legal updates
Friday, 11 Apr 2008
the new alcohol licences will affect your business more than you think...
The Licensing (Scotland) Act 2005 makes sweeping changes to the rules for the sale of alcohol in premises.
The present system of licences will shortly be replaced with two new licences: a personal licence and a premises licence. Each establishment is required to have a premises manager who holds a personal licence - a personal licence will not be granted until the individual obtains a licensing qualification. An individual cannot be the designated ‘premises manager’ for more than one premises. This will result in licensing boards having more control over the way in which alcohol is sold.
Current licences are automatically extended to run until 1 September 2009. After this date, those licences will simply terminate. With this in mind, licence holders should ensure that they have taken the necessary steps to transfer their licences in time. The Act gives a set of dates by which licences must be renewed - these dates have already started to fall due. The changeover rules are far from straightforward and, consequently, all present licence holders should check if they need to do anything right now.
Despite initially generating more work, one of the aims of these changes is to ease the administrative burden on licence holders. For example, under the current system up to seven separate applications are needed for licensed opening hours and child access. Under the new system, those can all be dealt with within the premises licence application process.
It is also envisaged that the Act will give licensing boards extra powers to police licensed premises and tackle problems of alcohol abuse.
Failure to meet the requirements of the new licensing rules will result in extra costs and an increased workload. It is, therefore, essential for those involved in the sale or supply of alcohol, or anyone intending to do so, that they are aware of the new rules well in advance of 1 September 2009.
If you need any further information or advice on this issue, please contact Rosalynd Rennie.