Licensing Course Book 63 (Scotland) Nicola Baylis & Janet Hood ‘ ae oF (@) HighfieldLicensing Course Book PERSOMALLICENCE (Scotland) Nicola Baylis and Janet Hood Publishes by © 2020 Highfield Products Limited Highfield Place, Shaw Wood Business Park, Shaw Wood Way, Wheatley Hils, Doncaster, DN2 STB, UK 01302 363277 Infoahighfeld.co.uk wwrwhighfield.couk SBN 978-1.912633-61-6 6° Edition Decomber 2020 Alinghtsreseve. No part hspubication ney e reproduced stored areal stem, ovanemted Inanytermorbyany mers elector potecopying, ‘recording orotante without te prs prmison ot ight Proaucs Lined Thepubliherof hs bookhasmade vey efoto our ocaracy of te infrmaton contained inti book Heer te autho Hghitld Padus nied nr “anyone invobedin the ceaon of tis publeaon aces repos forrynaccirace ole toimglemert cect however cased Disclaimer of Endorsement felerenceooranyinageofany spec commercial or rnor-commera oduct procetsorsaceby cman) rome vade ame, ade mar serdce mare mance ‘raters doesnot onsite rp endorse of recommendation by hgh Poduts mt Highfield ‘global ieaderin compliance and work-based learning training materialsLicensing Course Book (SCPLH) introduction Meet the authors. How to use the Licensing Course Book Icons used in this course book Chapter 1: Introduction te licensing law Reasons for and importance of the Licensing (Scotland) Act 2005 ‘Aims of the Act and framework ‘The meaning of'Alcohol’ The § licensing objectives The sale of alcohol Broad understanding of the Act Chapter 2: Key roles in licensing Roles and purposes of the licensing boards Functions and roles of Licensing Standards Officers (LSOs) Roles and powers of other statutory bodies Chapter 3: Personal icence Background What a personal icence is and what it permits the holder to do Applying fora personal licence Applicant’ duty Lifespan ofa personal licence Renewing a personal licence Duty to complete refresher training Duties ofa personal licence holder What if my licence is lost or stolen? Grounds for the review of a personal licence Conduct inconsistent with the licensing objectives Endorsements eo oannan 10 " B 13 13 4 16 16 16 7 7 18 18 18 Chapter 4: Premises licences - part 1 an introduction The purpose ofa premises licence The contents of a premises licence Who can apply fora premises licence? ‘The purpose and contents of the operating plan The operating plan - important points The purpose and contents of the layout plan Types of variation application Occasional licence Legal duties and responsibil of a premises licence holder Change of premises manager Role and legal duties of a premises ‘manager Understanding risk assessment Best practice policies Chapter 5: Premises licences part 2- conditions and licensed hours ‘Mandatory and local conditions Late opening and other premises Local conditions Alcohol pricing and promotions Operating conditions of members’ clubs Licensed hours Extensions to licensed hours Chapter 6:Contro! of order Drunkenness and disorderly ‘conduct on licensed premises Premises licence review Knowledge of interactions and interventions from police Police powers of entry and inspection Closure orders 19 19 19 19 19 2 2 2 2 2B 23 24 25 26 27 2 28 29 29 30 31 32 32 33 33Licensing Course Book (SCPLH) Chapter 7: Training Chapter 10: Associated law Personal licence holder training Risks relevant to associated law 49 and qualification 34 Weights and Measures Act 1985 49 Staff training 34 Consumer Protection from Unfair 49 Statutory record-keeping 35. Trading Regulations 2008 Private Security Industry Act 2001 50 Chapter &: Protecting children and young Smoking, Health and Social Care persons from harm (Scotland) Act 2005 s1 Duties and responsibilities to protect Gambling Act 2005, 52 children and young persons 36 Equality Act 2010 52 Understanding the law relating ‘The Music Licence for business. 52 to under 18s and alcohol 36 Types of offences and how to Appendices prevent them 37 Appendix 1 - Useful websites Preventing underage sales 38 for further information 53 Requirements for an age Appendix 2- Licensing staff verification policy 38 training record 54 Duty to determine age 39 Appendix 3- A glossary of terms Acceptable proof-ofagedocuments 40__tohelp you during your study 55 ‘Age verification process 40 How to check proof-of-age documents 41 Proof-of age schemes a Refusing a sale a1 Test purchasing 41 Chapter 9: Responsible alcoho! retailing Units and strength of alcoholic drinks 42 British Standard units of alcohol 43 Signs and symptoms of intoxication 44 Illegal drugs on licensed premises 46 Causes of and managing conflict 48 Security procedures and policies 48 teeta tea)This book has been specifically designed as an essential learning resource for candidates Undertaking the following accredited licensing qualifications launched on st December 2026: «© Scottish Certificate for Personal Licence Holders (SCPLH) “© Scottish Certificate for Personal Licence Holders (Refresher) ened eee semen) Use of a relevant handbook for these qualifications is a mandatory requirement. Each chapter covers the topics contained in the framework for the qualifications and is applicable to both on and off-licence operations.How to use the Licensing Course Book Prior to your training course, take time toread through each chapter as this will prepare you for the course and give you a better chance of achieving the qualification. ‘The amount of time you spend on pre. reading and study will depend on which qualification you are undertaking, as well as your own individual learning needs. The following is a guide: SCPLH - up to.4 hours SCPLH (Refresher) - up to 7 hours Important The Licensing Course Book is both accessible and comprehensive as a leaming resource. However, it is not intended to be a definitive Quide to the Licensing (Scotland) Act 2005 or other legislation or regulations. Always seek expert advice from your solicitor before taking any action regarding licensing. Good luck with your learning! Icons used CY ® ) icensing Course Book (SCPLH) this course book eens n opportunity to apply your kno\ ils sp ae Dey Mme a eee See ee cae ee Deets Legal point Ch ce eee eca tts ea Cetera eae ey eacnt Roe eas Peer Seeker ay icensing Course Book (SCPLH) oeChapter 1: Introduction to licensing law This chapter presents the background to licensing law and an overview of the licensing function. Sasa] Prins pes Roun eae Pees Pee relationship-alcohol/ ere Ser Pee ene etc’ ee Onars Reasons for and importance of the Licensing (Scotland) Act 2005 ‘The Act controls how, where and when alcohol is sold and consumed in Scotland by regulating licensed premises and other places where alcohol is so. Allplaces that sel or serve alcohol, either permanently or for specific events, must be licensed. This includes public houses, nightclubs, off licences, supermarkets, restaurants, hotels, members’ clubs and charitable organisations. The sale of alcohol is licensed because alcohol is an addictive, toxic substance that can cause a range of health and social harms, not just to the drinker but to others who may be directly or indirectly affected. ‘Aims of the Act and framework The Act aims to: « protect people from crime and disorder associated with the over-consumption. of alcohol © protect the rights of those who drink ina responsible and sensible way ® allow monitoring of licensed premises and provide strong enforcement powers © support alcohol retailers who trade ina responsible way To help tackle the harm caused by alcohol, Scotland's Alcohol Framework 2018: Preventing Harm includes a range of measures within 3 main themes: »» reducing consumption © positive attitudes, positive choices © supporting families and communities ‘The meaning of ‘Alcohol’ According to the law, ‘alcoho! includes products such as spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor (including Angostura bitters) with an alcoholic strength of over 0.5% alcohol by volume (abv). It does not inelude any product with an aby of 0.5% or less, perfume, certain flavourings ‘or essence, alcohol in a medicinal product or denatured alcohol, methyl alcohol, naptha or alcohol contained in liqueur confectionery. ensing Course Book (SCPLH) The strength of an alcoholic drink is measured by the percentage of pure alcohol by volume (aby) it contains. The higher the percentage aby, the stronger the drink. The 5 licensing objectives The 5 licensing objectives are the fundamental principles upon which the licensing system is based. ‘These are: preventing crime and disorder securing public safety preventing public nuisance protecting and improving public health protecting children and young persons from harm They are all equally important and carry the same weight. Their purpose is to provide a framework for strategies to reduce alcohol-related harm and promote responsible alcohol retalling The licensing objectives must be actively promoted by all those involved in alcohol sales and licensing. + Licensing boards - must promote the licensing objectives when producing the statement of licensing policy and when carrying out their duties « Licensing standards officers (LS0s) = provide information and guidance tolicensed premises and may take action where premises operate contrary to the licensing objectives » Licence holders - must implement good working practices to promote the licensing objectives and ensure all staff are appropriately and regularly trained and supervised » Staff employed on licensed premises must be aware of their responsibility to prevent disorder and underage sales, and implement policies and procedures that promote the licensing objectivesChapter 1: introduction to licensing law MCR cone eet ert STE eu Oe ce tn ee se te es feed Drunkenness Staff training and supervision Violent behaviour Effective CCTY, security lighting and alarms ‘Antisocial behaviour Door stewards IMegal drug use ‘Admissions and refusals policies Theft and vandalism ‘Alternatives to glass and bottles Search policies Supervising toilet areas, Security tagging Lockable shutters Occupancy levels Crowd management and dispersal policies Fire safety Fire equipment testing Evacuation procedures Duty of care/safe home policies Door supervision/stewarding Monitoring customers and staff Noise from music, singing, Noise management policies voices, vehicles, deliveries Closing doors and windows and machinery 3 Noise monitoring log External lighting Free telephone for taxis Litter and waste Collection of treet liter from the outside premises (cigarette butts) 'No irresponsible alcohol Availabilty of alcohol-free, low-alcohol soft drinks promotions: and hot beverages Encouraging sensible alcohol Procedures for dealing with drunkenness consumption Duty of care and vulnerability policies You must comply with current Carry outa coronavirus risk assessment/Keep up to date Coronavirus law, and guidance ie eae with changes and implement procedures and systems according to advice and guidance Preventing underage Policy on protection of children and young persons schol ale Strict challenge 25 policy Preventing consumption Refusals log by under 18s, ‘Access to premises by under 185 Access to adult entertainment and gaming Challenge under 25 policy Staff training on age-restricted sales Implementing restricted access policy (times and locations) by under 185 isplay age-appropriate posters ‘Monitoring consumption by adults in charge of under 185 Course Book (SCPLH)CIs POM rE) PONE is where alcohol co} ceten) peace TT ditions may result in an unlicensed sale of eros ohol taki OM eae Ec Peete eae) prison. Alcohol included in these deals needs to be defined. b) When alcohol is'supplied’ to members ata members’ club ‘©) When alcohol is'supplied’at events in retum for an entry fee, donation or other payment Broad understanding of the Act ‘Those who manage the sale of alcohol on licensed premises need a good knowledge cof how licensing law applies to them and the premises manager must hold a personal licence Regular changes have been made to the {Act that impact the personal licence holder, including © Alcohol etc. (Scotland) Act 2010 introduced further mandatory conditions including the need for an age verification policy © Criminal Justice and Licensing (Scotland) Act 2010 made modifications to the Licensing (Scotland) Act © The Air Weapons and Licensing (Scotland) Act 2015 Extended the power of [SOs and implemented the fit ‘and proper person test for licence applications, renewals, transfers and reviews, etc Itis essential that personal licence holders keep themselves up to date with all changes to licensing legislation. 19 Course Book (SCPLH) © Personal licence Granted to individuals, allowing them to supervise or authorise the sale of alcohol ‘on licensed premises, A personal licence holder must be appointed as the premises manager on a premises licence. © Premises licence Granted to allow the permanent sale of alcohol to take place in premises. Occasional licence Granted to cover sales of alcohol on premises not otherwise covered bya premises licence for a maximum Of 14 days. These applications are usually used for events but can be used to fll in ‘a gap between application and grant of a premises licence. Further aspects of the law governing these licences are covered in subsequent chapters 2,3,4and 5.Chapter 2: Key roles in licensing This chapter explains the roles of those involved in the administration and enforcement of the licensing system. Roles and purposes of the licensing boards There are 32 licensing boards in Scotland, The boards (made up of elected councillors) make decisions on licence applications, regulate standards and set out licensing policies in their areas, Licence applications must be made to the relevant licensing board, who will: © determine applications for premises licences, variations and transfers © process personal licence applications, refresher notifications and renewals Boards have a number of other important, roles within the licensing system which are explained below: Licensing policy Boatds must publish a’statement of licensing policy’ every 5 years before the beginning of each licensing policy period. The policy must show how the board intends to operate and promote the 5 licensing objectives. When developing a policy, boards must: © consider the views of consultees, including representatives of personal and premises licence holders and the local licensing forum ® take into account guidance issued by the Scottish government © consider the views of health boards Assessment of overprovision Boards must include in their policy an assessment of whether there are too many licensed premises or particular types of licensed premises in their area, When assessing overprovision, boards will consult with the chief constable, health boards, premises licence holders and local residents. The board may seek responses from the public by publishing details on their website, Applications for new premises licences and variations will be refused if granting them will lead to overprovision, The assessment of overprovision does not include members’ club premises nor the ‘number of occasional licences granted in their area, Annual report Boards must produce and publish an annual report explaining their approach to the licensing objectives and licensing policy throughout the year, including a summary of the decisions made and number of. licences held Hearings ‘The board will hold hearings to consider new licence applications, major variations, review applications, applications subject to objections or representations and other matters such as approving policies. ‘Ata hearing, they may grant or refuse applications, revoke, suspend or vary the conditions of a premises licence or issue a written warning to a premises licence holder. The board can endorse a personal licence ifnecessary or expedient for the licensing objectives. Local conditions Boards may vary local conditions affecting all licensed premises in an area, particular licensed premises or premises of a certain type or ina particular location. They must Publish details of the proposed variation and give notice to premises licence holders. Closure orders Aboard may make a closure order following an application by a police officer of the rank of inspector or above ifthe closure of a premises isin the interests of public safety. (see page 31 for further details) (33) Comeau} Cee ee ed Aeneas T i) Dees ere) Relevant licensing Ce ere rer Tee eet cemetary Per ety tobe the relevant licensing board ems Breet a Make a note... Make a note of the name of the licensing board for the area in which you: alive b.work These may be the same or different. ieee retes ent regin))Chapter 2: Key roles in licensing Functions and roles of Licensing Ifa breach of a licence condition is Standards Officers (LSOs) identified, an LSO may issue a notice to the remises licence holder stating the action Qe ‘An LSO (and the police) may enter premises Premises lice where an application for alicence hasbeen “eduired to remedy the problem. f this notice is not complied with, the LSO may made to assess the possible effects of the e apply for a review of the premises licence. application on the licensing objectives. itisimportant for licence holders to develop positive working relationships with their local LSOs. Licence holders and staff working on the premises have a legal duty to provide assistance by answering questions, providing information and producing documents when requested. An LSO may remove articles and documents from the premises but a receipt must be given. eae ced SOs have 4 main roles, these are: So licence application to Sed An LSO will provide information oooh and guidance (not legal SEA e a advice) to interested parties on application, including licensing matters and may offer Giving advice and guidance a advice on ways to prevent or Secu resolve problems. IFnecessary,a police officer or an LSO may mole use reasonable force to gain entry to licensed premises. Providing information IFin any doubt, itis best to consult the Cor Eu Te) LS0s havea duty to provide premises manager of a licensing solicitor. fence to information to licensing Sela ks boards about personal licence ease applicants and personal licence Seat holders whose conduct is toenter licens inconsistent with the licensing Perey objectives. They can teporta See personal licence holder whose eR behaviour is inconsistent with the licensing objectives to the licensing board wD Make a note ‘What is the procedure you must follow during and following a visit by police or an LSO? eee Serene Mediation An LSO.will mediate and help to avoid and resolve potential disputes that may arise, for example, between licence holders and neighbours. ‘Make a note of the name and contact details of the LSO for Ensuring compliance ome your premises. LS0s have powers of entry to inspect licensed premises and to check the activities taking place are in accordance with the premises or occasional licence. 10} Licensing Course Book (SCPLH)Roles and powers of other statutory bodies SOs work with police and other statutory bodies to enforce licensing law. Itis important for licence holders to develop good working relationships with all statutory bodies and to understand egedalsY the benefits of cooperation and joint, Itisa statutory right inspections. oar) eermencaseate oes pe The following table shows other statutory bodies involved in licensing and provides a brief overview of their DOCU asst ee? Police Police are consultees and may objector comment on licence applications Enforcement of the law Entry at anytime for inspections Entry to intervene in incidents Prevention of disorder Liaison with LS0s and licence holders Trading Standards Ensure compliance with and investigate breaches of consumer law. Request information Observe the business Enter (wth or without 2 days‘ writen notice) Enter with a warrant Environmental To improve, protect and maintain public health Entry at any reasonable time to check Health food safety and food standards occupational health public heatth waste pollution Fite service Must be notified of new premises licence applications. Ensure compliance with fie regulations Power to enter for inspection and enforcement Request information, documents and records Serve prohibition, enforcement and alteration notices HMRC enforcement Investigate alcohol or tobacco duty fraud (customs and Entry and inspection of business premises aes) Inspection of excise goods Removal of goods immigration Ensure compliance with immigration law and investigate immigration offences Prevent legal working errors econ) (OTChapter 2: Key roles in licensing w Make a note... ‘Make a note of the procedure you must follow when a statutory inspection takes place on your premises. ample of a refusals log Some statutory bodies may make joint inspection visits. These visits are intended to save time and avoid repetitive questioning and unnecessary disruption for the premises. Having a compliance folder available for inspection visits may help save time and will demonstrate how the licensing objectives are being promoted. This may include records such as: » refusals logs © age verification policies « signed authorisations to sell alechol ® incident reports, «© security policies © copy of the premises licence © copy of personal licences held by staff «© statutory staff training record/certificates for other staff Datzand tine Product | —_Personvefused | Askedfori0? [Comments efuedby Wearing red jackets [A neorot — | [of vate [remote] [Wf ves | eB _ etetal fo Lua jeans cok ay 27 is J_6 fm Tobeeco | oye alone i @e torery | Approx Age: other —_—_—— 8 O Height J | _ oy aot - a ee | ] Alcohot (Ci mate [J] Female vs |— — It a we z (Fy tower | ppp age other Height - _ 1 anvpm | euis — - aicohol_ | [_] Male [_]Femate | [7] ves t I ‘Tobacco ——oO ese ° floes Oo @ Approx Age other - : Height = - en : bull — — sing Course Book (SCPLH)Chapter 3: Personal licences This chapter explains the purpose of a personal licence, how to apply for and renew personal licence and the legal duties of personal licence holders. Background Its a mandatory condition that every licensed premises (except members’ clubs and premises subject to an occasional licence} has a premises manager appointed who must hold a personal licence. A personal licence holder can only be the premises manager for one premises but there can be more than one personal licence holder working at the premises ‘What a personal licence is and what permits the holder to do A personal licence isa licence granted to an individual that allows the holder to sell alcohol and: © supervise the sale of alcohol in accordance with a valid premises or occasional licence © authorise such sales, either specifically or generally © carry out 2 hours of mandatory staff training A general authorisation to sell alcohol may need to be made in writing, signed by both patties and the record made available for inspection by the licensing standards officer (bso), Fan illegal sale takes place, the personal, licence holder authorising the sale may be accountable. Applying fora personal licence Who can apply A personal licence application can be made bya person who: « sat least 18 years old ® holds an accredited licensing qualification: the Scottish Certificate for Personal Licence Holders (SCPLH) « has not had a personal licence revoked within the past 5 years © does not already hold another personal licence Where to apply NB Topics under Applying fora personal licence, Lifespan ofa personal licence and'Renewing a personal licence’ sfor information only and is not assessed. You must apply to the licensing board where you live (not where you work). Ifyou live outside of Scotland, you can apply to any board. How to apply The licensing board that grants your personal licence will be your relevant board, even if you move to another area. When applying fora personal licence, you will need the following documents: © a completed and signed personal licence application form © a copy of your Scottish Certificate for Personal Licence Holders (SCPLH) © two passport-style photographs, one ‘must be endorsed on the back with, the words' certify that this isa true likeness of (your name}, followed by the full name of the person endorsing the photograph who must be a person of standing in the community © the appropriate fee - currently £50, Next steps Once the board receives your application, they must send a copy to the chief constable and LSO. The chief constable will provide a notice stating whether or not there are relevant or foreign convictions on your record. In any case, the chief constable can recommend your application is refused ifthey believe it is necessary forthe purposes of any of the 5 licensing objectives. The chief constable and LSO's can also provide the board with any information relevant to your application. ented area eres) oan eet ty Bee] ith a valid eed esa eee Tee) the licensed hours Seer Pea eetie Pr POLES eens EMrereicates eee -ensing Course Book (SCPLH) | 13Application to the Licensing Board ¥ Licensing Board must: + notify and give a copy to the chief constable + notify and give a copy of application to LSO Chief constable within 21 days: + must issue a notice regarding whether or not relevant ‘r foreign convictions have been identified a + may provide relevant information on the application + may recommend itis refused on the grounds of any or all of the licensing objectives LSO within 21 days + may provide relevant information on the application The board must grant your application if, you satisfy all eligibility criteria, unless the chief constable recommends refusal on the basis of any relevant or foreign convictions for the purposes of any orall of the licensing objectives you are not a fit and proper person to hold a personal licence If refusal is recommended, the board must hold a hearing to decide whether or not to grant your application, The board may hold ahearing to decide whether to grant or refuse your application if: relevant or foreign convictions are identified on your record but the chief constable has not recommended refusal, or an LSO has provided information relevant to your application. Applicant's duty If during the application process, you are convicted of a relevant or foreign offence, you must inform the board no later than 1 month after the date of the conviction. The chief constable will be notified and may recommend your application is refused. The board will take this into consideration when deciding whether to grant or refuse your application ries ocean)ICI recommend refusal? Yes + Are there relevant or foreign convictions? ¥ or Yes > Hold a hearing Has the LSO provided information relevant to the application? + + + Application, ‘Application| + D> SRanteD ee + Dery POM uicurs) Offences defined in The Licensing (Relevant Offences) (Scotland) Regulations 2007, Secreted offences involving firearms ‘offences involving dishonesty such as theft, robbery, deception, forgery or evasion of excise duty Cee eC Cane at te Deu Eee certain trading standards and food hygiene offences + drink-driving offences or driving whilst under the influence of drink or drugs ud An offence committed outside Scotland, which Is similar to a relevant offence. ~~ Licensing Course Book (SCPLH) —CY eects Ca) eared Peet ein OSes Ur) peace Ee Ce Peers Oe folder. sspan of a personal licence Your personal licence will be granted for a period of 10 years with the possibility of renewal for further periods of 10 years. It has tobe refreshed every 5 years, PERSONAL LICENCE Renewing a personal licence Your personal licence can be renewed for another 10 years by submitting a renewal application to the board. An application must be made within a 9-month renewal ‘window, starting 12 months before the expiry date on your licence. For example, if your personal licence is granted on 1 September 2020, it will expire ‘on 31 August 2030, therefore you can apply for renewal anytime between 1 September 2029 and 31 May 2030. Renewal is similar to a new application process and may be refused if, at a hearing, refusal is necessary for the purpose of the licensing objectives or you are not a fit and proper person to hold a personal licence. You must: include your existing personal licence, but if this is not possible, you must explain why and produce a police lost property report reference pass the SCPLH refresher course assessment, make an application for renewal to the licensing board that issued the licence Duty to complete refresher training Allpersonal licence holders must undertake mandatory refresher training within the first 5 years of holding a licence and 5 years after each renewal. At this point, you will need to complete and pass an accredited SCPLH refresher course. ‘The licensing board will issue a reminder no later than 3 months prior to the expiry of 5 years from the date your licence was issued. ‘You must provide evidence to the board of, having completed the course no later than 3 months after the end of the 5-year period. Ifyou don't comply with the requirement for refresher training or fal to send evidence to the board in time, your personal licence will be revoked. If this happens, you will be able to apply for another personal licence but will need to do the full SCPLH qualification again and pay the full fee,Chapter 3: Personal licences Duties of a personal licence holder All personal licence holders have 3 main duties. Duty To inform the licensing board of a change of name or address within 1 month of the change Action required (Make sure you let the board know in time, otherwise, you are in breach of your licence and have committed an offence. Duty2 When working at licensed premises, to produce your personal licence when requested by a police constable or licensing standards officer Action required Alwoys have your personal licence available at your workplace as you may need to show it when you are at work. Other personal licence holders ‘must do the same. Duty3 To notify the relevant licensing board and the board for the area where you' work (if different) of any convictions for relevant or foreign offences Action required Let the board (or boards) know cof your conviction along with details ofthe offence, date and location ofthe court hearing and the penalty imposed no later than 1 month after conviction or sentence’ Other duties A personal licence holder charged with a relevant offence must produce their licence to the court dealing with the case. If this is not practicable, they must inform the court that they hold a personal licence. A personal licence holder convicted of a relevant or foreign offence must inform the relevant licensing board and the board for the area where they work if different), no later than 1 month following conviction or sentence, of: © details of the offence © date of the court hearing © court at which the matter was determined © penalty Personal licence holders must comply with their legal duties or face prosecution, fines and the review of their licence. What if my licence is lost or stolen? Ifa personal licence is lost or stolen, the holder must report it to the police, notify the relevant licensing board and apply for a replacement. Some boards charge a fee for replacements. Licensing Course Book (SCPLH) 7Pe Fitand proper person The fit and proper t ued personal licence applicants are fit and proper persons in relation eens ame eee Reese Pees sete cue Peed to revoke a licence fol eons oY eed cere cu a period of suspension, the licence holde PO fer ei eee cen een ogi aoeU alcohol but must first undertake 2-hour mandatory staff ees Rio dunede ree ook: ree nc Pee rare acy eae Grounds for the review of a personal licence Following the conviction of a personal licence holder, the board may hold a hearing to decide which of the following actions to take: revoke the licence suspend the licence for up to 6 months endorse the licence Conduct inconsistent with th objectives Where evidence is provided by the chief constable or other licensing board that a personal licence holder has acted against the licensing objectives, the board must hold a hearing to consider what action to take. If satisfied that the holder is not a fit and proper person to hold a licence in relation to the licensing objectives, the personal licence must be revoked, Endorsements Endorsements on a personal licence will last for 5 years, after which time an application may be made to remove them. ‘Multiple endorsements (3 in 5 years) will lead to a hearing where the board may: take no action, or suspend licence for up to 6 months, or revoke the licence eee ete cea)This chapter provides essential knowledge of premises licences and covers the operating plan and risk assessment, legal duties of the premises licence holder and premises manager and requirements of an occasional licence and members’ clubs. ees OU atc’ era EOE oo Bec The purpose of a premises licence A premises licence allows the sale of alcohol on or from a premises. Itis granted by a licensing board authorising the sale of alcohol on and/or from the premises. (Once granted, the applicant becomes the premises licence holder, with responsibility for the legal operation of the premises. Each premises licence is unique to the premises to which it applies and will ast indefinitely, unless: the licence is revoked the premises cease to be used for the sale of alcohol tthe premises licence holder (an individual) dies, becomes incapable or insolvent, of the company, partnership, organisation or club becomes insolvent or is dissolved the licence is surrendered The contents of a premises licence A premises licence contains: details of the premises licence holder a description of the premises an operating plan a layout plan details of the premises manager specific licence conditions A disabled access and facilities statement must be made at the same time as a premises licence application, Who can apply for a premises licence? An individual aged 18 or over ‘A company, partnership, organisation ‘or members’ club ‘An application not made by an individual must specify details of the connected persons. be made to the licensing board for the ar Deee lS eae eee td Reena ‘Anew premises licence application must include the name, date and place of birth, home addresses and any relevant or foreign convictions of all connected persons. The purpose and contents of the operating plan ‘The operating plan is an important part of the premises licence. It describes how the premises must be operated, including: De CT era ens an Er cee which activities will take place where aL and when mp holder within a club opening hours and times alcohol % will be sold Policy on access by children and young Persons, including whether entry is allowed, by which ages, at what times and in which locations or parts of premises rane Part Cea ee Cree aes whether sales of alcohol are for consumption on or off the premises or both; if both, the times for each type of sale can differ information on capacity you can only offer activities if they are permitted within the operating plan you must never exceed the opening hours and times stated in the operating plan premises must be run and managed according to the operating plan, although there is no requirement to trade during all on and off-sale hours any changes to the operating plan will require a variation application to the board by the premises licence holder those who manage licenced premises and members of staff must know what isin the operating plan to enable them to work legally erent oan) ead business being carried Ommm ‘The operating plan - important pointsefocurtncings| Name of premises: Activities - where and when. On-sales, off-sales or both [if both, hours may differ) On-sales Off-sales Both Licensed hours (these may be different for different days) Mon Wed Fri Sun Tues ‘Thurs sat Policy on access by children and young persons Capacity details Other How is information in the operating plan communicated to managers and staff? Rein neChapter 4: Premises licences - part 1 an introduction The purpose and contents of the layout plan The layout plan is another part of the premises licence that shows how the premises is arranged Both the layout plan and operating plan are linked and should accurately reflect each other. For example, the layout plan should show where the activities described in the operating plan take place. The layout plan is an accurate 1:100 scale plan, showing: © where alcohol will be sold or displayed (off sales) © where activities will take place © toilet facilities for customers © location of fire exits, stairs and lifts areas where children and young persons ate allowed Before any changes to the layout plan can bbe made, the premises licence holder must apply to the board fora variation. Senay ‘Types of variation application variation isan application to the board by the premises licence holder to request a change or changes to the operating plan, layout plan or any other aspect of the premises licence There are 2 types of variation application: ‘Major or non-minor licence variation - to make changes to: © any of the conditions of the licence ® information contained in the operating plan ® the layout plan © any other information in the licence ‘Minor variation ~ for a less significant change, such as: © a change to the layout plan if this does not result in inconsistency with the operating plan © any change that restricts the entry. of children and young people ® increase minimum age/reduction of hours children and young people permitted on premises © restriction on access to certain parts of premises by children and young people © substitution of a premises manager © change of premises name «© reduced hours where neither earlier nor later opening of premises than currently on licence will occur © reduction of capacity of premises © cessation of live or recorded music above 85 dB ® variations to ensure more persons would be seated than standing ‘The board must grant a minor variation. eee cei) 2ay Legal point Ere oc kad pre eace nr) ery cera] ces premis Bret aes ers premisesicen reese Pee ae Storey ere Pees! ae eee) aecals police constable or Evi prominently disp etn rea) eet) Itisan offence to Peron Sn premises a Prete roca) Occasional licence ‘An occasional licence allows the sale of alcohol on unlicensed premises, often for special events and for a period of no more than 14 days. ‘Amembers'club can apply for an occasional licence to allow the sale of alcohol to the general public. An application to the licensing board can. only be made by: a premises licence holder a personal licence holder the representative ofa voluntary ‘organisation (the application must relate to the organisation's activities) ‘There are limitations that apply to voluntary organisations and members’ clubs opening to permit the sale of alcoho! to the general public within a 12-month period: up to 4 occasional licences with a duration of 4 days or more Up to 12 occasional licences with a duration of fewer than 4 days the total number of days for which ‘occasional licences are issued must not exceed 56 Application forms and guidance notes are usually available on the board's website. Information required for an occasional licence application includes: name and address of the applicant address and description of the premises description and times other activities will take place times when alcohol will be sold for consumption and/or off the premises whether children or young persons will be permitted entry, and ifso any age restrictions restrictions on times of entry parts of the premises they will be permitted access to Legal duties and responsibilities of a premises licence holder The premises licence holder has some important legal duties and responsibilities, regarding action they must take, the notification of changes to the board and the legal operation of premises. These are explained in more detail below: Charges and convictions A premises licence holder or connected person charged with a relevant offence ‘must, no later than their first court appearance, produce the premises licence or inform the court that they hold ‘a premises licence or are a connected person in respect of a premises licence A premises licence applicant charged with a relevant offence who is subsequently granted a premises licence before conviction must produce the licence or inform the court at their next court appearance If convicted ofa relevant or foreign offence, a premises licence holder or connected person must notify the board of the conviction within 1 month u Where is the premises licence summary displayed in your premises?The premises licence holder must inform the board within 7 days should the premises manager: cease to be employed at the premises become incapable die have their personal licence revoked or suspended The premises licence holder must make ‘a minor variation to replace the premises manager within 6 weeks, otherwise there will no longer be a premises manager and ‘no alcohol sales will be permitted to take place until a new premises manager is appointed Notification of other changes ‘The premises licence holder or connected persons must notify the board within 1 month of: a change of their name or address a change of name or address of the premises manager a change of name or address of aconnected person 2 person becoming or ceasing to be a connected person to the licence holder Vicarious liability Having vicarious liability means the premises licence holder and interested parties may be prosecuted for an offence committed by an employee, unless they are able to prove: they did not know the offence was being committed they exercised all due diligence to prevent the offence being committed Role and legal duties of a premises manager The premises manager is named on the premises licence. The main responsibilities of the premises manager are: Running the premises’ They are the main point of contact, with responsibility for the day-to-day running of the premises and must ensure premises are operated legally, according to the operating plan and licence conditions. Staff training and supervision The premises manager has a responsibilty for the effective training, instruction and supervision of all staff selling alcohol. They ‘must ensure staff know how to implement procedures that promote the licensing objectives. Presence of the premises manager Unless this is a specific condition of the licence, there is no requirement for the premises manager or another personal licence holder to be on the premises during all icensed hours, For some late-opening premises, the presence of a personal licence holder is a mandatory condition after 1am (see page 25 for more details), a Deen Interested party eee eae ones i Cre Saeco Ree Prete vee ea Cee er Puc Peer Cae Cus See manager must hold Brecon ees TS eg ee Bes cee manager can only b eee a ny icensing Course Book (SCPLH) | 23Chapter 4: Premises licences - part 1 an introduction Understanding risk assessment Step 3: Evaluate the risks and identify what, Risk assessment is an examination of if any, procedures/policies you already have potential hazards and the identification in place. Identify any further procedures/ Ly OFprecautions necessary to eliminate or _—Pdliies necessary to eliminate or reduce the hazards. Step 4: Record the findings and implement the procedures/policies. reduce their impact. itis important for premises to identify and assess the potential risks to customers, staff, Pemeee nd neighbours and others from the sale and _ Step 5: Review the risk assessment on a eee es) consumption of alcohol and other activities _tegular basis or following problems and errors taking place. update as necessary. Se The following 5-step approach may be used All parts of the operation, both inside and Seoul ani to carry outa risk assessment: outside, must be considered as part of the Sorte risk assessment. Pee Step 1: Identify the hazards within premises relevant to each licensing objective, for example, the sale of alcohol to under-18s. reat Step 2: Decide who or what might be harmed and how. Assess each hazard as toiits likely impact on customers, under 18s, neighbours, licence holders, staff, the business and others who might be affected. ‘An example of a risk assessment against 2 of the licensing objectives. ‘What are the: et eee ea Wie seas problems or Pier! Sears ceri aas eens id Preventing public Noisefrom customers Disturbance of __—_Signsinthecarpark Supervise customers fuizance —_‘leavinglicensed neighbours atnight asking customersto leaving premises : premises ina leading to complaints. respect the needs of after 11pm. Reduce - fesidential area Alicencereview ——_‘localesidents.Using shouting by giving after 11pm andlicence revoked, _atemative exits, Door outlolipops on ext suspended, varied supervisors and staff = oravwritten warning toremind customers issued. toleave quietly. Protecting Staff selling alcohol Children and young ‘Challenge 25’age_—_Install CCTV. Carry from harm toppersons under-18. persons obtaining verification policy __out daily check on = Adults buying alcohol and drinking alcohol. inplace. Displaying procedures and = for children and Prosecution and relevant signs at signage. Increase = young persons. review andlicence _the point of sale. supervision of and revoked, suspended, Vigilance bothinside _ by all staff serving : varied ora written and outside premises. alcohol. = ‘warning issued. Regular staf training ——_ ‘on when and how to refusea sale. Findings froma risk assessment may help when developing the operating plan and best practice policies. ‘Some boards may ask premises or occasional licence applicants to include a copy of their Tisk assessment with the application. 24} Licensing Course Book (SCPLH)Chapter 4: Premises licences - part 1 an introduction Best practice policies A risk assessment may identify the need for premises to adopt policies to address the causes of harm, nuisance, damage or other hazards. Which policies are relevant will vary from premises to premises. oD Make a note, Which of these best practice poli and procedures are in place in your premises? oO Emergency procedures © _ dispersal policies Internal communication and reporting procedures Security policies Closing time procedure Drugs policies Refusals procedure and record-keeping Managing conflict, disorder and drunkenness policies Noise control procedures O Aseveriiation poi OCO00000 Any other policies or procedures on your premi: Licensing Course Book (SCPLH) {| 25Chapter 5: Premises licences part 2 - conditions and licensed hours This chapter covers essential knowledge regarding national mandatory and local conditions, restrictions on alcohol pricing, the effect of licensed hours and extensions and special Conditions i eit ec ymply with jons of members’ clubs. Mandatory and local conditions Conditions are a set of rules placing constraints on what premises can do. They state the actions that premises operators ‘must take and they set out requirements for how alcohol must be sold. Itis essential that managers and members of staff are fully aware of the need to Implement all relevant conditions of the premises licence. Conditions may include discretionary conditions imposed upon a premises licence, placing certain limitations or restrictions that are necessary to promote the licensing objectives. ‘Some mandatory conditions apply to all licensed premises, others apply only to either on or off-sales. ‘Mandatory conditions that apply toll licensed premises are: «© the sale of alcohol and other activities, must take place in compliance with the operating plan. © alcohol may only be sold when a premises manager, holding a valid personal licence, is appointed. + alcohol sales must be supervised or authorised either generally or specifically by the premises manager, a personal licence holder or other responsible person. © every individual (except a personal licence holder) must receive 2 hours mandatory training before selling or serving alcohol. * irresponsible promotions of alcohol must never take place. ‘= no supply of alcoholic drinks free of charge or at a reduced rate. “© requirement for an age verification policy in relation to the sale of alcoho! to those who appear under the age of 25. the annual fee for the premises licence must be paid on time. © the minimum price for alcoholic: drinks is 50p per unit of alcohol. eee) Mandatory conditions that apply only to on-sales are: © the price of any or all alcohol products may be changed or varied at the start of a period of licensed hours. No alcohol product price can be changed within 72 hours of that price variation. “© drinking water must be available free of charge and non-alcoholic soft drinks available at a reasonable price. » premises (except members’ clubs) that admit children under 5 must provide baby changing facilities accessible by both males and females. ‘Mandatory conditions that apply only to off-sales are: © minimum price for multipack products containing alcohol: a pack ‘of 2 or more alcoholic products must be sold at a price at least equal to, or more than, the price of a single product where each is sold separately on the premises. For example, ifa single bottle of lager is priced at £1.20, a multipack containing 6 of the same bottles must be on sale for at least £7.20. © restrictions on where and how alcohol may be displayed for off-sales. «© location of off-sales drinks promotions are restricted to the alcohol display area or room, otherwise not within 200 metres of the boundary of the premises. ‘restriction applies to any, some or all alcohol products that may be changed at the start of the day's trading. The varied price of that product or those products must be maintained for 72 hours.Late opening and other premises In addition to the standard mandatory conditions, some late-opening and other premises are subject to further conditions Late-opening premises are those licensed to operate between Tam and 5am and all must, have a person trained in frst ald on duty throughout these times. Other premises opening after 1am are those wit live or recorded music exceeding 85 decibels provision for dancing or adult entertainment of an explicit sexual nature ‘more customers standing than seated capacity for atleast 250 people Additional mandatory conditions for those other premises are: the presence of a personal licence holder with responsibility for the premises when ‘open from 1am until Sam. staff on duty must receive training on and know how to implement evacuation procedures and the misuse of drugs policy, [SOs may ask to see these written policies and procedures. at least 1 member of staff must be allocated to check toilets on a regular basis to ensure the safety and well-being of customers and others who may use the facilites. premises licensed to operate between Tam and Sam must have a person trained in first aid present during these hours. a door supervisor/steward holding a licence granted by the Security Industry Authority (SIA) must operate at each entrance to the premises. Licensing boards may impose local conditions requiring more door stewards. an operational CCTV system in good order and that meets the requirements of appropriate chief constable of police Scotland and the Data Protection ‘Act 1998 must be installed. ‘The premises manager does not have to be present on the premises at all times. Local conditions Local conditions are conditions imposed by a licensing board that must be implemented by premises and occasional licence holders inthatarea Details of local conditions wil be stated on the premises licence and may be found on the relevant council website or be listed in a board's policy statement. Examples of local conditions include the premises licence holder must keep a refusal register and daily incident log that is available for inspection by police and LSOs alcohol not on display must be stored in a designated lockcfast safe and the location shown on the layout plan the premises must have a duty of cate policy regarding customers showing signs of intoxication and staff must be trained in how to identify the signs De Coe ay eS ener) Riri oe eee Deeg acon Pa C Rear oy ees of local condition eae een Perens eee} PeeChapter 5: Premises licences part 2 - conditions and licensed hours Qo Minimum unit price ia Cue cate es licence Coreen eae Peis Ee cos Rnd Ren Ener Piece) re aE) Pea reser peed Alcohol pricing and promotions Minimum unit pricing (MUP) MUP is a mandatory condition of all premises and occasional licences. It affects the sale of alcohol for consumption both off and on the premises. ‘The aim is to reduce alcohol abuse and harm by preventing retailers from selling strong spirits and white cider at cheap prices. ‘The minimum price of alcohol is 50p per unit ‘The minimum price of alcohol is calculated using the formula MPU x S xVx 100. MPU is the minimum price per unit - 50p. Sis the strength of the alcohol by volume (ABV), Vis the volume of alcohol in litres. ‘An example of how to calculate minimum price For a 3it bottle of strong cider at 6% ABV, the minimum price is £9. £0.50 x 6 x 3x 100 = £9.00. Irresponsible promotions Itis a mandatory condition of all premises and occasional licenses that the inresponsible promotion of alcohol must never take place Irresponsible promotions are those that ‘encourage the overconsumption of alcohol, drunkenness, binge and underage drinking. Such promotions include: © promoting the types of drinks that will appeal to under 185 © time-limited discounts such as happy hours to boost business during quiet periods © encouraging the purchase of a quantity of alcohol (including upselling’to a larger measure) © encouraging customers to drink quickly to gain a discount, reward or prize ‘© giving alcohol asa prize, unless in a sealed container for consumption off the premises 28) Licensing Course Book (SCPLH) «© encouraging entry by offering unlimited amounts of alcohol fora set ticket price «© free or reduced:-price alcohol if one or more extra drinks are purchased The law does not aim to restrict the types of alcoholic drinks on sale but focuses on the way in which they are promoted. However, some boards may require assurances that certain types of alcohol will not be sold on premises, What is or is not an irresponsible promotion of alcohol may depend upon how the lawis interpreted Some premises may operate a duel price lst with a different price for a specific type or types of customer. For example, premises may have a reduced price for students with a matriculation card or for senior citizens who are able to show a bus pass. These discounted prices must remain in place for 72 hours. Alcohol display and promotions areas ‘There are restrictions where alcohol is only sold for consumption off the premises, stating it can only be displayed in either or both of the following ways: « ina single area of the premises as agreed between the board and the premises licence holder © Ina single area of the premises to which the public have no access, such as behind a service counter or in a locked display cupboard These areas, along with exact dimensions of the frontage, must be indicated on the layout plan. Alcohol promotions must not take place within 200 meters of premises and only in one or more of the following areas: « the display areas described above © 2 room used for alcohol tasting where alcohol is sold in a separate area and for consumption off the premisesOperating conditions of members’ clubs Members’ clubs must have a constitution and operate according to requirements regarding membership and club rules. It must have a premises licence to sell alcohol and requirements forthe sale of alcohol apply, including the need for mandatory staff training, Certain special provisions apply to members'clubs serving alcohol to members and their guests and there is no requirement for: a premises manager the sale of alcoho! to be authorised or supervised by a personal icence holder Amembers'club may apply for an occasional licence to cover the sale of alcohol on the premises to the public fora special event. ‘Members'clubs are not included when assessing overprovision. Licensed hours These are the times during which alcohol can be sold and for on-sales, when the consumption of alcohol can take place. Licensed hours include: the times when alcohol can be sold on and/or off the premises as specified in the operating plan of a premises licence or an ‘occasional licence the times when activities other than the sale of alcohol can take place The approach taken by licensing boards regarding licensed hours will be described in their statement of licensing policy. Licensed hours granted are unique to each premises and must be adhered to at all times. A licence holder charged with allowing alcohol to be sold, consumed on or taken away from the premises outside licensed hours may have a defence if they can show: they took all reasonable precautions and exercised all due diligence to avoid the offence staff could not prevent the person consuming or taking away the alcohol Drinking-up time Customers are allowed up to 15 minutes after the end of the licensed period to finish drinking alcohol, as tong as the alcohol was purchased during the licensed hours. Carry-outs Ifthe premises are licensed for off-sales or on and off-sales, customers are allowed to take away sealed containers of alcohol from licensed premises within 15 minutes of the end of the off-sales licensed hours, Alcohol with a meal Where alcohol s soldat the same time as a meal, and for drinking with a meal during licensed hours, it must be consumed within 30 minutes of the end of the licensed period. For example, a restaurant has a licence until 11pm on a Saturday night. They may sell alcohol for drinking with the meal until 11pm and customers will have until 11.30pm to finish consuming the alcohol. No further drinking of alcohol may take place after this time, Ifcustomers are still drinking up after the drinking-up time, a responsible person at the premises must ask them to stop. Ifthey continue, they are committing an offence. ‘The same applies if they ignore a request. Not to take alcohol away from licensed premises outside the 15-minute period previously described, Applications for a premises licence, occasional licence or extended hours allowing alcohol to be sold over a 24-hour period will be refused unless there are exceptional circumstances. Effect of the start and end of British Summer Time When the clocks change either forward or back by 1 hour, the licensed period ignores the effect of these changes. Premises are entitled to trade for the same number of hours after midnight that they would normally trade. Den Cee niey ACs no otc Oy es Cnet! Sel eee icy ont ae Er ot ed 10am and 10pm on any day and the SSE) po Legal point eure Td cee Nie eaety eee? sale of alcohol and activities only take Breanne of the licensed period Peer! Cee eeu icrer el] Peano as Pee ene eee) Cerner Penance a ree) emestrterce ene eee cere) aChapter 5: Premises licences part 2 - conditions and licensed hours wD Make a note... How are customers encouraged to drink up on your premises? Extensions to licensed hours To extend licensed hours for special events or occasions, the premises licence holder may make an extended hours application to the licensing board. ‘An extension may only apply for up to 1 ‘month and cannot be further extended. Further applications can be made but if continual requests for extensions to cover bank holidays or ather occasions are made, this may mean that a variation to the operating plan is required, The board will notify and send a copy of the application to the chief constable, who may ‘object to the application and the LSO, who may comment on the application. The board will decide whether to grant the extension and they may hold a hearing to consider the application, but this is not mandatory. Bintan cea io) When granting the extended hours, the board may vary the licence conditions for the extended period. Managers and staff must be made aware of and understand ‘the implication of any changes to licence conditions during the extended hours. General extensions to licensed hours licensing board may decide to extend licensed hours for seasonal events such as the festive season, annual galas or festivals ‘or for exceptional events such as the Commonwealth Games or World Cup. (On such occasions, the board will decide whether the general extension will apply toall premises in the area, only premises in specified parts ofthe area or only certain, ‘types of premises.This chapter provides an in: jht into how the law attempts to control order on and in the vicinity of licensed premises, with particular emphasis on the management of premises and sanctions for those who participate in, encourage or allow drunken and disorderly behaviour. Drunkenness and disorderly conduct on licensed premises A responsible person must never allow drunkenness or disorderly conduct to take place on the premises. Staff should be trained to spot signs that a customer is or is becoming intoxicated and to implement whatever measures are rnecessaty to prevent this behaviour. Alcohol intended for a drunken person must not be sold to their companion. Itis an offence for any person to act ina drunken or disorderly way on licensed premises. This includes the use of obscene and indecent language or other behaviour that causes annoyance or offence to others on the premises orin the vicinity of the premises. 2) Legal point ESC Lou Peete) Peni) Peer Seren Cece Boe is Itis an offence for a person to buy or Desoto Peet De eae ce) Pee An offence is committed by a drunken enter licensed Pee ta Pema ele eel Sete themselves, Tess ee eee ae eae a Bierce ee see eects Aresponsible person or police officer may aska person to leave licensed premises and if they fall to leave, an authorised person at the premises may remove them, Using reasonable force if necessary. When requested by an authorised person, a police officer must provide assistance to remove the person from the premises. a What is the procedure for dealing with drunken persons on your premises? Do you have a duty of care policy regarding how to deal with those who are intoxicated and may be vulnerable? If so, what is the policy? pe re eed Oe Porat See eae al aad ce Sy ersten mpleted 2 hours ns ea 1g Course Book (SCPLH) | 31Definition Cet’ cay ee cy eae tey Peed neta) the licensing board, sic) Dae) pce era Pee ie station to provide advice or to offer Pete Poy ey ey SEE) ene Cane eeay nce holders reece) Pesos Perec cut) Ero ger intervention meeti Premises licence review The review of a premises licence can be carried out by the licensing board at any time and anyone may request a review specifying the alleged grounds for the review, Grounds for review are: the premises licence holder (or connected person or interested party) is not considered a fit and proper person in relation to any of the licensing objectives - the alleged grounds must be specified the premises licence conditions have been breached ‘one or more of the licensing objectives have been breached ‘An application for review may be rejected ifitis vexatious, frivolous or not relevant to any of the grounds for review. ‘An LSO may apply for a review ifthe premises licence holder does not comply with the requirements of a compliance notice Ata review hearing, the board must consider the evidence before making a decision and may take whatever steps are necessary to achieve the licensing objectives, such as: issuing a written warning to the licence holder varying the premises licence suspending the licence fora period of time as determined by the board (up to 6 months) revoking the licence Where the board is satisfied that the premises licence holder is not afitand proper person, they must revoke the premises licence. Exclusion orders Apremises licence holder may request an exclusion order to prevent a person convicted of a violent offence on or in the vicinity of licensed premises from entering the premises without consent for between 3 months and 2 years. The request must be made to the court that convicted the person within 6 weeks of the date of conviction. Banning persons from premises Entry to licensed premises can be refused. to any person without having to give a reason - providing this is not done in a discriminatory manner. Knowledge of interactions and interventions from police {As well as enforcing licensing law, police provide premises managers and licence holders with support and advice to help ‘maintain good order and reduce the risk of antisocial behaviour. The advice given by police should be acted upon. Ifa premises continues to cause problems, fails to deal with incidents or to follow advice, police may request a review of the premises licence. Developing a positive relationship will allow licence holders and police to liaise and communicate effectively, agree a course of action to deal with issues and promote good crime prevention strategies on licensed premises. Peer Seen eeu ere ccs Procedure for Liquor Licensing can be Penner oe Ree PPE eta eo) ee erect ce weer)Chapter 6: Control of order Police powers of entry and inspection As already described in previous chapters, a police officer can enter and inspect any licensed premises at any time and can ask to see the premises licence and the personal icences of any personal licence holders on duty at the time. Police entry to unlicensed premises Apolice constable may enter and inspect, unlicensed premises on wiich food and drink are being sold and consumed ifthere are reasonable grounds to suggest that alcohol is being sold there without a licence. Authority must be obtained from a justice of the peace ora police officer of or above the rank of inspector. The entry and inspection must be carried out within 8 days ofthe authority being given Closure orders Licensing boards and police have powers to deal with disorder using closure orders. A police officer of or above the rank of inspector may apply to the board for a closure order. The board may make a closure order where police they believe the police have made case that disorder on or in the vicinity of licensed premisesis likely to occur and itis necessary in the interests of public safety. Closure orders are rarely required as premises often close voluntarily when requested by the police. Emergency closure orders A police officer of or above the rank of, inspector may, as alast resort, make a closure order for premises without first applying to the board, if they reasonably believe: © disorder is taking place on or in the vicinity of licensed premises + there is an imminent threat of disorder taking place on or in the vicinity of licensed premises +» the immediate closure of the premises is necessary in the interests of public safety ‘An emergency closure order will apply for up to 24 hours or until no longer necessary in the interests of public safety, whichever is shorter. In certain situations, a police officer of or above the rank of inspector may extend the emergency closure order for a further 24 hours if there is, ors believed to be, a continuing threat of disorder and the extension is immediately necessary for public safety. Offences related to closure orders Licensed premises subject to a closure order must close for the period of time specified inthe order. ‘The premises must be closed from the time when a police constable gives the order toa responsible person. Failure to close in breach ofthe orderis an offence subject toa maximum penalty of (either or both} * up to £20,000 ‘up to 3 months in prison Ifa police officer of or above the rank of inspector believes any closure order is no longer necessary it must be removed to allow the premises to reopen. This must be communicated to a responsible person at the premises. RSET ULM Qo ‘Opening during Breet eect ferael ree premises to remain Peet) eet ete (mes)Chapter 7: Training This chapter deals with the mandatory legal requirement for personal licence holders to hold a relevant qualification and for staff selling or serving alcohol to undertake staff training, including the need for training records to be kept. Personal licence holder training and qualification Details of the requirement for personal licence holders to undertake training has already been covered in Chapter 3. Below isa brief outline of the qualifications that applicants and holders must undertake. Personal licence application Must be aged 18 or over and have achieved a Scottish Certificate for Personal Licence Holders (SCPLH) qualification at SCQF level 6 before making their application. Refresher training Within the first 5 years of holding a personal licence, ll holders are required to provide evidence of having completed refresher training, The Scottish Certificate for Personal Licence Holders (Refresher) qualification at SCOF level 6 isa minimum 3-hour tutor-led or approved e-learning course. Personal licence renewal When renewing a personal licence for a further 10 year period, the renewal application must include evidence that the applicant has completed an approved training course, such asthe Scottish Certificate for Personal Licence Holders (Refresher) qualification The reason for regular refresher training is to ensure personal licence holders are up to date with any changes in legislation and are aware of how these changes affect their roles and the operation of licensed premises Tere eee) Staff training Itis a legal requirement that premises licence holders and premises managers ensure all members of staff, whether paid Cor unpaid, who are involved in the sale or service of alcohol undertake appropriate training before they start work This applies to staf selling or serving alcohol for consumption on or off the premises. They must complete atleast 2 hours of relevant training, covering the following 16 specific topics before being allowed to sell orserve alcohol: 1. The legal basis ofthe requirement for the training of staff 2. Thelicensing objectives 3. The definition of'alcohol’in the Licensing Act 4, What constitutes an unlicensed sale 5. The functions of licensing standards offices, including their powers of entry 6. The nature of an operating plan and its place in the licensing system 7. The different types of premises licence conditions Special provision for clubs Licensed hours 10. Offences under the Licensing Act, particularly those involving persons Under the age of 18 11, Proof of age and the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 12, Test purchasing of alcohol 13, Best practice with regards to standards of service and refusing service 14, Units of alcohol and the relationship between units and the strength of different alcoholic drinks 15, The sensible drinking limits for males and females recommended by the Scottish government 16. Good practice in managing conflict situationsChapter 7: Training Training delivery Mandatory training may be delivered in-house by the premises manager, other personal licence holder or by an external training provider. ‘The person providing the training must be the holder of either: © a personal licence © a Scottish Qualifications Authority (SQA) accredited qualification permitting them to offer training How staff training and development contributes to due diligence To reduce the risk of prosecution under licensing or other legislation, licence holders should focus training activities on ateas of potential weakness such as inexperienced staff or underage sales. Effective training will help to reduce the risk of non-compliance, however should an offence be committed, evidence of relevant and tecent training may contribute towards a due diligence defence. For example, a member of staff allows customers to continue consuming alcohol after the end of drinking-up time. As the premises manager on duty at the time, you are charged with allowing alcohol to be consumed out of licensed hours. As part of your defence, you produce a signed record showing the staff member had recently received training on licensing law, including specific information on licensed hours and drinking-up times. Essential knowledge of licencing legislation is covered by the mandatory training topics but having a planned programme of training in place to regularly update staff and refresh their knowledge will help to reduce the risk of non-compliance. Statutory record-keeping Itisa legal requirement fora signed record of the statutory training received to be made for every member of staf selling or serving alcohol. The training record must be kept at the premises for the duration of a person's employment and be available at all times for inspection by an LSO. The record must be kept asa paper copy (refer to appendix 2. If staff move between one premises and another itis necessary to have a copy of the staff traning record on each premises. Staff training resources and workbooks: Highfield has produced an easy-to-use staff training workbook to help personal licence holders and trainers provide this mandatory training, The workbook itself provides evidence of the 2 hours of training and Includes learning and knowledge specific to the workplace, Visit the Highfield website at www. highfieldproducts.com to order. Offences related to training ‘As described in Chapter 3, alcohol must only be sold in accordance with the premises licence, Staff training is a mandatory condition of a premises licence, so failure to carry out training isan offence. Similarly, if an untrained member of staff sells alcohol, this is an unlicensed sale and allowing an unlicensed sale isan offence. Deane cay eeu ir Ce ard ee Regs erect nid exceeding £20,000, Pat Pe eas Reerces eer ect gularly remind staff CRs packer ie eae eet Yor eack eens ea 35