Licence Holders Take Heed

In summer, Glasgow embraces an outdoor cafe and bar culture which would have been unheard of 15 years ago. But behind this scene of conviviality, it is essential that all licence holders understand their responsibilities and have the correct policies and procedures in place to comply with complex licensing law. Failure to do so can have serious consequences for their businesses.

The Scottish Government is responsible for regulating the powers of Scottish Local Authorities and Licensing Boards in relation to licensing the sale of alcohol. The main legislation which controls the sale of alcohol is the Licensing (Scotland) Act 2005.

This Act balances the rights of the majority of people who drink responsibly against the need to protect local communities from nuisance and crime associated with the misuse of alcohol. It is intended to provide a clear and consistent underpinning for the alcohol licensing regime in Scotland based on five objectives:

  • preventing crime and disorder
  • securing public safety
  • preventing public nuisance
  • promoting and improving public health
  • protecting children from harm

In 2010 two further Acts were passed: the Alcohol etc (Scotland) Act 2010 and the Criminal Justice and Licensing (Scotland) Act 2010. Also, because public drinking can severely hamper the quality of life for residents in a particular area, local authorities can pass byelaws to ban drinking in designated public places.

There are a myriad of requirements that all licence holders must meet. Here are the main ones:

  • Within 28 days, the Licensing Board must be notified of certain changes to the licence holding company such as a change of name or address and the appointment or resignation of any directors.
  • Each licensed premise must have a Designated Premises Manager named on the licence without which alcohol cannot be sold.
  • The Licensing Board has to grant permission to any changes in the business, such as a change in layout of the premises or the introduction of live music. A licence holder exceeding the remit of their premises licence is committing a criminal offence punishable by a fine of £20,000 or up to six months in prison or both.
  • A certified copy of the Premises Licence must be on display along with Schedule 3 and Section 110 Notices stating you must be 18 years of age to buy alcohol and that it is illegal to purchase alcohol for someone under the age of 18.
  • Staff should be made aware of all their responsibilities under the licensing legislation. For example, each Personal Licence Holder must tell the Licensing Board of any change in their name or address and any convictions they have. They must also complete the appropriate training including a refresher course and notify the Licensing Board of this.

If we can help with any licensing issues you may have please contact Paul Neilly on 0141 552 3422 or by email on pdn@mitchells-roberton.co.uk

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About Paul Neilly

Paul’s first degree was a BA Honours in Financial Services following which he spent five years working for a large insurance company as a pensions specialist. He then completed his law degree at the University of Strathclyde and Diploma in Legal Practice at the Glasgow Graduate School of Law. Paul subsequently joined Mitchells Roberton as a trainee in July 2006 and qualified as a solicitor in September 2008. Principally concerned with civil litigation, Paul specialises in contract disputes, landlord and tenant issues (commercial and residential), debt recovery, family law, employment law and personal injury claims. He also handles cases involving Adults with Incapacity. Paul regularly appears in the Sheriff Courts throughout Scotland and has experience of appearing before Licensing Boards and instructing matters in the Court of Session. Being a general civil litigator Paul is keenly aware of the need to keep step with developments in the law and legal education. This led Paul to join the committee of TANQ, the Trainee and Newly Qualified Society of the Royal Faculty of Procurators in Glasgow, in which role Paul currently organises seminars and networking events for its members. Paul is married with a young son and daughter. In his spare time he enjoys cooking, reading and watching sport, particularly following the exploits of the national football and rugby teams, although this is more of a vocation than a source of enjoyment.

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