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Serving Alcohol: Rewriting the Rules
February of last year saw the beginning of the transitional period under the Licensing (Scotland) Act 2005, which allowed Licensing Boards to introduce a phased approach to dealing with Premises License Applications. The overall aim was to accomplish five main objectives, including preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children from harm.
However, it also heralded the start of no fewer than 16 separate regulations which, together with the provisions of the new Act itself, made for a very challenging time for Scotland's licensees. The industry has been aware of these impending changes for a couple of years, but the signs are that many businesses have so far failed to act by taking the necessary steps to obtain the new licenses, and train their staff accordingly.
Catering in Scotland meets one operator who faces an uphill challenge to ensure his 800+ staff are qualified to sell and serve alcohol from 1st September…
The confusion surrounding the new legislation has mainly concerned workers' training obligations, including those of part-time and temporary staff. By 1st September 2009, all alcohol-selling outlets and businesses will require a Premises License. In addition to this, a member of staff will be obliged to hold a Scottish Certificate for Personal License-Holders (SCPLH), while all other employees serving or selling alcohol will need to have achieved two hours of mandatory training. This training may only be carried out by SCPL Holders or a SQA accredited trainer.
However, while there is confusion for many businesses as to what is required of them before 1st September, there is an even greater grey area for recruitment agencies and temporary venues.
ASA Recruitment, and independent recruitment consultancy with offices throughout Scotland, will have 200 temporary workers fully trained under the new legislation in time for the deadline. Senior Hospitality Manager, Matthew Brown, recently achieved his SCPLH along with colleague Alison Greig:
'With our new qualification, Alison and I can train all of our temporary workers on site,' he explains. 'We host a two-hour tutorial which provides an introduction to the new Licensing Act and includes information on the Act's objectives, associated laws and best practice regarding standards of service and when to refuse service. A short examination follows and when the employee has passed this, he or she is issued with a certificate. 'It is worth noting that Trading Standards, together with the police, have the power to enter premises and ask to examine training records, so it is vital to keep this certificate on site.
Matthew and Alison's first major challenge in the Scottish events calendar is the Gold Cup in September, when 20,000 punters will descend on Ayr Racecourse for one of the country's premier racing events. Under the new legislation, each member of staff serving or selling alcohol on the premises will need to be trained in advance.
'We see the new legislation as a positive step for the hospitality industry,' adds Matthew. 'Because our staff will be continually trained under the new legislation, our clients will know that the staff we are providing are fully trained to an industry standard, and with a proven record.'
Meanwhile, Geoff Green, General Manager of Ayr Racecourse and Western House Hotel, is tasked with ensuring his staff meet the new standards in advance of 1st September: 'The new legislation is a major step forward and one which we believe is a very positive move,' he says. 'Over the years we have spent a lot of time and effort ensuring that our licensed areas are well supervised. 'What I feel is lacking at the moment is a crystal-clear message to employers in the licensed trade, no matter how big or small their businesses are. One collective instruction from all licensing authorities would make the process a lot easier.'
While Geoff is understandably frustrated with the lack of coherent information regarding the new requirements, he is adamant that his staff will meet the September 1st deadline for their training obligations: 'The Gold Cup runs over three days and requires up to 800 full-time, part-time and agency staff,' he says. 'It takes many hours just to process the temporary staff before we even open the doors to the public, and now, in addition to normal check-in procedures, our team will have to produce evidence of completing their two-hour training. This could result in thousands of pounds of additional costs to staff just one event.'
The new statutory two-hour training course, with its 16 specific topics and industry-wide staff-training requirements (including full-time, part-time, paid, unpaid and even volunteer staff), will pose a serious challenge for most companies, whichever sector they are in. Hospitality operators will no doubt be concerned that they are operating within the new laws when they draft in agency staff, and it is the license-holder's responsibility to ensure they meet their new obligations. If they don't, and they allow untrained staff to work, it'll be their head on the line after September 1st.
The Gold Cup at Ayr Racecourse takes place 17th-19th September. Visit www.ayr-racecourse.co.uk for info.
With offices in Aberdeen, Edinburgh, Glasgow and Kirkcaldy, ASA Recruitment locates and trains candidates for temporary and permanent positions within the catering and hospitality industry. Visit www.asarecruitment.co.uk for more information.
This article has been edited from its original version. For the complete feature, please see Catering in Scotland magazine September/October 2009.
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