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Agenda item 6 is for the committee to consider the delegated powers provisions in the Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill at stage 1. The committee is invited to agree the questions on the delegated powers that it wishes to raise with the member proposing the bill in written correspondence. The committee will have the opportunity to consider the responses at a meeting before the draft report is considered.
Section 2 imposes new mandatory conditions that would prohibit, in licensed premises or as part of an occasional licence, the sale of alcoholic drinks with a caffeine content in excess of such amount as may be prescribed by regulations. The bill would insert new paragraphs into the Licensing (Scotland) Act 2005 that would require the Scottish ministers to prescribe a maximum amount of caffeine in caffeinated alcoholic drinks no later than 12 months after royal assent.
The delegated powers memorandum does not explain the reasoning behind requiring the Scottish ministers to prescribe a maximum amount no later than 12 months after royal assent. Equally, the member’s intentions regarding levels of caffeine, in relation to premises licences and occasional licences, are not outlined.
Does the committee agree to ask the member in charge of the bill for an explanation in relation to the powers in sections 2(3) and (4), which would insert paragraph 8A(1) of schedule 3 and paragraph 7A(1) of schedule 4 to the 2005 act? Specifically, the Scottish ministers must prescribe a maximum level of caffeine in caffeinated alcoholic drinks under those powers no later than 12 months after the date of royal assent. Do members agree to ask why that timing has been chosen as suitable? Furthermore, it appears that the powers would enable ministers to prescribe either the same or different maximum amounts for the purposes of premises licences and occasional licences under the 2005 act. Do members agree to ask why that is considered to be appropriate?
Members indicated agreement.
The commencement powers provide for certain provisions listed in section 34(1) to come into force on the day after royal assent. Under section 34(2), other provisions are proposed to automatically commence 12 months after royal assent, unless ministers bring any of them into force earlier by regulation.
The commencement powers are relatively unusual as they set out when certain provisions will come into force, unless regulations are made to commence the provisions earlier. Such powers take into account that this is a member’s bill rather than a Government bill.
Does the committee agree to ask the member in charge of the bill for an explanation in relation to the commencement powers in section 34? More specifically, section 34(1) lists various provisions that would come into force on the day after royal assent, and section 34(2) provides that the other provisions come into force at the end of 12 months from the day of royal assent, or on such earlier day as the Scottish ministers may by regulations appoint.
Is the committee content to seek clarification of why the various provisions listed in section 34(1) have been selected as suitable for commencement on the day after royal assent, with the other provisions coming into force by regulations; and why a timing of 12 months from royal assent has been selected as a suitable long-stop date by which the Scottish ministers must have commenced the remaining provisions?
Members indicated agreement.
At this point, I will move the meeting into private.
12:33 Meeting continued in private until 13:12.