Licensing Standards Newsletter July 2016

Welcome and useful contacts

Welcome to our July 2016 Newsletter.  The newsletter is free and you can get it direct to your inbox by selecting 'licensing newsletter' from the box on the right side of the homepage, or by accessing 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.

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 continue our look at the national mandatory licence conditions attached to premises licences and what they mean in practical terms to the running of licensed premises.  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. stewarding; patron curfews and music curfews, etc.)

This month we look at Condition 12: Baby changing facilities -

Condition 12 states:

12.—(1) The condition specified in this paragraph applies only in the case of premises–

(a) which are not –

      i.        a vehicle;

     ii.        a vessel;

    iii.        a moveable structure; or

    iv.        used wholly or mainly for the purposes referred to in section 125(1);

(b) on which alcohol is sold for consumption on the premises; and

 (2) There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.

In basic terms, this condition requires that if you run an on sales licensed premises which allows access to children under 5 years of age, you are required to provide baby changing facilities accessible to either gender.

The Section 125(1) mentioned above refers to licensed members’ clubs.

 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 6 – Overprovision

Section 7 of the 2005 Act requires the Licensing Board to include a statement on overprovision within its policy document.  The Licensing Board must state the extent to which it considers there to be overprovision of licensed premises; or licensed premises of a particular description in any locality within the Board’s area. 

The Argyll and Bute Licensing Board, having consulted with the Chief Constable of Police Scotland and the Local Licensing Forum, has reached the view that there are not currently any particular areas which should be regarded as separate localities for the purpose of assessing possible overprovision.  Further, the Board does not consider there to be any evidence of a saturation point having been reached in respect of licensed premises generally or in respect of any particular type of licensed premises which would indicate a current difficulty with overprovision.

The Board does recognise, however, that there is a need to keep this matter under review and an information and evidence gathering exercise was carried out in 2014-2015 which confirmed the view above.   

Next Month we will look at Section 7 – Capacity of Premises

User satisfaction survey

We advised in the June Newsletter that there would be an opportunity for licensed premises that have been inspected by licensing standards to submit their comments on the inspection.  We strive to provide a professional and informative service and the information contained in user satisfaction surveys assists in directing our activities effectively in this regard. 

The survey can be accessed here.  And we ask that you complete it by Friday 26th August.

Many thanks for your assistance.

Congratulations to the Taynuilt Hotel

The Taynuilt Hotel gets a mention in the 21st July edition of the Scottish Licensed Trades News (SLTN) publication for its quality of the service having been awarded a second AA rosette in two years and gaining a mention in the Michelin Guide.  You can read the full article here.

 Your questions answered

Q. “A question was asked some time ago about persons under 18 years of age working on licensed premises.  Can you please cover this again as I am considering this and am not sure where I stand?”

A.  Here is the information we provided in our September 2014 Newsletter:

If you employ, or are considering employing, an under 18 year old in your licensed premises you should be aware that it is an offence for them to sell, serve or supply alcohol, except in the following circumstances:  

1.    Off Sales: the under 18 can sell alcohol;

2.    On Sales: the under 18 can serve or supply alcohol as part of a meal but cannot sell;

Provided each sale, service or supply of alcohol is specifically authorised by a responsible person (i.e. personal licence holder or other staff member aged 18 years or over authorised by the personal licence holder).

There are also specific employment regulations you must know about if you employ children under 16 in any circumstances, which include a prohibition under Argyll and Bute Byelaws  on children under 16 years selling or delivering alcohol unless the alcohol is sold in a sealed container (off sales).

Q: “I run an on-sales premises and would like information on how I apply for extended hours for my premises?”

A: If you are looking to extend your trading hours, either prior to or after those recorded on your operating plan, on a permanent basis, you will need to submit a variation application to the licensing board.  If you wish to extend your trading hours for a single event you should apply for an Extended Hours Licence.  The application must be submitted at least 35 days prior to the event and if the hours applied for go beyond 1:00am, late opening conditions will apply, including stewarding.  The fee for application is £10.00.  Further information can be obtained from licensing standards or the licensing board team.

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 9 August 2016

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, Shona Marshall on 01546-604407 or by e-mail at shona.marshall@argyll-bute.gov.uk  

Forum meetings are open to the public and should you wish to attend to observe, it is recommended you contact Shona Marshall 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.