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Success in equal measures?
The Licensing (Scotland) Bill is currently making its way through the Scottish Parliament and is expected to become law before the end of this year. The Bill proposes to radically overhaul the system of liquor licensing in Scotland and although it is not expected to take effect for some time yet, licensees would be well-advised to become familiar with its terms, and start preparing now. Susan Young provides a sobering update for licensed premises...
The Bill introduces new concepts such as Local Licensing Forums to keep the licensing law in their area under constant review and to monitor the functions of their Licensing Boards. Licensing Standards Officers (LSOs) will be created to monitor and enforce the new system, and it will be a criminal offence to intentionally obstruct a LSO in the exercise of his duties. The Bill abolishes the seven types of licence currently available and replaces them with just two: a Premises License and a Personal License.
Mandatory national and local conditions will also be attached. A Premises License will authorise the sale of alcohol on the premises, and each license will be tailored to the individual property by reference to a compulsory operating and layout plan. Such a license may be held by any person over 18 years of age, including corporate and unincorporated bodies, statutory bodies and individuals. If food is to be served on the premises, an application for a new licence also requires to be accompanied by certificates of suitability from Planning, Building Control and Food Hygiene. Once granted, a premises license will last indefinitely provided the property continues to be used for the purpose for which the license was granted, and operated in accordance with the operating plan.
Any person may object to an application for a premises license, and the Board must have knowledge of the objection or representation when reaching its decision, unless it can be rejected as being frivolous or vexatious.
A Personal License will permit an individual to supervise and authorise sales of alcohol on a premises, and can be held by any individual over the age of 18 who possesses a licensing qualification. The individual must not have had a personal license revoked within the preceding five years, or have been convicted of a relevant or foreign offence. A personal licence will require to be renewed every 10 years.
Current permitted hours will be abolished and appropriate operating hours will be requested in the premises' operating plan. Operating hours will be subject to the Board's policy on acceptable hours. There is no provision in the Bill for individual premises to apply for an extension for a particular occasion and, therefore, licensees will be bound by the hours approved in their Premises Licence.
It is essential that licensees look to the future now. Although limited exemptions will be available in respect of currently licensed premises, it is highly likely that some Licensing Boards will use the new system to force licensees to improve premises which are considered to be below standard. Act early to ensure a smooth transition to the new system.
This article has been edited from the original. To view the feature in full, please see Catering in Scotland magazine. To join our database, go to Media Pack on this website and click on Subscribe.
