Police Probationer Training Programme PDF - Licensing - Premises

OFFICIAL Unit 7 Lesson 2.1...

OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Learning Aim: The learner will be able to explain the key legislation and operational procedures in relation to liquor licencing Learning Outcomes: Introduction On successful completion of the lesson, During this lesson we will introduce you to the students will be able to:- key aspects of Licensing, including procedures, legislation and carrying out 1. Define the terms “Licensing Board” and licensed premises inspections. “Alcohol” in terms of the Licensing The legislation which is pertinent to Licensing (Scotland) Act 2005. is the Licensing (Scotland) Act 2005. 2. Identify licensing objectives. 3. State the role of a Licensing Standards Officer. 4. Explain the key aspects of an inspection of licenced premises: Premises Licence Occasional Licence Personal Licence Operating Plan Premises Manager Core Licensing Hours. 5. Identify offences relevant to sale and removal of alcohol out with licensed hours. 6. Explain Occasional and General Extensions. 7. Define police powers of entry to licensed premises and private members clubs. 1 th Amended 6 March 2024 v.3 OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Definition of Terms Alcohol Alcohol is defined as:- Spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor but does not include alcohol which is of a strength of 0.5% or less, at the time of its sale. Licensing Board Alcohol may only be sold on premises that have been granted a license by the local Licensing Board. After each local authority election, the Licensing Board members will be elected by the local authority. Boards will comprise of no less than five and no more than ten members, as determined by the council. The Five Licensing Objectives The licensing objectives listed within the Licensing (Scotland) Act 2005 are guiding principles, which should be the underlying basis for any decisions made by licensing boards. The licensing objectives are as follows:- Preventing Crime and Disorder Securing Public Safety Preventing Public Nuisance Protecting and Improving Public Health Protecting Children and Young Persons from Harm The licensing objectives should not be perceived as being produced in any order of importance. 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises The Role of a Licensing Standards Officer Each Council must appoint one or more Licensing Standard Officers (LSO) for their area. The LSO has the following general functions:- Providing interested persons with information and guidance concerning the operation of the Act in the area. Supervising compliance of premises and occasional licence holders. Providing mediation services to avoid or resolve disputes or disagreements between licence holders and any other persons. A Licensing Standards Officer has the power to enter and inspect licensed premises and any substances, articles or documents found there that the LSO thinks necessary for the purposes of determining whether the activities being carried out are in accordance with the premises licence or the occasional licence. Any person working on the premises at the time must provide the LSO with the assistance, information and the documents they require and a person who intentionally obstructs a Licensing Standards Officer in the course of their duty commits an offence. Inspection of Licenced Premises - Key Aspects Premises Licence A Premises Licence in relation to any premises means a licence issued by a Licensing Board under the Act, authorising the sale of alcohol on the premises. Alcohol is not to be sold on any premises except under and in accordance with a Premises Licence, or an Occasional Licence, except where the sale of alcohol is on exempt premises or to trade. (Licence must be displayed at all times). A Police Constable or Licensing Standards Officer (LSO) may make requirement to view a premises licence or certified copy for inspection at any time. A Premises Licence should always be available for inspection by Police or Licensing Standards Officers (LSO's). Section 52 of the Act places a duty upon the Premises Licence holder to prominently display on the premises a certified copy of summary of the Premises Licence capable of being read by anyone frequenting the premises. 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Personal Licence Section 71 of the Act states that a Personal Licence in relation to an individual means a licence issued by the Licensing Board authorising them to supervise or authorise the sale of alcohol e.g. bar managers and/or supermarket managers. A Personal Licence is current for ten years. The applicant must carry out refresher training after five years. If they do not, the licence is revoked. The licensing departments will be able to clarify with a Licensing Authority if a refresher has been carried out. After ten years the applicant must apply to the local authority for a renewal. Anyone who is required to sell alcohol should undertake the minimum training. This should give knowledge of the ‘Challenge 25’ policies. The training should be carried out by a Personal Licence holder. The minimum training is two hours. All staff who have had training should have a record of this and this should be available for inspection at any time. The Act does not require a holder of a Personal Licence to be on the premises, at all times when alcohol is being sold on the premises however they must be on duty if the premise is open after 1am. If there are multiple licence holders for the premises then only one needs to be on duty after 1am. Whilst the Act requires every sale to be “authorised” by a Personal Licence holder, such authorisation can be a general one. This does not mean general authorisations being necessarily given by a person who is present on the premises when the relevant sale is made. This does not mean that where a Personal Licence holder is not present they are removed from all responsibility. For example, where a sale of alcohol to a child is made, then the bar person making the sale may be considered responsible under the Act. However, the Premises Manager or other Personal Licence holder may also be considered responsible whether or not present on the premises at the time. A Personal Licence is exclusive to an individual and is not linked to a specific Premises Licence and the holder can operate at numerous premises under the authority throughout Scotland. However if they are named as the Designated Premises Manager on a Premise Licence then they can only operate as a Designated Premise Manager for that premise. 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises A Personal Licence holder must produce their licence when asked to do so for examination by a Constable or a Licensing Standards Officer at any time when working on a licensed premises. A person who fails, without reasonable excuse, to comply commits an offence. The Operating Plan An operating plan in relation to any premises is a document containing:- A description of activities to be carried out in the premises. A statement of the times during which it is proposed that alcohol be sold on the premises. A statement as to whether the alcohol is to be sold for consumption on the premises, off the premises or both. A statement of the times at which any other activities in addition to the sale of alcohol are to be permitted in the premises. Information as to the proposed capacity of the premises Prescribed information about the individual who is to be the premises manager. A layout of the premises will be included and will show where alcohol should be displayed. Any alcohol displayed out with the plan is breaching the terms of their licence. Such other information in relation to the premises and the activities to be carried on there as may be prescribed. Where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including in particular:- The ages of children or young persons to be allowed entry. The times at which they are to be allowed entry. The parts of the premises to which they are to be allowed entry. 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Where alcohol is to be sold both for consumption on and off any premises, the operating plan for the premises may state different times for:- The sale of alcohol for consumption on the premises. The sale of alcohol for consumption off the premises. Premises Manager The “Designated Premises Manager” means the individual specified in the Premises Licence. An individual may not at any one time be the premises manager of more than one licensed premises. The named Premises Manager will be responsible for the day to day running of the premises, responsible for the training and supervising of the staff, and ensuring the premises is run in accordance with the requirements of the licence. The Premises Manager must also be the holder of a valid personal licence. The Act allows for a change of premises manager in relation to any premises. Licensed premises cannot operate without a premises manager. When a change in the Premises Manager occurs, the name of the new manager must be added to the Premises Licence. A person cannot be named as a manager unless they hold a valid Personal Licence. The licensing board must be advised that the previous manager has left within seven days of them doing so; and an application naming the new manager must be lodged within six weeks of that event. The application can indicate that this is to have immediate effect. Premises cannot sell alcohol without an approved premises manager in place. If the seven days period for informing the board that the manager has left is missed, or the six weeks period for informing the board of the appointment of a new manager is missed, the licensing board has the power to vary the licence to remove the named manager, the effect of which would be that all alcohol sales would have to cease until a new manager was named. 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Core Licensing Hours Licensed Hours - The periods of time specified in the operating plan and contained in the premises licence during which alcohol is to be sold on the premises. On-Sales Hours - Licensed hours applying to the sale of alcohol for consumption on the premises. Off-Sale Hours - Licensed hours applying to the sale of alcohol for consumption off the premises. No off sales are permitted before 10am or after 10pm. Activity 1 A1 You have been assigned to carry out a Licensed Premises visit at the Clansman Public House. Write down what information you would require to obtain during a visit. After you have written doen your initial information, split into pairs and using your notebook, obtain the information you require. 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Feedback 1 F1 Did you consider the following:- Name of Premises Name of Premises Manager Person in charge at time of visit (if different) Number of staff Number of patrons Age group of patrons Activities on premises (e.g. televised sport, live music, karaoke) Drinks promotions CCTV present/number of cameras and where situated Number of Security Staff Cleanliness of premises (empty glasses on tables etc.) Attitude of patrons/staff Any sign of drug misuse within the toilets or elsewhere Are fire doors clear? Is a summary of the premise licence on display Challenge 25? Ensure that Personal Licence and Training records are checked and are current 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Offences Relevant to Sale and Removal of Alcohol Outwith Licensed Hours Section 63 of the Act states a person commits an offence if, out with licensed hours, any person:- Sells or allows alcohol to be sold on licensed premises Allows alcohol to be consumed on licensed premises Allows alcohol to be taken from licensed premises. A person also commits an offence if, having been requested by a responsible person not to do so, consumes alcohol on, or takes alcohol from, licensed premises out with licensed hours. Exemptions are:- The alcohol consumed on licensed premises is consumed at any time within 15 minutes of the end of licensed hours. The alcohol taken from the licensed premises was sold during the licensed hours and the alcohol is not in an open container. The person consuming the alcohol or taking the alcohol from the premises resides on the premises or is a guest of a person who resides on the premises. The consumption on the premises, is with a meal within 30 minutes of the end of the licensed hours if the alcohol was sold during the licensed hours. The sale is to a person who is a trader for the purposes of the person’s trade. The sale is to a person for supply to or on any premises occupied by the Armed Forces. Statutory Defence It is a defence for a person charged with an offence of allowing alcohol to be consumed on or taken from any licensed premises out with licensed hours to prove:- That the accused, or an employee or agent of the accused, took all reasonable precautions and exercised all due diligence not to commit the offence, or 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises That there were no lawful and reasonably practicable means by which the accused could prevent the person consuming or taking the alcohol on or from the premises from so doing. Responsible person A Responsible Person means:- In the case of licensed premises in respect of which a premises licence has effect, the premises manager, In the case of licensed premises in respect of which an occasional licence has effect, the holder of the licence, In either case, any person who works on the premises in a capacity (whether paid or unpaid) which authorises the person to make the request as mentioned above. Extensions to Licensed Hours Occasional Extensions The holder of a Premises Licence may make application for an occasional extension beyond normal hours which enables the sale of alcohol for a special event or occasion or a special event of local or national significance. It may well be possible for applicants for premises licences to anticipate special occasions, which occur regularly each year, such as bank holidays and incorporate appropriate opening hours for these occasions in their operating plans. Where it is not and specific premises are asked to handle or wish to provide for an event at short notice, Licensing Boards are able to process such extensions to hours where there is no provision for the extended hours in the operating plan. The Chief Constable and Licensing Standards Officer must be notified by the Licensing Board of an application by the Premises Licence holder. Within 10 days of the receipt of the application, the Police may choose to object and the Licensing Standards Officer must submit a report to the Licensing Board. The Board will have complete discretion as to whether to grant the application taking into account any Police objections and Licensing Standards Officer comments and having regard to the licensing objectives. An extension of licensed hours has effect for such period as is specified in the application or such other period as the Board consider appropriate, but in either case the period must not exceed one month. If a Licensing Board receives continual requests for 10 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises applications consideration should be given to whether a Premises Licence should look to vary its operating plan. General Extensions Licensing Boards have the power to grant general extensions to licensed hours in connection with special events of local or national significance. This can apply to the whole of the Board’s area or only to specified parts. Occasional Licences Occasional Licences are subject to mandatory national licensing conditions. An example of where occasional licences might arise would be where a licensee wished to make provision for the sale of alcohol at a wedding reception or other social event held out with their licensed premises. Voluntary authorising the sale of alcohol at an event connected with the organisation’s activities. Occasional Licences may be granted in respect of Premise Licence covering members club. This means, for example that a members club which operates under the Premise Licence with the provision of alcohol normally only permitted to its members and their guests may during the period covered by an occasional licence, give control of the premise to the individual named on the occasional licence. The maximum duration of each Occasional Licence is 14 days. Mandatory Conditions and Late Opening Premises Conditions All Premises Licence’s issued under the Act will be subject to a range of mandatory licence conditions. Additionally, the licensing board can impose their own discretionary conditions to meet local needs. Mandatory Conditions Alcohol is sold only in accordance with operating plan Any activity carried on in the premises in accordance with the operating plan e.g. bingo, televised sport, conferences All staff involved in serving or dispensing must have under gone a period of "in-house training" including the ‘Challenge 25’ policies No variation of price at which alcohol is sold before expiry of 72 hours from the start of the variation. (If the alcohol price is temporarily changed it cannot be altered for 72 hours) No irresponsible drinks promotions e.g. 'two for one' 11 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Alcohol must not be sold on the premise at a price below its minimum price per unit as specified by Scottish ministers. Note:- The above list is not exhaustive. Late Opening Conditions If a premises has a capacity of at least 250 people and regularly provides between 1am and 5am:- Live or recorded music with a decibel level exceeding 85db Has either facilities for dancing or adult entertainment When fully occupied are likely to have more customers standing than seated Specific conditions as listed shall apply:- A Personal Licence Holder must be present on the premises from 1am A person trained in First Aid must be present Written policies in existence regarding evacuation CCTV installed and approved by the Chief Constable Toilets must be supervised Security Industry Authority Stewards present at all entrances from 1am Police Powers of Entry to Licensed Premises Section 138 of the Act provides the police with powers of entry in relation to:- Licensed Premises A Constable may at any time enter and inspect any licensed premises. Non-Licensed Premises A Constable may at any time enter and inspect any premises on which food or drink is sold for consumption on the premises if:- They have reasonable grounds for believing that alcohol is being sold on the premises in breach of Section 1(1) of the Act. 12 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises They have obtained written authority to do so from a Justice of the Peace or a Constable of or above the rank of Inspector. This is carried out within eight days from when such authority was obtained and at such times as specified in the authority. The term ‘inspect’ is not defined and would require to be proportionate and justifiable taking into account the purpose is to establish the illegal provision of alcohol, e.g. inspection of till receipts and search of counter and cupboard areas may be deemed appropriate. The areas proposed may be included within the initial written authority as a means of addressing any future legal or ECHR challenge. A person who intentionally obstructs a Constable exercising a power conferred by this section commits an offence. Private Members Clubs and Police Powers of Entry The following criteria and conditions apply:- The Club must be non-profit making Constitution must be maintained No person supplied with alcohol unless:- Member of club Person is in attendance at invitation of member and name, address of person and details of member entered in visitors book Member of any other club which falls within the description for the purposes of the regulations (e.g. student unions allowing other student union members) The police shall have unrestricted power of entry to registered clubs. 13 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Key Information - InnKeeper KI Any visit to Licensed Premises should be recorded in your notebook and an Innkeeper form (electronic database on police computer) submitted upon your return to your station. You should note the reason for your visit, who was in charge of the premises and any other relevant information regarding offences or the conduct of the person in charge and patrons. Your Innkeeper submission should be submitted prior to finishing your tour of duty. Activity 2 A2 What is the definition of alcohol as defined by the Licensing (Scotland) Act 2005? What are the 5 Licensing Objectives? 14 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Activity 2 Continued A2 List 5 things contained in an operating plan. What must a Premises Manager hold before being able to perform their role? Between what times are off-sales permitted? Section 63 Licensing (Scotland) Act 2005 creates an offence of selling alcohol outwith licensed hours. List 3 situations in which the sale of alcohol outwith licensed hours would not be an offence under this act. 15 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Activity 2 continued A2 Section 63 Licensing (Scotland) Act 2005 creates an offence of selling alcohol outwith licensed hours. List 3 situations in which the sale of alcohol outwith licensed hours would not be an offence under this act. List 3 mandatory conditions of a Premises Licence. Explain the circumstances in which a personal licence holder could commit an offence, even though they were not present at the time of the offence. When may a constable enter and inspect Licensed Premises? 16 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Feedback 2 F2 What is the definition of alcohol as defined by the Licensing (Scotland) Act 2005? Spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor but does not include alcohol which is of a strength of 0.5% or less, at the time of its sale. What are the 5 licensing objectives? Preventing Crime and Disorder Securing Public Safety Preventing Public Nuisance Protecting and Improving Public Health Protecting Children and Young Persons from Harm List 5 things contained in an operating plan. A description of activities to be carried on in the premises A statement of the times during which it is proposed that alcohol be sold on the premises A statement as to whether the alcohol is to be sold for consumption on the premises, off the premises or both A statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises Information as to the proposed capacity of the premises Prescribed information about the individual who is to be the premises manager A layout of the premises will be included and will show where alcohol should be displayed. Any alcohol displayed out with the plan is breaching the terms of their licence. Such other information in relation to the premises and the activities to be carried on there as may be prescribed. 17 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Feedback 2 continued F2 What must a premises manager hold before being able to perform their role? A Personal Licence Between what times are off-sales permitted? Between 10am – 10pm Section 63 Licensing (Scotland) Act 2005 creates an offence of selling alcohol outwith licensed hours. List 3 situations in which the sale of alcohol outwith licensed hours would not be an offence under this act. Exemptions are: The alcohol consumed on licensed premises is consumed at any time within 15 minutes of the end of licensed hours The alcohol taken from the licensed premises was sold during the licensed hours and the alcohol is not in an open container The person consuming the alcohol or taking the alcohol from the premises resides on the premises or is a guest of a person who resides on the premises The consumption on the premises is with a meal within 30 minutes of the end of the licensed hours if the alcohol was sold during the licensed hours. The sale is to a person who is a trader for the purposes of the person’s trade The sale is to a person for supply to or on any premises occupied by the Armed Forces. 18 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Feedback 2 continued F2 3 mandatory conditions of a Premises Licence: Displayed at all times Must be available to be inspected by a Licensing Standards officer (LSO) or Police Constable at any time. Alcohol is not to be sold on any premises except under and in accordance with a Premises licence or an Occasional Licence Explain the circumstances in which a personal licence holder could commit an offence, even though they were not present at the time of the offence. where a sale of alcohol to a child is made, then the bar person making the sale may be considered responsible under the Act. However, the Premises Manager or other Personal Licence holder may also be considered responsible (whether or not present on the premises at the time). When may a constable enter and inspect licensed premises? A Constable may at any time enter and inspect any licensed premises. 19 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises For further information, use the resources shown below:- Legal Database:- Criminal Law - Alcohol Licensing & Liquor Laws Review: You can define the terms “Licensing Board” and “alcohol” in terms of the Licensing (Scotland) Act 2005 You can identify licensing objectives You can state the role of a Licensing Standards Officer You can explain the key aspects of an inspection of licenced premises: Premises Licence Personal Licence Operating Plan Premises Manager Core Licensing Hours You can identify offences relevant to sale and removal of alcohol outwith licensed hours You can explain Occasional and General Extensions You can define police powers of entry to licensed premises and private members clubs 20 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 21 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.1 Licensing - Premises 22 General Police Duties OFFICIAL