Many licensed premises face being closed on September 1 when new licensing laws come into force under The Licensing (Scotland) Act 2005. Under the new law anyone involved in the sale of alcohol in pubs, clubs, hotels and off-sales must hold a new “personal licence”. Thousands of staff may miss meeting the deadline to comply with the Act. It is estimated that around half of licensed premises in Scotland have still not arranged the necessary training, examination and certification for their staff.
They have less than three months to go through the process of arranging the training, examinations and applying for the personal licences which includes a police check being carried out as to the individual's suitability to hold a personal licence.
Licensing Boards will have no option but to close premises which are found to be operating from September 1 without a personal licence holder. And they will remain closed until their appeal (if any) is heard by the Board.
The training involves a one-day course covering key aspects of responsibility, including dealing with drunkenness, preventing crime and disorder, rights of entry and advice on underage drinking. This is followed by a 40-question multiple-choice exam. Staff can then apply for their Scottish Certificate for Personal Licence Holders, which costs £50. Following a police check, the certificate is then issued by the Licensing Board.
There will of course be those premises which no longer require a licence because they have or are either closing or because the turnover does not justify applying for a new licence.
Disclaimer: the contents of this blog are not intended form the basis of legal advice. Independent legal advice should be taken from your own solicitor for all cases.
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