Licensing (Scotland) Act 2005

2009 heralds the biggest change the convenience store industry has witnessed in a generation when the Licensing (Scotland) Act 2005 comes fully into effect at 5.00 am on 1st September 2009.

Attached is the SGF Licensing Special Newsletter SGF Licensing Newsletter which outlines the mandatory conditions you must operate if you wish to sell alcohol on the 1st September.

There are a number of mandatory conditions attached to the premises licence. failure to comply with these conditions will lead to the Licensing Boards reviewing your licence.

Mandatory conditions include:

Trading Hours

Off-sale premises are only allowed to sell alcohol for consumption between 10 a.m. and 10 p.m. Licensing Boards may further modify off-sale hours in line with their general policy.

Staff Training

All staff selling alcohol, including part-time or casual staff must undertake the mandatory training outlined in the Act by the 1st September. Staff must be trained for a minimum of 2 hours’. Training must cover each of the areas listed below:

1. The legal basis of the requirement for the training of staff under paragraph 6 of schedule 3 to the Act.
2. The licensing objectives.
3. The definition of “alcohol” in the Act.
4. What constitutes an unlicensed sale.
5. The functions of Licensing Standards Officers, including their powers of entry.
6. The nature of an operating plan and its place in the licensing system.
7. The different types of premises licence conditions under section 27 of the Act.
8. Special provision for clubs under section 125 of the Act.
9. Licensed hours under Part 5 of the Act.
10. Offences under the Act, particularly those involving persons under the age of 18.
11. Proof of age under sections 102 and 108 of the Act and the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007.
12. Test purchasing of alcohol under section 105(2) of the Act.
13. Best practice as regards standards of service and refusing service.
14. Units of alcohol and the relationship between units and the strength of different alcoholic drinks.
15. The sensible drinking limits for males and females recommended by the British Medical Association.
16. Good practice in managing conflict situations.

New staff will have to have completed training before they are allowed to sell alcohol. A record must be kept of the staff training. It must be signed by the member of staff and the person who provided the training. This record must be kept on the premises and must be available for inspection by a Licensing Standards Officer.
Training for staff can be provided in-house or by a training provider. The regulations provide that a person who holds a personal licence can provide training for staff (for example, premises managers can train their own staff).

Personal Licence

A personal licence allows an individual to authorise the sale of alcohol. This licence lasts for 10 years. To hold a personal licence you need to be at least 18 years old and possess a licensing qualification.
New regulations allow licensed premises to continue to trade from 1 September 2009 to 1 November 2009 where the designated premises manager’s application for a personal licence has yet to be approved by the licensing board.

For a licensed premise to take advantage of the regulation the premises licence holder or their agent must have nominated the designated premises manager on or before 31 August 2009. The designated premises manager so nominated must also have submitted an application for a personal licence together with evidence of a relevant licensing qualification to a licensing board on or before 31 August 2009.

Note that the application is made to the Licensing Board for the area where the applicant normally lives, even if they work in a different area.

Display of Notice of Offences

All premises must display a notice where alcohol is sold which sets out the offences relating to the purchase of alcohol by and/or for a person under the age of 18.

Alcohol Display Area

Off-sales must have one separate alcohol display area. The only non-alcohol products that may be displayed in this area are soft drinks, or products packaged and sold with alcohol. In addition, the premises can have a further display area that is inaccessible to the public e.g. the area behind the counter where alcohol can be displayed alongside other products.

72 Hour Trading Rule

No further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

Irresponsible Promotions

The following irresponsible drinks promotion must not be carried on in or in connection with the premises:
• Relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18
• Encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume
• Is based on the strength of any alcohol
• Rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly
• Offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.

SGF would strongly recommend you seek clarification from the Licensing Board in your area about their definition of an irresponsible promotion and the 72 hour trading rule. These conditions are difficult to interpret and may vary from area to area.

SGF has also produced a retailer’s guide to the Licensing (Scotland) Act 2005 SGF Licensing Handbook