Llicensing Law Flashcards
What are the aims of the acts and framework
It aims to protect people from crime and disorder associated with over consumption of alcohol
Protect the rights of those who drink in a responsible and sensible way
Allow monitoring of license premises and provide strong Enforcement laws
Support alcohol retailers for trade in a responsible way
What are the three main themes and preventing harm
Reducing consumption
Positive attitude positive choices
Supporting families and communities
The meaning of alcohol
Alcohol includes spirits wine beer cider or any other fermented distilled or spiritus liquor including Angus story better with an alcohol strength of over 0.5 alcohol by volume
What are the five licensing objectives
- preventing crime and disorder
- security and public safety
- preventing public nuisance
- Protecting and improving public health
- Protecting children and young persons from harm
What do licensing board do
Promote the licensing objectives when producing the statement of license policy and then carrying out their duties
Licensing standard officers LSO
Provide information and guidance to license premises
take action If premises are not operating to the licensing objectives
What are license holders
They implement good working practices to promote the licensing objectives and ensure all staff are appropriately and regularly trained and supervised
What must staff on license premises be aware of
They must be aware of their responsibilities to prevent disorder an underage sales and implement policies and procedures that promote the licensing objectives
What is the sale of alcohol
An exchange of money or a batter for alcohol when alcohol is included in the price of goods and services
What is an unsolicited sale
An unsolicited sales is when alcohol is sold without an appropriate license
What is a personal license
Granted to individuals to supervise and authorise the sale of alcohol on license premises a personal license holder must be appointed as the premises manager on the premises
What is a premises licence
Granted to allow the permanent sale of alcohol to take place on a premises
What is an occasional license
Granted to cover sales of alcohol on premises not otherwise covered by a premises license for a maximum of 14 days these applications are usually used unlicensed premise but can be used to fill in the gap between applications and grant of the premises licence
How many licensing boards are there in Scotland
32
What do Licensing Boards do
Make decisions on license applications
Regulate standards
And set out licensing policies and that areas
Determine applications for premises licenses variations and transfers
Process personal license applications revision notifications or renewals
How often does a board publish a statement of license policy
Every five years
When developing a policy boards must
Consider the views of consultees including reps of personal and premise license holders and the local licensing for
Take into account guidance issued by the Scottish government
Considered the views of health boards
Why is it important to have an assessment of overprovisiom
To assess whether there are too many license premises or particular types of license premises in the area
Who must they consult
The chief constable, health boards, premises license orders and local residents. The board may seek responses from the public by publishing details on their website
Why an annual report
Boards must produce and publish an annual report explaining their approach to the licensing objectives and licensing policy throughout the year including a summary of the decision made a number of licenses held
What are hearings
Hearings consider new license applications, major variations, review applications, application subject to objections or representations and other matters such as approving policies.
At a hearing they can refuse applications, revoke, suspend or vary the conditions of a premises license
What is a closure order
A closure order can be enforced by a police officer or the rank of an inspector or above the closure of the premises is an interest of public safety
What is the role of an LSO
Giving advice and guidance
Providing information
Mediation
Ensuring compliance
Staff must comply with LSO rules, why
To provide assistance by answering questions, providing information and producing documents when requested. An LSO all may remove articles and documents from the premises but a receipt must be given
Who has the power of entry
Police, trading standards, environmental health, fire service, HMRC enforcement customs and excise, immigration
What records are kept in the complains folder
Refusal logs, entry verification policies, authorisations to sell alcohol, incident reports, security policies, copy of the premises licence, Copy of personal licenses held by staff, statutory staff training records
What is a personal license and what does a permit holders do
It’s a license granted to an individual that allows a holder to sell alcohol
They supervise the sale of alcohol in accordance with a valid premises or occasional license
Authorise such sales either specifically or generally
Carry out two hours of mandatory staff training
Who can apply for a personal license
A person who is 18 year old
Who is an accredited licensing qualification the Scottish certificate for personal license holders
Has not had a personal license revoked within the past five years
Does not already hold another personal license
Where do you apply
You must apply to the licensing board where you live
How do you apply
complete & personal license application form
Include a copy of your SCP LH
2 passports photographs one must be endorsed on the back
The appropriate fee currently £50
What happens when the board received your application
They must send a copy to the chief constable and LSO
What happens if the chief constable refuses
The board must hold a hearing to decide whether or not to grant your application
What happens if during the application process your convicted of a relevant for an offence
You must inform the board no later than one month after the day of conviction
What is the lifespan of a personal license
10 years with the possibility of renewal for her further period of 10 it has to be refreshed every five years
Why must you complete refresher training
It’s a duty that all personal license holders must undertake mandatory refresher training within the first five years of holding a license and five years after reaching you at this point you will need to complete in person accredited SEP LH refresher course it must be three months prior to the expiry of five years
What is the duties of a personal license holder
Inform the licensing board of a change of name and address within 1 month of the change
You must produce your personal license when requested by a police constable and an LSO
Notify the relevant license board and the board for the area where you work any convictions for any relevant convictions
If you were charged with an offence what must you tell the court
Details of the offence
Date of the court hearing
Caught up which the matter was determined
Penalty
What do you do if your personal license is lost stolen
You must notify the police and the relevant licensing board and apply for a replacement
What are the grounds for the review of a personal license
hold a hearing to decide which of the following actions to take
Revoke the license
Suspended license for up to 6 months
Endorse the license
How long does an endorsement last
Five years after which time an application may be made to remove them
What is the purpose of a premises licence
A premises license allows the sale of alcohol on or from the premises.
It is granted by a license board authorising the sale of alcohol on and/or from the premises
What is the premises licence
Details of the premises license holder
A description of the premises
An operating plan
Silo plan
Details of the premises manager
Specific license conditions
What is the purpose and contents of the operating plan
It describes how the premises must be operated including
Which activities will take place where and when
Opening hours and times alcohol will be sold
Policies on access by children and young persons
Whether sales of alcohol after consumption on or off the premises
Information on capacity
What is a type of variation application
To request a change the operating plan, layout plan or any other aspect of the premises licence
What is an occasional license
It allows the sale of alcohol on unlicensed premises, often for special events for a period of no more than 14 days
What must the premises license holder inform the board within seven days
Cease to be employed at the premises
Become incapable
Die
Have their personal license revoked or suspended
The premises license holder or connected persons must notify the board within one month of
Change the name of address
A change of name and address of the premises manager
A change of name and address of a connected person
A person becoming or seem to be connected person to the license holder
What does vicarious liability mean
It means the premise license holder may be prosecuted for an offence committed by employee unless its able to prove
They did not know the offence has been committed
They exercised due diligence to prevent the offence being committed
What examples would you put on a risk assessment
Preventing public nuisance
Protecting children from harn
What are mandatory conditions to all licensed premises
The sale of alcohol and other activities must take place in compliance with operating plan
Alcohol may only be sold by a premises manager holding a valid personal license is appointed
Alcohol sales must be supervised or authorise either generally were specifically by the premises manager personal license holder of the responsible person
Every individual must receive two hours mandatory training before selling or saving alcohol
Responsible promotion of alcohol must never take please
No supply of alcoholic drinks free of charge order a reduced rate
Requirement for a need verification policy in relation to the sale of alcohol to those who appear under the age of 25
The annual fee for the premises license must be paid on time
Place for alcoholic drinks is 50p per unit of alcohol
What are the mandatory conditions that apply only to on sales
The price of any alcohol products may be changed to vary at the start of the period of licensed hours. No alcohol product price can be changed within 72 hours of that price variation
Drinking water must be available free of charge for non-alcoholic soft drinks available at a reasonable price
members clubs to admit children under five must provide baby changing facilities assessable by both females and males
Premises except members clubs children under five must provide baby changing facilities assessable by both males and
What are the mandatory conditions apply only to the of sales
Minimum price for multi pack products containing alcohol a pack of two and more alcohol products must be sold at a price at least equal to a more than the price of a single product to each is sold separately on the premises. For example if a single bottle of lager is priced at £1.20 and multi pack containing six of the same bottles must be on sale for at least £7.20
Restrictions on what alcohol may be displayed for Offsales do you line
Location of of sales drinks promotions are restricted to the alcohol display area or room otherwise not within 200 m of the Boundry of the premises
Restrictions apply to any some or all alcohol products that may be changed at the start of the day sweetie. Very price of the product or those products must be maintained for 72 hours
Late opening premises operating between one and five must have a person trained in what
First aid And be on duty during these times
What other conditions apply
Live or recorded music exceeding 85 dB
Profession for dancing or adult entertainment
More customers standing then seated
Capacity for at least 250 people
What other mandatory conditions apply
The presence of a personal license holder
Staff and your team must be trained and be able to deal with misuse of drugs policy
One member of staff must be allocated to check toilets
What is the minimum price of alcohol
50p
How is the minimum price of alcohol calculated
MUP is calculated using the formula MPU x strength x volume x 100
What is irresponsible
Promoting drinks that will appeal to under 18s
Time limited discounts such as happier is to boost business during quiet period
Encourage purchase of a quality alcohol
Encourage customers to drink quickly to gain a discount reward or prize
Giving alcohol as a prize unless in a sealed container for consumption of the premises
Of sales restrictions
Can only be displayed in either a single area of the premises as agreed between the board and the premises license holder
And a single area of the premises to which the public have no access such as behind a service counter or an unlocked display cupboard
Members clubs have different rules such as
There is no requirement for a premises manager
The sale of alcohol to be authorised or supervised by a personal license order
A members club can apply for the location of license to cover the sale of alcohol from the premises to the public for a special event
What are the rules of drinking up time
Customers are allowed up to 15 minutes after the end of the license period to finish drinking alcohol as long as alcohol was purchased during the licensed hours
What are the rules for Carry outs
Esther premises licence for Offsales customers are allowed to take away sealed containers of alcohol from the license premises within 15 minutes of the end of the of sales license hours
Alcohol with a meal
Alcohol must be consumed within 30 minutes of the end of the license period
How long does an extension to license hours last
Can only apply for one month
Sale of alcohol to a drunken person
It is an offence to Sellar self alcohol
Buying alcohol for someone who is underage
It is an offence for a person to buy an attempt to buy alcohol for someone underage
Drunken person on license premises
. It is an offence for the premises manager and/or staff on license be drunk on license premises
What is a premises license review
These can be carried out at any time and anyone me request a review specifying the alleged grounds for a review
What are premises licence hearings
Premise license holder is not considered a fit and proper person
The premise license conditions have been breached
One more of the licensing ovhectives have been breached
What is an Exclusion order
A premise license request an exclusion order to prevent a person convicted of an offence on or in the vicinity of the license premises from entering the premises without consent for between three months and two years request must be made to the court that convicted person within six weeks of the day of conviction
Do you have to give a reason to ban
No reason needs to be provided as long as it’s not done in an discriminatory manner
