Back to Basics: Licensing in Scotland

And now it's Scotland's turn. The transition period for moving to the Licensing (Scotland) Act 2005 is upon us.If your licence was due to expire in March 2008, 2009 or 2010, you will hopefully already have submitted a correctly-completed application to your licensing board.

For those of you whose licence is due to expire in June, October or January 2008, 2009 or 2010 then please be aware:

• June expiries must apply by the last lodging date of June 6, 2008

• October expiries must apply by the last lodging date of October 3, 2008

• January expiries must apply by the last lodging date of January 16, 2009.

These dates are the cut-off for 'grandfather rights'. That means that if you apply by these dates the licensing boards will not ask you to submit relevant certificates (planning or building standards and food hygiene) with your application. They will also not be able to refuse your premises licence on the grounds of over-provision.

If you do not apply by these dates you will virtually be treated as a new entrant to the trade. You are liable to have the whole business scrutinised, and may even have your application refused due to over-provision.

The new regime

The new law will be based on five licensing objectives, and from this moment onwards, you need to consider what you do in your premises about:

• prevention of crime and disorder

• prevention of public nuisance

• securing public safety

• protecting children from harm

• protection and improvement of public health.

Even though you may run a reputable premises you will still need to convince your licensing board of that and prove to it that each of these objectives form part of everyday life at your pub. So start taking notes and get all the examples of best practice written down. If your board hasn't yet asked for a detailed set of policies and procedures, be sure it soon will.

Licences

Gone are the old seven types of licence. There are now only two: a premises licence and a personal licence.

• Any premises selling alcohol requires a premises licence

• Any person responsible for authorising the sale of alcohol requires a personal licence.

Applying for a premises licence

The premises licence is only going to be applied for once, so make sure you get the application right.

You don't need to have taken personal licence-holder training before applying, but it is strongly advised that you do, as this will help you understand some of the issues you face as you complete the form and continue through the transition period.

To get a premises licence, you will need:

• to be over 18

• to have no relevant or foreign offences

• a simple description of the premises (character, condition, etc)

• a layout plan in the manner set out by the Scottish government

• an operating plan in the manner set out by the Scottish government

• a premises manager who must be a personal licence-holder.

Presently, premises licences are being refused for various reasons all over the country: too much detail, not enough detail, things missed off the operating plan, extra things added on to the operating plan.

It is strongly recommended you seek the advice of a specialist licensing solicitor, and that you ensure whoever prepares your drawings has experience of what has to be shown on the layout plan.

Ross MacDonald is managing director of Falloch, an Argyll-based company specialising in training, security services and business support for the licensed trade

Important points to note

• Personal licence-holders will need to undertake training and apply to the board area in which they reside for a licence.

• A person can only be the premises manager of one premises at a time.

• All staff - paid and voluntary - must have undergone training by September 1, 2009. This can be done by either a personal licence- holder or by an authorised trainer. Records of the training must be kept.

• Any person anywhere in the world can object to your premises licence.

• Boards throughout Scotland each have a different interpretation of the Act. Ask your board for a copy of its statement of licensing policy and make sure you follow its recommendations. Your solicitor will help here as some boards are asking for more than is required by law.

• The new Act will put a stop to irresponsible drinks promotions.

• The licensing board will have a say over not only your licensed hours but also your opening hours. It can tell you when you can and cannot open (there are restrictions for premises open after 1am).

• Your premises licence will be a legally binding contract about what you can and cannot do in your pub. It may take some time to alter it so get specialist advice, and get it right first time.

• There will be a new role in each board area - the licensing standards officer. Their job is to provide information and guidance on the Act, supervise compliance and mediate in disputes involving licence-holders and any other person.

Finally, many premises are stopping selling alcohol because of the costs involved in licensing. If this is what you have decided to do you don't need to do anything further. You have the right to keep trading until 5am on September 1, 2009 when the new Act comes into force.

Ross MacDonald is managing director of Falloch, an Argyll-based company specialising in training, security services and business support for the licensed trade​