Orkney Islands Area Licensing Board – Public Consultation - Overprovision Assessment

Orkney Islands Area Licensing Board – Public Consultation.

Licensing (Scotland) Act 2005 – Overprovision Assessment.

1. Orkney Islands Area Licensing Board (the Board) will be carrying out a review of its Statement of Alcohol Licensing Policy in terms of the Licensing (Scotland) Act 2005 (the Act) during 2023.

2. As part of that process, the Board is first consulting on whether there is overprovision of licensed premises, or licensed premises of any particular description, in particular localities within its area. The locality can be the whole Board area.

3. The Board must ensure that its Statement of Alcohol Licensing Policy seeks to promote the five licensing objectives specified in the Act, being:

• Preventing crime and disorder.
• Securing public safety.
• Preventing public nuisance.
• Protecting and improving public health.
• Protecting children and young persons from harm.

4. In the event that the Board was to consider that there were already a sufficient number of premises or premises of a particular description in a particular locality, this would be included in the Board’s statement of overprovision. This would have the effect of creating a presumption against the grant of a new premises licence application or a variation seeking to increase alcohol availability. Such applications may be refused.

5. However, it should be noted that each application requires to be determined on its own merits and there may be cases where the applicant could demonstrate that the grant of the licence or variation, as an exception to Policy, would not undermine the licensing objectives detailed above. A numerical limit of licensed premises or premises of a particular description in a locality cannot be set.

6. On 3 May 2018, the Board determined that there is no overprovision of licensed premises or licensed premises of a particular description within the locality of Orkney defined by the Board.

7. The Board concluded that there was not a dependable causal link between the evidence provided to the Board and the operation of licensed premises, to suggest that a saturation point had been reached, or was close to being reached, within the locality of Orkney defined by the Board.

8. Guidance issued to licensing boards in 2007 by the Scottish Government under the Act provided that “the results of all consultation should be evaluated to identify robust and reliable evidence which suggests that a saturation point has been reached or is close to being reached, always provided that a dependable causal link can be forged between that evidence and the operation of licensed premises in a locality”.

9. The Guidance was updated in January 2023 to provide that to demonstrate a “dependable causal link”, the proof of a link between the availability of alcohol in an area and alcohol-related harm "must be on a balance of probabilities. What this means in practice is that based on the evidence of harm in a locality, it is more likely than not that alcohol availability is a cause, or that increasing the availability of alcohol in that area will increase that harm."

10. At its meeting on 19 January 2023, the Board considered a report from its Clerk, which can be viewed in the Related Downloads section on this page.

11. The report explained that the Clerk had conducted a preliminary statistical data collection exercise from 29 September to 11 November 2022, to request statistical data to help the Board to identify localities where there is overprovision of licensed premises, or premises of a particular description, within its area.

12. One response was received, from NHS Orkney, which compared statistics relating to Orkney with those relating to Scotland but did not provide statistics relating to smaller areas within Orkney.

13. The report also provided information regarding the number and capacity of licensed premises in Orkney, being:

• 14 on-sales premises with total capacity of 3,532 persons.
• 36 off-sale premises with total alcohol display capacity of 689.72 square metres.
• 46 premises licensed for both on and off-sales with total capacity of 6,834 persons and total alcohol display capacity of 400.39 square metres.

14. Statistics relating to the geographical distribution of licensed premises in Orkney, including their capacities and operating hours, with the exception of members’ clubs, can be viewed within the report in the Related Downloads section on this page.

15. Taking into account the sole response to the preliminary statistical data collection exercise and the absence of alternative evidential information, the Board determined to approach its identification of the locality, for the purpose of consultation on the assessment of overprovision, as the whole of Orkney.

16. The approach set out in paragraph 15 above does not preclude subsequent alternative findings by the Board. For example, after consideration of evidence received as a result of this consultation, the Board could determine that a different locality or localities should apply.

17. The Board would like to hear from you with your views on whether there is overprovision of licensed premises, or premises of a particular description, in Orkney or in any locality or localities within Orkney.

18. As explained in paragraph 9 above, any suggestion that overprovision exists must demonstrate a “dependable causal link” between the availability of alcohol in an area and alcohol-related harm. This "must be on a balance of probabilities. What this means in practice is that based on the evidence of harm in a locality, it is more likely than not that alcohol availability is a cause, or that increasing the availability of alcohol in that area will increase that harm."

19. Responses must be received in writing by 17 March 2023 to the email or postal addresses shown at the end of this Notice. All responses must identify the name and address of the responder.

20. A report on the outcome of this consultation on overprovision assessment will be submitted to the Board in April 2023.

21. Further reports will be submitted to the Board in June and October 2023 in relation to the wider consultation on the whole Policy. The revised Policy must be in place by November 2023.

22. Thank you for taking the time to take part in this consultation and please do not hesitate to contact the Licensing Service should you have further queries via the email address shown in paragraph 23 below or phone 01856 873535 extensions 2232 or 2229 (voicemail available).

23. The submission addresses referred to at paragraph 19 above are:

• By e-mail (preferred) to: licensing@orkney.gov.uk.
• By letter to: The Clerk to the Licensing Board, Council Offices, Kirkwall, Orkney KW15 1NY.

Gavin Mitchell.

Clerk to the Licensing Board.

Strategy, Performance and Business Solutions, Council Offices, Kirkwall, Orkney KW15 1NY.

20 January 2023.