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What does it take to get a drink round here?
Friday 1st February 2008 was the beginning of the transitional period under the Licensing (Scotland) Act 2005, which allows Licensing Boards to carry out a phased approach to dealing with Premises Licence Applications. It also heralded the kick-start of no fewer than 16 separate Regulations which, together with the provisions of the new Act itself, make for a very challenging time for Scotland's licensees.
Elaine Brailsford unravels some of the red tape that envelops the new regulations…
Most licensees will now be turning their attention to the completion of the Operating Plans and Layout Plans which are necessary to make the new Premises Licence application. Indeed, those whose current licences are due to expire in the month of March, regardless of the year, must get their act together to lodge their applications before 7th March 2008 if they wish to take advantage of certain grandfather rights.
While licensees are considering their desired hours for opening and the activities they wish to provide on their premises, they also need to prepare for the conditions which will accompany a new Premises Licence. It is through compliance with these conditions that the five licensing objectives – namely preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children from harm - will apparently be met. All licences must be subject to certain mandatory conditions set out in the Act, and individual Licensing Boards will have the discretion to attach other conditions.
On the staffing front, licensed operators will have to ensure that several members of their staff hold a Personal Licence and that all staff, paid or unpaid, who are involved sales or serving of alcohol for consumption on the premises, must to have at least two hours' training from a Personal-Licence-holder or from somone who has an accredited qualification. Certain late-night premises (exclusions include hotels, restaurants, theatres, cinemas and art galleries) may have to have trained First-Aiders on their premises, and it will even be mandatory to have staff responsible for checking on the safety and wellbeing of persons using the toilets. Premises must also install CCTV systems and have in place written evacuation procedures, and policies concerning the prevention of the misuse of drugs. All premises must hold their alcohol prices for a 72-hour period, and irresponsible drinks promotions will now be banned.
All the Boards have now published their Policy Statements, which act as their guidelines in relation to the granting of licences, and this will create an instant dilemma for prospective licensees; should they innovate on the prescribed form to ensure the Board has all the necessary information; should they wait until the Board requests specific information; or will the discretionary conditions be tailored to the local policy? Above all, it will be important to familiarise oneself with your local Board's policy, and to find out in advance what information they are expecting to receive.
If you don't, and you hang fire until they request it from you, your customers could be waiting a very long time for that drink.
Elaine Brailsford is a Partner at Tods Murray LLP.
This article has been edited from its original version. For the complete feature, please see Catering in Scotland magazine February/March 2008.
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