L2.1 Flashcards
What is the definition of alcohol?
Spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, excluding alcohol of 0.5% strength or less at the time of sale.
Alcohol includes various types of beverages but has a minimum strength threshold.
What is required for alcohol to be sold on premises?
A license granted by the local Licensing Board.
The Licensing Board is established by the local authority and consists of elected members.
How many members can a Licensing Board have?
No less than five and no more than ten members.
The exact number is determined by the council after each local authority election.
What are the five licensing objectives under the Licensing (Scotland) Act 2005?
- Preventing Crime and Disorder
- Securing Public Safety
- Preventing Public Nuisance
- Protecting and Improving Public Health
- Protecting Children and Young Persons from Harm
These objectives guide the decisions made by licensing boards and are not ranked by importance.
True or False: The licensing objectives are ranked in order of importance.
False.
The licensing objectives should not be perceived as being produced in any order of importance.
Fill in the blank: Alcohol may only be sold on premises that have been granted a _______.
[license].
Licenses are issued by the local Licensing Board.
What is the role of a Licensing Standards Officer (LSO)?
To provide information and guidance, supervise compliance, and offer mediation services
The LSO helps resolve disputes between licence holders and other parties.
What powers does a Licensing Standards Officer have?
To enter and inspect licensed premises and require assistance from persons working there
The LSO can inspect substances, articles, or documents to ensure compliance.
What constitutes an offence regarding a Licensing Standards Officer?
Intentionally obstructing a Licensing Standards Officer in the course of their duty
This could lead to legal repercussions for the obstructing individual.
What is a Premises Licence?
A licence issued by a Licensing Board authorising the sale of alcohol on the premises
This licence is crucial for legal alcohol sales.
Under what conditions can alcohol be sold on premises?
Only under a Premises Licence or an Occasional Licence, unless on exempt premises
The licence must be displayed at all times.
Who can require to view a Premises Licence for inspection?
A Police Constable or a Licensing Standards Officer
They can inspect the licence at any time.
What does Section 52 of the Act require from Premises Licence holders?
To prominently display a certified copy of the summary of the Premises Licence
This summary must be readable by anyone frequenting the premises.
Fill in the blank: A person working on the premises must provide the LSO with _______.
assistance, information, and documents
What is a Personal Licence?
A licence issued by the Licensing Board authorising an individual to supervise or authorise the sale of alcohol
Examples include bar managers and supermarket managers.
How long is a Personal Licence valid?
Ten years.
What must an applicant do after five years of holding a Personal Licence?
Complete refresher training.
What happens if a Personal Licence holder does not complete refresher training after five years?
The licence is revoked.
Who should undertake the minimum training for selling alcohol?
Anyone required to sell alcohol.
What is the minimum training duration for individuals selling alcohol?
Two hours.
What knowledge should the minimum training provide?
‘Challenge 25’ policies.
Who must carry out the training for alcohol sellers?
A Personal Licence holder.
Is a Personal Licence holder required to be present at all times when alcohol is sold?
No, but must be on duty if the premise is open after 1am.
If there are multiple licence holders for a premise, how many need to be on duty after 1am?
Only one.
What does ‘authorised’ mean in the context of alcohol sales?
Every sale must be authorised by a Personal Licence holder, which can be a general authorisation.
True or False: A Personal Licence holder is removed from all responsibility when not present on the premises.
False.
Who may be considered responsible if a sale of alcohol to a child occurs?
The bar person making the sale and the Premises Manager or other Personal Licence holder.
Is a Personal Licence linked to a specific Premises Licence?
No, it is exclusive to an individual and can operate at numerous premises.
What is the restriction for a Personal Licence holder named as the Designated Premises Manager?
They can only operate as a Designated Premises Manager for that specific premise.
What must a Personal Licence holder produce when requested by a Constable or Licensing Standards Officer?
Their Personal Licence.
What is the consequence of failing to comply with a request to produce a Personal Licence?
Commits an offence.
What is an operating plan in relation to premises?
A document containing details about activities, alcohol sale times, consumption type, additional activities, capacity, manager information, layout, and other prescribed information.
What must the operating plan state regarding the sale of alcohol?
The times during which it is proposed that alcohol be sold on the premises.
What are the consumption options for alcohol stated in the operating plan?
The alcohol can be sold for consumption on the premises, off the premises, or both.
What additional activities must be included in the operating plan?
A statement of the times at which any other activities in addition to the sale of alcohol are to be permitted.
What information regarding the capacity of the premises is required in the operating plan?
Information as to the proposed capacity of the premises.
Who is responsible for the day-to-day running of the premises?
The designated Premises Manager.
What is required of the Premises Manager?
Must hold a valid personal licence and manage the premises according to the licence requirements.
What happens if there is a change in the Premises Manager?
The name of the new manager must be added to the Premises Licence, and the licensing board must be advised within seven days.
True or False: A premises can operate without a premises manager.
False.
What must be included in the operating plan regarding children or young persons?
A statement as to whether they are allowed entry, including their ages, times, and parts of premises allowed.
Fill in the blank: A person cannot be named as a manager unless they hold a valid _______.
Personal Licence.
What is the role of the Premises Manager in staff supervision?
Responsible for the training and supervising of the staff.
What layout information must be included in the operating plan?
A layout of the premises showing where alcohol should be displayed.
What must be done within six weeks of a new premises manager being appointed?
An application naming the new manager must be lodged.
What is the definition of ‘Designated Premises Manager’?
The individual specified in the Premises Licence responsible for the premises.
What happens if alcohol is displayed outside of the designated areas in the operating plan?
It is considered a breach of the terms of their licence.
What may the operating plan state regarding alcohol sales for different consumption types?
Different times for the sale of alcohol for consumption on and off the premises.
What is an operating plan in relation to premises?
A document containing details about activities, alcohol sale times, consumption type, additional activities, capacity, manager information, layout, and other prescribed information.
What must the operating plan state regarding the sale of alcohol?
The times during which it is proposed that alcohol be sold on the premises.
What are the consumption options for alcohol stated in the operating plan?
The alcohol can be sold for consumption on the premises, off the premises, or both.
What additional activities must be included in the operating plan?
A statement of the times at which any other activities in addition to the sale of alcohol are to be permitted.
What information regarding the capacity of the premises is required in the operating plan?
Information as to the proposed capacity of the premises.
Who is responsible for the day-to-day running of the premises?
The designated Premises Manager.
What is required of the Premises Manager?
Must hold a valid personal licence and manage the premises according to the licence requirements.
What happens if there is a change in the Premises Manager?
The name of the new manager must be added to the Premises Licence, and the licensing board must be advised within seven days.
True or False: A premises can operate without a premises manager.
False.
What must be included in the operating plan regarding children or young persons?
A statement as to whether they are allowed entry, including their ages, times, and parts of premises allowed.
Fill in the blank: A person cannot be named as a manager unless they hold a valid _______.
Personal Licence.
What is the role of the Premises Manager in staff supervision?
Responsible for the training and supervising of the staff.
What layout information must be included in the operating plan?
A layout of the premises showing where alcohol should be displayed.
What must be done within six weeks of a new premises manager being appointed?
An application naming the new manager must be lodged.
What is the definition of ‘Designated Premises Manager’?
The individual specified in the Premises Licence responsible for the premises.
What happens if alcohol is displayed outside of the designated areas in the operating plan?
It is considered a breach of the terms of their licence.
What may the operating plan state regarding alcohol sales for different consumption types?
Different times for the sale of alcohol for consumption on and off the premises.
What is required for premises to sell alcohol?
An approved premises manager must be in place
This is a legal requirement for all licensed premises.
What happens if the seven days period for notifying the board about a manager leaving is missed?
The licensing board can vary the licence to remove the named manager
This would result in a cessation of all alcohol sales until a new manager is appointed.
What is the consequence of missing the six weeks period for informing the board of a new manager’s appointment?
All alcohol sales would have to cease until a new manager is appointed
This emphasizes the importance of timely communication with the licensing board.
What are licensed hours?
The periods of time specified in the operating plan during which alcohol is to be sold
Licensed hours are detailed in the premises licence.
Define On-Sales Hours.
Licensed hours applying to the sale of alcohol for consumption on the premises
This typically includes bars and restaurants.
Define Off-Sale Hours.
Licensed hours applying to the sale of alcohol for consumption off the premises
Off-sales are restricted to certain hours.
What are the restrictions on off-sales?
No off sales are permitted before 10am or after 10pm
This regulation helps control alcohol availability.
What constitutes an offence under Section 63 of the Act regarding alcohol?
A person commits an offence if they:
* Sell or allow alcohol to be sold on licensed premises outwith licensed hours
* Allow alcohol to be consumed on licensed premises outwith licensed hours
* Allow alcohol to be taken from licensed premises outwith licensed hours.
What is an offence related to alcohol consumption on licensed premises outwith licensed hours?
Consuming alcohol or taking it from licensed premises after being requested not to do so by a responsible person.
What are the exemptions for consuming alcohol outwith licensed hours?
Exemptions include:
* Consuming alcohol within 15 minutes of the end of licensed hours
* Taking alcohol sold during licensed hours if not in an open container
* Residing on the premises or being a guest of a resident
* Consumption with a meal within 30 minutes of the end of licensed hours if sold during licensed hours
* Sale to a trader for trade purposes
* Sale for supply to Armed Forces premises.
What is a statutory defence for allowing alcohol consumption outwith licensed hours?
The accused must prove:
* They or their employee/agent took all reasonable precautions to avoid the offence
* There were no lawful means to prevent the consumption or taking of alcohol from the premises.
Who qualifies as a Responsible Person in the context of licensed premises?
A Responsible Person is:
* The premises manager for licensed premises with a premises licence
* The holder of the licence for premises with an occasional licence
* Any person working on the premises with authority to make requests.
Fill in the blank: A person commits an offence if they allow alcohol to be _______ on licensed premises outwith licensed hours.
consumed
True or False: A person can consume alcohol on licensed premises if it is within 15 minutes of the end of licensed hours.
True
What must be proven if someone is charged with an offence related to alcohol consumption outwith licensed hours?
They must prove all reasonable precautions were taken to avoid the offence.
Fill in the blank: A Responsible Person includes the premises manager and _______ of the licence holder for occasional licences.
the holder
What constitutes an offence under Section 63 of the Act regarding alcohol?
A person commits an offence if they:
* Sell or allow alcohol to be sold on licensed premises outwith licensed hours
* Allow alcohol to be consumed on licensed premises outwith licensed hours
* Allow alcohol to be taken from licensed premises outwith licensed hours.
What is an offence related to alcohol consumption on licensed premises outwith licensed hours?
Consuming alcohol or taking it from licensed premises after being requested not to do so by a responsible person.
What are the exemptions for consuming alcohol outwith licensed hours?
Exemptions include:
* Consuming alcohol within 15 minutes of the end of licensed hours
* Taking alcohol sold during licensed hours if not in an open container
* Residing on the premises or being a guest of a resident
* Consumption with a meal within 30 minutes of the end of licensed hours if sold during licensed hours
* Sale to a trader for trade purposes
* Sale for supply to Armed Forces premises.
What is a statutory defence for allowing alcohol consumption outwith licensed hours?
The accused must prove:
* They or their employee/agent took all reasonable precautions to avoid the offence
* There were no lawful means to prevent the consumption or taking of alcohol from the premises.
Who qualifies as a Responsible Person in the context of licensed premises?
A Responsible Person is:
* The premises manager for licensed premises with a premises licence
* The holder of the licence for premises with an occasional licence
* Any person working on the premises with authority to make requests.
Fill in the blank: A person commits an offence if they allow alcohol to be _______ on licensed premises outwith licensed hours.
consumed
True or False: A person can consume alcohol on licensed premises if it is within 15 minutes of the end of licensed hours.
True
What must be proven if someone is charged with an offence related to alcohol consumption outwith licensed hours?
They must prove all reasonable precautions were taken to avoid the offence.
Fill in the blank: A Responsible Person includes the premises manager and _______ of the licence holder for occasional licences.
the holder
What is an occasional extension in the context of a Premises Licence?
An occasional extension allows the sale of alcohol beyond normal hours for a special event or occasion.
What must applicants for premises licences do regarding anticipated special occasions?
Incorporate appropriate opening hours for these occasions in their operating plans.
What happens if a specific premises requests an extension at short notice?
Licensing Boards can process such extensions even if not included in the operating plan.
Who must be notified of an application for an occasional extension?
The Chief Constable and Licensing Standards Officer.
What is the timeframe for the Police to object to an application?
Within 10 days of receiving the application.
What factors does the Licensing Board consider when granting an application?
Police objections, Licensing Standards Officer comments, and licensing objectives.
What is the maximum period for which an extension of licensed hours can be granted?
One month.
What power do Licensing Boards have regarding general extensions?
To grant general extensions in connection with special events of local or national significance.
What are Occasional Licences subject to?
Mandatory national licensing conditions.
Give an example of when an Occasional Licence might be used.
For the sale of alcohol at a wedding reception or social event held outside licensed premises.
What is the maximum duration of an Occasional Licence?
14 days.
What types of premises can Occasional Licences be granted to?
Members clubs operating under a Premises Licence.
What must all Premises Licences issued under the Act comply with?
A range of mandatory licence conditions.
Can Licensing Boards impose conditions beyond mandatory ones?
Yes, they can impose discretionary conditions to meet local needs.
What must be adhered to when alcohol is sold?
Operating plan
Alcohol must be sold only in accordance with the operating plan.
What types of activities can occur in a premises according to the operating plan?
Bingo, televised sport, conferences
Any activity carried on in the premises must be in accordance with the operating plan.
What training must staff involved in serving alcohol undergo?
In-house training including ‘Challenge 25’ policies
All staff involved in serving or dispensing must have undergone this training.
What is the minimum time frame before changing the price of alcohol?
72 hours
No variation of price at which alcohol is sold can occur before the expiry of 72 hours from the start of the variation.
Are irresponsible drinks promotions allowed?
No
Examples of irresponsible promotions include ‘two for one’.
What is the minimum price requirement for selling alcohol?
Minimum price per unit as specified by Scottish ministers
Alcohol must not be sold at a price below this minimum.
What conditions apply for late opening if the premises has a capacity of at least 250?
Live or recorded music over 85db, facilities for dancing or adult entertainment, standing customers likely to exceed seated
These conditions apply if the premises regularly operates between 1am and 5am.
What must be present on the premises from 1am?
A Personal Licence Holder
Specific conditions require a Personal Licence Holder to be present during late hours.
What qualifications must a person present in the premises have?
Trained in First Aid
A person trained in First Aid must be present during late operating hours.
What must be in place regarding evacuation?
Written policies
Written policies regarding evacuation must exist for late opening conditions.
What security measures are required for late opening?
CCTV installed, toilets supervised, SIA Stewards at entrances
These security measures must be in place during late hours.
What powers do police have regarding licensed premises?
Power of entry and inspection
A Constable may enter and inspect any licensed premises at any time.
Under what condition can police inspect non-licensed premises?
Reasonable grounds for believing alcohol is sold in breach of Section 1(1) of the Act
Police may inspect premises where food or drink is sold if they suspect illegal alcohol sales.
What is required for authorities to inspect for illegal provision of alcohol?
Written authority from a Justice of the Peace or a Constable of or above the rank of Inspector
This authority must be obtained and carried out within eight days.
What does the term ‘inspect’ imply in the context of alcohol regulation?
Proportionate and justifiable actions to establish illegal provision of alcohol
This may include inspection of till receipts and searching counter and cupboard areas.
What constitutes an offence under the police powers of entry?
Intentionally obstructing a Constable exercising power conferred by the section
This obstruction is considered a legal offence.
What are the criteria for a Private Members Club regarding alcohol supply?
Must be non-profit making, maintain a constitution, and follow specific member conditions
Conditions include only supplying alcohol to members or guests invited by members.
Who can be supplied with alcohol in a Private Members Club?
Members of the club, guests invited by members, or members of other qualifying clubs
Guests must have their details recorded in a visitors book.
What power do police have regarding registered clubs?
Unrestricted power of entry
This applies to all registered clubs for inspection purposes.
What is required for authorities to inspect for illegal provision of alcohol?
Written authority from a Justice of the Peace or a Constable of or above the rank of Inspector
This authority must be obtained and carried out within eight days.
What does the term ‘inspect’ imply in the context of alcohol regulation?
Proportionate and justifiable actions to establish illegal provision of alcohol
This may include inspection of till receipts and searching counter and cupboard areas.
What constitutes an offence under the police powers of entry?
Intentionally obstructing a Constable exercising power conferred by the section
This obstruction is considered a legal offence.
What are the criteria for a Private Members Club regarding alcohol supply?
Must be non-profit making, maintain a constitution, and follow specific member conditions
Conditions include only supplying alcohol to members or guests invited by members.
Who can be supplied with alcohol in a Private Members Club?
Members of the club, guests invited by members, or members of other qualifying clubs
Guests must have their details recorded in a visitors book.
What power do police have regarding registered clubs?
Unrestricted power of entry
This applies to all registered clubs for inspection purposes.
