This Bill changes the system for anyone applying for a public entertainment licence. It also changes how local councils decide whether to grant them.
This is a Member's bill
The Bill fell on 4 May 2021 at Stage 1
This Bill fell at Stage 1 of the process to decide if it should become an Act.
Operators of travelling funfairs in Scotland need to have a public entertainment licence. This is a licence that the operators have to apply for through the local council. Operators are usually families known as “showpeople”. The local council can charge operators for a licence and can decide not to grant a licence. This would mean that the funfair could not take place. Every local council can decide how much to charge and the time it takes to consider an application can vary.
This Bill changes the system for anyone applying for licences. It also changes how local councils decide whether to grant them. Operators will still need a licence to hold a travelling funfair under this Bill. A local council must grant the licence within 21 days as long as an operator meets certain application requirements. A licence may be refused only for one of the reasons given in the Bill. If a local council does not come to a decision within 21 days, the licence will be automatically granted.
The Bill also changes the fees for applying for a licence. Each application will cost £50. This is cheaper than licence applications currently cost in most local council areas.
The Bill does other related things like:
The Bill makes no changes to health and safety requirements and standards. These are dealt with by other laws.
The member in charge of the Bill, Richard Lyle MSP, believes that the current law and practices threaten the survival of showpeople. The Bill is designed to make it easier for operators to put on travelling funfairs in Scotland. It creates a new licensing process which Richard Lyle believes would be is simple, consistent, fair and proportionate.
Richard Lyle’s view is that the Bill is needed to protect showpeople’s way of living. It also aims for funfairs to continue to be an aspect of 21st century life in Scotland, across the country.
Travelling Funfairs (Licensing) (Scotland) Bill as Introduced (407KB, pdf) posted 29 April 2020
Explanatory Notes (114KB, pdf) posted 29 April 2020
Policy Memorandum (139KB, pdf) posted 29 April 2020
Financial Memorandum (1MB, pdf) posted 29 April 2020
Delegated Powers Memorandum (147KB, pdf) posted 29 April 2020
Statements on legislative competence (74KB, pdf) posted 29 April 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Travelling Funfairs (Licensing) (Scotland) Bill SPICe briefing
David Torrance MSP is the additional member in charge for the Travelling Funfairs (Licensing) (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Bill was introduced on 29 April 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Local Government and Communities Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 7 December 2020.
If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it ‘falls’.
Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.
The Bill fell at the dissolution of Parliament on 4 May 2021.