Revised s 142 guidance issued for licensing boards
New guidance to Scottish licensing boards on carrying out their functions has been issued by Scottish ministers.
The revised “section 142 guidance”, named after the relevant provision in the Licensing (Scotland) Act 2005, replaces the original version issued when the Act came into force and which has become out of date due to subsequent changes. The intention is stated to have more frequent updates in future, through a small stakeholder group that will meet twice a year.
Boards must have regard to the guidance, but may depart from it if they have reason to do so.
The introduction notes the big shift towards home drinking in recent years, with 73% of alcohol sales now being in the off trade. “Drinking at home means less control over how much is consumed”, it states, “and some harms are harder to detect e.g. domestic violence. Many licensing boards recognise this shift and have reflected this when developing their licensing policy statements. This is an approach the Scottish Government strongly supports, and would encourage all licensing boards to consider.”
It also encourages boards to publish on their websites details of the background information that has led them to adopt a particular policy.