Scotland Overprovision policy change for Edinburgh

In an historic Board meeting Edinburgh’s licensing board voted to remove its overprovision policy which has been in place for a number of years and has had significant impact on licensing applications, especially for new venues.

Of note it was not a unanimous vote in favour of the change (5-3) and it is reported that the co-convener Chas Booth voted against scrapping the overprovision policy, saying: “This is a deeply retrograde step for public health and removes one of the crucial tools of the licensing board when it comes to prioritising public health.”

In a similar vein Alison Douglas, chief executive of Alcohol Focus Scotland said, “Alcohol availability is a key driver of harm – the more accessible alcohol is, the more people drink, and the more harm communities experience as a result.We would encourage all licensing boards to make full use of the powers available to them and to ensure that both their overprovision policies and broader licensing decisions are informed by local evidence of availability and harm and shaped by the views of key stakeholders.

“This is essential if we are to meaningfully reduce alcohol-related harm and build healthier, safer communities.”

Those in favour of the change stated:-

Cllr Fullerton said: “On the ground, there doesn’t appear to be evidence sufficient enough to warrant an overprovision policy, in my view.”

Cllr Rust said the board already had enough tools to regulate venues and stores that sell alcohol.

He then added “We have a position where there can be very robust considerations against the licensing objectives, the terms of the licence and the operation of those premises are significant, as is the adherence to the licences in meeting these objectives.

“I do feel the overprovision [policy] is a pretty blunt tool. I appreciate, and Cllr Booth has obviously highlighted, the public health aspect, and I do welcome the comments from the NHS.“But I’m still not clear that overprovision has decreased alcohol-related harm. In a way, I think it’s an outdated provision. I don’t think that blanket provision is necessarily useful.”

Our view would be that the overprovsion policy was one which defined applications by location rather than quality and may have inhibited innovation in the hospitality sector. If any operators would like to look at applications previously shelved due to the policy please contact our solicitors for advice on the how to meet the requirements which will still exist before this Board.