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Licensing news Scotland - June 2019

This month in summary:

Licensing news

Top Licensing Tip: Check your DPM's personal licence to avoid alcohol sales ban!

Personal licences issued on 1 September 2009 expire on 31 August 2019 unless a renew application was lodged by 31 May 2019.

The early indication from licensing boards across the country is that the number of renewals lodged as at 31 May are worryingly low!

The net result is that if your DPM has missed the deadline their personal licence will expire.  Upon expiry they can no longer be a DPM.  Every licence must have a valid DPM named to authorise the sale of alcohol.  If you ignore the above your premises will have to stop selling alcohol until a new DPM is named!

A full guide (including how to calculate renewal and expiry dates) can be found here.

Government consults on Occasional Licences

Concerns have been raised about the use and abuse of occasional licences for some time.  At £10 for 14 days and no limit on the numbers available (other than for voluntary organisations) the cost of administration is often greater than the fee.

The purpose of the consultation is to consult on whether or not to raise the fee and consider a limit on the number and duration of occasional licences for premises licence holders and personal licence holders.  The consultation can be accessed here  and closes on 16 July 2019.

Glasgow Council to appoint Night Time Mayor/Tsar

Glasgow City Council Leader, Susan Aitken has announced the intention to appoint a night mayor to “co-ordinate the late night licensed trade activity in the city, including pubs and clubs.”

This comes on the back of the Licensing Board's Support for the 4 a.m. terminal hour pilot project for nightclubs, which has a 1 year duration and saw a number of applications granted in April.

Glasgow’s ideal candidate would act as a conduit between the trade and Council officials and partner agencies.

Glasgow is following in the footsteps of cities like Manchester and Aberdeen.

Gambling news

Key Events: Notifications required by the Gambling Commission

It is a condition of your Operating Licence that certain events (Key Events) are notified to the Gambling Commission within five working days of the event or as soon as possible. Failure to do so is serious matter and a breach of your Operating Licence. Such a failure may lead to your operating licence being reviewed.

You and your compliance team should be familiar with the Key Events and always be asking "is this a key event?".

Key Events are reported via the Gambling Commission online portal eServices -. If you are unable to log onto the portal then you should not delay the report and instead email key.events@gamblingcommission.gov.uk.

It is not possible to list every single possible Key Event is notified to the Gambling Commission, however, the most common Key Events are as follows:

  • Going into administration or equivalent
  • A change in shareholder (3% or over)
  • Any other type of investment
  • Taking a loan from any person not authorised by the Financial Conduct Authority
  • Receiving third party services for other than for full value
  • Any change in key personnel
  • Any change to the structure or organisation
  • Any material change in banking arrangements
  • Any breach of a covenant given to a bank or other lender
  • Any default in making repayment of whole or part of a loan on its due date
  • Any court judgments (in whatever jurisdiction) against you or your business
  • Any qualification to an auditors’ report
  • Any unplanned change of auditor
  • Any change in arrangements for the protection of customer funds
  • Any deficit on reconciliation of a customer funds bank account
  • Any change in arrangements through which you accept payment from customers
  • Grant/withdrawal/refusal of any application for a gambling licence from a regulator in another jurisdiction
  • Any investigation by a professional, statutory, regulatory or government body (in whatever jurisdiction) into your activities
  • Any report from a professional, statutory or other regulatory or government body (in whatever jurisdiction) of the outcome of a compliance assessment
  • Any high priority referral to your Board by a third party (such as an auditor) about your provision of facilities for gambling
  • Any disciplinary sanction, including dismissal, against the holder of a personal licence
  • Any material litigation (in whatever jurisdiction) against you
  • Submission of a suspicious activity report (SAR) to the NCA
  • Any breach of your information security that adversely affects the confidentiality of customer data or prevents customers from accessing their accounts for longer than 24 hours
  • Any change of your alternative dispute resolution (ADR) provider
  • Any change of trading on website domains (including mobile sites or mobile device applications) or broadcast media through which you provide gambling facilities
  • The outcome of a dispute referred to an ADR provider
  • If any group company, which is not a Commission licensee, advertises remote gambling facilities to those residing in a jurisdiction in or to which it has not previously advertised
  • Where a gaming system fault has resulted in under or overpayments to a player.
  • Any change in the structure or the operation of your business
  • Any change in your managerial responsibilities or governance arrangements
  • Any report from an auditor expressing concerns about shortcomings in your management control or oversight relating to the provision of gambling facilities
  • Where you know or suspect that there has been interference with an event in Great Britain on which bets have been placed (from anywhere)
  • Where you know or suspect that there has been interference with an event taking place outside Great Britain on which bets have been placed in Great Britain

You should refer to the Gambling Commission's Local Conditions and Code of Practice for further information

Civic licensing

Consultation launched on future policy development for Sexual Entertainment Venues in Glasgow

New legislation passed by the Scottish Government has created a regime to licence Sexual Entertainment Venues (SEVs).

Local Authorities are empowered to pass a resolution setting out the rules and conditions of licences for such venues.  In addition, the local authority must determine the appropriate number of SEVs for their area and this can be zero.

Glasgow are now seeking venues to inform their policy with a deadline of 26 August 2019.  It can be accessed here.

Out and about

Board and Committee Hearings are coming thick and fast for our team! This month we have be clocking up the miles with successful appearances at North Lanarkshire; Fife; Aberdeen City; Dundee; South Lanarkshire (Hamilton); Edinburgh; and Clackmannanshire Licensing Boards. In addition TLT were please to Sponsor the BII Scotland National Awards and host a table of clients at the gala dinner.

Listen to our employment law podcast

Our Employment team have launched a new "must listen" employment law podcast, Employment Law Focus. It is free to download and available on iTunes, Spotify and a range of other podcast platforms.  Episode 1 focuses on how companies are responding to heightened awareness around sexual harassment following the #MeToo campaign.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at June 2019. Specific advice should be sought for specific cases. For more information see our terms and conditions.

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