- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Tuesday, 05 February 2008
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Current Status:
Answered by Linda Fabiani on 3 March 2008
To ask the Scottish Executive how many objections to planning applications which were at the time being considered at a national level have been received from Historic Scotland since 1999.
Answer
The information requested is not available from 1999, however, information is available from 1 April 2005. Since then, Historic Scotland has objected to three planning applications which were subsequently called in and has itself recommended call in of four applications for listed building consent.
Of these, one planning application was subsequently refused planning permission whilst all of the listed building consents were subsequently refused.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Tuesday, 05 February 2008
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Current Status:
Answered by Linda Fabiani on 3 March 2008
To ask the Scottish Executive what it considers that the role of Historic Scotland should be in planning applications near sensitive historical sites.
Answer
Historic Scotland''s role in planning applications near sensitive sites is to provide advice to planning authorities on the potential impact of a proposed development on historic sites of national interest. These are scheduled monuments and their settings, category A listed buildings and their settings and sites included in the
Inventory of Gardens and Designed Landscapes in Scotland. Where it considers that there would be sufficient adverse impact on the national importance of one or more of these historic sites, Historic Scotland will object on behalf of Scottish ministers. Where it considers there is a lesser impact, Historic Scotland may recommend that the planning authority impose appropriate planning conditions to mitigate the impact.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 21 February 2008
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Current Status:
Answered by Kenny MacAskill on 29 February 2008
To ask the Scottish Executive what the reasons are for the current levels of licensing fees, in light of submissions to the consultation on licensing fees related to the Licensing (Scotland) Act 2005 from the Federation of Small Businesses and the Scottish Grocers’ Federation arguing for greater progressivity, especially at the higher end of the rateable values’ scale.
Answer
The Licensing (Fees) (Scotland) Regulations 2007 provide for various fees to be charged by licensing boards. They were discussed in detail by the Justice Committee.
The premises licence application fee and annual fee are set by licensing boards within the parameters set by the regulations. Premises will fall into one of six fee bands according to the rateable value of the premises. These bands were recommended in an independent research report and were the subject of consultation. Although some organisations requested higher bandings into which their competitors would fall, the fee system is about the cost of administering the licensing system, including the cost of processing applications and not about linking the fee to the volume of alcohol a premises sells. The fee structure in the 2007 Regulations is more progressive than the current arrangement under the Licensing (Scotland) Act 1976, where there is a flat fee for all applications.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 21 February 2008
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Current Status:
Answered by Kenny MacAskill on 29 February 2008
To ask the Scottish Executive what its position is in respect of the Scottish Beer and Pub Association’s submission to the consultation on licensing fees related to the Licensing (Scotland) Act 2005 that the fee structure should be reviewed in 2010.
Answer
The Scottish Government plans to ask the Accounts Commission to review the operation of the fee system introduced by the Licensing (Fees) (Scotland) Regulations 2007 after the Licensing (Scotland) Act 2005 comes fully into force in September 2009.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 21 February 2008
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Current Status:
Answered by Kenny MacAskill on 29 February 2008
To ask the Scottish Executive whether it has discussed alcohol licensing fees at meetings with the Federation of Small Businesses or the Scottish Grocers’ Federation.
Answer
The Scottish Government has an ongoing dialogue and constructive relationship with the Scottish Grocers'' Federation. Fees have been discussed as part of discussions on various licensing matters. No meetings have taken place with the Federation of Small Business on licensing fees although the FSB did submit a response to our consultation on the issue.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Friday, 01 February 2008
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Current Status:
Answered by Stewart Stevenson on 29 February 2008
To ask the Scottish Executive whether it is aware of any activities by Scottish Water or other public agencies in the area of the River Devon and Glendevon reservoir on 26 January 2008 which could have resulted in a substantial change in water levels on the River Devon that day.
Answer
Scottish Water has confirmed that it did not carry out any activities in the reservoir system connected to the River Devon which could have resulted in a substantial change in water levels on the River Devon on 26 January 2008. Scottish Water''s reservoirs in this area actually act as a buffer in periods of heavy rainfall and reduce the rate that water enters the River Devon by absorbing rainfall into the body of the reservoir.
On 26 January 2008, river levels would have been affected by the unprecedented level of rainfall which had occurred over the previous three days, with especially heavy rainfall on 25 January. Scottish Water records rainfall levels on site and this information is regularly provided to the Met Office. Over the three day period from 23 January to 25 January 2008, Scottish Water recorded rainfall levels of 182mm. The rainfall on 25 January was 99.2mm, and records from 1950 to 2008 show that this is the highest level of rainfall ever recorded within a 24-hour period at this location. Prior to this, the highest level of rainfall within a 24-hour period had been 70.9mm on 2 May 1982.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Wednesday, 06 February 2008
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Current Status:
Answered by Stewart Maxwell on 25 February 2008
To ask the Scottish Executive whether it is satisfied that temporary bed and breakfast accommodation in the event of homelessness is a sufficiently safe option for those who have previously worked with convicted criminals in a professional context and would have significant concerns about their own personal safety in such circumstances.
Answer
The Homeless Persons (Unsuitable Accommodation) (Scotland) Order (2004) prohibits the routine use of unsuitable temporary accommodation for homeless households with children or pregnant women. The order does not explicitly prevent the use of bed and breakfast accommodation, rather it requires that such accommodation meet the standards set out in the order.
More generally with regard to all homeless households, the policy is that the use of bed and breakfast accommodation should be minimised. The Code of Guidance on homelessness states that local authorities should only use bed and breakfast to provide temporary accommodation as a last resort.
It is for local authorities to decide how to discharge their duty to provide temporary accommodation for homeless households, subject to the requirements in the legislation and the fact that local authorities must have regard to the Code of Guidance. If a household is not content with the accommodation provided then they have the right to appeal to the local authority.
The government is not aware of any such circumstances as set out in this question.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 24 January 2008
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Current Status:
Answered by Fergus Ewing on 4 February 2008
To ask the Scottish Executive whether it considers that the divorce laws of Poland provide a positive example for the Scottish legal system.
Answer
We have not examinedthe divorce laws of Poland in any detail. We research and study the legalsystems of other countries where we feel that their systems and practices can informand develop policy here, mindful that care is needed in importing features of othersystems which may not be directly applicable to Scotland.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 24 January 2008
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Current Status:
Answered by Fergus Ewing on 4 February 2008
To ask the Scottish Executive how many divorces in Scotland in the last five years have involved Polish nationals where legal aid funding has been awarded to (a) the female partner exclusively, (b) the male partner exclusively and (c) both partners.
Answer
Information relatingto legal aid awards is collected centrally by the Scottish Legal Aid Board. It doesnot, however, hold definitive information on the nationality of individuals whoare awarded legal aid. The board has advised that a search of its database produceda total of 16 applications relating to divorce action where the applicant’s placeof birth is listed as “Poland”. This cannot be taken as definitive sincethe applicant may have specified a town or city rather than the country in the application.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
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Date lodged: Thursday, 24 January 2008
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Current Status:
Answered by Fergus Ewing on 31 January 2008
To ask the Scottish Executive how many divorces in Scotland over the last five years have involved Polish nationals.
Answer
The information requestedis not held centrally.