Licensing (Scotland) Act 2005 section 142: guidance for Licensing Boards

6. Local Licensing Forums

Introduction

6.1 Local Licensing Forums ("Forums") have a crucial role at the heart of the licensing system. When operating effectively, Forums can provide Licensing Boards with helpful and community-based feedback which will enhance the local Licensing Board's awareness of both the beneficial and detrimental impact of their policies in particular on the local community and on local trade.

6.2 Section 10 of the 2005 Act requires every local authority to establish a Forum for their area (or, alternatively, a local authority may establish a Forum for each division if a local authority area is divided into licensing divisions). Schedule 2 of the 2005 Act sets out the membership, administration and other procedural matters relating to Forums established under section 10. Sections 11 and 12 of the 2005 Act, set out the general functions of Forums and certain duties placed on Licensing Boards in respect of Forums respectively.

6.3 Licensing Boards may find it helpful to be aware that local authorities must provide administrative support (including staff, property and services) to Forums to enable Forums to effectively carry out their role.

6.4 Information in this Chapter will be useful to local authorities to help them establish, support and sustain Forums, and as background information for members of the Licensing Board to be aware of. It is not exhaustive and local authorities will wish to adopt their own individual working practices and explore innovative ways in which Forums can carry out their work, so long as they are consistent with the provisions of the 2005 Act.

6.5 The role of Forums is to keep under review the operation of the licensing system in their area along with the functions exercised by the Licensing Board and to give advice and recommendations to the relevant Licensing Board.

6.6 As the Forum for a Licensing Board's area is a statutory consultee in respect of the formulation of the statement of licensing policy and any supplementary statement of licensing policy, the Licensing Board is encouraged to consider involving their Forum in aspects of the work Licensing Boards have to undertake. This could be in the preparation of their statement of licensing policy, any supplementary policy statement of their policy with respect to the exercise of their functions. The Forum may choose to make suggestions as to the review of policy or procedural matters.

6.7 The Forum may also make a formal written request to the Licensing Board for a review of the statement of licensing policy where there is a material change in circumstances in the Licensing Board area, for example the Forum could identify key licensing issues affecting their local authority area and develop constructive advice on how to address them – this could lead to a review of the statement of licensing policy.

6.8 The Forum could also assist with the Licensing Board's overprovision assessment through gathering evidence, analysis and consultation. Whilst not listed as a statutory consultee for the overprovision assessment, Forums come under the category of "such persons as appear to the Licensing Board to be representative of the interests of persons resident in the locality" and/or "such other persons as the Licensing Board thinks fit" and, as such, would be expected to be consulted on the overprovision assessment.

6.9 Some Forums have reviewed their Licensing Board's Annual Functions Report and Finance Report and this has been welcomed by their Licensing Board.

6.10 The role of the Forum does not include reviewing or offering advice or recommendations in relation to any particular application or case before the Licensing Board.

6.11 In the exercise of its functions, a Licensing Board has a duty to have regard to the Forum's advice or recommendations and must offer reasons to the Forum where it decides not to follow its advice or recommendations. This duty requires ongoing and regular communication between the Licensing Board and the Forum.

6.12 In general, establishing a good and close working relationship between a Licensing Board and a Forum is an important factor that can benefit the operation of a Licensing Board. Practical arrangements in support of this should be agreed between the Licensing Board and the Forum at the earliest opportunity following the Licensing Board's appointment. Such arrangements may differ in different areas, but regular meetings and communications between Licensing Boards and Forums are essential in ensuring effective channels of communication are in place.

6.13 Such arrangements should be reviewed on a regular basis to ensure that they are meeting the needs of both the Licensing Board and the Forum. There is a mandatory requirement for a minimum of one formal meeting between the Licensing Board and the Forum annually, though it would be good practice to meet more often than that to ensure the views of the Forum are fully able to be communicated to the Licensing Board.

Management of business

6.14 Some Forums have found it useful to develop a work plan at the start of each year in which they set out the areas that they want to look at in the year ahead. Developing a work plan like this can give a focus to the discussions at meetings with the local Licensing Board, and provides opportunities to keep members up to date with important areas of interest.

6.15 To facilitate work that the Forum could undertake and to assist in developing a work plan, they should be provided by the Licensing Board with copies of any relevant statistics, information and reports which they may request. Information on the Licensing Board's public register would be helpful as would information available through the Licensing Board's publication scheme as required under FOI legislation.

6.16 Forums can request regular reports from the police, health and Licensing Standards Officers. Also, the chief constable must send a copy of a report annually to the Forum setting out their views on matters relating to policing in connection with the operation of the 2005 Act in the area, which should include any steps taken during the year, and the intentions for the following year, to prevent the sale and supply of alcohol to children and young people in the area. The Forum may also request a police officer to attend a meeting to discuss the report.

The effective Local Licensing Forum: independent, expert, trusted

6.17 An effective Forum should be widely recognised as being both independent and expert. To ensure independence, the Forum must develop an identity that is clearly separate from the Licensing Board or any other interest or group of interests. It must have the capacity to be impartial.

6.18 The 2005 Act requires that a local Licensing Standards Officer (see Chapter 7 of this Guidance) must be a member of the Forum, providing an important link to the operation of the licensing system. The 2005 Act also requires that at least one of the members must be a member nominated by the relevant Health Board^[1] for the Licensing Board's area. Licensing Board members may also be invited to attend or to speak to the Forum.

6.19 Forums should ideally comprise a balanced representation of relevant interests and collectively will have knowledge of licensing matters. For example, Falkirk Local Licensing Forum's membership list Committees & council bodies - Committee ID: 229 | Falkirk Council shows members with a range of relevant interests. A Forum that is dominated in terms of numbers by those who represent a specific viewpoint is unlikely to be impartial. The Forum should be able to identify key licensing issues affecting their area and be able to develop constructive advice on how to address them.

6.20 Forums may wish to consider gaining expertise, opportunities for learning and development in licensing for their members. Such opportunities may include training in licensing law (for example, Personal Licence Holder training, Licensing Board Member training), attendance at Licensing Board meetings, presentations from licensing stakeholders (such as Police Scotland, Licensing Standards Officers, the Health Board), and relevant reading materials.

6.21 As Licensing Board members are required to undergo training, consideration should be given to Licensing Board members and Forum members attending the same training together as this may assist in a shared understanding of the local position, and could assist with discussion of issues relating to the local Licensing Board area.

6.22 Forums may wish to establish links with relevant bodies responsible for developing the local alcohol action plans and strategies to reduce alcohol-related harm as well as organisations representing and supporting the responsible retail of alcohol (for example, Alcohol & Drug Partnerships , Community Planning Partnerships, Health & Social Care Partnerships, Pubwatch/ Shopwatch). Members of relevant bodies might be invited to sit on the Forum. Local Licensing Forum | Angus Council is an example of a Forum which has a development officer from an alcohol and drugs partnership as a member.

6.23 In producing impartial and effective advice, the Forum will gain the trust of the Licensing Board and others in the local community such as licence holders, relevant agencies and bodies, young people and local residents. In this way, the Forum will be able to fairly reflect the views of the local community and present them to the Licensing Board. The Forum is in a position to be able to support an informed conversation with the local community as to the role licensing and alcohol consumption plays in everyday life which will help to reach solutions through collaboration.

An inclusive and diverse approach to involvement

6.24 The Community Empowerment (Scotland) Act 2015 is relevant to the effective functioning of Local Licensing Forums as it has a specific focus on promoting effective engagement and participation to help communities achieve greater control and influence in the decisions and circumstances that affect their lives. The seven National Standards for Community Engagement are good-practice principles designed to improve and guide the process of community engagement. They can be used to shape the participation processes of public bodies as well as shape how community organisations can involve wider community interests. The National Standards provide helpful information for councils, Licensing Boards and Local Licensing Forums to follow. The seven standards are:

• Inclusion – identify and involve the people and organisations that are affected by the focus of the engagement;
• Support – identify and overcome any barriers to participation;
• Planning – there is a clear purpose for the engagement which is based on a shared understanding of community needs and ambitions;
• Working together – work effectively together to achieve the aims of the engagement;
• Methods – use methods of engagement that are fit for purpose;
• Communication – communicate clearly and regularly with the people, organisations and communities affected by the engagement;
• Impact – assess the impact of the engagement and use what has been learned to improve future community engagement.

Membership

6.25 Members are appointed to the Forum by the local authority. This means that the local authority needs to approve both the structure and the individuals proposed to fill that structure. There should be an inclusive, open and transparent recruitment and appointment process. Membership should be subject to regular review and refresh.

6.26 As discussed above, Schedule 2 of the 2005 Act makes provision for the membership of a Forum. A broad aim is for there to be, so far as possible, a balanced representation of all stakeholders. Forums are to consist of between 5 and 21 members, as may be determined by the relevant council.^[2] As already mentioned above, at least one of those members must be a Licensing Standards Officer for the local authority area and at least one of the members must be a person nominated by the relevant Health Board. In appointing the "other" members, the relevant local authority has a duty to seek to ensure that the membership of the Forum is representative of the interests of persons or descriptions of persons who have an interest which is relevant to the Forum's general functions. Where the membership is not representative, the Licensing Board should make efforts to identify and engage with the persons or bodies concerned. The 2005 Act provides that those persons include –

• holders of premises licences and personal licences (preferably both on-trade and off-trade);
• the chief constable;
• persons having functions relating to health, education or social work;
• young people;
• persons resident within the Local Licensing Forum's area.

6.27 This last category is purposefully very broad, and includes other groups who have an interest, such as persons in the recovery community, and families affected by alcohol use. Other persons will depend on the local community, for example, a Forum has included a representative from the National Union of Students Scotland as there is a significant local population of students. This same Forum met secondary school Modern Studies pupils to hear their views on licensing policy directly. With the licensing objective encompassing young persons, this Forum considered it is important for the development of the policy that the views of young persons are taken into account. This is a good example of considering how the licensing objectives might work for the local area.

6.28 The local authority should strive to keep membership of the Forum under regular review to ensure balance and to optimise engagement. A range of methods to encourage/enhance membership will be needed to suit the different needs of participants:

• many licence holders and representatives of youth organisations and persons having functions relating to health, education or social work can be reached through representative organisations;
• in public agencies care should be taken to target the most appropriate officer, who might not necessarily be the chairperson or chief executive; and
• an innovative approach should be taken to engaging with local communities, for example, via publicity, community councils, housing associations, and other local organisations that are likely to have an interest. Other publicity tools that can be considered include:
  • the local press and any associated public meetings;
  • leaflets to explain the role of the Forum and to give notice of public meetings;
  • leaflets and posters can be placed in shops, gyms, libraries and public buildings to reach the general public;
  • leaflets can be included with letters sent to licence holders, the police and other organisations, individuals and community organisations;
  • a dedicated page on the council's web site, with a prominent link from the home page, and/or the Local Licensing Forum's own web page to give details of the Local Licensing Forum;
  • Relevant social media such as Facebook groups covering a local area and/ or Twitter pages covering a local area.

6.29 It is important to ensure that Forum members share the same core knowledge about licensing in general and the functions of a Forum in particular. The basic information which needs to be covered includes:

• the 2005 Act, in particular the functions laid down in the 2005 Act for Forums;
• secondary legislation made under the 2005 Act; and
• this Guidance.

6.30 Making sure members and potential members understand their role is crucial to the effective operation of the Forum. As previously mentioned, Schedule 2 of the 2005 Act sets out the legislative framework in terms of membership, convener, administrative support, meetings and proceedings.

6.31 For example, the convener must be mindful of time and regulate discussion so as to make sure that meetings get through their agendas. Care needs to be taken that discussions reach clear conclusions and/or stipulate clear actions to be taken, specifying who is responsible for taking matters forward. There should be regular reporting back about steps taken as a result of previous discussions and what the outcome was.

6.32 Forums may choose to prepare a document (constitution or remit) containing relevant information in one place which would assist in this regard. Information may include the above categories covered in schedule 2 of the Act and other matters not specified in the legislation, as deemed appropriate to the circumstances by the members of the Forum, and could include:

• name
• membership eligibility
• membership recruitment
• quorum
• maximum number of years of membership
• office bearers
• convener's duties
• vice convener
• administrative support
• meetings
• conduct of meetings/business
• motions and amendments
• voting; committees/sub-committees
• agendas; minutes
• reversal of previous resolutions
• adjournment of meetings
• Annual General Meeting
• special meetings
• appointment and removal of office bearers
• resignation and dismissal
• non-attendance at meetings
• alterations to the constitution and powers to make or amend rules
• geographical boundary
• contact details
• action/work plans
• annual report
• terms of reference

Click on the following web link to see an example of a constitution drawn up by Perth and Kinross Local Licensing Forum.

6.33 Members should endeavour to take active steps to stay in touch with the constituency of interest that they represent so that they can convey its views to the Forum.

6.34 Establishing, supporting and maintaining an effective Forum is the responsibility of the local authority. Some actions which may assist in this activity include:

• ensuring consistency of representation, including making suitable arrangements if a member is unable to attend;
• encouraging regular attendance and taking appropriate steps when attendance falters (for example, agreeing and implementing a policy for the number of meetings a member can miss before their place on the Forum is made available to others);
• publicising agendas and minutes, perhaps on the website or through social media, and taking steps to encourage people to feed their views to their representatives;
• providing opportunities for members to meet people or groups from the constituencies they represent to discuss matters of interest.

Achieving a culture of participation

6.35 As mentioned above, the National Standards for Community Engagement set out good practice principles for community engagement and are important in supporting organisations in putting the 2005 Act into practice, and provide helpful information for local authorities, Licensing Boards and Forums to follow.

6.36 Encouraging people to become involved in a Forum can be a challenge. It is noted that many Licensing Board functions reports describe issues such as Forums not achieving quorum and difficulties attracting new members. It is also noted that the membership of Forums can also sometimes become dominated towards a particular type of stakeholder, and are not always representative of the local community. For example, a recent Licensing Board functions report explains that despite attempts to encourage applications to join the Forum, there is a heavy imbalance toward local authority and health officials, with little engagement from the trade or general public.

6.37 Possible ways to address such challenges could include amending a Forum's constitution and making pro-active efforts to encourage applications. Carefully considering the time when meetings are held is important as a different time for meetings e.g. evening rather than daytime may increase participation. Surveys of members of Forums should be considered to assess whether members feel satisfied that they have had opportunities to participate and, if not, whether they have any suggestions of what could be improved.

6.38 It is accepted that differences of opinion/conflicts may arise and it is helpful for a Forum to consider how such situations might best be managed, particularly where a Forum experiences ongoing difficulties reaching consensus to the extent that it impacts on its ability to function effectively. It may be helpful to develop a procedure for how such situations would be handled if they arose which is agreed in advance by all members. For example the Aberdeen Local Licensing Forum has a section within its constitution entitled "Conduct of Meetings" which includes amongst other matters "Convenor's Duties" and "Conduct of Forum members".

Communication

6.39 Effective communication is essential for the successful operation of the Forum, both in relation to its own internal business and its place in the opinions of the public. The seven standards for effective community engagement set out previously in relation to the National Standards for Community Engagement are relevant for Forums. There is a need to systematically identify what communication needs exist, and then draw up an action plan which may include:

• how those communication needs are going to be met;
• who has responsibility for the various actions required;
• what resources are needed and who will supply them.

6.40 It is important that the Forum members debate these matters and come to an agreement, especially as some aspects affect personal privacy.

6.41 Forums may wish to consider the use of video conferencing or teleconference facilities, where available, which may be particularly useful to more rural and remote communities. Account should be taken of any such needs as meetings are arranged and business is managed.

Summary

6.42 An effective Forum has a vital role to play in local licensing arrangements, representing different communities of interest and ensuring that a breadth of views are considered, debated and inputted to Licensing Boards. Those involved in Forums should strive to ensure that a diversity of interests can participate, and be heard in a welcoming and supportive environment.