Licensing Standards Newsletter - November 2016

Welcome and useful contacts

Welcome to our November Newsletter.  The newsletter is free and you can get it direct to your inbox by selecting 'licensing newsletter' on the right of the Council website homepage,  then add your e-mail address and click Subscribe.

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.

Licensing Board Statement of Policy 2013-2016

The current policy document can be viewed and downloaded here and each month we look at each section in summary.  This month we will look at Sections 10 & 11 – Mandatory Conditions & Discretionary Conditions.   The following is the policy statement summarised:

We have already covered the standard conditions attached to all premises licences and these can be found in earlier editions of the Newsletter.

Late Opening Conditions

There are also additional conditions imposed on premises open between 1:00am and 5:00am where:

a)    The capacity of the premises is of at least 250 people;

b)    The premises regularly provides live or recorded music with a decibel level exceeding 85dB;

c)    There are facilities for dancing or adult entertainment; or

d)    When fully occupied there are likely to have more customers standing than seated.

These conditions are:

a)    There must be a personal licence holder present on the premises from 1:00am until the premises close;

b)    There must be effective policies in place in relation to the evacuation of the premises and the prevention of the misuse of drugs on the premises;

c)    A CCTV system must be installed on the premises and properly maintained;

d)    There must be persons responsible for checking on the safety and wellbeing of persons using any toilet facilities on the premises; and

e)    A licensed door steward must be positioned at every entrance to the premises, from 1:00am until the premises close.

Discretionary Conditions

If required by the Board to do so, licensed premises must provide a documented noise management plan submitted to and agreed by the Licensing Board to control noise nuisance to the nearest sensitive noise receptors.

The Board can also impose such other conditions as they consider necessary or expedient to promote the licensing objectives or to give effect to the provisions of this Policy Statement. The decision whether to impose a condition will be made on an objective basis, taking account of any representations and any other relevant information available to the Board.

Next Month we will look at Section 12 – Public Awareness Materials.

On-trade festive licensing hours 2016

This is a reminder of the Licensing Board’s Festive extended hours policy for on-sales premises in Argyll and Bute.  The policy document can be viewed here.

Festive Season Trading

The information below was first published in our December 2015 Newsletter and we have decided to reproduce it again for this Festive Season.  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. Ensure staff, especially part-time or casual staff, are fully trained and are explicitly informed of their responsibilities.
  2. If possible have a personal licence holder on duty at all times.
  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. Monitor smokers to reduce large numbers congregating outside your premises.
  9. 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.
  10. Have a dispersal policy that staff are aware of which will quickly and safely vacate customers from the premises at the end of the night.

 Your questions answered

Q. “I am aware that I have to have an Age Verification Policy for my premises, but am I required to display the Challenge 25 poster?

A.  Although not a legal requirement to display this poster it is a visual reminder to customers that your staff will enforce Age Verification legislation on your premises.

Q. “Can I be premises manager for more than one premises?”

A.  No.  The 2005 Act is clear that a Designated Premises Manager (DPM) can only be such for one premises.

Licensing Board meetings dates 2017

Here are the 2017 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.  The last meeting of the year will be held on:

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, Adele Price-Williams on 01546-604480 or by e-mail at adele.price-williams@argyll-bute.gov.uk   

Forum meetings are open to the public and should you wish to attend to observe, it is recommended you contact Adele Price-Williams 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.