Licensing Standards Newsletter - August 2015

Welcome and useful contacts

Welcome to our August newsletter.  The newsletter is free and if you want to receive it direct to your inbox, simply sign up for an account and select 'licensing newsletter' from the red box, or access 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.

Personal licence training revocations: fix applied

The five year ban on personal licences has been removed.

The Air Weapon and Licensing Bill was given Royal Assent on 4th August 2015.  So those who have had their personal licences revoked because they failed to refresher train within timescale or submit their refresher certificate to the Board as required can now apply for a new personal licence immediately and not have to wait the 5 years as previously required. 

Those affected must sit and pass a full Scottish Certificate for Personal Licence Holder (SCPLH) Course and apply for a personal licence in the usual fashion. 

The story is covered in the Scottish Law and Legal Practice (SLLP) website here.  

Licence Conditions

What do the licence conditions attached to the end of your premises licence mean for your premises?  A set of mandatory national licensing conditions is attached to every premises licence issued in Scotland.  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. SIA stewarding; patron curfews and music curfews, etc.) 

Over the coming months we will look at each condition in turn giving an explanation of its meaning.  This month we are looking at:

Condition 1 - Interpretations

This is the first condition and basically confirms the premises named in the premises licence.

Conditions 2 and 3 - Compliance with the operating plans

Conditions 2 and 3 make clear that the sale of alcohol and any other activities carried on in the premises must conform to the premises licence operating plan.  Basically, if it is not recorded in the operating plan you can’t do it!

We will look at Conditions 4 and 5 next month.

Alcohol wholesaler registration scheme

The UK Government is introducing a registration scheme for alcohol wholesalers in order to combat alcohol fraud. Although the registration element of the scheme will apply to traditional wholesalers,  alcohol retailers such as pubs, restaurants, shops and so on are also affected because of greater obligations which will be placed on them to ensure their suppliers are registered with the scheme.  Applications for registration by existing wholesale businesses must be submitted to HMRC between 1 October 2015 and no later than 31 December 2015. New businesses must apply at least 45 days before they expect to commence trading.

Further information can be found on the Stephen McGowan (of TLT Licensing ) “licensing Blawg” here.  

Royal National Mod Oban - October

The Annual Royal National Mod is being held in Oban this year from 9th to 17th October.  The Mod website can be accessed here.

The licensing board has advised that the maximum opening hours during the period will be 4:00am and applications for Extended Hours Licencesmust be made at least 35 days prior to the date of when the licence has to take effect.  

Licensing Standards has written to all On Sales premises in the immediate Oban area advising of licensing board policy in relation to applications and late night conditions. Further information can be obtained from the licensing board on 01546-0604128 or licensing@argyll-bute.gov.uk

Frequently asked questions

Q. Can a Premises Manager apply for an Extended Hours licence for a premises where the premises licence holder is opposed to the application?

A. The simple answer is no.  Although the premises manager has responsibility for the day-to-day running of the premises Section 68 of the 2005 Act stipulates that an extended hours licence may be granted to the holder of a premises licence.  If there is disagreement over applying for an extended hours licence, the premises licence holder has final say on the application.

Q. Can you tell me what notices are required to be displayed in On Sales and Off Sales premises?  Are the notices the same?

A. In On Sales premises the premises licence holder is required to display two notices.  The first, a Children’s Notice, displayed at or near the entrance advising whether or not children and young persons are allowed access and if access is allowed the terms of that access.  Find the forms of notice here. The second is the"Section 110" Noticewhich must be displayed at thepoint of sale of alcohol on the premises.  In Off Sales premises only the "Section 110" Notice is required, again to be displayed at the point of sale of alcohol.

In addition to the above notices, the Summary Premises Licence must displayed in both On and Off Sales premises where it is reasonably visible to persons using the premises.

Q. I have been asked by my customers to host live music nights on my premises.  Is this OK?  Is there anything I need to do to make sure the music nights are legal?

A. This will depend on what activities have been agreed with the licensing board and the “allowable activities” recorded on the premises licence operating plan.  As we have said before, if it is not recorded in the operating plan then it is not an allowable activity. A check should be made at Question 5 of the operating plan and look for Yes or Y recorded at “Live Performance”.  If No or N is recorded live music is not allowed and a major variation application must be applied for to have it included.  Only when it is included can you have live music nights.

You may also require Phonographic Performance Limited (PPL) and Performing Rights Society (PRS) licences.  We covered this type of licensing in our April Newsletter which can be accessed here.

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 here.

Alcohol Focus Scotland (AFS) is providing refresher training courses at its Glasgow offices on Tuesday 4th August, Tuesday 1st September and Tuesday 13th October 2015.  Find further information and contact details 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.

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.