Licensing Standards Newsletter – June 2016

Welcome and useful contacts

Welcome to our June 2016 Newsletter.  The newsletter is free and you can get it direct to your inbox by signing up for an account and selecting 'licensing newsletter' from the red box, or by accessing it from our Licensing Standards page on the Council website.  

Contact Eric Dearie or Raymond Park for licensing standards advice and information, or  the Licensing Board Team for information on licensing applications; applying for a licence or for an update on your licensing application.

May Newsletter

Our apologies for the absence of the May Newsletter.  This was due to technical difficulties with the Council website which impacted on our page.  All better now!  A copy of the May Newsletter can be found here with all previous Newsletters -  previous newsletters.

Licence Conditions

We continue our look at the national mandatory licence conditions attached to premises licences and what they mean in practical terms to the running of licensed premises.  There are currently 13 conditions and all licensed premises have to abide by them.  In addition, a licensing board can set local licensing conditions to promote safety and assist in maintaining the 5 licensing objectives (e.g. stewarding; patron curfews and music curfews, etc.)

This month we look at Condition 11: Notices – admission of persons under 18.

In summary Condition 11 states:

In the case of premises on which alcohol is sold for consumption on the premises, there is to be displayed, so that it is reasonably visible to customers entering the premises, a sign of at least A4 size which –

a)    States that persons under 18 years of age are not permitted on the premises; or

b)    States that such persons are permitted on the premises, or on such parts of the premises as are specified in the sign.

Effectively, if you run an on-sales premises you must display at the entrance, so that it is reasonably visible, one of two signs advising whether persons under 18 years of age are/are not, allowed on the premises.  A check of the premises licence operating plan will show whether access is allowed or not.  Find further information about this here.

Next month we will look at Condition 12: Baby changing facilities

 Licensing Board Statement of Policy 2013-2016

Currently, the Licensing (Scotland) Act 2005 requires that every three years each licensing board in Scotland must produce a Statement of Licensing Policy.  The current policy covers the period 2013-2016.  This requirement is set to change from September of this year through the new Air Weapons and Licensing (Scotland) Act 2015.  This change will link the timing of licensing board policy statements to local government elections, meaning refreshed policies will not be required this November but in November 2018.  The current policy document can be viewed and downloaded here.

The policy document is broken down into 24 sections covering, in general terms, the working of the licensing board.  We will look at each section in summary. 

This month we will look at Section 5 – Premises Licences

The Board’s policy document states that those wishing to sell alcohol to the public must be licensed to do so with a premises licence.  When applying for a premises licence the applicant is required to submit a proposed operating plan (detailing trading hours; activities on the premises; and terms for children and young person access) and a layout plan (a drawing depicting the locality in which the premises are situated; the licensed area of the premises; any area set aside for use by children and young persons and any outdoor drinking areas).

The Board expects applicants for premises licences to liaise with the licensing standards officer during the application process and for licensed premises to be run with regard to the 5 Licensing Objectives  

Next Month we will look at Section 6 – Overprovision

User satisfaction survey

In the July newsletter there will be an opportunity for licensed premises that have been inspected by licensing standards to submit their comments on the inspection.  We strive to provide a professional and informative service and the information contained in user satisfaction surveys assists in directing our activities effectively in this regard.  Watch this space!

 Your questions answered

Q. “There have been changes to staff at our premises, including one who has gained his personal licence training certificate.  Should I update the Board?”

A.  You are legally bound under Section 54 of the 2005 Act to inform the licensing board of any changes to the Designated Premises Manager for the premises.  There is no requirement to inform the Board of internal staff movements/appointments.  In addition, your staff member who has gained the personal licence training certificate is still a staff member under the 2005 Act until granted a personal licence by the licensing board and a training record should still be maintained until a personal licence is granted.

 

Q: “My premises are now closed with no likelihood of them re-opening.  What should I do now in relation to my premises licence?”

A: Section 28 of the Licensing (Scotland) Act 2005 provides a mechanism for a premises licence to be surrendered to the licensing board where those premises have ceased to trade in the sale of alcohol.  You should be aware that a surrender is a permanent arrangement, and should you (or anyone else) wish to sell alcohol form the premises in the future, a grant of a new premises licence would be required.  You should write to the Licensing Board advising when the premises ceased to trade in alcohol and include the premises licence and summary licence with your correspondence.  The licensing board will confirm the surrender and that’s it your premises are no longer licensed to sell alcohol.

Licensing Board meetings dates 2016

Find the dates of the Argyll and Bute Licensing Board meetings in 2016.

Local Licensing Forum (LLF) meetings dates - 2016

The Argyll and Bute Local Licensing Forum (LLF) will meet as follows in 2016.  Each meeting commences at 10:30am in the Council Chambers, Kilmory, Lochgilphead:

Tuesday 9 August 2016

Tuesday 8 November 2016

Tuesday 6 December 2016 (Joint meeting with licensing board)

If you are interested in joining the Forum, you should make contact with the Forum’s administrative officer, Shona Marshall on 01546-604407 or by e-mail at shona.marshall@argyll-bute.gov.uk  

Forum meetings are open to the public and should you wish to attend to observe, it is recommended you contact Shona Marshall prior to each meeting to confirm the meeting is going ahead.

Personal licence refresher training and accredited trainers

The refreshing of personal licences is an ongoing process and you can find information on refresher training and local accredited trainers who offer full and refresher personal licence training courses.

That’s it for now

Do you need more information?  Or maybe you would like a licensing topic included in the next edition, or, if you are having difficulty opening any of the links - contact us.

Legal Advice

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