Chamber and committees

Guidance under section 142 is published on the Scottish Government website at http://www.scotland.gov.uk/Publications/2007/04/13093458/0. The government will be updating this guidance now that the transition period has ended and the act is fully in force.

The Transition Timetable and process was drawn up with advice from a transition team which consisted of six licensing clerks. Throughout transition officials have maintained contact with licensing boards and several implementation updates have been issued to boards and other stakeholders. In addition, communication has taken place on various matters, some of which are being addressed in the Criminal Justice and Licensing Bill.

The information sought can be accessed from the following links:

The Scottish Liquor Licensing Statistics 2007

http://www.scotland.gov.uk/Publications/2008/08/11160147/22.

The Scottish Liquor Licensing Statistics 2006

http://www.scotland.gov.uk/Publications/2007/08/21145701/0.

The Scottish Liquor Licensing Statistics 2005

http://www.scotland.gov.uk/Publications/2005/06/09105249/52516.

The number of licences in force does not equate to the number of licensed premises operating. For example, a number of premises maintained current licences even though the businesses concerned no longer operated, and other businesses operated with two or more licences covering one premises.

No specific assessment was made for the new licensing regime as the previous regime provided for the possibility of local variations to be applied by licensing boards to meet local circumstances. The government continues to support the concept of local solutions to local problems and those who wish to sell alcohol in those communities should be prepared to accept their responsibilities to these community. As with the previous licensing regime, licenses issued under the 2005 act are issued in respect of individual premises rather than parent companies.

As set out in the 2005 Act the administration of the licensing system is a matter for licensing boards. We hope any licensing board that still has licences to be issued will do so as quickly as possible.

A deemed grant system for premises licences is already in place for businesses that met the deadline for applications. Where necessary, for example in respect of applications submitted late, alternatives such as occasional licences exist and are already being utilised.

Work is being commissioned by the Monitoring and Evaluation Reference Group on Alcohol (MERGA) to evaluate the Licensing (Scotland) Act 2005 and, at my request, the Accounts Commission will also examine the impact of the act. We will consider carefully any recommendations made or matters arising from these processes.

The Scottish Executive is actively working with agencies to introduce the Level of Service Case Management Inventory (LS/CMI) which aims to introduce a common approach for risk assessment practice. The version of LS/CMI proposed also includes a method for assessing the nature, pattern and seriousness of the offending and, where a risk of serious harm is identified, provides a framework for risk management planning.

Implementation of this approach across offender management agencies will be supported by the provision of assessed training and related guidance for those tasked with risk management of offenders.

Local Authority Social Work Departments also work to National Objectives and Standards for Social Work Services in the Criminal Justice System, which set out their roles and responsibilities in respect of the management and supervision of offenders, including risk assessment, a clear risk management plan, specific interventions, and a process for regular review of the individual''s progress.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The SPS recognises the importance of robust risk assessment and risk management of offenders, particularly when they are being considered for community access in preparation for release.

Integrated Case Management is the multiagency process used to assess and manage offenders whilst in custody. All prisoners who are subject to statutory supervision will be discussed at an annual case conference with the involvement of both community and prison based social work partners. Those cases assessed as high risk will have further scrutiny as part of establishment risk management groups with senior management and psychology input.

Prisoners being considered for community access are risk assessed and a community risk management plan is prepared. Suitability is determined by a multi-disciplinary group from a variety of agencies taking account of a wide range of prison and community generated case management information.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

The SPS applies a number of strategies to motivate suitable prisoners to attend offending behaviour programmes. The SPS operates an Integrated Case Management (ICM) process designed in such a way as to encourage participation and ownership from the prisoner. This integrated system includes referral to change programmes and is generally successful in motivating participation.

The SPS constantly looks to improve what it does and it is currently in the process of reviewing its suite of sex offender programmes. Prisoner resistance to participation is higher for sex offender programmes that for other change programmes. The SPS is developing an amended programme that will encourage resistant offenders to participate in such programmes. This new programme will contain a preparatory motivational component.