Licensing Standards Newsletter - September 2017

Welcome and useful contacts

Welcome to our September 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 21: Excluded Premises - Garages.

The 2005 Act stipulates that certain premises are excluded from authorising the sale or supply of alcohol. This includes motorway service stations and premises or parts of premises used as a garage. Premises are used as a garage if they are used for one or more of the following:-

  • the retailing of petrol;
  • the retailing of diesel;
  • the sale of motor vehicles; and
  • the maintenance of motor vehicles

There is an exemption to the above.  If a premises (or parts of a premises) are used as a garage they will be able to apply for an alcohol licence if the local community is (or is likely to become) reliant to a significant extent on the premises as a principal source of either fuel or groceries. The effect of this exemption is not limited to rural areas, as there may be instances in urban or other areas where the community is reliant on the premises as their local shop.

In determining an application for such a premises licence, the Licensing Board expects the applicant to provide sufficient information to enable the Board to consider:

  • the locality in which the premises are situated,
  • what other sources of (a) fuel and/or (b) groceries are in that locality, and
  • the extent to which persons resident in that locality are, or are likely to become, reliant on the premises as the principal source of (a) fuel, or (b) groceries.

Factors the Licensing Board may consider include:

  • the number of, and distance to other licensed premises
  • the number of premises selling fuel or groceries in the locality;
  • the distance to the nearest other premises selling fuel or groceries;
  • the opening hours of other premises selling fuel or groceries in the locality;
  • the number and/or percentage of persons resident in the locality who are, or are likely to become, reliant on the premises, and
  • to what extent, as the principal source of (a) fuel or (b) groceries, with particular reference to weekly groceries rather than convenience goods.

The Board will have regard to the five licensing objectives when determining such applications and in determining what, if any, conditions it may impose – e.g. it may be considered appropriate to restrict the display of alcohol to a particular area within the premises.

Next time we will look at Section 22 – Licensing Standards Officers.

 

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.

 

Premises Manager, staff, etc. not to be drunk – Section 114S

This section has no associated Explanatory Notes

Any *responsible person in relation to any relevant premises who is drunk while on the premises commits an offence.  A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).

*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.

Disorderly conduct – Section 115S

This section has no associated Explanatory Notes

A person on *relevant premises who, while drunk behaves in a disorderly manner commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000), or imprisonment for 60 days or both.

 

A person on *relevant premises who uses obscene or indecent language to the annoyance of any person commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).

 

Any responsible person in relation any *relevant premises who allows a breach of the peace, drunkenness, or other disorderly conduct, to take place on the premises commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).  It is a defence for a person charged with this offence (“the accused”) to prove that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised due diligence not to commit the offence, or that there were no lawful and reasonably practicable means by which the accused could prevent the conduct giving rise to the offence.

 

*Relevant premises means - any licensed premises, any exempt premises on 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.

 

Alcohol Focus Scotland – Licensing Resource Pack

Alcohol Focus Scotland has published a Licensing Resource Pack which is a comprehensive guide for professionals working with alcohol licensing. 

 

The pack updates information contained in previous licensing toolkit factsheets and is aimed at supporting professionals involved in the licensing process in Scotland to develop good licensing practice, including the development of new policy statements.  A copy can also be viewed on our licensing standards web page,  just scroll down to the alphabetical links and click.

The Premises Licence Operating Plan

Just a reminder to licensees, premises managers and others working in the licensed trade of the importance of adhering to the terms of the premises licence operating plan.  The plan dictates not only the terms for the sale of alcohol but all other activities ongoing on the premises.  So now may be a good time to review your operating plan to ensure you are not breaching its contents and that it still fits your business model.This article from licensing solicitor Jack Cummins, in the 31st August edition of the Scottish Licensed Trade News, explains responsibilities in relation to operating plans. Contact licensing standards for further information.

Your questions answered

Q. “I am holding part of my wedding reception on a beach on Mull, and then heading to a local hotel for the remainder of the celebration.  I intend providing drinks on the beach for guests.  There will be no sale of alcohol.  Is this acceptable without a licence and can you tell me if this would fall foul of any local public drinking prohibitions?”

 

A. From the information you provide, and provided there is no sale of alcohol, a liquor licence is not required for the drinks.  A check with the Argyll and Bute Council websiteadvises that no area on Mull is covered by Public Drinking Bylaws, so you can toast your wedding on the beach.

 

Q. “Can you provide information on the rules for employing children and young persons on licensed premises?”

A. We fully covered employment in our September 2014 Newsletter (scroll down to employing young people in licensed premises).  In short, in Off-Sales premises, the under 18 can sell alcohol.  In On-Sales premises the under 18 can serve or supply alcohol as part of a meal but cannot sell.  As you will see from the newsletter, there other regulations and bylaws governing employment and you must not disregard these when considering employing persons under 18 on your premises.  

 

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.   

 

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.

 

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.