- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive how many days’ notice was given to retailers prior to the introduction by licensing boards of any bans on alcohol multi-buy promotions in the off-trade and whether it considers such notice adequate.
Answer
The length of any consultation concerning a licensing board''s policy is a matter for each individual board. As set out in the Licensing (Scotland) Act 2005 any policy pursued by a licensing board should be in that board''s policy statement. Such statements must be published by every licensing board and are to be reviewed every three years. The present policy statements were in place before the transition began on 30 November 2007. Each board was required to consult relevant stakeholders including the licensed trade on its original statement and is again required to consult on any subsequent addition to that statement.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive whether it considers that (a) consumers and (b) licensees were adequately informed of changes to alcohol licensing introduced by the Licensing (Scotland) Act 2005 and that came into effect on 1 September 2009.
Answer
Yes. The combined activity by government, licensing boards, trade bodies and other representative groups, licensing solicitors, the police, retailers, publicans, health organisations, the licensed trade press, the mainstream media, and individual MSPs meant that consumers and licensees were adequately informed about the changes. This helped ensure that the vast majority of premises were able to continue trading from 1 September.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive what assessment it has made of comments by the chief executive of the Scottish Prison Service, as reported in The Herald on 11 September 2009, in relation to a one-in-one-out model to deal with prison overcrowding.
Answer
I refer the member to the answer to question S3W-27419 on 25 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive what action it has taken to communicate to consumers changes to alcohol licensing introduced in the Licensing (Scotland) Act 2005, broken down by (a) date and (b) nature of action.
Answer
As part of a campaign to inform both the licensed trade and the public, a leaflet was produced to raise awareness of the Licensing (Scotland) Act 2005. Copies were distributed in December 2007 to relevant organisations that deal with the public on a daily basis, including:
Over 1,200 community councils in Scotland
Alcohol Focus Scotland
Citizens Advice Bureaux
Cinema Exhibitors Association
The National Representative Body of Scotland''s Community Councils
Scottish Consumer Council
Consumer Direct
Theatres / Scottish Arts Council
Association of Chief Police Officers Scotland.
Additional leaflets were also sent to licensing boards who requested them.
A dedicated website also went live on 11 December 2007. This provided information for licensees and members of the public. All forms of communication with relevant parties regarding the new act directed them to the site for further information.
During the transition period from 1 February 2008 to 1 September 2009 regulations ensured that to those living in the immediate vicinity of a premises that had applied for a licence were notified, and a notice was displayed on each premises showing details of its application. This information was also included on licensing board websites.
The government has also welcomed the significant efforts by retailers and publicans to inform their customers of the specific changes required in individual premises.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive from how many licensing boards it has received formal notification of an intention to ban alcohol multi-buy promotions in the off-trade.
Answer
None.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive how many licensing boards have banned or plan to ban alcohol multi-buy promotions in the off-trade, broken down by (a) board and (b) date of commencement of ban.
Answer
Paragraph 8(e) of Schedule 3 to the Licensing (Scotland) Act 2005 states that a drinks promotion is irresponsible if it encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume. The act makes clear that this condition applies to both on-sales and off-sales. Information concerning licensing boards'' policies on irresponsible off-sale promotions is not held centrally.
It is for licensing boards to consider any representations made to them in respect of any particular promotions against the mandatory conditions set by the 2005 act. The Scottish Government is proposing, as part of an alcohol bill, further action in respect of quantity discount promotions in off-sales.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive whether it is concerned at the comment of HM Chief Inspector of Prisons for Scotland that “On the other hand, I have spoken to a number of prisoners, particularly younger ones, who have found a community sentence more demanding”, as reported in The Herald of 17 September 2009, and, if so, what action it will take.
Answer
The Scottish Government regards these comments as reinforcing the case for greater use of effective community penalties and a reduction in the number of short prison sentences.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive what impact a one-in-one-out model to deal with prison overcrowding, reported in The Herald on 11 September 2009 as raised by the chief executive of the Scottish Prison Service, would have on public safety.
Answer
I refer the member to the answer to question S3W-27419 on 25 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Thursday, 17 September 2009
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Current Status:
Answered by Kenny MacAskill on 25 September 2009
To ask the Scottish Executive what its position is on HM Chief Inspector of Prisons for Scotland’s comment that he does not think that prison is a “skoosh”, as reported in The Herald of 17 September 2009.
Answer
HM Chief Inspector of Prisons (HMCIP) acts independently of Scottish ministers. The Scottish Government has set out its views on the effectiveness of short prison sentences in Fair, Fast and Flexible Justice but is committed to an on-going dialogue with HMCIP to understand his insights into the prison system in Scotland.
- Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
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Date lodged: Wednesday, 26 August 2009
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Current Status:
Answered by Kenny MacAskill on 18 September 2009
To ask the Scottish Executive whether it agrees that under section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007 the decision on whether to grant compassionate release of a prisoner is a matter for Scottish Ministers acting jointly and severally.
Answer
Section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007 replicates the current provisions set out in section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 which empowers the Scottish Ministers to release a prisoner on compassionate grounds. Under section 53(3) of the Scotland Act 1998, statutory functions of the Scottish Ministers shall be exercisable by any member of the Scottish Executive. In practice, the decision to release a prisoner on compassionate grounds is taken by the Cabinet Secretary for Justice, as was the case with my predecessors.
