Licensing Standards Newsletter - October 2016

Welcome and useful contacts

Welcome to our October 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 hereand each month we will look at each section in summary.  This month we will look at Section 9 – Occasional Licences.  The following is the policy statement summarised:

An Occasional Licence is a temporary licence allowing the sale of alcohol on premises that are not ordinarily licensed (e.g. village hall; marquee, etc.)  An occasional licence can be granted for an event lasting up to a maximum of 14 days and those eligible to apply for an occasional licence are:

a premises licence holder;

a personal licence holder; and

a voluntary organisation (details of what constitutes a voluntary organisation can be found in Annexe 4 of the Licensing Board’s Policy Document)

There is no limit to the number of applications made by a premises or personal licence holder, but a voluntary organisation and members’ club are restricted in any 12 month period to:

  • not more than 4 occasional licences each having effect for a period of 4 days or more, and not
  • more than 12 occasional licences each having effect for a period of less than 4 days

In any period of 12 months, the total number of days on which occasional licences are issued must not exceed 56.

Occasional licences will not normally be granted to have effect prior to 11:00am and in excess of 1:00am and a good case would have to be made by the applicant to exceed these limits.

To enable time for processing, the application should be submitted not less than 35 days prior to the event to be licensed.  In urgent applications (e.g. catering for a funeral), this timescale can be reduced to not less than 24 hours prior to the event

Next Month we will look at Section 10 – Mandatory Conditions.

Premises Licences - payment of annual fees

This is a reminder from the Argyll and Bute Licensing Board to all premises licence holders that payment of annual fees is due each October.  Each premises licence holder will be contacted by the licensing board and further information can be obtained by contacting the Council’s licensing team here.

Failure to pay the annual fees is a breach of licence condition 10 and could lead to a review of premises licence and sanctions being imposed under that review.  Premises Licence Holders should ensure that their premises licence details (e.g. name; addresses and description, etc.) are up-to-date with any changes being notified to the licensing board.

On-trade festive licensing hours 2016

The Licensing Board has published its festive extended hours policy for on-sales premises in Argyll and Bute.  Those wishing to take advantage of the policy are reminded that extended hours applications must be submitted at least 35 days prior to the extended hours date(s).

The policy document.

Licensing Standards - licensee start-up pack

On the grant of a new premises licence or transfer of licence, or change of Designated Premises Manager (DPM), Licensing Standards issues an information start-up pack to help with the running of the business during the early days and includes information on theLicensing Standards Advice Pack; premises notices; staff training & alcohol authorisation and age verification.  It also includes Challenge 25 posters; information on the Scottish Government’s 25ml wine initiative and information on food hygiene.

If you would like a copy of the start-up pack for your premises contact Eric Dearie or Raymond Park. 

National PubWatch Newsletter – October 2016

Here is a link to the current National PubWatch Newsletter, which includes a link to the film ‘The Ban’, detailing the dynamics of decision making in a typical PubWatch committee.  

 Your questions answered

Q. “I am training my staff, where can I find information on the 16 points of licensing?”

A.  The Licensing (Training of Staff) (Scotland) Regulations 2007details the training to be provided by premises managers, personal licence holders or accredited trainers when training staff who are not personal licence holders.  There are several training materials on the market which include the 16 points of licensing and an internet search on Staff Licensing Training will locate these.  Remember, we will be looking for the syllabus used to train staff during our premises inspections.

Q. I’m holding a wine tasting event in a local hall.  Entry is by ticket only costing £10.00 each.  Will I need an occasional licence to cover this event?

A.  Yes.  Section 3 of The Licensing (Scotland) Act 2005 dictates that a supply of alcohol is to be treated as a sale where the right to the alcohol is acquired under a contract. So, by charging entry to this event you are forming a contract with each entrant and although you are not charging directly for the wine you are charging indirectly through the ticket price and thus requiring the event to be licensed.

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:

  • 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, 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. 

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.