LICENSING (SCOTLAND) (Hansard, 29 January 1969)

§ Miss Margaret Herbison (Lanarkshire, North)

I beg to move, That leave be given to bring in a Bill to amend the Licensing (Scotland) Act, 1959 so as to make provision for the establishment of licensing courts for new small burghs formed under section 133 of the Local Government (Scotland) Act, 1947; and for purposes connected therewith. I wish to make clear that my Bill would apply only to new small burghs. At present, no new small burgh can have its own licensing court until after a census of population has been taken. Since a general census of population is taken only every 10 years, a new small burgh under present legislation can be denied its own licensing court for, perhaps, 11 years after its formation.

The next census is not due until 1971. But, according to the Second Report of the Guest Committee on Scottish Licensing Law, the Secretary of State has been advised that an order establishing a new licensing court must be based not on provisional but on final census figures, and it may be as long as two years after the census before the final figures are available.

Here is an example from my own constituency. The small Burgh of Bishop-briggs was established in May, 1964. Under the present law, this burgh cannot have its own licensing court until at least 1973, nine years after its formation. Bishopbriggs has a population of about 19,000, but no licensing court of its own, whereas older small burghs with populations of 7,000 or more have their own licensing court.

Since the siting of licensed premises is of considerable importance to the residents 1340 in a locality, I believe strongly that small new burghs ought to have the right to make their own decisions on licensing matters. They can do this, however, only if they have their own licensing court. The Guest Committee made a recommendation to this effect. In recommendation 5, the Committee said: It should be permissible for the Secretary of State to take cognisance, for licensing purposes, at any time of changes in boundaries or population resulting from the creation of new burghs … That is exactly the power which we wish to give to the Secretary of State if leave is given to bring in the Bill. Instead of having to wait a considerable time and until a general census has been taken, the Secretary of State would be empowered to use figures of population supplied to him by the Registrar-General for the purposes of establishing a licensing court for new small burghs.

The Bill is non-party, it furthers local democracy, and I commend it to the House.