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Licensing news Scotland - September 2016

What's been happening in the Scottish licensing community this month?

Alcohol licensing news

Gambling news

Other news

Licensing News

Edinburgh Licensing Board defer decision on inaudibility

Edinburgh Licensing Board has deferred its decision on whether to amend its policy in relation to the licence condition requiring amplified music and vocals to be inaudible in neighbouring properties. This is to allow consultees to attend a future hearing and give evidence in person.

This follows the consideration of a report after some two years of dialogue with various groups, including Music is Audible and Live Music Matters, who believe the condition is adversely affecting the live music and cultural scene in Edinburgh.

Following a discussion at the board hearing on 29 August 2016, councillors voted to hold a special hearing and invite community councils, councillors, trade bodies and others to come and speak about their written responses to the consultation. Convenor Eric Milligan made it clear that he did not want the matter to be brushed over. The board also agreed that the special hearing should only be open to those who have lodged responses to the consultation. We will report on the outcome of the special hearing in due course.

North Ayrshire Licensing Board introduces "juniors" policy

At a recent meeting of the North Ayrshire licensing board, the issue of alcohol in the stands at junior football matches was debated.

This followed the controversial grant by the board of an occasional licence for Irvine Meadow JFC, which attracted national press. The application had attracted no objections or reports and the board were obliged to grant the licence as there was no reason to refuse. The licence was not, in the end, used by the club but the furore clearly motivated the board to introduce a supplementary policy about such events to ensure greater control.

After a debate, the board agreed that they would issue for licences for such occasions but would look to apply certain conditions:

  • alcohol will only be able to be sold from one hour before the match, not during the match (except half time) and one hour after the match:
  • alcohol should only be sold in a designated bar area; and
  • the club would have to meet the police costs.

It is thought that this is the first policy concerning junior football matches across Scotland but others may follow suit.

BII Scotland announce Scholarship Winners

Giovanna Eusebi from Eusebi Deli in Glasgow and Kelsey Wood from Boda Bars in Edinburgh have been announced as the winners of the BII Scotland Lausanne and Gleneagles scholarships, which were launched at the awards event in May 2016.

Giovanna Eusebi will attend a hospitality management course at a specialist hotel in Lausanne, Switzerland, whilst Kelsey Wood will work in the world renowned Andrew Fairlie restaurant at Gleneagles.

The scholarships were announced following a HIT Scotland panel of interviews with various shortlisted candidates. TLT extends congratulations to both winners and hope they enjoy their scholarship placements.

TLT to launch inaugural Brewer's Symposium

TLT is about to launch an exciting new event for brewers and other trade operators in Scotland, believed to be the first event of its kind ever in the country. The Brewer's Legal and Information Scottish Symposium (BLISS) will feature a range of keynote speakers including:

  • Paul Fallen - Fallen Brewery
  • Fiona MacEachern - Loch Lomond Brewery
  • Pete Cheema - CEO of SGF

The event will be held in a central location and is free to attend. Look out for the invitation in your inbox soon!

Gambling News

Gambling Commission clarify position on in-play betting

The Gambling Commission has moved to update its view on the legal status of in play betting. This practice of  placing of bets on an event which is in progress has become very popular in recent years.

The Commission has said: "We do not consider, at this time, that in-play betting represents a significant risk to the licensing objectives over and above any other type of gambling". They go on to say that operators should observe a number of points about best practice. This includes ensuring information deficits and connectivity speed advantages are explained to customers; and that licence holders will monitor patterns of in play betting to ensure any signs of risky behaviours are noted and responded to.

Crane machines and Skill Ball Bingo machines

Recently we have noted a few cases where local officers have queried the location of Skill Ball Bingo and crane machines particularly in shopping centre premises where the machine may be freely available on the concourse.

Crane machines are Category D gaming machines and can only be provided where there is a licence or permit from the local licensing board. Skill Ball Bingo machines, on the other hand, are a form of skills-with-prizes machine and not classed as a gaming machine. This means that they can be played by any person of any age and located anywhere without a licence or permit. Shopping centre operators should, always ensure that non-gambling machines are operated sensibly and react to any difficulties.

Out and about

August was back with a bang with local authority recess over and licensing hearings back to the fore. TLT appeared for clients at Glasgow Licensing Committee, North Lanarkshire Licensing Board, East Lothian Licensing Board, Glasgow Licensing Board, West Lothian Licensing Board, Edinburgh Licensing Board (twice) and South Lanarkshire (Hamilton) Licensing Board. In addition to this we also carried out a full SCPLH training day for clients in our Glasgow office and managed visits to three new brewery clients in various parts of Scotland.

Stephen and Niall also attended the Scottish Pub and Bar awards and were delighted to see various clients and friends win awards including the Pot Still (Whisky Bar of the Year) and Lisini Pub Co (Family Business of the Year).

Stephen has been asked to be a judge at the Scottish Wholesaler Awards and attended the first judges meeting at the Diageo headquarters at Edinburgh park.

Niall Hassard took part in the TLT football team, which came a close second at the Wylie & Bisset 5 a side fundraiser in Glasgow and also delivered bespoke training to one of our University Union clients.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2016. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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