Applicants and licence holders have duties and obligations that they must comply with under the 2005 Licensing (Scotland) Act.
Premises licences
Applicant’s duty to notify licensing board of convictions
When an applicant is convicted of a relevant or foreign offence - during the period beginning when the premises licence application is made and ending with determination of the application – this must be disclosed to the licensing board receiving the application. This applies to:
- an applicant as an individual;
- where the applicant is not an individual nor a council, for example a limited company; or
- any connected person where the premises for which the licence are sought are used wholly, or mainly for the purposes of a club.
The applicant must inform the licensing board of the conviction, including the nature of the offence and date of the conviction, within one month of the date of the conviction.
Licence holder’s duty to notify licensing board of convictions
The above also applies to licence holders. The holder of a premises licence must notify the licensing board of the conviction, including the nature and date of the offence, within one month of the date of the conviction. The notice must be accompanied by the premises licence itself or, if that is not practicable, a statement of the reasons for the failure to produce the licence.
Duty to notify court of premises licence
When a person holds a premises licence and is charged with an offence – or when a person charged with an offence is granted a premises licence after their first appearance in court in connection with the offence but before conviction and sentencing or acquittal, or before disposal of an appeal in relation to the verdict – the court must be told about the premises licence.
The person must produce the premises licence to the court or, if that is not practicable, the person must tell the court the licence exists, which licensing board issued the licence and why the licence cannot be produced. The court should be informed of the above no later than the person’s first court appearance or, if proceedings have already commenced, no later than the next court appearance.
Duty to notify changes in relation to connected persons
The appropriate licensing board must be given notice by a premises licence holder that a person has become, or ceased to be, a connected person in relation to the licence holder. Notice must be given no later than one month after becoming or ceasing to be a connected person.
The notice must state the name and address of the person and the person’s date of birth if they are an individual. A person is a connected person if the person:
- in the case of a partnership, is a partner;
- in the case of a company is a director; or has control of the company.
Notification of change of name or address
The premises licence holder must notify the licensing board when there is a change to:
- the licence holder’s name or address;
- the name or address of the premises manager specified in the licence; or
- the name or address of any person who is a connected person in relation to the licence holder.
Notification must be given to the board no later than one month after any change and must be accompanied by the premises licence, or with a statement of the reasons as to why it was not practicable to produce the licence.
Dismissal, resignation, or death of a premises manager
When a premises manager resigns, dies or becomes incapable of acting as a premises manager for any reason – or where the personal licence of the premises manager is revoked or suspended – the licensing board must be notified. The premises licence holder must notify the board within seven days of any of these events.
A premises licence variation application must then be made within six weeks of these events in order to seek a variation of the premises licence for the premises so that another individual may be substituted as the premises manager. If no application is made within this timescale, the board will vary the premises licence so that it does not specify a premises manager. Alcohol cannot be sold if there is no premises manager.
Duty to keep, display and produce premises licence
The premises licence or a certified copy of it must be kept at the premises to which it relates and must be in the custody or under the control of the licence holder or the premises manager. The premises licence holder must prominently display the summary of the licence or a certified copy of the licence on the premises so it is capable of being read by anyone attending the premises.
The licence holder or premises manager will be required to produce the licence or a certified copy of same for inspection when called for by a constable or a licensing standards officer for the council area in which the premises is.
Duty to display notice
A notice must be displayed at all times at each place on the premises where sales of alcohol are made, and it must be in a position where it is readily visible to any person seeking to buy alcohol. Failure to do so would mean that in a licensed premises the premises licence holder and the premises manager would commit an offence. Failure to do so when a premises has an occasional license is an offence and in the case of any other relevant premises, the person managing the premises would be liable to a fine.
The notice must state: “It is an offence for a person under the age of 18 to buy or attempt to buy alcohol on these premises. It is also an offence for any other person to buy or attempt to buy alcohol on these premises for a person under the age of 18. Where there is doubt as to whether a person attempting to buy alcohol on these premises is aged 18 or over, alcohol will not be sold to the person except on production of evidence showing the person to be 18 or over.”
Personal licences
Applicant’s duty to notify licensing board of convictions
When an applicant is convicted of a relevant or foreign offence - during the period commencing with making a personal licence application and ending with determination of the application - this must be disclosed to the licensing board receiving the application.
The applicant must notify the licensing board of the conviction – including the nature of the offence and date of the conviction – within one month of the date of the conviction.
Personal licence holder’s duty to notify the licensing board of convictions
When the holder of a personal licence is convicted of a relevant or foreign offence the licensing board which issued the personal licence must be notified. Notice will also be required to be given to the licensing board for the area in which the licence holder is working if this is different from the board to issue the licence.
The holder of a personal licence must notify the licensing board of the conviction, including the nature of the offence and date of the conviction, within one month of the date of the conviction. The notice must be accompanied by the personal licence or, if that is not practicable, a statement of the reasons for the failure to produce the licence.
Duty to notify court of personal licence
When a person holds a personal licence and is charged with an offence – or where a person charged with an offence is granted a personal licence after their first appearance in court in connection with the offence but before conviction and sentencing or acquittal or before disposal of an appeal in relation to the verdict – the court must be told about the personal licence.
The person must produce the personal licence to the court or, if that is not practicable, the person must tell the court the licence exists; which licensing board issued the licence; and why the licence cannot be produced. The court should be informed of the above no later than the person’s first court appearance or, if proceedings have already commenced, no later than the next court appearance.
Notification of change of name or address
When there is a change in the licence holder’s name or address the personal licence holder must notify the licensing board of the change. Notification must be given to the board no later than one month after any change, and must be accompanied by the personal licence, or with a statement of the reasons as to why it was not practicable to produce the licence.
Notify theft, loss etc. of personal licences
A person who holds a void replacement personal licence must surrender it to the licensing board. For example, if an original licence is found or recovered, the replacement becomes void. Without a reasonable excuse, a person will commit an offence if they do not surrender the replacement.
Licence holder’s duty to produce a licence
When a personal licence holder is working at any licensed premises, that person may be required to produce their licence for examination on request of a constable or licensing standards officer. Not doing so is an offence unless there is a reasonable excuse.
Licence holder’s duty to undertake training
A personal licence holder must show the licensing board evidence of having complied with prescribed training. The evidence must be produced to the board no later than three months after the five-year anniversary of the licence having been issued to the holder, and every five years during which the licence has effect thereafter.
If the personal licence holder does not to do so, then the licensing board must revoke the licence.
Renewal of a personal licence
From the date a personal licence is issued, the licence will usually have effect for 10 years. The application must be made to the board that issued the licence. Any such application should be accompanied by the personal licence or a statement of the reasons for the failure to produce the licence if it is not practical to do so. The application can be made no later than 3 months before it is due to expire and it can be lodged as early as 12 months before it is due.
If found to be in breach of any of the above duties, the applicant or holder may commit an offence and incur a fine.
