Licensing

The new Licensing (Scotland) Act 2005

By 1st September 2009, all licensed establishment in Scotland, some 17,000, will have to change over to the new Licensing (Scotland) Act 2005 and the time frame is continuously shrinking.

There is a rolling transition process, you have to apply for your new licence in the same quarter you apply for your 3 yearly renewal, Click here to see the other time frames Timetable

When you apply you will require;

to know who is (will be) your Premises License Holder
who are your Personal Licence Holders
have written your Operational Plan
have copies of all planning approvals, Food Hygiene certificates, etc (unless applying like for like with old license)
plan of the premises, showing details of the activities listed in the Operational Plan

By the end of 2008, new licensing boards and local forums will be formed. They will then set about forming the local plan and conditions. Licensing standards officers will be appointed by April 2008. The local plan will be available from the Internet and you should study this before completing all of the operational plan.

We can provide unique insight into this process and help you produce your operating plan. We think you will be surprised at just how effective a marketing and business review process this will be.

Personal License Training

Every time alcohol is served whether into an open vessel or sold in a closed container (on-sales and off-sales) you are required to have a Personal Licence Holder on the staff payroll. In some cases just one such licensed person will be enough, like a small bar. In other cases you need one per shift, off-sales require this. Some places open after 1am and big super pubs may be required to have one per floor area but certainly one per shift. You also need this license to be the Premises Manager and a manager can only manage one establishment. So if you own more than one place you will need to train (and trust) another person to the required level.

You can achieve the new law's requirements, by way undertaking Servewise based training assessed by City & Guilds.

One caveat should be noted, Servewise Plus certification (the original course when applying for extensions etc) is not sufficient evidence. The law requires at least 10 hours of training and certification under a City & Guilds, 40 Multiple Choice Test examination. With this you then apply to the Board. You will need to undergo Disclosure Scotland vetting by the police and any criminal record is likely to loose you your licence.

This NEW training covers the application of the principles of the new act.

Do you know what the 5 principles are?

(a) the prevention of crime or disorder;
(b) the promotion of public safety;
(c) the prevention of public nuisance;
(d) the promotion of public health; and
(e) the protection of children from harm.

The course also covers the Law, Alcohol and its effects on the body and how drinking affects society. Finally we cover other associated laws, such as Sale of Goods and Menu Price Display Order.

Staff Training

The new law requires that all staff are trained within 3 months, of the new law starting or the staff starting work. You will need to account for this in the operational plan and be able to prove that training has taken place and is an on going process. By using an outside accredited agency you will be able to demonstrate this. You can of course use the premises's Personal Licence Holder to train them and we can help assist in the first instance and help setup systems and appropriate training.

Layout Plans

Operational plans (see next) require a set of scale drawings of the licensed establishment along with a layout plan to be submitted. We have carried out over 60 premises plans from filling stations, corner shops, take aways, ethnic grocers, destination hotels, small restaurants, large country mansions and typical hotels and pubs. There is nothing (so far) that we have not been able to do even within tight time frames.

Our next step will be to assist those that have no grandfather rights and require a license, a longer process but very very similar.

Operational Plan

There is a national standard form and the plans do not need to be at architect level, however the plans need to be accurate and legible and at 1:100 scale. Ex fire plans are not suitable but we can use these as a basis and produce new plans to the required level. The Operational Plan covers everything about your business operation; customer type, food provision, if children are allowed, staff training, age policy, opening hours, additional hours. Even when you MAY need to be open for a Wake or Wedding! Entertainment, music, gaming, - really everything.

Be careful if you change it from what you are now, you may fall within the scope of a new application (major difference) and then within the Over Provision rule. However this is a golden opportunity to adjust your operation. A restaurant might like to offer it's house wines for off sales. A pub no longer wishes to allow children etc.

Yes it is a huge task, and we can do a good proportion of the work for you but we can not replace your final aprroval or that of a solicitor.

Premises Manager

Every establishment must have a named person who carries the "buck stops here" sign.
This person must also be a Personal Licence Holder.
You can not be a Premises Manager for more than one establishment.
You can own more than one place, but each needs its own Premises Manager.

We can help train you or the nominated person to the required level and provide additional advice on an on-going basis.