Licensing Standards Newsletter - May 2017

Welcome and useful contacts

Welcome to our May Newsletter.  Contact Eric Dearie or Raymond Park for licensing standards advice and information, or the Licensing Board Teamfor 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. 

 

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 17: Attempts to Influence Board Members -

 

It is an offence for an applicant to attempt to influence a member of the Board; this will include approaches from a third party on behalf of an applicant. It should be noted that elected members have a dual role; acting as elected members of Argyll and Bute Council and as appointed members of the Licensing Board which is a separate legal body, with a specific role and responsibilities.

 

If this situation arises the Board Member will immediately report the matter to the Clerk to the Board. The Clerk will in turn notify Police Scotland and if proceedings are brought for the offence the Board will not determine the application until after the proceedings are concluded. If the applicant is convicted of the offence, the Board may refuse to consider the application.

 

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.

 

Next time we will look at Section 18 – The Licensing Register.

 

 

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. 

 

For the purposes of the 2005 Act, a child is aged from infant to 15 years and a young person is aged 16 or 17 years:

 

Delivery of alcohol by or to a child or young person – Section 108

Where alcohol is sold on any licensed premises, for consumption off the premises, any responsible person* who allows the alcohol to be delivered by a child or young person commits an offence.

Any responsible person who delivers the alcohol, or allows it to be delivered, to a child or young person commits an offence.

The above do not apply to the delivery of the alcohol by or to a child or young person who works on the relevant premises or at the place where the delivery is made in a capacity (whether paid or unpaid) which involves the delivery of alcohol.

It is a defence for a person charged with allowing delivery to show that the he believed the child or young person to be aged 18 or over, and either he had taken reasonable steps to establish the child's or young person's age, or no reasonable person could have suspected from the child's or young person's appearance that the child or young person was aged under 18.

Reasonable steps to establish the child's or young person's age means that the person was shown any of the documents mentioned below and that that document would have convinced a reasonable person:

Passport;

European Union photocard driving licence;

Such other document, or a document of such other description, as may be prescribed.

 

It is a defence for a person charged with allowing delivery to prove that he took all reasonable precautions and exercised due diligence not to commit the 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.

*A responsible person is the premises manager or other person working on the premises authorised to sell alcohol.

Sending a child or young person to obtain alcohol – Section 109

Any person who knowingly sends a child or young person to obtain alcohol sold or to be sold on any licensed premises for consumption off the premises commits an offence.

It is immaterial whether the child or young person is sent to obtain the alcohol from the licensed relevant premises where it is sold or from some other place from which it is to be delivered.

The above does not apply where the child or young person works on the relevant premises or at the place where the alcohol is to be delivered in a capacity (whether paid or unpaid) which involves the delivery of alcohol.

A person guilty of an offence under this section is liable on summary conviction to —

(a) a fine not exceeding level 5 on the standard scale – currently £5000.00;

(b) imprisonment for a term not exceeding 3 months; or

(c) both.

 

National PubWatch – April Newsletter

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

 

 

Licensing law changes coming into force in May

Sections of the Air Weapons and Licensing (Scotland) Act 2015 are due to commence on 15th May 2017.  This commencement will not bring into force all the remaining licensing provisions but after 15th May 2017 the majority of amendments will be in place. The 2015 Act can be viewed here to enable you to refer to the following provisions coming into force:

Section(s)

Comments

41

Licensing Objectives – “protecting children from harm” will now read “protecting children and young persons from harm”

43; 44; 45; 46; 47 & 48

Fit and proper person test in relation to premises licence applications; transfers; reviews and in relation to personal licences; applications and renewals; notice of conviction; and conduct inconsistent with the licensing objectives

50 & 51

Relevant offences and foreign offences

53

Offence of supplying alcohol to a child or young person

54

Meaning of “alcohol”: inclusion of angostura bitters

56

Duties of Licensing Boards to produce annual reports

57

Powers of Licensing Standards Officers - providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives

58

Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives in relation to personal licence holders

60

Personal licences: grant, duration and renewal

62

Form etc. of applications, proposals, notices and other communications

87

Minor and consequential amendments and repeals

Part 2 of schedule 2, para 4(1), (3), (5) and (7) Amendments relating to Part 2

Various updates and amendments to sections of the 2005 Act

 

 

New rules for Nicotine Vapour Products and Tobacco

From 1st April 2017, new rules apply in Scotland to the sale and purchase of tobacco and nicotine vapour products (NVPs) (commonly known as e-cigarettes and similar products).

 

This legislative changes mean that from now on:

 

  • it is illegal to sell NVPs to anyone under 18;
  • it is illegal to buy NVPs for someone under 18;
  • all retailers selling tobacco or NVPs will need to be registered on the Scottish Register of Tobacco and Nicotine Vapour Product Retailers
  • stores will need to have an age verification policy for sales of tobacco and NVPs an unauthorised person under 18 will not be able to sell these products

 

Argyll and Bute Council’s Trading Standards Section will be enforcing the legislation made under the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, and can be contacted for business advice and guidance at tradingstandards@argyll-bute.gov.ukor by telephone on 01546 605519.

 

Further advice is available at the register of tobacco and nicotine vapour product retailers and in this short video from South Ayrshire Trading Standards.

 

 

Your questions answered

Q. “I want to site tables outside my premises for outdoor drinking.  I own the land but it sits apart from my premises across the public highway.  How do I go about this?  Also, what would be the situation if I wanted to site the tables in the public area adjacent to my premises?”

A.In relation to an outdoor drinking area on your own land, initially, contact should be made with the Council’s Planning Department to confirm whether consents are required for this.  You will also have to consider the safety of customers and staff regarding the highway.  You would then apply for a major variation to the licensing board to allow the outdoor area to be used as part of your licensed premises.

 

In relation to the public space proposal, the Council has in place a Cafe Culture Policy which is a step-by-step guide on how to apply for a pavement licence.  Only when a pavement licence has been granted can you then apply to the licensing board for the grant of outdoor drinking, again through a major variation application.  

 

Q.  “I’m the secretary of a club.  How do I go about updating children and young persons access to the club, especially the times when they are allowed access?”

 

A. Updating is relatively straightforward.  If you are looking to reduce access times, then a minor variation application to the licensing board will be required.  If you are looking to increase access times, then this would be a major variation.  In either case, you should record the proposed access times on the variation application form. You should be aware that it is Board policy that access is usually restricted to 9:00pm, unless the child or young person is attending a pre-booked function.  But each application is treated on its own merits and a later access time may be suitable if the club can provide good reason for any later time.  Further advice can be obtained from the licensing board team.  

 

 

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.