Licensing Board Policy Consultation 2018
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West Lothian Licensing Board is consulting on its alcohol licensing policy in order to prepare a new statement of policy. The Board would like to hear from anyone with an interest in alcohol licensing in West Lothian.

Through its policy the Board wishes to promote the following five statutory licensing objectives:

• preventing crime and disorder
• securing public safety
• preventing public nuisance
• protecting and improving public health
• protecting children and young persons from harm

In addition, it is a key objective of the policy to promote consistency of decision making and provide the public with an indication of how the Board is likely to approach certain matters and deal with and determine applications.

The Board is responsible for issuing the following licences

• premises licences for premises where alcohol is available for sale for consumption on or off the premises, or both
• personal licences for premises managers and other persons involved in the sale of alcohol
• occasional licences to allow alcohol sales in premises not covered by a premises licence

The Licensing Board is undertaking a review of its current statement of licensing policy i.e. the Statement of Licensing Policy 2013 – 2016 which is available to view via this link https://www.westlothian.gov.uk/statement-of-board-policy-2013-16

In undertaking this review the Board has taken cognisance of the guidance issued by the Scottish Government in the document entitled “Guidance for Licensing Boards and Local Authorities” which is available to view via this link https://www.westlothian.gov.uk/licensing-policy-guidance

Prior to framing this consultation document the Board undertook a pre-consultation exercise with the key stakeholders listed in paragraph 47 of the above guidance in relation to both overprovision and other potential policy changes. These stakeholders were:

• NHS Lothian
• The West Lothian Licensing Forum
• Police Scotland
• West Lothian Council
• Local Community Councils

This is the next part of the review process and the Board is now consulting with the public and all stakeholders.

The Board will consider the responses to this consultation before reviewing its current policy statement. In responding to the consultation you should be aware that there are restrictions on what can be included in the policy. The guidance makes it clear that the policy must be evidence based and must not ignore or be inconsistent with the provisions of the Licensing (Scotland) Act 2005. In particular in relation to the imposition of conditions on premises and occasional licences the Board is not permitted to impose conditions which relate to matters such as planning, building control or food hygiene which are governed by other legislation. In addition, it cannot impose conditions which are inconsistent with the mandatory conditions which the Government have prescribed nor can they have the effect of making such conditions more onerous or restrictive.

If you cannot respond to this consultation online or wish to make additional comments in writing, written responses should be sent by:

email to licensingboard@westlothian.gov.uk
or by post to
Licensing Team
West Lothian Council
Howden South Road
Livingston EH54 6FF

Thank you for your participation.