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Licensing news Scotland - August 2018

This month in summary:

Licensing News

TLT's North East Alcohol Think-in (NEAT) is a huge success

TLT in conjunction with AAB hosted the inaugural North East Alcohol Think-in at Brewdog's Castlegate venue on 23 August.

Approximately 60 delegates attended the free half day conference and were treated to insights from professional advisors to the trade and industry leaders.

The keynote speaker, Nicola Johnstone, Aberdeen's Night-time Economy Manager addressed the conference on her aspirations for Aberdeen's hospitality sector and the importance of partnership working to achieve this.

Scottish Government announce personal licence renewal fee

The Government have announced the fee for the 10 year renewal of the personal licence will be £50 (the same as the fee for the original application).  The relevant statutory instrument has been laid and the fee will be applicable post 1 October 2018.

A final outcome on the mechanism for licence renewals has yet to be announced but we understand that the requirement will be that the renewal application is accompanied by the £50 fee and a Refresher Training Certificate.

Top Licensing Tip: Consultations - speak now or forever hold your peace

As licensing policy consultations land in our inboxes thick and fast in the run up to the November 2018 deadline, we have been highlighting (through our Bulletin and correspondence with clients) who is consulting, what on and when it closes.

If the sheer volume of consultations is making your head spin – welcome to the club!

However, the most important message we can advocate is "speak now or forever hold your peace"!

"Forever" may be a slight exaggeration but these new policies will come into force in November and last for four or five years.  They will set the parameters on all manner of important issues for the trade like; hours; outdoor areas; overprovision; children's access; local conditions; live music and so on.

Now is your opportunity to have your say and influence the policy. Once these policies "go live" the licensing board must have regard to them when considering applications.  If a week, a month or a year down the line you are seeking a licence or a variation outwith policy your prospects of success are significantly less!  Don't therefore lament the policy once in place, unless you have taken the time to offer your view to the policymakers now.

You have been warned.

Licensing Board Policies - consultation update

Clackmannanshire Licensing Board are seeking views on their new policy online. All responses are required by 13 September.

North Lanarkshire Licensing Board have published a Draft Statement Of Licensing Policy for 2018-2022 and are seeking comments to guidip@northlan.gcsx.gov.uk  by 21 September

North Ayrshire Licensing Board's policy consultation can be accessed here and views are sought on the general terms of the policy together with Overprovision

Glasgow Licensing Board publish draft Policy

The Glasgow Licensing Board are formally consulting on a new draft licensing policy and have set the deadline for responses as 5 October 2018.  Full details can be accessed here but the matters up for debate include

  • New overprovision areas and criteria
  • Introduction of the Agent of Change principle
  • Focus on safety of workers and employees within licensed premises, e.g. staff transport home
  • Requirement for licensees to have a policies on the use of New Psychoactive Substances and Other Substances in Licensed Premises
  • Policies tackling child sexual exploitation
  • Proposed Pilot Scheme – 4am terminal licensed hour for late night entertainment premises within the city centre
  • A new condition for restaurants operating to 1am
  • A proposed terminal licensed hour for young persons of 11pm
  • Requirement for approved layout plan for outdoor areas to be displayed publicly by licence holders

Somewhat surprisingly there are no moves to harmonise terminal hours across the city with the differential between within and outwith the city centre unchanged and despite the mooted 4am for nightclubs there are no extra hours for pubs.

Edinburgh Licensing Board open a formal consultation on their draft Statement of Licensing Policy and Overprovision

Edinburgh have launched a joint consultation on the terms of its Licensing Policy and Overprovision.

The policy consutation can be accessed here.

Views are sought on the terms of the current policy and in particular

  • Children and Young Persons’ Access
  • Extended Use of Occasional Licences
  • Extended hours for events in Licensed Premises
  • Amplified music in Licensed premises
  • Licensed hours within and outwith the city centre

Furthermore the Board have identified 38 localities which it believes may demonstrate the characteristics of Overprovision and have asked for feedback

Gambling News

The Gambling Commission has issued a warning to online operators about their withdrawal policies

Following a Competition and Markets Authority (CMA) investigation into unfair terms and practices in the online gambling sector their report highlighted customers being unfairly prevented from withdrawing their money.

All gambling firms are now required to adhere to the standards set out by the CMA.

This warning comes on the back of new rules announced in July enabling the Commission to act quickly in respect of breaches of consumer law.

Out and about

As the days shorten and the nights lengthen the licensing team have been busy as ever travelling the country to represent clients.

We have appeared at Boards and Committees in Glasgow, Edinburgh, Falkirk, South Ayrshire, Fife, Dumfries, North Lanarkshire and East Dunbartonshire.

In addition, Stephen and Niall attended the TLT sponsored Banchory Beer Festival – it's the toughest of jobs!

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2018. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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