Licensing Standards Newsletter - April 2017

Welcome and useful contacts

Welcome to our April Newsletter.  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.

Previous Newsletters

We maintain a library of previous Newsletters which can be accessed via our web page should you wish another look. 

You can sign up via the Council’s Homepage to receive the Newsletter each month to your inbox. 

 Licensing Board Statement of Policy 2013-2016

The current policy document can be viewed here and each month we look at each section in summary.  This month we will look at Section 16: Procedures for Applications, Objections, Hearings -

The Board must give notice of a premises licence application to -

(a) each person defined to be a neighbour;  

(b) any Community Council within whose area the premises are situated;

(c) Argyll and Bute Council;

(d) the Fire and Police authorities

(e) the Health Board

Any person may submit an objection or representation to the Board. The objection must relate to one of the five licensing objectives and relate to specific premises. An objection lodged on the general basis of opposing the use of alcohol or to licensed hours on a Sunday will be considered to be frivolous and will be rejected without consideration.

Further information on the objections and representations process can be found here.

Next time we will look at Section 17 – Attempts to influence board members.

Licensing Scotland Act 2005 - Offences

The 2005 Act regulates the sale and supply of alcohol and determines what is legal and illegal in this respect.  We thought you may benefit from knowing the offences the police will be looking at in terms of licensed premises. The Premises Licence Holder, the Designated Premises Manager and staff should consider the importance of due diligence within premises.  Each month we will outline in summary a couple of offences.  Click on the links for full details.

For the purposes of the 2005 Act, a child is aged from infant to 15 years and a young person is aged 16 or 17 years:

Consumption of alcohol by a child or young person– Section 106

A child or young person who knowingly consumes alcohol on any licensed premises commits an offence.  Any responsible person* who allows a child or young person to consume alcohol on any relevant premises commits an offence.  It is not an offence for a young person to consume beer, wine, cider or perry along with a meal supplied on relevant premises**.

A child or young person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale (i.e. £1000.00).

 A responsible person* guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale (i.e. £5000.00), or imprisonment for a term not exceeding 3 months, or both.

*A responsible person is the premises manager or other person working on the premises authorised to sell alcohol.

**It should be noted that a young person may consume but not purchase.  The purchase of alcohol must be made by a person 18 years or over.

Unsupervised sale of alcohol by child or young person – Section 107

Any responsible person* who allows alcohol to be sold, supplied or served by a child or young person on any relevant premises commits an offence.  However an offence is not committed if any sale by a child or young person of alcohol is for consumption off the premises (off sales), or any supply or service by a child or young person of alcohol is for consumption on the premises (on sales) along with a meal supplied on relevant premises, but only if -

the sale, supply or service is specifically authorised by a responsible person*, or any other person of or over 18 years of age who is authorised by a responsible person for the purposes of this section.

A person guilty of an offence under subsection is liable on summary conviction to a fine not exceeding level 1 on the standard scale (i.e. £200.00).

*A responsible person is the premises manager or other person working on the premises authorised to sell alcohol.

National Licensing Week - 19-23 June 2017

Public awareness of licensing is often enhanced when things go wrong.  The National Licensing Week is an annual opportunity to celebrate the positives in licensing, the problems and potential dangers averted through licensing and the contributions made by all to achieve this.

Get involved and help the to make National Licensing Week have a wide and positive impact.  Licensing really is everywhere and National Licensing Week is the time to push the message far and wide.

Further information on National Licensing Week can be found here.  Further information on the work of the Institute of Licensing (IOL) can be found here.

E-cigarettes – information for retailers

Retailers should be aware that it is now illegal to sell Nicotine Vapour Products (NVPs) - e-cigarettes - to anyone under 18 years and an offence to buy these products for them.  The new rules, regarding the sale and purchase of tobacco and NVPs, came into force in Scotland on 1 April 2017.  Further information can be found here.

Your questions answered

Q. Is it legal to sell a double 35ml measure?  And can I sell spirits in only double measures?

A.Gin, rum, vodka and whisky must be sold in measures of 25ml or 35ml, and may be sold in multiples of these quantities.  There is nothing to prevent sales in doubles only of these quantities.  We covered this question in the September 2014 Newsletter and a fuller explanation on measures can be found in that newsletter here.  

Q. “I am considering opening my pub before core hours to sell breakfasts, teas and coffees, etc.  What do I have to do?

A. First check your operating plan to see if this activity is already recorded.  If it is you can provide this facility right away.  If this activity is not recorded in the operating plan, you will need to apply to the licensing board to have it included.  This will be classed a non-minor application which would be heard at a meeting of the licensing board.  The fee for such a variation application is £160.00.  Find out more about variations here, or contact licensing standards. 

Licensing Board meetings dates 2017

Here are the 2017 licensing board meetings dates.

Personal licence refresher training and accredited trainers

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

Personal licence holders are reminded that failure to undergo refresher training and submit the pass certificate to the licensing board within statutory timescales will result in your personal licence being revoked.   A total of 27 personal licencesare due to be revoked at the February Board meeting.  Please contact the Council’s licensing Board Team for more information on what is required.

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.