Freedom of Information

Publication Scheme

1. INTRODUCTION

This is the Publication Scheme which the Licensing Board for South Ayrshire must adopt and maintain under Section 23 of the Freedom of Information (Scotland) Act 2002.

The purpose of this publication scheme is to make it easier for the public to locate and access information published by the South Ayrshire Licensing Board. This scheme will tell you what classes of information the Board routinely makes available, where it can be accessed and whether you have to pay for it.

In adopting or reviewing its publication scheme the Board has regard to the public interest in:

(a) allowing public access to information held by it and in particular to information which:

(i) relates to the provision of services by it, the cost to it of providing them or the standards attained by services so provided; or
(ii) consists of facts, or analyses, on the basis of which decisions of importance to the public have been made by it;

(b) the publication of reasons for decisions made by it.

Whilst the Board has regard to the public interest in the information it holds, and to the value of openness and transparency, it also has regard to:

  • the quasi-judicial nature of its function, and
  • the necessity of distancing the licensing function from the political forum.

2. ABOUT THE LICENSING BOARD

The Licensing Board is a Scottish public authority as defined in Part 3 of Schedule 1 to the Freedom of Information (Scotland) Act, 2002. South Ayrshire Council elects the Board from its Elected Members. The Clerk to the Licensing Board is the Council's Head of Legal and Administration. Nevertheless, the Board is a completely separate legal entity.

The Licensing Board administers licensing of pubs, hotels, restaurants, etc. under the Licensing (Scotland) Act, 1976, as well as bookmakers and betting offices. The Licensing Board determines licensing applications at Quarterly Meetings, which are held in Ayr. All administration takes place at:

Burns House
Burns Statue Square
Ayr, KA7 1UT
Tel: 01292 616119
Fax: 01292 616263

Certain non-contentious decisions are delegated to the Clerk under the Licensing Board's regulations, such as applications for occasional licences and extensions.

3. RESPONSIBILITY FOR THE PUBLICATION SCHEME

The officer with overall responsibility for the scheme is:

Dan Russell
Head of Legal and Administration Services
Department of Development, Safety and Regulation
South Ayrshire Council
County Buildings
Wellington Square
Ayr
KA7 1DR
Tel: 01292 612132
Email: dan.russell@south-ayrshire.gov.uk

The officer responsible for the day-to-day maintenance of the scheme is:

Helen Campbell
Acting Licensing Manager
Licensing Section
Town Buildings
29 New Bridge Street
Ayr
KA7 1JX
Tel:01292 617687
Email: helen.campbell@south-ayrshire.gov.uk

4. FORMULATING THE SCHEME

This publication scheme plays a part in meeting the Board's obligations under the Freedom of Information (Scotland) Act 2002. In considering what information should be included in this publication scheme, the Board took account of:

  • The pattern of requests for information directed to the Clerk to the Board.
  • Benchmarking and networking with other Scottish public authorities.

5. EXEMPTIONS

The public's right to information is twofold:

(a) Access to information under this Scheme is automatic (subject to the exemptions discussed in this section).
(b) From 1 January 2005, the general entitlement to information under section 1 of the Freedom of Information (Scotland) Act 2002 will enable any member of the public to make a request for information that is not in this Scheme.

The Board's aim is to be as open as possible. However, information may be withheld from any of the classes of information listed below where it considers that disclosure may seriously prejudice law enforcement, legal proceedings or the Board's regulatory, administrative or quasi-judicial function or where the disclosure is otherwise prohibited by law. The Board may also withhold information subject to the test of substantial prejudice:

  • which may seriously prejudice the commercial interests or confidentiality of any person or organisation; or
  • which is personal information under the Data Protection Act 1998.

If you wish to complain about information that is being withheld from you, please read the Complaints and Feedback section below.

6. ARCHIVING POLICY

The Board's archiving policy is that documents are retained for a period of 5 years before they are either archived or destroyed.

Lists of current licence holders are updated quarterly, when the previous lists are destroyed.

7. COPYRIGHT

Unless otherwise stated, the Board reserves copyright in all information available under this publication scheme, whether that information is in electronic or hard copy format, text or graphics, and regardless of whether the copyright (©) symbol appears. Permission, therefore, must be sought before the copying of any material.

8. ACCESSING INFORMATION UNDER THE PUBLICATION SCHEME

Online: Most of the information listed in this publication scheme can be accessed via the South Ayrshire Council website at www.south-ayrshire.gov.uk/licensing

By email: If the information you request is not available on the website, but is listed in the publication scheme, we will send it you by email, if practicable.

By telephone: Information can be requested over the telephone. Please provide full contact details, including a telephone number, so that we can clarify any details if necessary.

Personal visits: For some classes of information you will have to make an appointment to view the information. In such cases, please contact the Acting Licensing Manager [see Section 3 for contact details]. If you are unable to attend in person, we will make every effort to provide you with copies of the information.

If you require information in a particular format, for example requiring a copy in larger print, Braille, another language or audio cassette, the Council will take all reasonable steps to meet your request.

Paper copies of the publication scheme will be made available at South Ayrshire Council offices and libraries.

If you have difficulty determining the information you want to see, please contact the Acting Licensing Manager [see Section 3 for contact details].

9. CHARGING POLICY

Fees for licensing applications are set by the Government. In addition, the Board reserves the right to make a nominal copying and postal charge. You will be told about any photocopying charges at the time of your request, but this will generally be at the rate of 10 pence per A4 sheet.

10. COMPLAINTS AND FEEDBACK

Feedback, including complaints about this publication scheme should be directed to the Licensing Manager in the first instance (contact details listed in Section 3).

If we are unable to resolve any complaint, you can complain to the Scottish Information Commissioner who oversees the Act and whose contact details are given below. From 1 January 2005, when the general rights of access come into force, there will be a formal appeal mechanism when information is withheld. Further details on this will be available on the Commissioner's website.

The Scottish Information Commissioner

Kinburn Castle
Doubledykes Road
St Andrews
Fife, KY16 9DS
Tel: 01334 464610
Fax: 01334 464511
Email: enquiries@itspublicknowledge.info

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