DUNDEE CITY LICENSING BOARD
OVERPROVISION ASSESSMENT UNDER LICENSING (SCOTLAND) ACT 2005
PUBLIC CONSULTATION DOCUMENT
1.
BACKGROUND
1.1
Section 7 of the 2005 Act requires every Licensing Board to consider to what extent (if any)
there is overprovision of licensed premises (either generally or of a particular description) in
any locality within their area. This is referred to as “the overprovision assessment” and is to
be included in the Board’s three-yearly Statement of Licensing Policy.
1.2
In its Statements of Licensing Policy for 2010-2013 and 2013-2016, the Board took the view
that it had yet to be presented with sufficient evidence to enable it to state that there is any
such overprovision in Dundee. The most recent articulation of this is found at Section 3, Page
7 of the 2013-2016 policy statement:“There is, at present, insufficient evidence to allow the Board to conclude with any degree of
certainty that there are any localities in its area which are overprovided for to the extent that
this would support a basis for refusing future applications. However, further research will be
undertaken by the Clerk with all relevant agencies (Police, Health Board, community groups
etc.) to obtain more detailed data for the localities identified, such as crime statistics, hospital
admissions for alcohol-related reasons, etc. If any of this evidence supports a re-examination
of the issue of overprovision in any particular locality, the Board is empowered to amend its
policy. The Board has been advised by the Dundee City Alcohol and Drug Partnership that a
detailed report on the subject of overprovision will be produced in the early part of 2014. The
Board intends to revisit the issue at that stage.”
1.3
The Dundee City ADP made a detailed presentation to the Board at its meeting on 16th
January, 2014. The ADP Report contained a table showing a summary of its principal
statistical findings relating to alcohol related health harm and alcohol related crime by
reference to Local Community Planning Partnership (LCPP) areas which are the same areas
as the Council electoral wards for the Board’s area. The table also shows licensed premises
by LCPP area. A full copy of the ADP report can be found on the Licensing Board page on
the
Dundee
City
Council
website
on
the
following
link
www.dundeecity.gov.uk/licensing/licensing.
1.4
The table’s figures would suggest that all or most alcohol-related harm is connected to five of
the eight areas listed. The Maryfield area has the highest level of alcohol-related crime by
location of offence, but this is undoubtedly due to the fact that the City Centre (usually
regarded for licensing purposes as being the area within the Inner Ring Road) falls within that
area. Of the five areas referred to above, the North East area has below average figures for
alcohol-related offences (both in relation to location of offence and residence of the offender),
although it is above average on specific health harm indicators and some alcohol-related
crime (by residence of offender).
1.5
The ADP Report recommends on the basis of level of alcohol related harm that the whole City
should be considered as overprovided for. However, failing that, then individual LCPP areas
should be considered to be overprovided. The ADP Report specifically asks the Board to find
overprovision in five areas, namely:




Maryfield
Coldside
Lochee
East End
North East
d:\106737240.doc
1.6
Although these LCPP areas are relatively large, this would not, however, prevent the Board
from narrowing down the larger areas by using its local knowledge of the relative location of
licensed premises within these areas, e.g. to suggest that any finding of overprovision be
restricted to a particular part of an LCPP area. To this end, the relative concentrations of
licences in every LCPP area are shown in plans produced to the Board and are available on
the Council website.
1.7
These are also shown by reference to the Community Regeneration Areas (CRA’s) within
each LCPP area/ward (with the exception of The Ferry and the West End). The use of the
CRA’s may be a practical alternative in this regard. The CRA’s have generally above average
levels in virtually all of the indicators of both crime and health matters and the maps of these
areas tend to suggest that they contain the majority of licences in each LCPP/ward area.
1.8
As mentioned in Paragraph 1.4 above, the City Centre falls within the Maryfield LCPP/ward
area. Not surprisingly, the City Centre contains the highest number of on-sales premises in
any part of the City. The practice of some other Boards had been to recognise the distinct
nature of City Centre areas by, for instance, limiting overprovision policies to premises which
operate as a traditional public house where alcohol consumption is the principal attraction and
other similar drinking establishments such as entertainment venues. This type of approach
could leave the City Centre open to premises which wish to operate as restaurants, hotels,
etc where the Board is satisfied that such premises would not increase the existing levels of
harm, would fill any gap in existing service provision or would enhance the City Centre area
for residents and visitors alike.
2.
OPTIONS
2.1
In light of the findings in the ADP Report, the Board is satisfied that there is, in principle,
overprovision of licensed premises in Dundee. However, the Board would welcome your
views as to the areas within which an overprovision policy should apply. In this regard, there
are a number of options available –
(a)
a declaration that the whole of the Dundee City area is overprovided;
(b)
a declaration that only certain localities are overprovided, e.g.
-
LCPP/ward area;
CRA’s;
other areas/localities in the City?
(c)
a declaration that the whole City is overprovided with the exception of specified
areas;
(d)
an overprovision policy may apply to –
-
all types of licences, or
certain types of licences, e.g.
-
on-sales/off-sales/both; (on-sales licences allow consumption of alcohol on the
premises only; off-sales are for consumption off the premises).
premises of a particular description/mode of operation e.g. pub, hotels, restaurants,
nightclubs.
-
2.2
The Board would like to hear from you concerning which of the above options should be
adopted. A questionnaire is provided below to enable you to respond. This should be returned
to me at the address below or by e-mail to licensing.board@dundeecity.gov,.uk by no later
than Friday, 23rd May 2014.
ROGER MENNIE
CLERK TO THE LICENSING BOARD
DATE: 31st March 2014
DUNDEE CITY LICENSING BOARD
OVERPROVISION ASSESSMENT UNDER LICENSING (SCOTLAND) ACT 2005
PUBLIC CONSULTATION QUESTIONNAIRE
Q1.
What is your view regarding the availability of alcohol in Dundee?
Too
many
premises
selling alcohol
Q2.
Not enough
premises
selling alcohol
Just about the
right number of
premises selling
alcohol
Of which types of premises do you think there may be overprovision in Dundee?
On-Sales (pubs, clubs,
restaurants etc.)
Off-Sales
(Supermarkets, shops)
Both On/Off
Neither On/Off
Other
(Please specify)
Q3
In which areas do you think there may be overprovision?
The Whole City
Wards/LCPP Areas
CRA’s
The Whole City except
for specified areas
(Please specify)
Other
(Please specify)
Q4.
Are there any other comments/suggestions you wish to make in relation to the issue of
overprovision?