2008/2009 will see the introduction of the Licensing Scotland Act 2005 as former Health Minister Andy Kerr’s solution to the “next big public health issue”.
The Act aims to break the link between binge drinking and crime by “cracking down on irresponsible promotional activities such as happy hours and specific promotions such as
‘2 for 1s’, which encourage binge and speed drinking.”
This legislation is the most significant change to licensing laws in Scotland since the 1976 Act. The legislation shall have far reaching consequences for the way licensed premises are run and how we deal with selling alcohol in the future.
Licensing Objectives
Central to the new licensing system are these five “licensing objectives”
- Preventing crime and disorder
- Securing public safety
- Preventing public nuisance
- Protecting and improving public health
- Protecting children from harm
Licensing Boards will have to take these into account when considering:
- their own local policies
- an application for the grant of a Premises Licence
- whether to attach conditions to a Premises Licence
- imposing sanctions upon the Personal Licence holder and reviewing a Premises Licence.
Types of Licence – The seven types of licences that we know and love (Public House, Hotel, Restaurant, etc) will be replaced by two types of licence.
Premises Licence
Every premises that sells alcohol will require to obtain a new “Premises Licence”. That means that around 20,000 licensed premises will have to re-apply for their licence during the transition period.
Each new Premises Licence will be governed by a compulsory operating plan and will need a layout plan in a prescribed form.
Premises Licence continued on next column...
Premises Licence continued
Mandatory conditions designed to prevent happy hours and irresponsible drinks promotions shall apply. Special rules will control entertainment venues that wish to trade beyond 1.00 am.
The rules on children and young persons in licensed premises will change significantly.
Personal Licence
Any person that authorises or supervises the sale of alcohol must obtain a Personal Licence. Every sale of alcohol made on the premises must be authorised by (a) the Premises Manager or (b) another person who holds a Personal Licence.
A Personal Licence holder must obtain a new licensing qualification. Existing Scottish Licensee or Servewise Plus Certificates will not be sufficient.
All other staff involved in the sale or supply of alcohol must be “suitably” trained - so that includes waiters taking glasses away.
Grandfather Rights
If you apply on time and the application under the new Act is on a “like for like” basis, there are partial Grandfather Rights available to existing licensees as follows:
- Licensing Boards can not refuse the new Act application solely on the grounds of overprovision.
- You will not have to obtain planning, building control and food hygiene certificates of suitability.
To enjoy Grandfather Rights, licensees will require to apply under the new Act according to the month of the Quarterly Board in which their existing licence is due to expire. For example, a Public House licence that is due to be renewed in the month of October 2010 will require to lodge their new application by 1 October 2008.
