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This bill was introduced in March 2009 by Cabinet Secretary Kenny MacAskill MSP. The bill seeks to make changes to the Civic Government (Scotland) Act, 1982, to the detriment of our sports clubs. The current statute states:
"A market operator's licence shall not be required for carrying; on either of the following-
(a) functions held by charitable, religious, youth, recreational, community, political or similar organisations".
Section 125, Subsection 2, line 25, as it pertains to the Civic Government Act (Scotland), 1982, Section 40, Subsection 2.
However, the Criminal Justice and Licensing Bill seeks to repeal this exemption and allow Local Authorities to charge sports clubs for a market operators licence. The outcome of this would be that many fundraising events undertaken by sports clubs would become unprofitable. Having picked up on this, the SSA submitted evidence on behalf of our members to the relevant committees in the Parliament to highlight the negative connotations that this bill would have for our sports clubs.
On the 26th of November, the Bill was put before the Parliament for the Stage 1 debate into the principles of the Bill. Prior to this, we contacted the 4 main parties to inform them of our submission. Our concerns were acknowledged, and an amendment to the bill to uphold this exemption was widely supported amongst the parties.
In comments preceding the debate, the Scottish Liberal Democrat Justice spokesperson Robert Brown MSP:
"This is red tape and bureaucracy gone mad. It would have a serious impact on charities and community groups looking to run local events. It isn't fair that groups working to enhance our local communities are going to be penalised."
In addition to this, Scottish Conservative MSP John Lamont made a substantial effort to raise awareness to the negative implications that this bill will have on our sports clubs. Speaking in the debate, Mr Lamont said;
"Many of the funds that clubs receive from the sale of goods to the public are accrued in relatively small amounts. If they are required to obtain a market operators' licence for such fundraising activities, it is clear that the situation may become unviable."
He continued by suggesting that the Government was unable to substantiate claims of supporting Scottish sport made in "On your marks... Get set... Go: A games legacy for Scotland" whilst handing down further financial and legislative burdens to our sports clubs.
Further support for changes to the bill was received from Scottish Labour MSP, and member of the Justice Committee Cathie Craigie:
"This legislation is unfair and threatens community groups and charities....This could place an onerous and entirely unnecessary burden on community groups. Scottish Labour will amend the Bill to save our fêtes and community sports fund-raising events from this ill thought out policy."
It was made clear during the debate in the chamber that the bill would pass stage 1 without contention. However, amendments have been submitted to alter this bill for the benefit of sports clubs around Scotland. The amendments have strong support from the 3 parties mentioned above and the Scottish Sports Association is committed to supporting them in their work
The SSA has contacted the relevant MSP's who have shown their support for our local community sports clubs and charity organisations and we have reiterated the harmful consequences that this change in law will have on our clubs and will offer the full support of the SSA in the proposing of amendments by the MSP's.
If you have any questions regarding the Criminal Justice and Licensing Bill please contact David McColgan on 0131 339 8785 or
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