Licensing Services

The New Licensing System

Licensing (Scotland)Act 2005

The Act sets out 5 licensing objectives

Preventing Crime and disorder
Securing public safety
Preventing public nuisance
Protecting and improving public health; and
Protecting children from harm

Statement of Licensing Policy

The Licensing Board is obliged to prepare and publish a statement of Licensing Policy every three years. During each three year period, the policy must be kept under review and the Board may make any revisions it thinks appropriate.

Local Licensing Forum

South Ayrshire Council have established a Local Licensing Forum which meets a minimum of 4 times per year and whose function is to keep under review (a) the operation of the Act in the Forum’s area and (b) the exercise by the Board of their functions.

Transition to the new Act

The transition period begins on 1st February 2008 and will last until 31August 2009 with the ‘big bang’ happening on 1st September 2009. On that date all 1976Act licences which have not been replaced by a new 2005 Act licence will be void.

During the transition period all 1976 Act licences will automatically be extended until 31st August 2009. Therefore during transition, it will not be necessary to renew the licence itself or any regular extensions or childrens certificates.

Applications for new licences

Premises Licence

All licensees will be required to apply for a premises licence under the 2005 Act. In order to protect ‘grandfather rights’ applications must be lodged in accordance with when the 1976 licence is due for renewal.

Licences due for renewal in March any year must lodge by 7th March 2008
Licences due for renewal in June any year must lodge by 6th June 2008
Licences due for renewal in October any year must lodge by 3rd October 2008
Licences due for renewal in January any year must lodge by 16th January 2009

Personal Licence

Every set of premises will require at least one personal licence holder. Before an application for a personal licence can be made, the applicant must have obtained the Scottish Certificate for Personal licence Holders (previous training certificates not acceptable)

Clubs

Background
The Licensing (Scotland) Act 2005 means clubs that have traditionally been registered with the Sheriff for the sale of alcohol (under Part VII of the 1976 Act) will now come under the remit of their local Licensing Board.

All Clubs will require a premises licence, under the new Act, from the South Ayrshire Licensing Board if they wish to sell alcohol after the 1st September 2009.

Under the Licensing (Scotland) Act 2005 clubs are subject to much of the same regulation as other licensed premises. For example the South Ayrshire Council’s Licensing Standards Officer will have statutory power to enter licensed premises, including club premises, for the purposes of inspection and examination of records.

What is a Club?
Qualifying clubs (which can include recognised student unions of higher educational establishments) are defined in The Licensing (Clubs) (Scotland) Regulations 2007 (SI 76 of 2007), as those that:

must not be conducted for the purposes of making a profit; and
must have a written constitution and rules that provide for the following:
the business of the club is to be under the management of a committee or other governing body elected by the members;
no person under 18 is to be admitted as a member of the club (unless the club is devoted primarily to some sporting purpose or is a students' union;
no member or employee is to have any personal interest in the sale of alcohol on the club premises or in the profits from the sale of alcohol;
except when an occasional licence is in force alcohol can only be supplied to members, their guests or members of other qualifying clubs;

NB Note here that reference is to supply not sale so it is not possible for members to buy for others who do not qualify for one of these categories.

other than when an occasional licence is in force where a guest is supplied with alcohol entry must be made in a book to record the date and the names of the member and guest. This record should be available for inspection;
correct accounts and books are to be kept showing the financial affairs of the club;
the club must have at least 25 members to be properly constituted;
there can be no honorary or temporary membership or relief from payment of fees (entrance or subscription) except to allow temporary participation in the activity which is the prime purpose of the club and except in accordance with specific provision set out in the club rules;

What are the Exemptions for Qualifying Clubs?

Section 125 of the Licensing (Scotland) Act 2005 provides for exemptions from parts of the Act for clubs that fall within the description above. Qualifying clubs are exempted from:

the assessments of overprovision (section 7)
the ground of refusal of premises licence or premises licence variation application relating to overprovision (section 23(5)(e) & 30(5)(d))
the requirement for operating plan to contain information as to the premises manager (section 20(4)(g))
the requirement for name and address of premises manager to be specified in premises licence (section 26(2)(a)(ii))
the requirement for there to be a premises manager for licensed premises (schedule 3 para 4)
the requirement for sales of alcohol under premises licence to be authorised by a personal licence holder (schedule 3 para 5)
the requirement for sales of alcohol under certain occasional licences to be authorised by a personal licence holder (schedule 4 para 4)

These exemptions mean that qualifying clubs will not generally need a personal licence holder or a premises manager. The exception is where they open past 01:00 a.m. and satisfy certain other requirements (beyond the scope of this leaflet) in which case they may become subject to specific mandatory conditions that include the presence of a personal licence holder.

What are the Training Requirements?

The Premises Licence mandatory conditions contained in Schedule 3 to the Act provide at paragraph 6 for the training of all staff selling or serving alcohol. There is no exemption for clubs from this provision and clubs cannot use untrained staff.

Where a person undertakes the role of selling or serving alcohol then that person must be trained to the standard prescribed in the Licensing (Training of Staff) (Scotland) Regulations 2007. That standard is at least 2 hours’ worth of relevant training from a person who holds a personal licence or who is accredited by the SQA.

Many club representatives have undergone recognised training in the past. Certain clubs may therefore choose to have one (or more) personal licence holder(s), even though there is no requirement for the same, as the personal licence holder can then train other staff internally. Each club must clearly make its own decision on this and club representatives should discuss training with accredited training providers.

How do Clubs Get a Licence?

Transition to the Licensing (Scotland) Act 2005 starts on the 1st February 2008 and from that date applicants can start applying for their new premises licences.

The Licensing (Scotland) Act 2005 comes into full force on the 1st September 2009 and new licences will not take effect until that date.

From the 1st February 2008 to the 1st September 2009 existing permissions (i.e. registrations plus any regular extensions) will automatically continue to have effect and need not be renewed. However, between the above two dates all clubs will be required to apply for a new form of premises licence from the South Ayrshire Licensing Board (as well as any personal licences – see below). This is true irrespective of when their current registration with the Sheriff’s Office is due to expire.

Application forms are now prescribed as part of The Premises Licence (Scotland) Regulations 2007. Forms will be available on the South Ayrshire Licensing Board’s website or on request from the Clerk to the Board, Licensing Section, 29 New Bridge Street, Ayr, KA7 1JX.

The South Ayrshire Licensing Board is to set the date by which applications need to be made.

Clubs which fall within the A – L range will be asked to apply no later than the 6th June 2008. M – Z will be asked to apply no later than 3rd October 2008. The South Ayrshire Licensing Board will be sending 2 reminders to each club individually to notify and remind each club of the appropriate dates. The first reminder will be issued in March 2008. The second reminder will be issued, along with an application pack, no later than one month before the appropriate application dates

Clubs are not required to have (but may choose to have) a premises manager and/or one or more personal licence holders. Where a premises manager is named then he/she must be a personal licence holder

Occasional Licences

Further information regarding occasional licences which may be applied for after September 2009 will be issued in due course.