Out-Law News 1 min. read

Changes to boost Scottish licensing engagement proposed


Changes aimed at improving community engagement during the alcohol licence application, objection and hearing process have been proposed by the Scottish government.

It is consulting on updates to the 2007 Licensing (Procedure) Scotland Regulations, with a particular focus on potential changes to the public notification process. Improving public notification "could help with encouraging people to have their say on licensing matters", the Scottish Government said.

"Local communities have an important voice in local licensing decisions," the government said. "However, it has been suggested that there appears to be a lack of community engagement and low levels of public participation in the licensing process in many areas throughout Scotland."

The government said that it would consider the "likely costs and benefits" of any proposed changes, to establish whether they were "workable and proportionate".

The consultation closes on 6 June 2018. Respondents can provide feedback on any aspect of the regulations, along with answers to four questions relating to the notification provisions.

Licensing law expert Audrey Ferrie of Pinsent Masons, the law firm behind Out-Law.com, questioned the need for changes to the existing regulations.

"There is ample opportunity for community engagement in terms of the current rules," she said. "Licensing boards and their staff are already struggling under a huge administrative burden. To increase the number of notifications would only serve to make their lives more difficult."

"Scottish licensing law is crying out for consolidating legislation. Instead, the Scottish government spends time tinkering with existing rules when it is unclear what mischief the changes are designed to address," she said.

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