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| Scottish Parliament passes emergency Covid-19 legislation http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=35629 |
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| Author: | StuartW [ Thu Apr 02, 2020 6:27 pm ] |
| Post subject: | Scottish Parliament passes emergency Covid-19 legislation |
This is maybe a bit anoraky, but the Scottish Parliament has passed emergency legislation which deals with licensing and a whole host of other stuff. So I've tried to pick out some of the more readable licensing stuff from the various documents. The extract from the Scottish Government's press release is first, and gives some indication as to what changes have been made. The legislation itself is largely unreadable, so haven't included that. But below the brief extract from the press release I've included the relevant sections from some of the supporting documentation. Worth bearing in mind that in Scotland as long as a renewal is lodged before the expiry date then the licence remains valid until the council has dealt with it (hence the often weeks out of date plates and badges we have in Fife). I think councils normally have six months to deal with an application for a licence or renewal (and if they haven't disposed of it then it's automatically granted or renewed) but the emergency legislation has extended that by three months. The legislation also seems to have extended the period during which a council can consider a late renewal rather than treat it as a new application, from three to six months. But that still look to be at the discretion of the council - they're still not duty bound to consider late renewals, they can only do so for a longer period. (This seems to be what they've done in Fife by saying that there's no need to submit renewals in the meantime.) Note also that the emergency legislation simply gives councils more time to consider applications. Don't think it specifically extends licence durations in the way they seem to have done in Edinburgh, which I assume is up to individual councils. The other stuff seems mainly about conducting licensing hearings etc via telephone, video conferencing and emails. MSPs support Emergency Coronavirus Bill https://www.gov.scot/news/msps-support- ... irus-bill/ With both businesses and licensing authorities under unprecedented disruption as a result of the coronavirus outbreak it is likely people could lose their licences through no fault of their own. The new legislation allows for licensing authorities to extend timescales and deadlines. It also gives discretion to allow licensing hearings to be conducted by telephone, video-conferencing or by written communication, including email. Extract from Policy Memorandum https://www.parliament.scot/S5_Bills/Co ... 0(Scotland)%20Bill/SPBill66PMS052020.pdf (Note that the 'Licensing Board' refers to liquour licensing, while 'other licensing authorities' includes taxi and private hire licensing committees, not to mention the latter's other licensing responsibilities regarding scrap metal dealers, tattoo artists, skin piercing etc.) Alcohol licensing and licensing under the Civic Government (Scotland) Act 1982 (schedule 5 and paragraph 1 of schedule 6) The coronavirus outbreak 338 The Licensing (Scotland) Act 2005 (“the 2005 Act”) and the Civic Government (Scotland) Act 1982 (“the 1982 Act”) contain provision for the licensing of different activities such as the sale and supply of alcohol (in the 2005 Act) and taxi and private hire (in the 1982 Act). These licensing regimes contain a considerable number of strict timescales and deadlines with little or no discretion available to relevant authorities if they not adhered to. With both businesses and licensing authorities under unprecedented disruption as a result of the coronavirus outbreak, it is likely that people could lose their licences through no fault of their own. The provisions in the Bill are intended to provide additional flexibility and discretion to help minimise licence holders (such as individuals and businesses) and other key licensing interests being adversely affected. 339 In certain circumstances Licensing Boards (under the 2005 Act) and licensing authorities and local authorities (under the 1982 Act) are obliged to hold hearings. The holding of hearings will be difficult and subject to disruption as a result of the coronavirus outbreak. Accordingly, the Bill contains provision which gives new discretion to not hold in person hearings and to instead provide alternative means for persons to be heard by telephone, video-conferencing or by written communication (including electronic communication). There will also be discretion to dispense with the requirement to hold meetings in public. This is to ensure that Licensing Boards and other licensing authorities can act consistently with social distancing and other requirements. Policy objectives 340 The Scottish Government considers the provisions in the Bill to be a pragmatic response to the coronavirus outbreak. In some areas, they empower the relevant licensing authority to extend timescales and deadlines. In other areas, they give further time to key licensing partners such as Police Scotland when views are being sought on licensing decisions. In some other areas, discretion is given to excuse the failure to meet a relevant deadline or other procedural step if the relevant authority considers it reasonable. As a package, the changes are designed to minimise the chances of licence holders’ right to hold and keep a licence being adversely affected through no fault of their own as a result of the coronavirus outbreak. 341 There is also a change to the current powers for Licensing Boards under the 2005 Act to relieve procedural failings. Currently, a Licensing Board may relieve any applicant or other party to proceedings before the Board of any failure to comply with any procedural provision if the failure is due to mistake, oversight or other excusable cause, and the Board considers it appropriate in all the circumstance to relieve the failure. This power does not exist in relation to relieving procedural failures on the part of the Board itself and the Bill makes provision in this area where this arises as a result of the Coronavirus outbreak. Necessity and urgency 342 Without the changes provided for in the Bill relating to licensing, there is a high risk of significant numbers of licensing interests, such as those holding premises licences which authorise the sale and supply of alcohol, being unable to adhere to the strict statutory rules that apply. In the context of the coronavirus outbreak, the Scottish Government does not consider that anyone should be penalised due to being unable to adhere to the normal rules through no fault of their own. Consultation 343 No formal consultation has taken place, but the Scottish Government has engaged with a limited number of key licensing stakeholders including representatives of SOLAR (Scottish Local Authority Lawyers and Administrators), the Law Society and legal experts in licensing law. They are all broadly supportive of the provisions as being necessary and pragmatic in dealing with the impact of the coronavirus outbreak on the normal operation of different licensing regimes. Alternative approaches 344 The Scottish Government does not consider that any approach other than primary legislation would meet the policy objective. While there is some limited capability for Licensing Boards to be able to relieve the failure by an applicant or any other party to proceedings before the Board in complying with procedural provision, this power is limited and also does not apply to the Licensing Board itself. Effects on equal opportunities, human rights, island communities, local government, sustainable development, etc. 345 The Scottish Government has assessed the potential impact of the proposed measure on equal opportunities and has determined it does not unlawfully discriminate in any way with respect to any of the protected characteristics (including age, disability, sex, pregnancy and maternity, gender reassignment, sexual orientation, race, religion or belief, marriage or civil partnership), either directly or indirectly. 346 The Scottish Government has assessed the potential impact of the proposed measure on human rights and is satisfied that the provisions of the Bill relating to licensing are compatible with Convention rights. To the extent that decision making by, and proceedings before, Licensing Boards and licensing authorities engage the protections of Article 6 (right to fair determination of civil rights and obligations), the Scottish Government is of the view that no issues arise as a result of the provisions. The provisions of the Bill change various time periods and build more flexibility into the licensing regimes but that does not affect an individual’s ability to make applications or representations to Licensing Boards or licensing authorities. Where a hearing cannot be held in person for reasons related to coronavirus, the provisions of the Bill require Licensing Boards and licensing authorities to provide an opportunity to persons to be heard by telephone,videoconferencing or written representations (including electronic communications). It also remains possible for decisions of Licensing Boards and licensing authorities to be appealed and for judicial review proceedings to be taken. Accordingly, the Scottish Government is satisfied that there are sufficient safeguards to enable proceedings to remain compatible with Article 6 of the Convention. 347 The Scottish Ministers are aware of the duty to consult island communities before making a material change to any policy, strategy or service which, in the Scottish Ministers’ opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities. The Scottish Government has assessed the potential impact of the proposed measure on island communities and has determined it will have no significantly different impact on island communities. No detrimental effects are anticipated. 348 The Scottish Government has assessed the potential impact of the proposed measure on local government and has determined that no adverse effect on local government is anticipated. 349 The Scottish Government has assessed the potential impact of the proposed measure on sustainable development and no detrimental effects are anticipated. Extract from Explanatory Notes https://www.parliament.scot/S5_Bills/Co ... 0(Scotland)%20Bill/SPBill66ENS052020.pdf Licensing other than alcohol licensing 224. Paragraph 1 of schedule 6 of the Bill sets out a number of modifications to the operation of provisions in the Civic Government (Scotland) Act 1982 (“the 1982 Act”) and the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43). 225. Section 3 of the 1982 Act makes provision for the discharge of functions of licensing authorities. Paragraph 1(2) of schedule 6 adjusts certain timescales contained within section 3 of the 1982 Act to the effect that a licensing authority has an additional three months to consider an application before an application for a licence will be deemed to have been granted, renewed or varied (as the case may be). [...] 226. Section 7 of the 1982 Act makes provision for certain offences under the 1982 Act. Section 7(7) of the 1982 Act requires the clerk of the court to transmit information relating to such offences to licensing authorities within 6 days after the date of conviction. Paragraph 1(3) of schedule 6 modifies section 7 to provide some flexibility for the clerk of the court (if needed due to the coronavirus outbreak) to transmit the required information after that time period. Similar changes are made by paragraph 1(4) in relation to the operation of section 27 of the 1982 Act (functions of the court in relation to second-hand dealers convicted of offences) and paragraph 1(5) in relation to the operation of section 35 of the 1982 Act (functions of the court in relation to metal dealers convicted of offences). 227. Section 133 of the 1982 Act makes provision for the interpretation of various terms in that Act. Paragraph 1(6) of schedule 6 of the Bill has the effect of modifying section 133of the 1982 Act as if there were inserted a definition of “coronavirus” into that Act. 228. Schedule 1 of the 1982 Act makes further general provision about the licensing system. Paragraph 1(7) of schedule 6 makes a number of changes to the operation of schedule 1 including flexibility about how a licensing authority can publish certain information and extending timescales for carrying out certain activities. This includes provision extending to three months the time period within which a licensing authority can accept, on good cause being shown, late applications for renewal of a licence (see paragraph 1(7)(b) of schedule 6). Paragraph 1(7) of schedule 6 also makes provision which provides flexibility for the licensing authority to decide that if it cannot hold a hearing in person due to coronavirus, then the authority may give the person who would have been heard at a hearing the opportunity to be heard either by telephone, in written communication or, where available, by video conference. Provision is also made to ensure that any relevant procedural requirements are classed as being adhered to notwithstanding a hearing in person has not taken place. |
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| Author: | StuartW [ Thu Apr 02, 2020 6:29 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
Quote: The Scottish Government has assessed the potential impact of the proposed measure on local government and has determined that no adverse effect on local government is anticipated. Not much 
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| Author: | Sussex [ Thu Apr 02, 2020 7:44 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
Maybe the Act should have just said 'F*** the rules, let's just get to the other side as best we can'. Because that's all we really need. |
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| Author: | skippy41 [ Sun May 17, 2020 6:21 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
Perhaps if SBC would catch up with the rest of Scotland and issue a 3 year badge, and at no extra cost, just renewed mine at £92 for the year, yet Dumfrise and Galloway are £90 for 3 years Edinburgh and Glasgow slightly more, but for 3 years |
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| Author: | StuartW [ Sun May 17, 2020 6:47 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
skippy41 wrote: Perhaps if SBC would catch up with the rest of Scotland and issue a 3 year badge, and at no extra cost, just renewed mine at £92 for the year, yet Dumfrise and Galloway are £90 for 3 years Edinburgh and Glasgow slightly more, but for 3 years D&G ridiculously cheap, though? Wonder why that is? In Fife we're £65 for one year, £160 for three years. Includes everything except the passport photos  Plates £220/£505, which includes testing and plates (but not retests or substitutions). So for badge and plate I'm saving two hundred pounds with the three year licences (including the saving on passport photos  ).Which is why I'd prefer to borrow money to pay for three-year licences in the summer rather than go for the cheaper option. Plus there's something about the whole process that stresses me out at the best of times, so I prefer to do it every three years rather than anually. In particular, there's no new plate required to be fitted every year, which usually entails a good bit of fannying around 
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| Author: | skippy41 [ Fri May 22, 2020 12:09 am ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
StuartW wrote: skippy41 wrote: Perhaps if SBC would catch up with the rest of Scotland and issue a 3 year badge, and at no extra cost, just renewed mine at £92 for the year, yet Dumfrise and Galloway are £90 for 3 years Edinburgh and Glasgow slightly more, but for 3 years D&G ridiculously cheap, though? Wonder why that is? In Fife we're £65 for one year, £160 for three years. Includes everything except the passport photos Plates £220/£505, which includes testing and plates (but not retests or substitutions). So for badge and plate I'm saving two hundred pounds with the three year licences (including the saving on passport photos ).Which is why I'd prefer to borrow money to pay for three-year licences in the summer rather than go for the cheaper option. Plus there's something about the whole process that stresses me out at the best of times, so I prefer to do it every three years rather than anually. In particular, there's no new plate required to be fitted every year, which usually entails a good bit of fannying around Once you have a plate from the council you keep that plate for as long as you need it, we don't have vehicle details or expiry dates on ours, so if we change a car, we just use the same plate after paying a small transfer fee, the annual vehicle licence includes test at £204 |
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| Author: | bloodnock [ Fri May 22, 2020 12:43 am ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
skippy41 wrote: StuartW wrote: skippy41 wrote: Perhaps if SBC would catch up with the rest of Scotland and issue a 3 year badge, and at no extra cost, just renewed mine at £92 for the year, yet Dumfrise and Galloway are £90 for 3 years Edinburgh and Glasgow slightly more, but for 3 years D&G ridiculously cheap, though? Wonder why that is? In Fife we're £65 for one year, £160 for three years. Includes everything except the passport photos Plates £220/£505, which includes testing and plates (but not retests or substitutions). So for badge and plate I'm saving two hundred pounds with the three year licences (including the saving on passport photos ).Which is why I'd prefer to borrow money to pay for three-year licences in the summer rather than go for the cheaper option. Plus there's something about the whole process that stresses me out at the best of times, so I prefer to do it every three years rather than anually. In particular, there's no new plate required to be fitted every year, which usually entails a good bit of fannying around Once you have a plate from the council you keep that plate for as long as you need it, we don't have vehicle details or expiry dates on ours, so if we change a car, we just use the same plate after paying a small transfer fee, the annual vehicle licence includes test at £204 Now up to £216 Skip. |
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| Author: | Sussex [ Fri May 22, 2020 5:00 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
I see the Scottish Gov are amending their rules to allow sunbathing in public. 
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| Author: | bloodnock [ Fri May 22, 2020 5:14 pm ] |
| Post subject: | Re: Scottish Parliament passes emergency Covid-19 legislatio |
Sussex wrote: I see the Scottish Gov are amending their rules to allow sunbathing in public. Why not..It's Sunny here today, well it is inbetween the squally showers driven along by gale force winds which are bringing branches down. |
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