Licensing Standards Newsletter - December 2017

Welcome and useful contacts

Welcome to our December Newsletter which is a little earlier this month due to Council closure over the Festive season.

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.

Festive Season Trading

We hope this period will be financially successful for the trade and that your customers, and your staff, enjoy themselves in a safe and inviting atmosphere.  Here are 10 tips to assist in making this Festive Season special:

  1. If possible have a personal licence holder on duty at all times.  If open after 1:00am, the licensing board may insist on it.
  2. Ensure staff, especially part-time or casual staff, are fully trained and authorised to sell alcohol and are fully aware of age verification requirements.  They should also be explicitly informed of their responsibilities.
  3. If you’re expecting large numbers consider additional stewarding both on the door and within your premises.
  4. If you’re expecting large numbers consider advising the police beforehand so they are prepared to deal with the numbers on the street at the terminal hour.
  5. Maintain a “clean” event – clear glasses, bottles and tables regularly to reduce the possibility of such items being used as weapons.  Consider using plastic or toughened glasses.
  6. Monitor your customers’ drinking and be prepared to take early action to reduce drunkenness and violence. 
  7. Be consistent in approach if refusing service.
  8. At the end of the evening clearly call last orders.  Consider bringing up the lighting and offer soft drinks and teas/coffees to encourage customers to move on at the end of licensed hours.
  9. Be a good neighbour.  Monitor smokers to reduce large numbers congregating outside your premises.  Remember the licensing board has made no concessions for smokers in its Festive Policy curfews.  
  10. Be a good neighbour.  Have a dispersal policy that staff and stewards are aware of which will quickly and safely vacate customers from the premises at the end of the night. Consider laying on transport.

 Licensing Board Statement of Policy

The current policy document can be viewed hereand each month we have looked at each section in summary.

In this final instalment we will look at the four Annexes to the policy:

ANNEXE 1: Settlement & Island Populations: Argyll and Bute

This Annexe provides an overview of mainland and island population numbers in Argyll and Bute.

ANNEXE 2: Argyll and Bute Licensing Board Hearing - Note of Procedure for Review of Premises Licences / Personal Licences

This Annexe details the Board’s procedures for the hearing of premises licence reviews.

ANNEXE 3: The Argyll and Bute Licensing Board Scheme of Delegation

This Annexe provides details on the circumstances when the workings of the Board will be delegated.  This Annexe has been compiled under the auspices of Schedule 1(10) to the Licensing (Scotland) Act 2005.

ANNEXE 4: Scottish Council of Voluntary Organisations

This Annexe provides definitions from the Scottish Council of Voluntary Organisations (SCVO) for voluntary organisations, accepted by the licensing board, for the purposes of eligibility for applications for occasional licences.

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.

Prohibition of Late-Night Delivery of Alcohol - Section 120

This section applies where alcohol is sold on any relevant premises for consumption off the premises.  A *responsible person commits an offence if the person delivers the alcohol to any premises (other than licensed premises) between the hours of midnight and 6am.  A responsible person who allows the alcohol to be so delivered 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 £1000.00).

*Responsible person means - the premises manager; the holder of an occasional licence, the person having management and control of any premises, and any person aged 18 or over who works on the premises in a capacity (whether paid or unpaid) where the person is authorised to sell alcohol.

The Council Appeals to hotels and pubs for help in keeping children safe

The Argyll and Bute Child Protection Committee has been in touch with licensed premises operators to ask them to keep an eye out for potential grooming victims.  As part of the Keeping Children Safe initiative, more than 400 pub and hotel operators have been asked for their help in protecting children and young people from child sexual exploitation. Along with operators of shops that sell alcohol, these premises have been given information on what to look out for in ‘grooming’.

TLT Licensing Newsletter

The monthly newsletter on licensing and gambling news can be read here.

Police Scotland – Keeping People Safe this Festive Season

With the Festive Season fast approaching, Police Scotland is seeking your support regarding the responsible sale and supply of alcohol in licensed premises during this busy period.

A key objective for Police Scotland during this busy time is to prevent alcohol fuelled violence and disorder and anti-social behaviour. We value the role management and staff of licensed premises take on, ensuring that customers drink responsibly.  Working together in partnership, we can all take appropriate action and/or provide suitable support when there are concerns regarding anyone who appears vulnerable, drunk or unable to take proper care of themselves.

During this time the majority of patrons will participate and conduct themselves in a responsible manner, unfortunately at this busy time of the year, a minority of patrons whilst under the influence of alcohol may conduct themselves in a disorderly manner, both on and off licenced premises, including acts of violence and anti-social behaviour all of which have a negative impact on our communities.

As responsible Licence holders we are looking to you and your staff to be particularly vigilant during this time to ensure a responsible approach to the sale and supply of alcohol.

Police Scotland will continue to offer assistance to support licence holders, management and staff of licensed premises in attaining or maintaining the licensing objectives.  Please do not hesitate to contact Police Scotland if you require our assistance.

Thank you for your continued support and we wish you a Merry Christmas and a Happy New Year.

Read more about the campaign here.

Best Bar None (BBN) Offers Tips for a Safe Night Out

The Best Bar None (BBN) tips for a safe night out over the Festive Season can be viewed here.  

Scottish Government Minimum Unit Price Consultation

The Scottish Government launched its Minimum Unit Price consultation on 1st December.  Further information on the consultation can be viewed here.

Your questions answered

Q. “Can you tell me what a Temporary Premises Licence is and what it is used for?”

A. A temporary premises licence is issued where licensed premises (known as the “Principal Premises”) are undergoing, or are to undergo, reconstruction or conversion.  The temporary licence is issued to separate premises (known as the “Temporary Premises”) allowing the sale of alcohol on those premises.  The licensing board will issue a temporary premises licence only where it is satisfied the temporary premises are suitable for the sale of alcohol and those premises will be subject to the same conditions as the principal premises.  A temporary licence has a maximum currency of 2 years.  Full details from the 2005 Act can be viewed here.

Q. “I am the holder of a personal licence training certificate issued in 2009. I haven’t previously applied for a personal licence but have now been offered a personal licence holder’s post and was wondering if I can still use this certificate to apply for a personal licence?”

A. Although a training certificate issued in 2009 is still valid as indicating a pass at that time, the personal licence training syllabus was updated in 2013 and the Argyll and Bute Licensing Board will not accept training certificates issued prior to 1st August 2013. This is because licensing law has changed considerably since the introduction, in 2009, of the Licensing (Scotland) Act 2005, and the licensing board expects applicants for personal licences to be conversant with current legislation. Our advice is that you sit and pass the Scottish Certificate for Personal Licence Holders (SCPLH)course and submit that training certificate with your personal licence application.  Accredited personal licence trainers in Argyll and Bute can be found here. 

Licensing Board meetings dates 2018

Here are the 2018 licensing board meeting dates.

Personal Licence Statutory 10 year Renewals

All personal licence holders whose licences were issued in 2009 should be aware that the requirement to renew their licences starts in 2018.  The law requires that if a personal licence holder wishes to renew their licence they must do so, by application to the licensing board, no earlier than 1st September 2018 and no later than 1st June 2019.

This may seem a long way away, but as it will affect around 500 personal licence holders, in Argyll and Bute,  in the first batch, training courses will be at a premium.  Licensing Standards urges all personal licence holders affected to diary the date and make arrangements with accredited trainers to have the training provided.  Failure to renew your personal licence will result in the licensing board revoking your licence.

As yet, the format for training, either the full Scottish Certificate for Personal Licence Holders (SCPLH) course or refresher course, has still to be decided on by the  Scottish Government but Section 78 of the 2005 Act makes clear that the renewal application process will be the same as the original personal licence application in that the applicant will be required to successfully complete the full SCPLH course and submit a copy of the pass certificate together with the personal licence application form, two passport photographs and the application fee of £50.00 [fifty pounds].  Should this change we will update this advice.

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.  

It is unfortunate that the licensing board still has to revoke personal licences at each licensing board meeting.  On average 20 licences are revoked at each meeting, simply because the licence holder has not refreshed their licence and/or advised the Board within statutory timescales.  Many licences to be revoked are held by Designated Premises Managers (DPMs) having ramifications for premises selling alcohol.

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.