees.