Ending Butchers' Shop Licensing Scotland

These would amend the current butchers, licensing arrangements by removing the requirement that any such licences remain in force for a period of one year.

The effect of this change would be that, from the date the Scottish Statutory Instrument comes into force, the validity of current butchers� shop licences in Scotland would automatically be extended (regardless of any expiry date that may be mentioned in them). This would mean that existing licences would remain in force until the Food Hygiene (Scotland) Regulations 2005 take effect, thereby bringing butchers licensing arrangements formally to an end. The intention would be to have these measures in place in time so they achieve the desired outcome in relation to the upcoming licensing round.

There is separate butchers licensing legislation in England, Wales and Northern Ireland, and arrangements in those countries are being handled separately.

Background

Butcher shop licensing was introduced in Scotland in May 2000 following a recommendation of the Pennington Group, which examined the fatal outbreak of E.coli O157 food poisoning in Central Scotland in 1996. The Pennington Group recommended licensing of butcher shops as a temporary measure, pending the introduction of a HACCP requirement for all food businesses through EU legislation. The licensing rules require all retail butchers selling both unwrapped raw meat and ready to eat food to be licensed by their local food authority. Butchers subject to licensing must satisfy certain hygiene conditions, in addition to general food hygiene requirements, before a licence can be issued. Licences, issued by Local Authorities in Scotland, cost
100 and remain in force for a period of one year.

New EU hygiene regulations taking effect from 1 January 2006 introduce requirements substantially equivalent to the current butchers licensing requirements, including a HACCP procedures requirement for all food businesses. The FSA Board decided at its open meeting on 10 March 2005 that national butchers� licensing legislation should not be remade when the new EU hygiene rules take effect. In consequence, the national butchers� licensing legislation is being withdrawn from that date.

Issue

Current butchers� licensing requirements specify that a licence lasts for 12 months and that the issuing authority must impose a fee of
100. In Scotland applications must be received at least 42 days in advance, but may be received up to 4 months in advance. The legislation was introduced in May 2000, and licences were required from 2 October 2000. Licences issued in the transitional period started from 2 October 2000, as the vast majority of the licensed butchers in Scotland fall to be licensed on or around October each year.

8. The Food Standards Agency Scotland (FSA Scotland) has received representations from industry and enforcement authorities that a means needs to be found to end licensing in a way that delivers fair charges for businesses, a balanced approach to bureaucracy and a consistent approach across the country. Unless the licensing system is amended, most licensed butchers will be required to obtain new licences, at a cost of
100, to cover the October/December 2005 period.

Options

Against this background, the Agency has considered 3 options, bearing in mind the paramount need to maintain public health protection.

Option A: Do nothing

This would not address the representations. Butchers would have to undertake the application process and pay the
100 fee for a licence that will not be required after the end of this year. Local Authorities would have to decide whether to issue the licences. Although they would be free to waive the fee if they wish, they could be asked to justify any such decision e.g. by a district auditor. Local Authorities could also choose to ignore other aspects of the regulations but would be open to Judicial Review. This option would maintain the existing level of public health protection.

Option B: Licence, as normal, but remove the fee.

This would provide consistency, reduce costs for businesses and ensure standards in butcher shops are maintained. But it would not address the administrative burdens associated with submitting applications and deciding whether to issue the licences. Local Authorities would not be able to recover any of their administration costs. Any new businesses would be able to obtain a licence free of charge.

Option C: Extend the duration of existing licences to 31 December 2005.

This would mean there would be no need for currently licensed businesses to submit applications or pay a fee. Local Authorities would not need to decide whether to issue licences that would last only about 3 months. This option would significantly reduce the cost and administrative burden on butchers and local authorities while ensuring continuity of public health protection by retaining the butchers� licensing conditions unaltered until the new hygiene rules take effect. Any new businesses would apply and pay the fee in the current way.

Associated considerations

The Food Standards Agency has considered whether a non-regulatory approach would be possible to achieve Option C. It has concluded that, because it is legislation which, for example, both imposes the statutory duty on Local Authorities to charge a fee of
100, and sets out the duration of the licence, that a regulatory route cannot be avoided.

Proposal

The Agency considers that it would constitute an unjustifiable burden on businesses and Local Authorities, bearing in mind butchers licensing is being withdrawn at the end of the year, to insist upon a full licensing round as would be necessary under existing legislation.

Option C is considered by the FSA to offer the best balance between protecting public health and responding positively to the concerns expressed about bureaucracy and costs associated with a system that is being brought to an end. The Agency is therefore consulting on a proposal for legislation to give effect to Option C, and a draft Scottish Statutory Instrument is attached below. With this approach, Local Authorities would not need to take any action to extend the validity of current licences, regardless of any time limit that may have been mentioned in the licence itself. This is because the effect of the Scottish Statutory Instrument is to remove the requirement for any licences to remain in force for a period of one year, effectively nullifying any time limit applied in current licences.

If FSA Scotland does propose to Scottish Ministers to regulate in the way indicated, the Agency will also need to have considered how best to publicise the legislation concerned, and its effect. Your views on this are also most welcome.

Queries

Enquiries relating to the contents of this letter can be addressed to the contact given in paragraph 4.

Comments on the consultation process itself

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk