Lothian and Borders police have initiated a sinister test which appears to marginalise the Chinese licensing community. Janet Hood is on the case and ready to give the boys in blue a clip round the ear.

The Leith Police dismisseth us - well they certainly do if you can’t speak English and want to hold a personal licence in Edinburgh.  
The law with regard to holding a personal licence is as follows - if you are over 18, have obtained Scottish Certificate for Personal Licence Holders (SCPLH) and have no relevant convictions which might cause the police to serve the board with a notice in terms of the prevention of crime objective  the Licensing Board MUST grant your licence.

The SQA (Scottish Qualifications Authority) determine if qualifications are fit for purpose and approve them on behalf of the Scottish ministers. The SCPLH has been translated into Mandarin and is offered to the Chinese community in their own language. This enables those taking the exam in their own language to become au fait (whoops) and cognisant with the law. The SQA recognise the qualification.  

Lothian and Borders police have decided when interviewing potential personal licence holders to examine them as to their understanding of the law. This is in itself interesting and not part of my understanding of the duties of the police as laid down in the Act. What is more the police are not, as far as I am aware, trained to carry out such examinations.

Given that these applicants have already passed am exam what purpose is this further test meant to prove? Well it may prove two things: 1. The applicant doesn’t speak English or 2. The police don’t speak Mandarin.  

How many non-lawyers can answer questions about the law under pressure? Few. And I submit that one is under pressure when being interviewed by the police.  

Lothian and Borders police have stated that they intend to continue to carry out such exams and will report negatively to the licensing board if applicants are unable to demonstrate their understanding of the Licensing (Scotland) Act 2005 as amended. They say they are concerned that persons who cannot pass the police “exam” would not be able to train their staff and that the police actions are likely to prevent breaches of the five licensing objectives. It is my understanding that there are very few problems with the Chinese community and that in fact their businesses are in general well run and cause little difficulty for neighbours and the general public alike.  

If problems occur with the running of  any licensed premises the police, the licensing standard’s  officer or any other person can seek a review of the licence. That is the appropriate time for intervention.  

I am concerned that the actions of Lothian and Borders police could lead to the Chinese community or other ethnic communities feeling marginalised and in these difficult financial times could cause harm to businesses which serve us well and have hitherto flourished in our community for years. Perhaps it is time for the force to consider their own actions in terms of the relevant legislation and comply.  

On a lighter note the snow seems to have melted (for now) and Scotland is back to normal. There have been a lot of comments in the press  about the running of trains in Siberia and snow clearing practices in Finland where they would anticipate huge amounts of snow and ice and be geared up to deal with it.  Well, we don’t live in either of those places. We live here where there has been virtually no real winter for a number of years. In fact until recently it has been difficult to tell the difference between July and November. Local authorities have to take care of their budgets and in my opinion have done a very good job getting us moving.  The boys clearing the snow in Aberdeenshire and Tayside did sterling work keeping the roads open and traffic moving in very difficult conditions. So let’s stop moaning. The one thing that does appear to have changed since the days of my youth - she says tottering into the room  - is that shopkeepers no longer clear their frontages. Why not? Because they might get sued if someone slips on the pavement where there was an invitation to tread. Well let’s get real. Clear the snow, spread some grit and perhaps people will actually come out and go into your shops. They do it in Comrie!  

If you ask me we have to get some courage back, we have to exercise common sense and we have to contribute generally to our community. Feel afraid?  Just do it. And do it right. We might get back to running our own lives and start to loosen Nanny Scotland’s apron strings.