Guide to the Freedom of Information Publication Scheme - Licensing Divisions
Licensing Division No 3 - Hamilton area
Availability and formats
The information we publish through the model scheme is, wherever possible, available on this website. We offer alternative arrangements for people who do not want to, or cannot, access the information online or by inspection at our premises. For example, we can arrange to send information to you in paper copy (although there may be a charge for this).
All of our written information is also available on request, in a range of different formats and languages.
We will publish the information we hold that falls within the classes of information below. If a document contains information that is exempt under Scotland’s freedom of information laws (for example sensitive personal information or a trade secret), we may remove or redact the information before publication but we will explain why.
The Board holds the copyright for the vast majority of information in this publication scheme. Where the Board holds the copyright in its published information, the information may be copied or reproduced without formal permission, provided that:
- it is copied or reproduced accurately
- it is not used in a misleading context
- the source of the material is identified
Where the Board does not hold the copyright in information we publish, we will make this clear.
This section explains when we may make a charge for our publications and how any charge will be calculated.
For photocopying, we will charge a standard rate of 10p per A4 side of paper (black and white copy) and 30p per A4 side of paper (colour copy).
There is no charge to view information on our website or at our premises or where it can be sent to you electronically by email.
We may charge for providing information to you e.g. photocopying and postage, but we will charge you no more than it actually costs us to do so. We will always tell you what the cost is before providing the information to you.
Information provided on CD-Rom will be charged at £1.00 per computer disc.
Postage costs will be recharged at the rate we pay to send the information to you.
When providing copies of pre-printed publications, we will charge no more than the cost per copy of the total print run.
We do not pass any other costs on to you in relation to our published information.
We do charge in relation to information not published under this scheme.
General information request:
- there will be no charge for information requests which cost us £100 or less to produce
- where information costs between £100 and £600 to provide to you, you may be asked to pay 10% of the cost. That is, if you were to ask for information that cost us £600 to provide, you would be asked to pay £50, that calculated on the basis of a waiver for the first £100 and 10% of the remaining £500
- we are not obliged to respond to requests for non-environmental information which will cost us over £600 to process
- where environmental information costs over £600 to provide to you, we may ask you to pay the additional cost over that amount in full. For example, if you were to ask us for information that costs us £800 to provide, you may be asked to pay £250. This fee would be calculated on the basis of a waiver for the first £100 costs of providing the information, 10% of the next £500 costs, and full cost recovery for cost over £600 (in this example, £200)
- in calculating any fee, staff time will be calculated at actual cost per staff member hourly salary rate to a maximum of £15 per person per hour
- we do not charge for the time to determine whether we hold the information requested, nor for the time it takes to decide whether the information can be released. Charges may be made for locating, retrieving and providing information to you; and
- in the event that we decide to impose a charge we will issue you with notification of the charge (a fees notice) and how it has been calculated. You will have three months from the date of issue of the fees notice in which to decide whether to pay the charge. The information will be provided to you on payment of the charge. If you decide not to proceed with the request there will be no charge to you
Request for your own personal data
The Act does not give a person the right to obtain copies of information which the Board may hold about them personally. You are however entitled to request your personal data from the Board under the Subject Access provisions contained in Section 7 of the Data Protection Act 1998.
The Board may charge a maximum fee of £10 for providing your own personal data.
Requests for information in terms of Section 7 of the Data Protection Act must be:
- made in writing
- give your name and address
- include proof of your identity
- specify the information or documents sought and
- include any fee applicable
Such requests should be addressed to the Clerk to the Licensing Board.
You can contact the Clerk to the Licensing Board for assistance with any aspect of this publication scheme.
We will also be pleased to advise you how to ask for information that we do not publish, or how to complain if you are dissatisfied with any aspect of this publication scheme.
The classes of information that we publish
We publish information that we hold within the following classes. Once information is published under a class we will continue to make it available for the current and previous two financial years.
Where information has been updated or superseded, only the current version will be available. If you would like to see previous versions, you may make a request to us for that information.
Class 1 - About South Lanarkshire Licensing Division No 3 - Hamilton
The Licensing Board is a Scottish public authority as defined in Part 3 of Schedule 1 of the Act. South Lanarkshire’s Licensing Board is divided into 4 Divisional Boards. Each Licensing Division is a separate legal entity.
The Board is a separate legal entity from the Council. It does not employ any staff or own any assets. All staff carrying out the Board’s responsibilities are recruited and employed by the Council. The Council provides accommodation for the meetings of the Board and necessary expenses for the work of the Board. All revenue received by the Board from licence application fees must be transferred to the Council and the Board’s budget is held by the Council.
The Board makes decisions on policies and applications. It is assisted and advised in its work by its Clerk, who is the Head of Administration and Legal Services within the Council. The Clerk is assisted by officials of the Licensing and Registration Team within Administration and Legal Services.
Normal working hours for the Board and its staff are 8.45am to 4.45pm Mondays to Thursdays and Fridays 8.45am – 4.15pm.
Any enquiries or complaints regarding the Board’s work can be directed to Clerk to the Licensing Board.
The Board’s charging schedule for published information and environmental information is shown in the Charges section above.
Class 2 - How we deliver our functions and services
The Licensing Division is responsible for administering the alcohol licensing system under the Licensing (Scotland) Act 2005 within the Hamilton area of South Lanarkshire.
The Licensing Division also deals with applications for premises licences and permissions under the Gambling Act 2005.
These policies contain Schemes of Delegation which provide that some decisions are delegated to the Clerk to the Board, whilst others must be made by the Board.
We are also required to publish a policy our Multi-Equality Strategy on how we are complying with the Equality Act 2010.
Information about the types of alcohol licence applications we deal with, application forms, criteria, fees and guidelines.
Information about the types of gambling applications we deal with, application forms, criteria and fees and guidance.
Class 3 - How we take decisions and what we have decided
The Board takes decisions in accordance with the Licensing (Scotland) Act 2005 and the Gambling Act 2005.
The Board is required to advertise some types of applications to enable public comment. The Board also carries out, from time to time, public consultations on matters such as its policies.
Class 4 - What we spend and how we spend it
The Board is a separate legal entity from the Council. It does not own any assets. The Council provides accommodation for the meetings of the Board and necessary expenses for the work of the Board. All revenue received by the Board from licence application fees must be transferred to the Council and the Board’s budget is held by the Council.
The Council’s Model Scheme of Publication and Guide to Information.
Class 5 - How we manage our human, physical and information resources
The Board is a separate legal entity from the Council.
It comprises ten elected members of South Lanarkshire Council.
It does not employ any staff or own any assets.
It is assisted and advised in its work by its Depute Clerk who is the Licensing and Registration Manager within the Licensing and Registration Team, Administration and Legal Services within the Council. The Depute Clerk is assisted by Solicitors from mainstream Legal and officials from the Licensing and Registration Team within Administration and Legal Services.
All staff carrying out the Board’s responsibilities are recruited and employed by the Council.
The Council provides accommodation for the meetings of the Board.
Class 6 - How we procure goods and services from external providers
The Board does not hold information within this class. Goods and services are procured by the Council rather than the Board.
Class 7 - How we are performing
The Board processes applications in accordance with internal performance indicators which are as follows:
Liquor board -
Advertise notice of board dates – from 1 October 2011
should receive licence/decision within 10 working days of Licensing Board taking place should be advertised eight weeks before
Acknowledge all within two working days and
These timescales are shorter than the timescales provided under alcohol and gambling licensing legislation.
The Board produces policies in accordance with timescales provided under legislation dealing with alcohol and gambling licensing, the equality duty and the publication of a scheme explaining how to access information which it holds.
Primary legislation and secondary regulations are published at http://www.legislation.gov.uk/.
Class 8 - Our commercial publications
The Board does not hold information within this class.