New Licensing Laws to come into force
The Licensing (Scotland) Act 2005 comes in to force on 1 September 2009. Although some time away, there are a number of changes brought in by this new Act of which you need to be aware. Beginning 1 February 2008 there is to be a 19 month transition period to allow licencees to prepare for the new regulations.
The current Public House, Restaurant, Hotel, Refreshment and Entertainment licences will be replaced by a Premises Licence and a Personal Licence for every licensed premises.
In addition, there will no longer be quarterly boards and applications will be dealt with as and when they are made.
There will no longer be a requirement to renew the licence every three years. Premises Licences will be open ended and will continue in force as long as the premises are run within the terms of their Operating Plan.
The Premises Licence
The Premises Licence is a single form of licence for any premises which sell alcohol. Each Premises Licence will be tailored to the activities intended to be carried out at the premises to which it applies.
Tailoring of the Premises Licence will be achieved through the requirement that the licence is accompanied by a detailed Operating Plan and Layout Plan.
The Operating Plan will have to set out the following:
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A description of the activities to be carried out at the premises. This will mean that thought will have to be given to any activity which might be carried out on the premises throughout the term of the licence, i.e. if live music will be provided or a quiz night operated.
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Times during which alcohol will be sold. Account will have to be taken of extended hours which would be sought at Christmas, New Year and other regular events.
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Whether liquor will be sold for consumption off the premises.
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Times during which other activities will take place.
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Details of whether children will be allowed access together with the times, ages and parts of the premises at which access will be allowed. Children’s certificates will be abolished.
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Capacity.
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Details of the Premises Manager.
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Individual Licensing Boards may require further information.
Any amendment to the Operating Plan will have to be made by applying to the Licensing Board for variation. The way in which the Boards deal with those applications will depend on the extent of the variation applied for.
Personal Licences
Personal Licences are intended to ensure that anyone managing liquor licensed premises is capable of doing so. Anyone obtaining a Personal Licence will require to undergo the training required by the Board. These Licences will remain in force for 10 years and be renewable thereafter.
Any sale of alcohol on a premises will have to be “authorised” by a Personal Licence holder. This can be a general authorisation but larger establishments are likely to require more than one Personal Licence holder to ensure a suitable level of supervision.
Transition
Existing Licences
Throughout the transition period, 1976 Act licences will remain in force. All will be automatically terminated as at 1 September 2009.
All current licencees are required to apply for their licence under the new regime according to the month that their existing licence is due to expire:
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March expiries – 7 March 2008
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June expiries – 6 June 2008
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October expiries – 3 October 2008
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January expiries – 9 January 2009
Boards then have 6 months from those dates to process any application made. Any late applications will lose their “grandfather rights”. They would therefore be treated as new applications and subject to overprovision, building standards, planning and food hygiene assessments.
Personal Licences
Personal Licences will have to be applied for at the same time as application is made for the premises to which they relate.
New Licences
Any applications for new licences during the transition period will have to be made by way of a “hybrid” application. All of the information, certificates and plans required under both the 1976 and 2005 Acts will require to be lodged.
It is important therefore to act now to ensure that your property complies with the new licence requirements and you are ready when the new Act comes into force in 2009.
FOR FURTHER INFORMATION PLEASE CONTACT: ALISON GOW