I welcome everyone to the ninth meeting of the Justice 2 Committee in 2005. Papers have been circulated to members and item 1 on the agenda is the Licensing (Scotland) Bill. We have a full committee with no apologies, which is welcome.
I shall do my best to assist by answering them.
If you will be patient with us, we will try to make progress. You have Mr Butler to blame for your presence here—his commendation was so long that the rest of us could not resist the opportunity. We are grateful to you for appearing before the committee because we realise that in your role as convener of the City of Glasgow licensing board you are responsible for one of the busiest licensing areas in Scotland.
Glasgow licensing board has a reputation for being more accessible and approachable than many other boards. It tries to conduct its business with a degree of humour, particularly in relation to objectors. The majority of applications are dealt with by professional solicitors who represent applicants, whereas objectors are likely to find the process most trying. It is certainly our intention to deal with objectors in a manner that is fair, equitable and, if at all possible, humorous, and to put them at their ease. That approach would be borne out by the vast majority of objectors.
Do you consider the proposals in the bill to be an improvement?
Yes and no—that is perhaps an inevitable answer. One of our concerns is that the bill proposes that a licensing board should have 10 members and a quorum of three. That may well be satisfactory for many rural areas, but it is not satisfactory for a city the size of Glasgow. Traditionally, it has been argued that one of the strengths of the Glasgow board is that it comprises a cross-section of the population: the breadth of the city is represented, and therefore local knowledge can be brought to bear on all our decisions. It is hard to see how that could be sustained if there were a quorum of three. A panel with three members would be more approachable and less daunting as far as the public are concerned, but there would be difficulty with the expertise and breadth of experience that we would have around the table in addressing licensing applications throughout the city.
What is your current quorum?
The quorum is 10 and there are 20 members.
Would you like the bill to be modified on that point?
Yes. As I said at the Holyrood conference on licensing reform a few weeks ago, it is our contention that there should be a sliding scale of membership and quorum. A point that I made at the outset and, indeed, in representations to the Nicholson committee is that we should not be constrained by a one-size-fits-all model. There must be recognition that licensing is a local function and therefore that different models are appropriate in different local circumstances. That remains the Glasgow board's view and we intend to make representations in that regard.
Do you think that the proposals to help licensing boards to tackle antisocial behaviour and alcohol-related crime are an improvement?
We welcome many aspects of the bill. At the Holyrood conference, the minister, Tavish Scott, admitted that the notion of the continuity of pricing policy has been lifted more or less straight from the policy that the Glasgow board has employed for the past year. We felt strongly that we had to move on that issue for two principal reasons. First, we have the evidence of our own eyes. The Glasgow board goes out on night-time visits four times each year—before each of its quarterly meetings—on the 8 pm to 4 am shift, as it is affectionately known. We have seen plenty of evidence of people, particularly young women, being heavily under the influence of alcohol on the back of irresponsible promotions. We have seen them staggering round the various premises that have entertainment licences and clutching the multicoloured bottles—which are so easy to see—that they have bought up in large numbers over a short period of time. That has an impact on public health and safety. It also clearly involves an element of public disorder and violence, which Strathclyde police has reported to us.
That is all to do with enforcement, and there is something of a public perception that licensing boards do not address with sufficient robustness concerns that are expressed about the conduct of licensees. Do you agree with that perception?
No. The evidence from the operation of the City of Glasgow licensing board gives the lie to that perception. At the normal quarterly meetings, the police force brings information before the board through the chief constable's objection or comment. Public concerns are voiced by individual objectors, and the board has consistently examined those. I have some statistical information on what has happened over the past 18 months to two years, if that is of interest to the committee.
Could you leave that with the clerks, so that we can circulate it to committee members?
Certainly, but I will give you some figures for 2003 and 2004. We refused 13 off-sales licences in 2003 and one on-sale licence and five off-sales licences in 2004, on a combination of chief constable's objections and community objections. Over the same period, there were seven hearings before the board under section 31 of the 1976 act at the chief constable's request. Those hearings resulted in a variety of actions. In two cases, because we had already removed the regular extensions, the licensees were given warnings at the section 31 hearing rather than having further action taken against them. In the other cases, the licences were suspended for periods of between a month and a year—a year being the maximum suspension that we can impose.
I should have apologised for the delay in starting the meeting. We were held up prior to the start, so I am sorry that you were kept waiting.
I will ask about the bill's objectives, which are: preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children from harm. Are those the correct principles that should be at the heart of the bill, or is there anything that Councillor Macdiarmid would like to add?
By and large, Glasgow licensing board supported the principles as outlined by Nicholson, which develop the thinking behind the existing four grounds for refusal under the 1976 act. My greatest personal concern was about the protection of children. As Bill Butler knows, I was a teacher for 25 years—we shared some professional experience. I have worked with young people in Renfrew, which is a nice little microcosm of most urban cities, so I have seen the good, the bad and the ugly, if I can put it that way, in relation to alcohol there.
Do you think that, if children are allowed into pubs and if pubs are child friendly, that will have an effect on the regular customers?
An onus should be placed on operators and licence holders to have premises that are child friendly. That creates a specific atmosphere and ambience, and I believe that that is desirable in all premises. The assumption should have been that that is the requirement, and licensees should have to opt out of that, particularly in the case of adult entertainment premises. In its proposals in the bill, the Executive has gone for the reverse situation, which leaves the door open for those who do not want children on their premises and for those who do not want higher standards to be required of them in the operating plan that we would naturally look for if children were to be on the premises.
That is an interesting point that we will no doubt pursue as we go along.
I have already said that the Executive's proposals on the continuity of pricing followed the Glasgow model, and although the Executive has gone for 48 hours rather than 24 hours, I do not think that that makes much of a difference at all. On the remaining area that concerns us, we have no superior wisdom when it comes to tackling the off-licence problem. Test purchasing is one solution, or one part of the solution.
We have a raft of questions and we should perhaps let members work their way through them as that will enable you to comment on some of the areas that concern you.
I shall stop at that point and deal with the other points later.
You commented on test purchasing, in which I am interested. I have been in correspondence with the Lord Advocate on test purchasing in a range of areas. You will be aware that he has now come out with views on test purchasing of certain products that have an age limit, such as tobacco, but not alcohol. I wrote to him about that, and he said that under the 1976 act it is effectively an offence to buy or sell alcohol in such circumstances, so he could not use test purchasing. The phraseology is repeated in the bill. Should we amend the bill to allow test purchasing?
The important issue is the outcome. We should use whatever methods we can to deliver a more effective control to stop youngsters getting access to alcohol. That is what I would like to be achieved. If the legislation is to be successful in terms of public perception, it has to be framed in such a way that it reflects what people want. By and large, people have no qualms about the accessibility of alcohol to people who are over 18, but they want to stop access to it for those who are under 18. If test purchasing is a way to achieve that, I would go down that road.
Quite a few of the questions will be susceptible to a yes or no answer. Please feel free to respond in such a way, because there is a lot of ground to cover and it would be good if we could get through it.
I turn Councillor Macdiarmid's attention to sections 10 to 12, which cover the local licensing forums. The bill proposes that each local authority should establish such a forum to review the bill and the operation of the licensing board. Do you have any experience of such forums? Do they currently exist in Glasgow? If so, what is your opinion of the way in which they function?
The forum that currently exists in Glasgow—we were ahead of the game—is 36-strong. It represents a huge range of public interests and has two directly elected members of the public—we allowed community councils to nominate, and the members were elected from the names that the community councils put forward. The forum works very well. I chair it, which would not be allowed under the bill's proposals.
The bill states that the forums would meet at least once a year. How often does yours meet?
At present, it meets quarterly.
As far as you are concerned, it is a marked success.
That is my view, and it is the view that is being voiced by everyone. We do not take an exclusive approach; we have an inclusive approach. People have said to us, "We're operating in this field. Can we come on to the local licensing forum?" and the answer is invariably yes.
You said that there are 36 members of the forum. Five types of people are referred to in paragraph 5 of schedule 2, including the chief constable, licence holders and young people. Can you give me an idea of where the 36 members of your forum come from? You said that two community representatives are directly elected. Where do the rest come from?
They come from a wide range of interest groups. The forum is not an organ of the council—it stands independently—but the chair and vice-chair of the licensing committee are members. We work together on licensing issues. There are representatives from the health board, taxi firms, private hire firms and Strathclyde Passenger Transport Executive. The health board representatives include an accident and emergency consultant. We also have representatives from Alcohol Focus Scotland and other alcohol interest groups and from colleges, training groups and so on.
Is the bill's formula too restrictive?
A wider cross-section of people have an interest in the area than is mentioned in the bill.
I have a question on the proposed reform of the types of licences, from seven down to effectively two. Do you have a comment on the existing system? What impact will the reforms have?
The existing system has certain historical anomalies and difficulties. Having a simplified system would be an improvement. However, my concern in that regard relates to the issue of over-provision. We need to compare apples with apples and eggs with eggs. If you designate somewhere as an area of over-provision, you are saying that all the licences for that area have gone. People will not be happy if that means that a new Sainsbury's will not open in the area because the company is unable to get a licensed part in its superstore. What people are concerned about is the corner shop that seeks a licence.
You are aware of the range of national conditions that will apply to premises licences and personal licences and the proposal to create a national licensing forum. Does the bill allow sufficient flexibility for licensing boards to take account of local conditions? Will the prescribed national conditions hinder licensing boards in operating as local decision-making bodies?
The basic plea that I have made from the beginning of the process is this: do not box us in. The people who are best able to assess the licensing situation in the locale are the people on the local licensing board. There are certain areas in which it is absolutely appropriate to have national conditions—
What areas?
For speed, I will give you only one example. We would certainly welcome national conditions being imposed in the area of adult entertainment. In Glasgow, there has been controversy in that regard. We now have a draft scheme of conditions that we hope will largely accord with that which will come down nationally.
What are the salient demerits of what you would construe as being an inflexible national approach?
The definitions of over-provision should not be subject to a national approach. Glasgow's licensing board has consistently been of the view that, given the number of people who are out enjoying themselves in the city centre of a Friday or Saturday evening, there is no over-provision in that area. It would be absolutely impossible to define an area in which one more licensed premises would be one licensed premises too many, or one less would be too few.
Will it be difficult for licensing boards that want to address over-provision to define what that means?
It will be extremely difficult for boards to be proactive in defining over-provision. However, I will be comfortable with an assessment in which, for example, the licensing board in Glasgow is allowed to determine over-provision by comparing the number of premises operating in the city centre with the numbers not of residents but of socialisers and people out enjoying themselves on a Friday and Saturday night.
The merchant city is quite a sizeable chunk of Glasgow city centre. How many cases of over-provision have been argued by residents of the merchant city?
Such arguments have been made consistently. I must be careful what I say—the board has occasionally taken a different view from the council—but the core matter is that the council defined the merchant city in planning terms as mixed use, whereas the residents and the community council argue that it is residential. That is the core of the conflict. Obviously, the approach that is taken in mixed-use areas is different from that which is taken in areas that are essentially residential.
Are such cases a regular occurrence only in that discrete section of the city centre?
Yes, they happen regularly only in that part.
We move to our next question. I ask members to keep their questions focused.
You may have touched on this issue already, but will you clarify the extent to which you think that alcohol pricing policies, such as drink promotions and happy hours, contribute to the binge-drinking problem that we hear about and the consequent antisocial behaviour?
We have consistently taken the view that that is a major issue. For years, we sought, but were denied, byelaw powers from the Executive and its predecessor the Scottish Office to tackle binge drinking. When I became chair of the licensing board some two years ago, I immediately entered into discussions with our then clerk, with a view to constructing a policy that was designed specifically to tackle binge drinking and happy-hour promotions. The advice that I got, which has subsequently been proved to be correct, was that price fixing was ultra vires. That explains our choice of policy, which has been highly effective in sweeping away such promotions in Glasgow.
In a nutshell, your view is that pricing policy has a direct effect on the binge-drinking problem.
Absolutely.
Do you think that the new system of licences will be more effective than the current system is in tackling alcohol-related crime and antisocial behaviour?
My experience is entirely limited to Glasgow. What is proposed nationally mirrors what happens there. We recently visited 30 premises from Ashton Lane in the west through to Dennistoun in the east, some of which were in the city centre. The most unsatisfactory thing that we found that evening was a lack of toilet paper in one ladies' loo. That represents a huge improvement.
Yes, but Stewart Maxwell asked whether the new system of licences would be more effective. You seem to be saying that the existing system, if it is well managed, works fine.
No. I am saying that we found ways of improving on the existing system. What is proposed would take that further.
That is fine.
I have a quick question about part 7, which is on control of order. Do you think that the proposed measures—exclusion orders and closure orders—are sufficient? Are they better than what we have at the moment? Would you amend them or add to them in any way?
The short answer is that I think they are an improvement. For me, the key element is immediacy.
Thank you.
Part 8 deals with offences that relate mainly to young people. It contains quite a list of offences. The committee was a little unclear about whether those offences differ from the current offences.
Yes, they do. That brings us back to the key area of how we change the culture. I can well understand the thinking behind a number of measures in the bill, but the key element remains how we encourage young people to adopt good social drinking behaviour in a family context. I am not sure that statutory measures will achieve that, unless we ensure that premises are children friendly and that it becomes the social norm for children to learn about drinking in those premises in a family context. That is more important than the specific measures that you are talking about.
Do you think that some of the new offences will support the development of the culture that you favour?
I think that they will, but my concern is that the bill stops short of moving on what I regard to be the most essential element. It should be a requirement that all premises are of a standard that will allow them to welcome children and which will create an environment in which children and young people can learn about drinking in a family context. That is the key, and it will happen not in a generation, but in a number of generations. However, we must make a start.
What are the resource implications of the bill for your licensing board?
So far, it has been said that the bill must be self-funding and self-financing. However, the work for the board and its officers will increase significantly. For example, at present we have one liquor licensing standards officer, but we will probably need four or six.
Do you have one officer for the whole of Glasgow?
Yes, but we will need four or six. The clear implication is that we will be able to deal with the bill only by addressing it properly in staff and other resource terms and by passing on the charge to licence holders in licence fees. That is the answer that I have given to members of the trade. There will be a major increase in our workload, which will have significant financial implications.
You said that what is proposed nationally is a mirror image of the current picture in Glasgow.
Only in the area of continuity of pricing.
We have covered the ground fairly well. Is there anything that you want to add before we end the session?
Not really. This has been a good discussion, and I am grateful for the opportunity to give evidence to the committee. From the beginning, my plea in this exercise has been for the Parliament to give us a licensing system that will stand the test of time and be accepted by the people, rather than something to which their response will be, "They would say that, wouldn't they?" The arguments have been well made, but my overriding concern is about everyone being pushed into one set of parameters. I do not think that the system can operate in that way. There must be flexibility across a nation such as Scotland, which is disparate in community types. We must allow local licensing boards the trust that the bill clearly demonstrates to do what is appropriate in their local circumstances.
I thank you on behalf of the committee for your forbearance. We have all found it immensely helpful to hear from someone who represents an area with such a significant presence of licensed premises of such a diverse nature. Your experiences have assisted us greatly. We are grateful to you for making time to appear before us this afternoon.
Meeting suspended.
On resuming—