The Licensing (Scotland) Act 2005 (the "Act") will
come into force on 1 September 2009. The Act represents a major
overhaul of Scottish licensing, and is designed to simplify the
system, replacing the current requirement for seven different
licences with a requirement for two - premises and personal.
The main requirements of the Act are as follows:
Establishments will not be able to sell alcohol after 31 August
2009 unless
(a) The premises licence or certified copy is on the
premises;
(b) The summary of the premises licence is on prominent display on
the premises; and
(c) The premises licence has the name of the Designated Premises
Manager on it.
The criteria for becoming a Designated Premises Manager are strict.
Not only must you pass the relevant 2005 Act training and have the
training certificate granted, but you must also apply to the
licensing board where you reside for a personal licence. Only once
the personal licence is received can you apply to be a Designated
Premises Manager.
In response to concerns raised about the length of time it takes to
receive a personal licence, Justice Secretary Kenny McAskill
announced yesterday that anyone who has undergone the necessary
training and applied for their personal licence by the end of
August will be entitled to keep trading after 1 September,
notwithstanding the fact that they have not yet received their
personal licence. To take advantage of these new provisions, the
premises licence holder must have nominated who will be the
Designated Premises Manager on or before 31 August, and the
nominated Designated Premises Manager must 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.
Once granted, premises licences will remain in effect until the
occurrence of certain events, such as the licence being surrendered
or revoked under any provision of the Act, or the licensed premises
ceasing to be used for the sale of alcohol. A personal licence will
last for 10 years and must then be re-applied for. Finally, it
should be noted that all staff who sell alcohol or serve it for
consumption on the premises (not just the Designated Premises
Manager) must be fully trained in terms of the Act, or they will
not be permitted to continue to serve alcohol.
Further information
To see the Act, click
here.
For the Scottish Government's Licensing Briefing Pack, click here.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 28/08/2009.