Licensing (Scotland) Act 2005 – Section 19
“Premises Manager”, in relation to any licensed premises in respect of which a premises licence has effect, means the individual for the time being specified as such in the premises licence.
An individual may not, at any one time, be the premises manager of more than one premises.
Sale of Alcohol - Schedule 3
Alcohol is not to be sold on the premises at any time when—
a) there is no premises manager in respect of the premises,
b) the premises manager does not hold a personal licence,
c) the personal licence held by the premises manager is suspended, or
d) the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises.
“Appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d).
The premises manager is not required to be present on the premises at the time any sale of alcohol is made.
Substitution of a Premises Manager
Licensing (Scotland) Act 2005 – Section 54:
This section deals with circumstances where:
- The premises manager ceases to work at the premises;
- The premises manager becomes incapable of acting as a premises manager;
- The premises manager dies; or
- Where the personal licence held by the premises manager is revoked or suspended
and gives a “period of grace” to allow the premises to continue operating despite not having a premises manager and pending the recruitment of a new one.
It places a duty on the premises licence holder to inform the Licensing Board in writing of such circumstances above within 7 days, and provided this notification to the Licensing Board has been complied with, the premises licence holder then has a maximum of 6 weeks to appoint a new premises manager.
It should be noted that the 6 week period starts from the date of the above circumstances and therefore includes the initial 7 day period where the premises licence holder must notify the Licensing Board in writing.
If you require further information on the role and responsibilities of the premises manager please contact one of the licensing standards officers.