Licensing Standards Newsletter - September 2016

Welcome and useful contacts

Welcome to our September 2016 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

Currently, the Licensing (Scotland) Act 2005 requires that every three years each licensing board in Scotland must produce a Statement of Licensing Policy.  The current policy covers the period 2013-2016.  This requirement is set to change from September of this year through the new Air Weapons and Licensing (Scotland) Act 2015.  This change will link the timing of licensing board policy statements to local government elections, meaning refreshed policies will not be required this November but in November 2018.  The current policy document can be viewed and downloaded here.  The policy document is broken down into 24 sections covering, in general terms, the working of the licensing board.  We will look at each section in summary. 

This month we will look at Section 8 – Licensing Hours.  The following is the policy statement summarised:

  1. Off Sales licensing hours are 10:00 am to 10:00pm daily. These hours are fixed by law and cannot be altered by the Board;
  2. On sales licensing hours shall generally be no earlier than 11:00am and no later than 12 midnight (Sunday to Thursday) and 1:00am (Friday & Saturday);
  3. Premises should trade to hours granted.  If this is, or becomes, economically unviable, on particular days, or at particular times of the year, a variation to licence should be applied for;
  4. Late opening premises must consider the impact their operation has on the neighbourhood (e.g. music noise; disorder; or public nuisance; dispersal of patrons);
  5. Extended Hours Applications should be submitted at least 35 days prior to the date of the event;
  6. Festive extended hours: the Board will agree annually the specific dates over the Christmas and New Year period.  These dates will normally cover a period of approximately three weeks over the festive period;
  7. The Board is now empowered to consider extended hours applications of a period of not less than 24 hours where the Licensing Board is satisfied that the application requires to be dealt with as a matter of urgency (e.g. catering for a funeral).

Next Month we will look at Section 8 – Occasional Licences.

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.

Best Bar None - “A good night out…?”

Best Bar None Scotland has launched the “Good Night Out…?” campaign which highlights the dangers of vulnerability on a night out and encourages licensed trade staff and the public to look out for anyone in that position.  The three film campaign portrays the nights out of three different people with differing consequences and poses questions to viewers on how actions and interventions by various people could have led to different outcomes.  Full details of the campaign can be found on the Best Bar None Scotland Website or through the current edition of the Scottish Licensed Trade News.

Plastic banknotes are being rolled out

The changeover to plastic banknotes is being rolled out across the UK from this month with conventional paper banknotes being withdrawn from May 2017.  The Trade paper The Morning Advertiser has provided information on the change in its recent article 13 things you need to know about the plastic banknotesWe recommend that you have a look at this article and ask that premises managers make staff aware of the changes.

Alcohol Focus Scotland Licensing Toolkit

Further to our previous article, the Toolkit can now be accessed from our web page   

 Your questions answered

Q. I know that pubs have 15 minutes drinking up time,  is it different for restaurants?

A. The Licensing (Scotland) Act 2005, Section 63(2)(e) covers this and states that where alcohol is sold during licensed hours, along with a meal and for consumption at the meal, then alcohol can be consumed up to 30 minutes at the end of licensed hours.

Q: “I want to run a tasting event/promotion within my off sales shop and sell wines and whisky etc., at discount prices for this event.  Is this okay?”

A.  If tasting is to become a normal part of business then we recommend you include this as an additional activity at (5f) within your Operating Plan.  Any promotion within the shop must be carried out within your authorised display area and any alcohol promotion in terms of price change, must last for at least 72 hours.  In  terms of flyers, ‘A’ Boards, or other external advertising, these cannot be distributed/displayed within 200 metres of the shop. However you can mention alcohol price changes (72 hours) through Social Media or in a newspaper article, etc. 

Licensing Board meetings dates 2016

Here are the 2016 Argyll and Bute 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 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.