Licensing Standards Newsletter - October 2017

Welcome and useful contacts

Welcome to our October 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.

 

On-trade festive licensing hours 2017

As in previous years the licensing board has set the period during which extended hours applications form on-trade premises will be considered.

 

Licensing Board Statement of Policy

The current policy document can be viewed here and each month we will continue to look at each section in summary.  This month we look at Section 22: Licensing Standards Officers [LSOs]:

There are two Licensing Standards Officers employed by Argyll and Bute Council. These officers are separate from the Licensing Board and their role is to provide guidance to interested parties; ensure compliance by the holders of premises licences and occasional licences; and to provide mediation to avoid or resolve disputes. They will also participate in the Argyll and Bute Local Licensing Forum.

 

The Licensing Standards Officers will work with the public, the Council’s Partners, Alcohol and Drugs Partnership and the business community in seeking to promote the five licensing objectives and ensuring compliance with the law.

 

Next time we will look at – Duplication with Other Licensing Regimes.

 

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.

 

Refusal to Leave Premises– Section 116S

This section has no associated Explanatory Notes

A person on any *relevant premises who behaves in a disorderly manner, and refuses or fails to leave the premises on being asked to do so by a *responsible person or a constable, commits an offence.  A person on any relevant premises who, after the end of any period of licensed hours, refuses or fails to leave the premises on being asked to do so by a responsible person or a constable commits an offence.  Where a person refuses or fails to leave any relevant premises, an *authorised person may remove the person from the premises, and if necessary for that purpose, use reasonable force.  A constable must, if asked by an authorised person, provide the assistance asked for.

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].

Authorised person means, a responsible person, and any other person who works on the premises, and is authorised by a responsible person.

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

 

*Responsible person means - the premises manager; the holder of an occasional licence, the person having management and control of any premises, and any person aged 18 or over who works on the premises in a capacity (whether paid or unpaid) where the person is authorised to sell alcohol.

 

Offences relating to sale of alcohol to tradeS– Section 117

This section has no associated Explanatory Notes

A person who sells alcohol to trade otherwise than from licensed premises or premises which are used exclusively for the purpose of the selling of goods (whether solely alcohol or not) to trade commits an offence.  A person guilty of this offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale, [currently £5000.00].

 

National PubWatch Newsletter – October 2017

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

 

Motion Picture Licensing Company (MPLC)

You may have received communication from the Motion Picture Licensing Company (MPLC), a collection society which licenses rights on behalf of various film companies and independent producers.  MPLC functions similar to The Performing Rights Society (PRS) and Phonographic Performance Ltd (PPL).

 

Previously there had been an exemption for showing films via free-to-air services, for example if you had a TV in a lounge or bar that played films on channels such as BBC or ITV.   However, there has now been a requirement on the UK Government to remove that exemption to bring UK copyright law into line with European copyright law.

 

For many years, the broadcast of ‘films’ (which includes films and programmes) on television in a public place –including hotel foyer, lounge, gym, reception and bar areas– without entry fee was exempt (Section 72, Copyright Designs and Patents Act).   In its new form, Section 72 leaves the broadcast itself exempt but not the rights of the owners of films and, (as was previously the case before the amendment but not enforced) the rights of individual copyright owners whose material is used in the broadcast   Therefore you now need to gain a licence through the Motion Picture Licensing Company (MPLC) if you continue to provide this service to your customers in public areas.   The fee is set by the size of the public area in each establishment and a table of the charges is available on the MPLC website (see below).

 

MPLC has confirmed that it does not require a licence for broadcasts in hotel bedrooms or SKY Sports and dedicated news channels, but televisions in public areas would need to be locked to these channels - you cannot just say that “we only show the news channel” - the test is that the TV is not able to be switched to film-playing channels. Other broadcasts on the BBC and ITV, satellite, cable channels etc. would require an MPLC licence.

 

So far only the Motion Picture Licensing Company has asked that the rights of the producers of films and programmes it represents be licensed. However, it should be noted that an MPLC licence will cover only the films it represents, not the many other films shown on television.

 

If this affects you, we strongly recommend you seek legal advice.

 

Information on the Motion Picture Licensing Company can be found here.   

 

General guidance can be found on the gov.uk website

  

Produced with the assistance of the British Hospitality Association.

 

Young Scot PASS Pack

The Sale of Alcohol to Children and Young Persons (Scotland) Amendment Regulations 2013 includes the PASS Scheme as a source of valid identificationThe Young Scot National Entitlement Card with the PASS hologram is a legal and trusted way for young people to prove their age and access those goods and services to which they are entitled. It is supported by a number of organisations including, the Scottish Government, Police Scotland, the Retail Consortium, and Scottish Grocers Federation.

Young Scot launched its new  PASS Pack on 3rd October 2017.  The pack has been endorsed by  SCOTSS (Society of Chief Officers of Trading Standards) and circulated to Trading Standards within all Local Authorities.  Young Scot is keen to get the message out to retailers and the licensed trade.  It is also keen to dispel any myths about PASS and encourage responsible retailers who use PASS to allow young people to access the goods and services they are entitled to. 

For more information, or to order a Young Scot PASS Pack, your local Young Scot contact is Roanna Clark and Roanna can be contacted by phone on 01546-604752 or by e-mail at Roanna.clark@argyll-bute.gov.uk or visit the Argyll and Bute Young Scot web page.

 

Your questions answered

Q. “I am in negotiation to take over a licensed restaurant which has been closed for some time.  I have now found out that the seller has surrendered the premises licence to the licensing board.  Is it possible to resurrect the surrendered licence so that it can be transferred to me?”

 

A. Unfortunately no. There is no mechanism in the 2005 Act allowing a surrendered licence to be brought back for any purpose.  A surrendered licence is treated as defunct, requiring a new premises licence application to sell alcohol on the premises.

 

Q. “I am the premises manager of a local pub.  I have been offered a premises manager post at another premises.  Is there any action I need to take to keep myself right with licensing?”

A. Section 19 of the 2005 Act stipulates that an individual cannot be a premises manager for more than one premises.  It is the responsibility of the premises licence holder of the premises where you currently work to notify, in writing to the licensing board within 7 days, of you leaving your post.  I would also recommend that you contact the licensing board in writing to advise that you are no longer the premises manager, including the date of your leaving.  The premises licence holder of the premises you are going to is also required to notify the licensing board when you take up your new position.  Further information can be found on the Council’s website.      

Licensing Board meetings dates 2017

The last meeting date of 2017 can be found here.

 

Licensing Board meetings dates 2018

Here are the 2018 licensing board meetings dates.

 

Personal Licence Statutory 10 year Renewals

All personal licence holders whose licences were issued in 2009 should be aware that the requirement to renew their licences starts from 1st September 2019. 

 

This may seem a long way away, but it will affect a considerable number of licence holders, so training courses may be at a premium.  Licensing Standards urges all personal licence holders affected by this deadline to diary the date and make arrangements with accredited trainers to have the training provided.  Failure to renew your personal licence by the expiry date on the front of your licence will result in the licensing board revoking the licence.

 

As yet, the format for training, either the full SCPLH course or refresher course, has still to be decided on by the  Scottish Government.

 

A recent article on this in the ‘Scottish Licensed Trade News’ can be viewed here.

 

This article will feature in each Newsletter from now on as a reminder to personal licence holders.

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.   

 

It is unfortunate that the licensing board still has to revoke personal licences at each licensing board meeting.  On average 20 licences are revoked at each meeting, simply because the licence holder has not refreshed their licence and/or advised the Board within statutory timescales.  Many licences to be revoked are held by Designated Premises Managers (DPMs) having ramifications for premises selling alcohol.

 

Please contact the Council’s Licensing Board Team for more information on what is required.

 

This article will feature in each Newsletter from now on as a reminder to personal licence holders.

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.