Licensing Standards Newsletter - August 2016

Welcome and useful contacts

Welcome to our August 2016 Newsletter.  The newsletter is free and you can get it direct to your inbox by selecting 'licensing newsletter' on the right of the Council website homepage,  then add your e-mail address and click Subscribe.

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.

Licence Conditions

We come to the end of our focus on the national mandatory licence conditions attached to premises licences and what they mean in practical terms to the running of licensed premises. This month we look at - Condition 13: Display, or the promotion of the sale, of alcohol for consumption off the premises -

Condition 13 applies to off sales premises only.  It is a very involved condition and here it is in summary:

Display of Alcohol

Alcohol may be displayed only in one or both of the following:

a)    A single area which is accessible to the public (shop floor)

b)    A single area which is inaccessible to the public (behind a counter, in a kiosk, etc.)

There is an exception to the above where the main function of the premises is to provide a visitor attraction.

Promotion of Alcohol

A drinks promotion may only take place on a premises in either of the above areas or in any tasting room on the premises.

A drinks promotion is any activity which promotes the buying of alcohol.   A drinks promotion in relation to a premises cannot take place within a distance of 200 metres of the boundary of the premises.  Advertising of any description including the display of posters in windows; window vinyls,  and the distribution of flyers outside premises, etc., is prohibited.

Display of Other Products

In a single area which is accessible to the public (shop floor), a product other than alcohol may be displayed only if it is –

a)    A non-alcoholic drink

b)    Packaged with, and may be purchased along with, alcohol

c)    A branded no-alcoholic product, or

d)    A newspaper, magazine or other publication

If you have any questions about the above condition or any of the conditions covered over recent months, please let us know.

 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 7 – Capacity of premises:

For the purposes of the overprovision assessment, the definition of operating capacity of licensed premises is set out in Section 147(1) of the 2005 Act as–

Off-Sales

The amount of space in the premises (or, as the case may be, that part) given over to the display of alcohol for sale’.

On-Sales

The maximum number of customers which can be accommodated in the premises (or, as the case may be, that part) at any one time’.

Determining Capacity: The Board will determine the capacity in accordance with Building Standards Regulations.  Applicants are advised to consult with Argyll and Bute Council’s Building Standards Service if they are in any doubt as to the capacity of their premises.

The Board will also have discretion to impose capacity limits on specific areas within the licensed premises (e.g. function rooms) as appropriate, in consultation with Argyll and Bute Council’s Building Standards Service.

Management of Occupancy: Licence holders are encouraged to have a policy that details how occupancy will be managed at any given time; having regard to maximum capacity. This should specify the provisions in place for monitoring the number of persons present to ensure that the occupancy capacity is not exceeded. Licensees must make regular assessments of their premises as the maximum occupancy level is approached and must apply appropriate controls to ensure that level is not exceeded.

Next Month we will look at Section 8 – Licensing hours.

National PubWatch Newsletter

Here is a link to the latest edition of the National PubWatch Newsletter.  This is a very informative publication and gives a flavour of what is going on around the UK.  Please remember that, although there are Scottish articles in the Newsletter, most of the information is based on English licensing law which is slightly different from Scotland.

 Your questions answered

Q. “I am a personal licence holder and have recently moved house.  Is there anything I need do in relation to this?”

A.   Section 88 of the 2005 Act requires that any change of name and/or address must be notified in writing to the licensing board within one month of the change.  Failure to notify is an offence.  The Council’s licensing board team deals with all personal licence enquiries and should be contacted for advice and guidance on how to update the licensing board.

Q: “ Can you please advise on the rules on licensed clubs?  I am particularly interested in the training of members to sell alcohol.”

A: Full information on licensed clubs.  In relation to training, although there is no requirement for a club to have a premises manager or other personal licence holder to authorise and supervise the sale of alcohol, or carry out training, this does not remove the obligation on the club, under Condition 6 of theClub’s premises licence, to provide training to those involved in the sale of alcohol.  This training must be provided by a personal licence holder or accredited trainer. Full information on training.  Licensed Clubs in Argyll and Bute are regularly inspected by licensing standards officers and are expected to provide evidence of training as part of the inspection.

Licensing Board meetings dates 2016

Here are the 2016 Argyll and Bute Licensing Board meetings dates. 

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 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, Adele Price-Williams on 01546-604480 or by e-mail at adele.price-williams@argyll-bute.gov.uk   Forum meetings are open to the public and should you wish to attend to observe, it is recommended you contact Adele Price-Williams 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 information on refresher training and local accredited trainers who offer full and refresher personal licence training courses 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, 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.