Licensing Standards Newsletter – January 2015

Welcome and useful contacts

A happy New Year and welcome to our first newsletter of 2015. 

Contacts: Eric Dearie or Raymond Park for licensing standards advice and information, or the licensing team to apply for a licence or for an update on a licensing application. 

Licensing Board minutes

You can find the licensing board minutes from 2012 to presenthere.  We will update the newsletter when new minutes are published. 

Seasonal variations

It is the policy of the Argyll and Bute Licensing Board that premises are expected to trade for the core hours granted and recorded in the premises licence operating plan.  Should a licensee wish to open later than the commencement hour recorded in the operating plan, or close earlier than the recorded terminal hour, then this must be shown as a Seasonal Variation at Question 4 in the premises operating plan.  If there is no seasonal variation recorded, a variation application must be made to the licensing board to have it added.

Further information can be found in Section 8.4 of the Argyll and Bute Licensing Board Policy Statement 2013-2016.  

Café Culture policy in Argyll and Bute

The Council supports the development of Café Culture through the Local Plan and provisions of footpath widening and improvements to public realm as part of the CHORD Project in our towns. Notwithstanding this, certain consents and authorisations must be obtained to allow individual retailers / traders to use the footpaths for their activities.

The policy, which was approved on 15th May 2014 by the Council’s Policy and Resources Committee, has been developed holistically to enable consideration to be given to road/footway use, planning matters and licensing for establishments serving alcohol. The pre-application engagement has been designed to make the process as straight forward as possible for business seeking to provide facilities within open public areas.  This policy has also been designed with a view to encouraging economic activity and improving experience for residents and visitors alike.

You can find further information on the policy in relation to licensed premises in Argyll and Bute here. 

Frequently Asked Questions  

Q. My personal licence has been revoked by the licensing board. Does this mean that I can no longer sell alcohol?

A. No.  It means that you are no longer a personal licence holder, and cannot authorise and supervise the sale of alcohol, and train staff for a period of 5 years, starting on the date your personal licence was revoked.  To continue to sell or serve alcohol you will need to undergo staff training with a training record being raised in your name and be authorised to sell alcohol both of which should be carried out by the premises manager at the premises where you work or by another personal licence holder.  Further information on staff training can be found here;and further information on alcohol authorisation can be foundhere.  

Q. Can you tell me what notices I am required to display on my premises?

A. This will depend on whether your premises are an off-sales premises or an on-sales premises:

Off-Sales – there is only one notice required by law to be displayed and this is called the “Section 110” notice.  This notice, which should be public facing at the point of sale of alcohol on your premises, details that alcohol will not be sold to persons under 18 years of age.

On-Sales –there are two notices required by law to be displayed: the “Section 110” notice and the Children’s Notice.  There are two styles of Children’s Notice, and the one to be displayed will depend on whether or not children and young persons are allowed access to your premises. 

Copies of the above notices and further information on display requirements can be found in our Licensing Standards Advice PackWe recommend you frame or laminate these notices.

Challenge 25 -Although not a legal requirement we also recommend you display at least one Challenge 25 poster on your premises.  This poster it a visual reminder to customers that you operate an age verification policy on your premises and copies of the poster can be accessed and printed off from here. 

Q. I am thinking of starting home deliveries of alcohol from my premises.  Is there any legal requirements for this? 

A. The first thing to say is that the 2005 Act allows home deliveries of alcohol provided the licensing board has approved the inclusion of deliveries as an allowable activity at Question 5f of the premises licence operating plan.  So you will have to apply to the Board for a variation if this is not already included in the operating plan.  You will also have to adhere to the requirements covering the delivery and remote sale of Alcohol in relation to record keeping; delivery times; and age verification on delivery.  Further information can be found on our web page.

Personal licence refresher training and accredited trainers

The refreshing of personal licences in an ongoing process and you can find information on refresher training and local accredited trainers.  Also, Alcohol Focus Scotland (AFS) is providing refresher training courses at its Glasgow offices from 17th February 2015 to 9th June 2015.  Further information and contact details can be found here.  

That’s it for now

Do you need more information?  Or maybe you would like a licensing topic included in the next edition - contact us.

Please note: Licensing Standards does not provide legal advice and the above information should not be considered such.  Any legal opinion on licensing matters should be obtained from a licensing solicitor.