Licensing Standards Newsletter - August 2017

Welcome and useful contacts

Welcome to our August Newsletter.  Contact Eric Dearie or Raymond Park for licensing standards advice and information, or the licensing Board Team for information on licensing applications, or 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

As required by the amendments made to the 2005 Act by Section 42 of the Air Weapons and Licensing (Scotland) Act 2015, the new Argyll and Bute Licensing Board is currently updating the 2013-2016 Statement of Policy.  The new policy document will be published in due course.

The current 2013-2016 policy document can be viewed here and each month we continue to look at each section in summary.  This month we look at Section 20: Members Clubs:

The Licensing (Clubs) (Scotland) Regulations 2007, by virtue of Section 125 of the Licensing (Scotland) Act 2005, now regulates the sale of alcohol in licensed members clubs in Scotland and each club is required to operate under the grant of a premises licence. Each club should be non-profit-making with a constitution and limited access by members of the public, the club in submitting an application for a premises licence should submit a copy of its current constitution.

The licensing board may impose conditions including keeping constitutions updated and, when revised, submit a copy of the revised constitution to the Clerk’s office. Clubs must also ensure their constitution, accounts and entry book are available for inspection by a Licensing Standards Officer and officers of Police Scotland.

Section 125 of the 2005 Act allows for exemptions in relation to the licensing of members clubs. Clubs are exempt from:

  • inclusion in assessments for overprovision in the Board’s area;
  • ground of refusal of premises licence application relating to overprovision;
  • ground of refusal of premises licence variation application relating to overprovision;
  • requirement for operating plan to contain information as to the premises manager;
  • requirement for the name and address of premises manager to be specified in the premises licence;
  • requirement for there to be a premises manager for the premises;
  • *requirement for sales of alcohol under the premises licence to be authorised by a personal licence holder

*Although clubs are not required to have a premises manager and sales of alcohol do not require authorisation by a personal licence holder, members, and others, involved in the sale of alcohol must still undergo staff training. 

The Licensing (Clubs) (Scotland) Regulations 2007 now permit members clubs to apply for occasional licences on similar terms as voluntary organisations, and the fact that a premises licence is in effect in respect of premises used wholly or mainly for the purposes of a club, is not to prevent an occasional licence being issued in respect of those premises.

A Licensing Board may issue in respect of those club premises in any period of 12 months –

a) not more than 4 occasional licences each having effect for a period of 4 days or more; and

b) not more than 12 occasional licences each having effect for a period of less than 4 days.

 

provided that, in any period of 12 months, the total number of days on which occasional licences issued in respect of the premises have effect does not exceed 56 days

Section 9 of the licensing board policy details the Board’s policy in relation to occasional licence applications which will be applied to members clubs.

 

Next time we will look at Section 21 – Excluded Premises - Garages.

 

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.

 

Obtaining of alcohol by or for a drunk person– Section 112

A person who, on any *relevant premises, obtains or attempts to obtain alcohol for consumption on the premises by a person who is drunk commits an offence.

 

A person who, on any relevant premises, helps a person who is drunk to obtain or consume alcohol on the premises commits an offence.

 

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).

 

*”Relevant premises” means - any licensed premises, any exempt premiseson which alcohol is sold; and any premises used for the selling of alcohol to trade.

 

Sale of alcohol to a drunk person – Section 113

This section has no associated Explanatory Notes

Any responsible person who, on any relevant premises, sells alcohol to a person who is drunk commits an offence.  A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).

 

*”Relevant premises” means - any licensed premises, any exempt premiseson which alcohol is sold; and any premises used for the selling of alcohol to trade.

 

 

National PubWatch Newsletter – June 2017

The latest newsletter from the National PubWatch can be viewed here.

 

 

Your questions answered

 

Q. “An occasional licence query, I know that to apply for a full premises licence I need consents from the planning and building departments and environmental health (where food is involved), but will I need similar consents for an occasional licence?”

 

A.  The 2005 Act defines a premises as “any place, including a vehicle, vessel or moveable structure,” and the licensing board will only grant a licence to such premises where it is satisfied that it is a safe place for the public to resort.  Most, if not all, permanent premises to be licensed by an occasional licence (e.g. village hall or community centre) will already hold the necessary consents, so no further application would be required.  It’s when the premises to be licensed are temporary (e.g. marquee, stall or vehicle, etc.) or are out of the ordinary, or their intended use is different from that of the event to be licensed (e.g. a Barn used for a dance or wedding reception), that enquiry should be made.  Remember, the event to be licensed may also require a Public Entertainment Licence [PEL] which will bring its own checks and balances before grant.  In any case it is the applicant’s responsibility to ensure the necessary consents are in place and you should seek advice from the Council’s Planning & Building Department and Environmental Health.   

 

Licensing Board meetings dates 2017

Here are the Licensing Board Dates for 2017

 

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.