Licensing Standards Newsletter - June 2017

Welcome and useful contacts

Welcome to our June 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. 


Update to the five licensing objectives

As of 15th May 2017, Section 41 of the Air Weapons and Licensing (Scotland) Act 2015 amends the fifth licensing objective of Section 4 of the Licensing (Scotland) Act 2005 from Protecting Children From Harm” to“Protecting Children and Young Persons from Harm”.  The five licensing objectives now read:


  • Preventing Crime and Disorder
  • Securing Public Safety
  • Preventing Public Nuisance
  • Protecting and Improving Public Health
  • Protecting Children and Young Persons from Harm


All Council documents and web pages relating to alcohol licensing are now being updated accordingly.


Premises Managers and other Personal Licence Holders involved in the training of staff should note this change as it will affect the statutory staff training syllabus which includes reference to the licensing objectives.


 Licensing Board Statement of Policy 2013-2016

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 18: Licensing Register:


The Board’s Clerk will maintain a Register which contains information in relation to premises licences, personal licences and occasional licences issued by the Board. The Register also contains information in relation to decisions of the Board.


The Register is available for perusal on Argyll and Bute Council’s website or can be made available during normal working hours at the Clerk’s office, Kilmory, Lochgilphead (tel: 01546-604128).


Next time we will look at Section 19 – Local Licensing Forum.


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. 


Duty to Display Notice– Section 110

This section has no associated Explanatory Notes

A notice in the prescribed form and of A4 size or larger is to be displayed on licensed premises at every point of sale of alcohol.  An offence is committed by the following for failure to display:

  • in the case of licensed premises -

the premises licence holder, and
the premises manager,

  • in the case of premises where an occasional licence has effect –

the holder of the licence; and

  • in the case of other *relevant premises –

the person having the management and control of the premises.

A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1000.00).

*”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.

Drunk persons entering or in premises on which alcohol is sold – Section111

A person who, while drunk, attempts to enter any *relevant premises (other than premises on which the person resides) commits an offence.

The offence is committed if the person, while drunk—

  • is on any relevant premises,
  • and is incapable of taking care of himself or herself.

A constable may arrest without warrant any person committing an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale (currently £200.00).

*”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.


GOV.UK - Crowded Places Guidance 2017

The National Counter Terrorism Security Office (NacTSO) published new guidance specifically for pubs and bars on 8th June following the recent terror attacks in the UK.  You can view and download the guidance here.  The guidance document is interactive, you can either read the whole document, or click on your area of interest for information and advice on how to maintain a safe environment for customers and staff.

Further advice on security of premises can be obtained from your community policing team at  Police Scotland by dialing the non-emergency 101 number.


National PubWatch Newsletter – June 2017

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



Sky illegal broadcasts costs licenses £10,000

The licensed trade paper, The Publican’s Morning Advertiser, ran this article in its edition of 19th June.  Two Scottish licensees have been ordered to pay £10,000 each for infringing Sky’s copyright by showing Sky Sports without a licence.  The full article can be read here. 

All licensees are advised to take note.



Business Gateway Service

Our colleagues at Business Gatewayhave asked that we highlight the service they provide.


Business Gateway can provide practical help, advice and support for new start and growing businesses in Argyll.  The service offers free and impartial business advice to anyone wanting to start up or develop a business within Argyll and Bute. The Business Gateway website and Enquiry Service can provide a wealth of information tailored to your business needs, and the local office in Lochgilphead offers one to one support from a business adviser as well as holding a range of locally run business skills workshops.


Whether you are looking for support with creating your first business plan, getting the most from your advertising, thinking of expanding into new markets or taking on staff, why not get in touch to see how Business Gateway could help your business. Our regional Business Advisers cover the Argyll and Bute area and are happy to come and meet you locally. All you need to do is get in touch to arrange a convenient time:


Telephone - 01546 604555

E-mail -

Council Website/Business Gateway Page – 



Your questions answered

Q. “My premises operating plan currently allows residents and guests to drink until 3:00am.  Can they drink on the premises, say in their rooms, after this time?


A. Yes, the 2005 Act provides for it, but you as licensee, decides whether or not to allow it.  Section 63 (2)(c)&(d) and Condition 2 of Schedule 3 of the 2005 Act provide the legal basis for alcohol to be sold to, and consumed by, residents and guests of residents on the premises outwith licensed hours.  There is no distinction in the Act between drinking outwith licensed hours in the bar or within rooms. 

Q. “I am a premises licence holder of an off sales premises that only sells alcohol online, despatching from my premises.  I plan on setting up a small stall at local festivals to promote my range of gins, and selling via remote sales, while providing limited free samples and accepting sales at the festival sites.  Bottles won’t be handed over on site and will be despatched to the customer’s address from my premises.  Can you please advise on the legality of my proposal?  Will I need an occasional licence.”


A.I believe you will need an occasional licence to cover the sales at the stall of each festival you attend, even although you are despatching from your premises.  Your premises are licensed only for off sales of alcohol via the internet, with no face-to-face selling which you will be doing at the festivals.  For the future, you may wish to consider amending the description of your premises on the premises licence and adding to the allowable activities in your operating plan to give you more flexibility for off sales at events, etc.  This will require a variation application to the licensing board.



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