Some thoughts on administration of licensing matters – one way ahead

I believe some of these proposals might assist the trade in these very challenging times.
They are not in place any where and they are merely suggestions as to a possible way ahead
Most licensing boards are already considering something like this it is up to you to contact your  licensing lawyer or your local board to find out how they will deal with applications which are already made and those made in the future.
1. Boards to grant non contentious in policy applications at “faux” meetings to ensure trade has a future and to cut costs – no need for appearance or written submissions
2. Boards to permit other applications to be  dealt with by written submissions or to set up video conferencing facilities or conference calls where possible or if required
3. Boards to grant where possible eg use s 135 “permits applications to be granted if accidental failure to comply occurred” [this is paraphrase section attached below]
4. Boards to recognise that refresher and renewal training may be able to take place on line but exams need to be taken in exam centres so likely many personal licence holders will lose licence [creating  even greater harm] unless this is dealt with sympathetically
5. Boards to deal swiftly with applications from on sales businesses seeking off sales consent by way of major variation to enable premises operators to deliver food and drink within community – I recognise this might be controversial but if conditioned that alcohol must only be sold with food that might assist decision making and require to have alcohol  delivery policy – one attached for info
6. Boards to deal with  transfers  to prevent premises licences being lost
Licensing (Scotland) Act 2005 section 135 – Power to relieve failure to comply with rules and other requirements
(1) A Licensing Board may relieve any applicant or other party to proceedings before the Board
of any failure to comply with any procedural provision if—
(a) the failure is due to mistake, oversight or other excusable cause, and
(b) the Board considers it appropriate in all the circumstance to relieve the failure.
(2) Where a Board exercises the power under subsection (1), the Board may make such order as
appears necessary or expedient to enable the proceedings to continue as if the failure had not
occurred.
(3) In subsection (1), “procedural provision” means—
(a) any requirement of regulations under—
(i) section 133(2),
(ii) section 134(1), or
(iii) paragraph 12(4) of schedule 1,
(b) any requirement of rules under paragraph 12(5) of that schedule, and
(c) any other requirement imposed by virtue of this Act as respects the procedure to be
followed in connection with applications made to, or other proceedings before, a Licensing
Board.
Suggested policy – this has been accepted by boards across the country
J

Revoked Personal Licence – you can now re-apply!

Revoked personal licence? The law has changed. You do not have to wait 5 years and can re-apply now.

This is what you need to do

1. Undertake and pass the full Scottish Certificate for Personal Licence Holders (SCPLH) – CONTACT ME FOR A COURSE DATE AND VENUE NEAR YOU.
2. Apply for a personal licence to the Licensing Board where you now live – this may not be the same as the one which previously issued your revoked personal licence if you have moved home to another area
3. Obtain two colour passport photos one of which should be endorsed by a person of standing in the community with the words “I certify that this is a true likeness of (name of applicant)”, followed by the full name of the person endorsing the photograph.
4. Enclose the SCPLH pass certificate or copy depending on what your local licensing board requires
5. Include your cheque in the sum of £50.00 for the licensing board fee
6. Note some licensing board’s require a copy of your passport or driver’s licence photograph before you can have the application processed – check in advance

Janet Hood Consulting – Janet Hood

E: janethood@me.com M: 07718882837 text or call O: 01356648966

not a firm of solicitors

Police Scotland – Update on requests for information

If you are applying for a new premises licence, a transfer of premises licence or variation of premises licence Police Scotland  may ask you to provide details of your bank accounts – both business and personal – they may  also ask for sight of any documentation relating to ownership, lease or other right to occupy the premises referred to in the application.

You do not have to provide that information except if you are compelled so to do by warrant. If the police have reason to suspect you of a crime they require to investigate in the normal manner and they cannot infer because you refuse to comply with this unreasonable request that you should not get a licence.

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Last chance corral

All personal licence holders whose licences expire on or before September 2019 MUST get their personal licence refresher training asap.

 

Email Janethood@me.com or check out the diary on the web site for course dates.