The law is changing for those who sell alcohol as the Licensing (Scotland) Act 2005 comes into force. The new Act means that there will be a new system of premises licences for premises on which alcohol is to be sold, and a requirement for a personal licence. Applications for these new licences will need to be made to the correct Licensing Board.
A basic introduction to the Licensing (Scotland) Act 2005
Premises Licence
The premises licence will remain in force for as long as the premises are used for that purpose. Premises licence holders will only need to return to the Licensing Board if they wish to vary the terms of their operating plan or the conditions of the licence.
Personal Licence
An individual wishing to manage premises on or from which alcohol will be sold will need a personal licence. An application for a personal licence must be made to the Licensing Board in the area the person is normally resident. This may not be the same Board to which the premises licence application is made and you are advised to check before making your application. If granted, this licence will be valid for 10 years (even if the licence holder changes jobs and goes to work in other licensed premises). To be eligible for a personal licence an applicant must be over 18, should not have relevant or foreign convictions and hold a licensing qualification.
The Operating Plan
The Act requires that the operating plan must contain a statement of the times alcohol will be sold for both on and off sales and also the times within which activities other than the sale of alcohol will be provided. This means that whilst it gives the Premises licence Holder a flexible regime, the Licensing Boards will also be able to control opening and closing times of premises.
Premises Manager
The premises manager, who must be a personal licence holder, could be an owner, tenant, manager of the premises or an employee such as a Bar Manager. However, one person cannot be the designated premises manager of more than one premises. Should the designated premises manager leave, you will be able to continue to sell alcohol on or from the premises as long as the Licensing Board is notified within seven days that the premises manager has left. There will be a six week period in which to find a replacement premises manager.
Staff Training
All staff working in licensed premises and who serve/sell alcohol will require to undergo mandatory training. Regulations will detail the training staff will be expected to undertake if their role involves selling or serving alcohol.
Further to this all Licensing Board members must also undertake a course of training leading to a qualification accredited by the Scottish Qualifications Authority.
Scottish Certificate for Licensed Premises Staff meets the criteria of the Licensing (Scotland) Act 2005