- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Thursday, 22 March 2012
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Current Status:
Answered by Keith Brown on 24 April 2012
To ask the Scottish Executive whether households are eligible for (a) mitigation or (b) compensation in cases where new rail services result in noise levels that exceed World Health Organization or European guidelines.
Answer
The precautionary guideline values produced by The World Health Organization (WHO), as published within Night Noise Guidelines for Europe (2009), do not form any part of the trigger criteria for night-time noise mitigation.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Thursday, 22 March 2012
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Current Status:
Answered by Keith Brown on 24 April 2012
To ask the Scottish Executive whether the threshold that Transport Scotland applies for mitigation on the basis of excessive nighttime noise along the Stirling-Alloa-Kincardine railway line is over 80 decibels Leqmax external and that the noise must occur more than once per hour between 11 pm and 7 am.
Answer
The threshold for SAK is the same as was adopted for Edinburgh Airport Rail Link (EARL), Edinburgh Tram and Airdrie to Bathgate and is therefore consistent with the approach approved by Parliament during the consideration of these acts. The night-time noise threshold for mitigation on the SAK route is 82dB LAmax, fast more than twice in any one hour during the hours of 11pm and 7am.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Thursday, 22 March 2012
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Current Status:
Answered by Keith Brown on 24 April 2012
To ask the Scottish Executive what (a) daytime and (b) nighttime thresholds are used to determine eligibility for (i) mitigation and (ii) compensation due to excessive noise from trains on (A) new railway lines and (B) on existing lines where there was previously no nighttime service.
Answer
Parliamentary consideration of acts for new railway projects has led to the establishment of threshold levels for noise mitigation. In relation to the Stirling Alloa Kincardine rail line, all properties that meet the following trigger levels are being offered acoustic barriers irrespective of whether they are located at an area of new or previously existing railway line.
The day time threshold for mitigation is that the average of all noise over an 18 hour period must exceed 55dB(A) and be more than a 5dB(A) greater than the pre existing ambient noise level. Here the average means a calculated equivalent constant energy level.
The night time threshold is that a maximum level of noise must exceed 82dB LAf,Max more than twice in any hour.
Eligibility for compensation is considered by Network Rail in their role as operators of the infrastructure, and this is assessed under Part 1 of the Land Compensation (Scotland) Act. As part of this consideration, the distinction is made as to whether a railway line is new or existing. It is unlikely a claim from a resident living beside an existing railway line will be successful in a claim for compensation.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Thursday, 29 March 2012
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Current Status:
Answered by Keith Brown on 24 April 2012
To ask the Scottish Executive whether it will consider introducing (a) an 80 mph speed limit on motorways and (b) a 20 mph speed limit on most sections of urban roads when it has the power to do so and, if so, what it considers the (i) economic and (ii) health impact of such changes will be.
Answer
We have no plans to increase the speed limit on motorways in Scotland to 80 mph.
The power to set speed limits lower than the national speed limit of 30 mph generally applicable on urban roads is already devolved.
Through Scotland’s Road Safety Framework to 2020, we are committed to encouraging local authorities to consider 20 mph zones in all residential areas. Accordingly, Transport Scotland is assisting City of Edinburgh Council with the evaluation of a pilot scheme in South Central Edinburgh, which has designated all side streets and some of the main routes in that area as 20 mph. However, we recognise that it is for each local authority to decide on appropriate speed limits on its local roads, based on available evidence.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Thursday, 29 March 2012
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Current Status:
Answered by Keith Brown on 24 April 2012
To ask the Scottish Executive whether the recent cessation of coal train services at night on the Stirling-Alloa-Kincardine railway line will be extended or made permanent and whether it will (a) increase the tonnage of the daytime trains and (b) introduce a Sunday service in order to reduce night services.
Answer
As stated in Parliament previously, the Scottish Government has no powers to restrict the operations of freight trains on the rail network.
Night time operation of freight trains is a commercial matter for the consideration of rail freight operating companies and their customers.
Overnight coal trains on the Stirlin- Alloa-Kincardine Railway have not ceased.
Due to reduced demand for coal at Longannet Power Station, fewer coal trains were required recently to support the demand of the power station.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Tuesday, 17 April 2012
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Current Status:
Answered by Nicola Sturgeon on 23 April 2012
To ask the Scottish Executive whether it is aware of the advice that was given to the Scottish Grocers' Federation arguing that it is legal to sell different sizes of multipacks of alcohol at discounted prices provided that the retailer does not sell single containers of the same size and type contained in multipacks and, if so, when it became aware of this.
Answer
The provisions of section 2 of the Alcohol etc. (Scotland) Act 2010 that limit discounts by setting a minimum price for packages containing more than one alcoholic product are applicable only where each alcoholic product in the package is available for sale individually on the premises.
This is clear from the legislation itself, the explanatory notes and the statutory guidance that supports the act. Accordingly that is the advice that has been offered to traders affected by the legislation.
The Scottish Government has been clear that to have full effect these provisions need to be supported by the setting of a minimum price for a unit of alcohol.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Monday, 02 April 2012
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Current Status:
Answered by Kenny MacAskill on 23 April 2012
To ask the Scottish Executive, other than occasional licences, how many licence applications have been declined by licensing boards since September 2009.
Answer
The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.
The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Monday, 02 April 2012
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Current Status:
Answered by Kenny MacAskill on 23 April 2012
To ask the Scottish Executive how many licences have been (a) suspended or (b) cancelled by licensing boards since September 2009.
Answer
The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.
The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Monday, 02 April 2012
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Current Status:
Answered by Kenny MacAskill on 23 April 2012
To ask the Scottish Executive what statistics on the work of licensing boards it (a) collects and (b) publishes and how often these are published.
Answer
The statistics routinely collected and published annually by the Scottish Executive on the work of liquor licensing boards are available on-line at
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.
- Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
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Date lodged: Tuesday, 17 April 2012
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Current Status:
Answered by Kenny MacAskill on 23 April 2012
To ask the Scottish Executive what licensing board data have been made publicly available since September 2009 and whether it is aware of any problems arising in relation to this information.
Answer
The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.
The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).
