Scottish licensing law reform: premises and personal

The Licensing (Scotland) Act 2005 (the "Act") will come into force on 1 September 2009. The Act represents a major overhaul of Scottish licensing, and is designed to simplify the system, replacing the current requirement for seven different licences with a requirement for two - premises and personal.

The main requirements of the Act are as follows:

Establishments will not be able to sell alcohol after 31 August 2009 unless

(a) The premises licence or certified copy is on the premises;

(b) The summary of the premises licence is on prominent display on the premises; and

(c) The premises licence has the name of the Designated Premises Manager on it.

The criteria for becoming a Designated Premises Manager are strict. Not only must you pass the relevant 2005 Act training and have the training certificate granted, but you must also apply to the licensing board where you reside for a personal licence. Only once the personal licence is received can you apply to be a Designated Premises Manager.

In response to concerns raised about the length of time it takes to receive a personal licence, Justice Secretary Kenny McAskill announced yesterday that anyone who has undergone the necessary training and applied for their personal licence by the end of August will be entitled to keep trading after 1 September, notwithstanding the fact that they have not yet received their personal licence. To take advantage of these new provisions, the premises licence holder must have nominated who will be the Designated Premises Manager on or before 31 August, and the nominated Designated Premises Manager must have submitted an application for a personal licence together with evidence of a relevant licensing qualification to a Licensing Board on or before 31 August.

Once granted, premises licences will remain in effect until the occurrence of certain events, such as the licence being surrendered or revoked under any provision of the Act, or the licensed premises ceasing to be used for the sale of alcohol. A personal licence will last for 10 years and must then be re-applied for. Finally, it should be noted that all staff who sell alcohol or serve it for consumption on the premises (not just the Designated Premises Manager) must be fully trained in terms of the Act, or they will not be permitted to continue to serve alcohol.

Further information

To see the Act, click here.

For the Scottish Government’s Licensing Briefing Pack, click here.