Licensing Standards Newsletter - July 2017

Welcome and useful contacts

Welcome to our July Newsletter.  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. 

 

 

New Argyll and Bute Licensing Board

The new licensing board sat for the first time on 20th June following the local Elections in May.  Full details of the Board’s role and its members can be found here.

 

 

 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 policy document can be viewed here and each month we look at each section in summary.  This month we will look at Section 19: Local Licensing Forum:

Sections 10, 11 & 12 of The Licensing (Scotland) Act 2005 stipulate there should be a Local Licensing Forum in each Council area, detailing the functions of the Forum of reviewing the 2005 Act and the workings of the Board; and the Board’s duties to consult and meet with the Forum.

For its part, the Argyll and Bute Licensing Board recognises the importance of the establishment of the Local Licensing Forum in Argyll and Bute and will endeavour to work closely with it. The Board will

  1. take account of the advice or recommendations made by the Forum;
  2. where after consideration the Board decides not to follow the advice or recommendations made by the Forum, reasons for the decision will be given in writing to the Forum;
  3. provide the Forum with any relevant statistical information provided it is easily available within the Clerk’s office;
  4. meet with the Forum at least once per calendar year.

 

Next time we will look at Section 20 – Members Clubs.

 

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.

 

On 15th May 2017, Section 53 of The Air Weapons and Licensing (Scotland) Act 2015 brought in the following offences in relation to supply alcohol to a child or young person:

 

Offences of supplying alcohol to a child or young person - Sections 104A & 104B

 

Section 104A: Supply of alcohol to a child -

A person, other than a child or young person, who buys or attempts to buy alcohol on behalf of a child, or for a child, or gives alcohol (or otherwise makes it available) to a child, commits an offence. 

 

The above does not apply to the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a child for consumption other than in a public place, or for the purposes of religious worship.  A public place includes *relevant premises, any place to which the public have access for the time being (whether on payment of a fee or otherwise), and any place to which the public do not have access but to which the child unlawfully gains access.

 

A person who commits an offence under the above offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000), imprisonment for a term not exceeding 3 months, or both.

 

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

 

Section 104B: Supply of alcohol to a young person -

A person, other than a child or young person, who knowingly buys or attempts to buy alcohol on behalf of a young person, or for a young person, or gives alcohol (or otherwise makes it available) to a young person, commits an offence.

 

The above does not apply to the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a young person for consumption other than in a public place, or for the purposes of religious worship, or the buying, or (as the case may be) giving or making available, of beer, wine, cider or perry for consumption by a young person along with a meal supplied on relevant premises.  A public place includes *relevant premises, any place to which the public have access for the time being (whether on payment of a fee or otherwise), and any place to which the public do not have access but to which the young person unlawfully gains access.

 

A person who commits the above offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000), imprisonment for a term not exceeding 3 months, or (c)both.”.

 

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

 

The Evening Times newspaper highlights this new offence in its article ”Adults buying booze for underage teens face fines up to £5000 or a jail term.”  

 

 

Alcohol Strategy refresh

The Scottish Government is expected to publish the 'refresh' of its alcohol strategy Changing Scotland's Relationship with Alcohol: A Framework for Action this summer. In collaboration with BMA Scotland, SHAAP and Scottish Families Affected by Alcohol & Drugs, Alcohol Focus Scotland has published a comprehensive set of recommendations to reduce alcohol-related harm and associated health inequalities in Scotland. Read the summary and full report

 

Our thanks to Alcohol Focus Scotland for this information.

 

 

Public Entertainment Licence (PEL) Requirements

Recent changes in legislation have removed the previous exemption for holders of an Occasional Licence from the requirement to also hold a public entertainment licence. By law it will be a criminal offence to hold an event for which a public entertainment licence is required without such a licence, without reasonable excuse, liable on summary conviction to a fine or imprisonment or both.

 

Those wishing to apply for an occasional licence should be aware of the PEL criteria, and read the guidance provided by the Council’s licensing team.   

 

A wee reminder - music and licensing

Just a wee reminder of the consequences of not being licensed. In a recent article in The Publican’s Morning advertiser,a licensee was required to pay court costs of £3,200 to the Performing Rights Society (PRS) after playing music without a licence.

 

We covered music licensing in depth in our April 2015 Newsletter and we suggest you take another look.

 

Another wee reminder – operating plan activities

Premises licence holders and premises managers are reminded that the conditions attached to every premises licence in Scotland clearly state that the sale of alcohol and any other activities taking place on licensed premises can only do so in accordance with the premises licence operating plan.  As an a example, a quick check on Facebook has revealed several on-sales premises in Argyll and Bute providing live music, but a check with their operating plans shows that none had Live Performance listed as an allowable activity. 

 

Business Gateway

Business Gateway has a new schedule of business skills workshops, including some over the summer period.  There are workshops to improve your marketing, promote your business in the local media on a small budget, and increase your reach and expand into new markets.  There is also a range of Digital Boost workshops running that will help you and your business become digitally ready.  More information can be found here.

Business Gateway’s Local Growth Accelerator Programme has now been running for 9 months and has been well received in the business community with 50 businesses registering for the programme so far and many accessing specialist advice, key sector, employment and capital grants to help their growth.  If you have a business that is looking to grow by £50,000 over the next 3 years and have a growth project in mind, a trade fair you want to attend or are thinking of taking on a new member of staff to help achieve this growth, visit www.argyll-bute.gov.uk/bglgap to see if you are eligible.  

 

 

Your questions answered

Q. “I am a new personal licence holder and premises manager.  Can you please advise me on my responsibilities, especially authorising the sale of alcohol?”

 

A. A personal licence holder is responsible for staff training and authorising and supervising the sale of alcohol by staff who are not personal licence holders.  Each licensed premises  must have a premises manager (DPM) who holds a current personal licence and who has responsible for the day to day running of the licensed premises.  You should also ensure that a Training Declaration, a written Alcohol Authorisation, and anAge Verification Policy are completed for each staff member and kept on the premises available for inspection.

Q. “Is it illegal to purchase drinks in a bar with a credit or debit card?”

 

A. Not that we know of.  We have made enquires but can find no current legislation prohibiting this.  We found an old article from 2003 in the Publican’s Morning Advertiser advising it was not an illegal practice, but it is not covered in the Licensing (Scotland) Act 2005.  We would be happy to hear from anyone who knows of such a prohibition  – contact us.

 

Licensing Board meetings dates 2017

Here are the 2017 licensing board meetings dates.

 

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.