• Agenda

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 12 November 2013 at 10.30 am. 

Business

Present:

Mr A Duffy, Mr R Greene, Mr R Laird, Mrs L Macdonald, Mr W MacKay, Mr D Millar, Ms M Smith and Mr J Stone.

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer (by video conference)
Mrs L Treasurer, Licensing Standards Officer 
Mrs A MacArthur, Administrative Assistant

Also in Attendance:

Inspector A Henderson, Police Scotland
Ms E Smart, Consultant in Public Health, Directorate of Public Health and Policy, NHS Ms D Stewart, Co-ordinator for Highland Alcohol and Drug Partnership
Ms S Mackenzie, Highland Alcohol and Drug Partnership – Research and Intelligence Officer

Ms M Smith in the Chair

The Convener confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

1. Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Dr I Cockburn and Mr A Henderson.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 3 – Mrs L MacDonald was the Highland Council representative on the Highland Alcohol and Drug Partnership but as she had not taken part in their consideration of the consultation draft Overprovision Statement she would take part in the meeting.

3. Overprovision Statement 2013-16
Aithris Tar-sholarachaidh 2013-16

Mrs L MacDonald declared a non-financial interest as she was the Highland Council representative on the Highland Alcohol and Drug Partnership but as she had not taken part in their consideration of the consultation draft Overprovision Statement, she would take part in the determination of this item.

There had been circulated Report No HLB-145-13 (955kb pdf) by the Clerk inviting the Board to consider responses to the recent consultation draft and to agree the terms of its overprovision statement for inclusion in its Licensing Policy Statement 2013-16 as required by section 7 of the Licensing Scotland Act 2005.  Respondents to the consultation had been invited to attend and address the Board.

Ms E Smart, Consultant in Public Health, Directorate of Public Health and Policy, NHS then addressed the Board, first showing a documentary and then giving a presentation.  She advised the Board that the breakdown of health statistics per intermediate data zones which had been requested at the previous meeting had been attached to the Report.  Ms Smart, in her presentation, detailed:

• Examples of deaths in Scotland where the underlying cause had been determined as alcohol-related; this defined in age groups. 
• A downward trend in Highland in alcohol-related mortality. 
• The percentage of people in Highland who could obtain alcohol from licensed premises and off-licensed premises within a 10 minute drive and walk time. 
• The cost per head in Highland for alcohol harm in social care costs.
• Views of the public and a graph showing that a large number of people considered there were enough places selling alcohol in the area where they lived.  These views were gathered through a survey monkey and through participatory appraisal. 

Ms Smart concluded that there was an overprovision of alcohol in Highlands and action should be taken through licensing to address this.  She further concluded that an overprovision policy would help to reduce the level of alcohol consumption in individuals in Highland.  One way to cut alcohol harm was to cut alcohol availability.  The large supermarkets had made alcohol very available.   Alcohol had been normalised and people bought alcohol when they bought tea, milk, sugar and normal everyday items at the supermarket.  The option preferred by NHS Highland would be option 1 as detailed in the Report that there would be a presumption against the grant of any more premises licences where the off-sales capacity sought is 40 m2  or over.  This would protect small businesses with a capacity below 40 m2.  

Ms D Stewart, Co-ordinator for Highland Alcohol and Drug Partnership advised that the policy which would have the most impact would be one restricting both availability and affordability.  This combination through time would help to reduce consumption and reduce harm to society as a whole.

Members had the following questions:

• Does the NHS believe that adoption of an overprovision policy would (a) reduce the level of alcohol consumption in the Highlands and (b) reduce the number of alcohol-dependent individuals in the Highlands?
• Having looked at the multi-member wards that had alcohol-related hospitalisations above the national average, Inverness South had not been listed.  However, it had two of the largest off-sale providers in the Highlands. Did this then relate to underlying factors and what were they?
• Although the consultation had been widespread the response had been poor.  Did Ms Smart agree that the majority of communities didn’t see a problem?
• No reference had been made in the presentation to the use of alcohol for medicinal comfort.  Was the medicinal comfort use of alcohol recognised by the NHS?
• Why had 40 m2 been decided upon?  This area would not affect online sales.
• Was there a direct correlation between social deprivation and people drinking to excess?

Ms Smart responded that licensing was one of a number of ways of tackling alcohol harm and that had to be taken on board.  The availability of alcohol had to be reduced and alcohol was primarily being bought in the larger retail establishments.

Ms D Stewart agreed that no one policy could make a desired impact.  The three main areas of concern were availability relating to licensing, affordability through minimum pricing and acceptability through trying to change how alcohol was perceived so it was less acceptable to drink to excess.  If consumption could be reduced then that would reduce the harm to society as a whole.

Ms E Smart had not wanted to present the data on multi-member wards as it was difficult to get the full picture from this data.  Approximately 90% of people were within a ten minute drive time of alcohol availability and internet sales were increasing which would change the pattern in future years.  Ms Smart disagreed that the response had been poor; she considered the response to the survey and participatory appraisal had been very good.  The responses had been collected in two different ways: 600 hundred had responded through participatory appraisal and 400 had responded to the Survey Monkey.  Other surveys undertaken in other areas including Aberdeen had received similar information.  Alcohol had a role to play in sociable environments and contributed highly to the economy of the Highlands.  Mrs M Somerville, the Director of Public Health did refer to alcohol in a positive way in the documentary.  Behaviour needed to change towards alcohol and this was the way forward.

At Appendix 3 a table had been presented detailing the alcohol display area of   many shops and stores.  A capacity of 40 m2 had been recommended as it would avoid harm to small businesses.  The big stores had from 40 m2 up to over 300 m2 and option 1 would target large supermarkets and prevent them licensing a huge area whilst allowing the majority of small shops and stores to receive licences. 
The Chair advised that if we did adopt option 1 it would need to include a presumption against increases in capacity beyond 40 m2 at existing licensed premises.
Ms D Stewart advised members that a lot of work had been done by the World Health Organisation in over 30 countries on availability of alcohol and they had shown that if availability was restricted then fewer people consumed alcohol.  Availability and affordability affected consumption.

Members asked whether, if there were a restriction on size for licensed premises, Ms Smart would consider that fewer people on benefits would spend money on alcohol.   Concern was expressed at the emphasis on areas of deprivation; people from all walks of life drank too much.

Ms D Stewart stated that it was important to highlight that people living in poverty had a different behaviour.  They had more stresses in life and were disproportionately affected.  Over 60% of people living in poverty had fewer protective factors.  Yes, there was a direct correlation between social deprivation and people drinking to excess but a Highland wide approach was considered necessary.  The majority of alcohol was purchased at supermarkets.  Ms Smart stated that indicators for deprivation were increased mortality rates, smoking rates, alcohol rates, low prevalence of breast feeding and so on.  Ms D Stewart advised that minimum pricing only affected poor people.

Members asked Inspector Henderson if he could give figures for cases related to alcohol.

Inspector Henderson advised that cases involving breach of the peace, attending calls regarding drunk persons, assaults, domestic incidents that involved alcohol amounted to approximately 75-80%.

Members asked that Inspector Henderson expand on the reason why the police had opted for Option 3.  Inspector Henderson stated that Option 3 was more proportionately defined.  The police looked for intelligence or information to suggest a cause; an intelligence led point of view led them to Option 3 as the best option.

Ms E Smart understood the police rationale but considered it a sticking plaster approach.

Members were concerned about the normalisation of alcohol in Highland culture and considered Option 1 would send a strong message.

Mr D Millar had been disappointed with the lack of responses from community councils when every effort had been made to include them in the consultation.  Mr Millar did not believe that alcohol abuse started only with the advent of supermarket chains as alcohol was affecting health long ago.  People obtained alcohol no matter where they lived  and people  came to Inverness from afar for food and alcohol.  With internet sales, restricting the area that alcohol was displayed would make no difference.  To restrict supermarkets would stifle future development in many areas and have a negative effect on businesses.  Mr Millar stated that people who could drink sensibly should have choice and he would support the status quo.

Mr R Laird stated that the point had been made that average alcohol consumption was higher in Scotland than in the rest of Europe and that the average in the Highlands was higher than the Scottish average.  Something needed to be done to reverse that trend.  Members had heard about the effects of alcohol on families, individuals with health problems and victims of crime and it could be seen how this related to off-sales.  These problems extended beyond areas of deprivation as many people from all walks of life went home and poured themselves a drink at the end of the day.   He supported Option 1 on the basis that people would get in their car and drive to another area to acquire alcohol if it was not available in their own area.  If the Board decided to adopt the multi-member ward option, Inverness South would not be included and another supermarket could therefore be put in that area. The only way forward was to decide on a Highland-wide policy.  The two greatest problems in Scotland regarding alcohol were first, increased tolerance of public displays of drunkeness, with the result that it was no longer shameful to walk down the road drunk, and secondly, the fact that alcohol was now considered a normal consumer product to be bought along with others such as bread and milk.  Mr Laird advised that he would like to see alcohol sold only in dedicated shops and not in grocery stores and supermarkets.  He believed that we already had enough off-sales licences in the Highlands and he whole-heartedly supported Option 1.

Ms S Blease advised members that if they were to adopt any of the 3 options, supermarkets could still apply for licences but any application involving an off sales capacity greater than 40 m2 (or whatever limit the Board agreed) would be against policy.  The onus would then be on the applicant to persuade the Board with evidence and reasons why they should allow departure from policy.

Ms M Smith, seconded by Mr R Laird, then moved that the Board agree Option 1 as set out in the report as the basis of their overprovision statement which for the avoidance of doubt would also include a presumption against increasing the display areas of existing premises licences to over 40m².

The Depute Clerk sought clarification on whether in terms of the motion (a) the limit proposed was capacity of 40 m2 or over or whether it was capacity in excess of 40 m2, and (b) whether it was proposed that Option 1 apply to off-sales premises of all types, including those intended principally as tourist attractions (a number of respondents to the consultation having expressed the view that an off-sales capacity of up to 40 m2 should be more than adequate to sustain any tourist attraction).

In response, Ms Smith and Mr Laird agreed that the motion refer to capacity in excess of 40 m2 and that the presumption should apply to off-sales premises of all types, including tourist attractions.

There being no amendments the motion became the finding of the meeting and the Board AGREED that there should be a presumption against the grant of any more premises licences where the off-sales capacity sought  was in excess of 40 m2 and a further presumption against the grant of variations to existing premises licences which would increase their off-sales capacity to more than 40 m2 and that these presumptions should apply throughout all of the Highland Council wards.  This Policy would come into effect on 1 December 2013 and would last for three years unless varied by any subsequent policy statement agreed by the Board.

The meeting ended at 11.50 pm.