SCPLH Licensing 6th ED

Scottish Certificate for Personal Licence Holders (SCPLH)
Scottish Certificate for Personal Licence Holders (Refresher)
Licensing
Course Book
(Scotland)
Nicola Baylis & Janet Hood
Published by
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Licensing
Course Book
(Scotland)
Nicola Baylis and Janet Hood
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ISBN 978-1-912633-61-6
6th Edition December 2020
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Licensing Course Book (SCPLH)
Contents
Introduction Chapter 4: Premises licences - part 1
Meet the authors 4 an introduction
How to use the Licensing Course Book 5 The purpose of a premises licence 19
Icons used in this course book 5 The contents of a premises licence 19
Who can apply for a premises licence? 19
Chapter 1: Introduction to licensing law The purpose and contents of the
Reasons for and importance of the operating plan 19
Licensing (Scotland) Act 2005 6 The operating plan - important points 19
Aims of the Act and framework 6 The purpose and contents of the
The meaning of ‘Alcohol’ 6 layout plan 21
The 5 licensing objectives 6 Types of variation application 21
The sale of alcohol 8 Occasional licence 22
Broad understanding of the Act 8 Legal duties and responsibilities
of a premises licence holder 22
Chapter 2: Key roles in licensing Change of premises manager 23
Roles and purposes of the licensing Role and legal duties of a premises
boards 9 manager 23
Functions and roles of Licensing Understanding risk assessment 24
Standards Officers (LSOs) 10 Best practice policies 25
Roles and powers of other
statutory bodies 11 Chapter 5: Premises licences part 2 -
conditions and licensed hours
Chapter 3: Personal licence Mandatory and local conditions 26
Background 13 Late opening and other premises 27
What a personal licence is and Local conditions 27
what it permits the holder to do 13 Alcohol pricing and promotions 28
Applying for a personal licence 13 Operating conditions of members’ clubs 29
Applicant’s duty 14 Licensed hours 29
Lifespan of a personal licence 16 Extensions to licensed hours 30
Renewing a personal licence 16
Duty to complete refresher training 16 Chapter 6: Control of order
Duties of a personal licence holder 17 Drunkenness and disorderly
What if my licence is lost or stolen? 17 conduct on licensed premises 31
Grounds for the review of a personal Premises licence review 32
licence 18 Knowledge of interactions
Conduct inconsistent with the and interventions from police 32
licensing objectives 18 Police powers of entry and inspection 33
Endorsements 18 Closure orders 33
2 Licensing Course Book (SCPLH)

Contents
Chapter 7: Training Chapter 10: Associated law
Personal licence holder training Risks relevant to associated law 49
and qualification 34 Weights and Measures Act 1985 49
Staff training 34 Consumer Protection from Unfair 49
Statutory record-keeping 35 Trading Regulations 2008
Private Security Industry Act 2001 50
Chapter 8: Protecting children and young Smoking, Health and Social Care
persons from harm (Scotland) Act 2005 51
Duties and responsibilities to protect Gambling Act 2005 52
children and young persons 36 Equality Act 2010 52
Understanding the law relating The Music Licence for business 52
to under 18s and alcohol 36
Types of offences and how to Appendices
prevent them 37 Appendix 1 - Useful websites
Preventing underage sales 38 for further information 53
Requirements for an age Appendix 2 - Licensing staff
verification policy 38 training record 54
Duty to determine age 39 Appendix 3 - A glossary of terms
Acceptable proof-of-age documents 40 to help you during your study 55
Age verification process 40
How to check proof-of-age documents 41
Proof-of-age schemes 41
Refusing a sale 41
Test purchasing 41
Chapter 9: Responsible alcohol retailing

Units and strength of alcoholic
drinks 42
British Standard units of alcohol 43
Signs and symptoms of intoxication 44
Illegal drugs on licensed premises 46
Causes of and managing conflict 48
Security procedures and policies 48
Licensing Course Book (SCPLH) 3

Introduction
This book has been specifically designed as Use of a relevant handbook for these
an essential learning resource for candidates qualifications is a mandatory requirement.
undertaking the following accredited Each chapter covers the topics contained
licensing qualifications launched on in the framework for the qualifications and
1st December 2020: is applicable to both on and off-licence
• Scottish Certificate for Personal Licence operations.
Holders (SCPLH)
• Scottish Certificate for Personal Licence
Holders (Refresher)
Meet the authors
Nicola Baylis Janet Hood

How to use the Licensing Course Book

Prior to your training course, take time
to read through each chapter as this will Icons used in this course book
prepare you for the course and give you a
better chance of achieving the qualification. Make a note...
The amount of time you spend on pre- An opportunity to apply your knowledge by noting
reading and study will depend on which details specific to your premises.
qualification you are undertaking, as well
as your own individual learning needs.
Definition
The following is a guide:
The meaning of words or phrases in the context of
• SCPLH – up to 4 hours licensing. Other definitions are in the glossary at the
• SCPLH (Refresher) – up to 7 hours back of this book.
Legal point
Important To draw attention to aspects of the law that may
The Licensing Course Book is both be vital to your role as a personal licence holder.
accessible and comprehensive as
a learning resource. However, it
is not intended to be a definitive Good practice
guide to the Licensing (Scotland) Suggestions of some good and best practices
Act 2005 or other legislation or that licensed premises can implement.
regulations.
Always seek expert advice from
Web watch
your solicitor before taking any
action regarding licensing. Use the web addresses provided to find out more
information.
Good luck with your learning!

Chapter 1: Introduction to licensing law
This chapter presents the background to licensing law and an overview of the licensing
function.
Reasons for and importance of the The strength of an alcoholic drink is

Licensing (Scotland) Act 2005 measured by the percentage of pure alcohol
The Act controls how, where and when by volume (abv) it contains. The higher the
alcohol is sold and consumed in Scotland percentage abv, the stronger the drink.
by regulating licensed premises and other
places where alcohol is sold. The 5 licensing objectives
All places that sell or serve alcohol, either The 5 licensing objectives are the
permanently or for specific events, must fundamental principles upon which
be licensed. This includes public houses, the licensing system is based.
nightclubs, off-licences, supermarkets,
restaurants, hotels, members’ clubs and
charitable organisations. These are:
The sale of alcohol is licensed because preventing crime and disorder
alcohol is an addictive, toxic substance
that can cause a range of health and social securing public safety
harms, not just to the drinker but to others
who may be directly or indirectly affected. preventing public nuisance
Aims of the Act and framework protecting and improving

public health
Web watch The Act aims to:
To download the • protect people from crime and disorder protecting children and
Framework go to: associated with the over-consumption young persons from harm
of alcohol
www.gov.scot/
publications/ • protect the rights of those who drink
in a responsible and sensible way They are all equally important and carry the
alcohol-framework-
same weight.
2018-preventing- • allow monitoring of licensed premises
harm-next- and provide strong enforcement powers Their purpose is to provide a framework for
strategies to reduce alcohol-related harm
steps-changing-
relationship-alcohol/
• support alcohol retailers who trade and promote responsible alcohol retailing.
in a responsible way
The licensing objectives must be actively
To help tackle the harm caused by alcohol,
promoted by all those involved in alcohol
Scotland’s Alcohol Framework 2018:
sales and licensing.
Preventing Harm includes a range of
measures within 3 main themes: • Licensing boards - must promote the
licensing objectives when producing
• reducing consumption the statement of licensing policy and
• positive attitudes, positive choices when carrying out their duties
Legal point • supporting families and communities • Licensing standards officers (LSOs)
Products with an - provide information and guidance
abv of 0.5% or less to licensed premises and may take
The meaning of ‘Alcohol’
are not included in action where premises operate contrary
the legal meaning of According to the law, ‘alcohol’ includes to the licensing objectives
alcohol, so no licence products such as spirits, wine, beer, cider or
any other fermented, distilled or spirituous
• Licence holders - must implement
is needed for their good working practices to promote
sale. liquor (including Angostura bitters) with an
the licensing objectives and ensure all
alcoholic strength of over 0.5% alcohol by
staff are appropriately and regularly
volume (abv).
trained and supervised
It does not include any product with an abv
of 0.5% or less, perfume, certain flavourings
• Staff employed on licensed premises
- must be aware of their responsibility to
or essence, alcohol in a medicinal product
prevent disorder and underage sales, and
or denatured alcohol, methyl alcohol,
implement policies and procedures that
naptha or alcohol contained in liqueur
promote the licensing objectives
confectionery.

The following table provides examples of the factors premises operators need to consider and the measures
that may be taken to promote the licensing objectives:
Licensing objective Factors to consider Measures

Preventing crime Drunkenness Staff training and supervision
and disorder Violent behaviour Effective CCTV, security lighting and alarms
Antisocial behaviour Door stewards
Illegal drug use Admissions and refusals policies
Theft and vandalism Alternatives to glass and bottles
Search policies
Supervising toilet areas
Security tagging
Lockable shutters
Securing public Occupancy levels Crowd management and dispersal policies
safety Fire safety Fire equipment testing
Evacuation procedures
Duty of care/safe home policies
Door supervision/stewarding
Monitoring customers and staff
Preventing public Noise from music, singing, Noise management policies
nuisance voices, vehicles, deliveries Closing doors and windows
and machinery
Noise monitoring log
External lighting
Free telephone for taxis
Litter and waste
Collection of street litter from the outside premises
(cigarette butts)
Protecting and No irresponsible alcohol Availability of alcohol-free, low-alcohol soft drinks

improving public promotions and hot beverages
health Encouraging sensible alcohol Procedures for dealing with drunkenness
consumption Duty of care and vulnerability policies
You must comply with current Carry out a coronavirus risk assessment/Keep up to date
Coronavirus law, and guidance with changes and implement procedures and systems
according to advice and guidance
Protecting children Preventing underage Policy on protection of children and young persons
and young persons alcohol sales Strict challenge 25 policy
from harm Preventing consumption Refusals log
by under 18s
Staff training on age-restricted sales
Access to premises by under 18s
Implementing restricted access policy (times and locations)
Access to adult entertainment by under 18s
and gaming
Display age-appropriate posters
Challenge under 25 policy
Monitoring consumption by adults in charge of under 18s

The sale of alcohol The Licensing (Scotland) Act 2005 is
Where the sale of alcohol takes place, a concerned with the sale of alcohol for
premises or occasional licence is required. consumption off the premises (off-sales),
on the premises (on sales) or both on and
Less obvious situations that must be treated off-sales.
Definition in the same way as the sale of alcohol
include: One or more of the following licences must
Sale of alcohol be obtained before alcohol can be sold:
a) When alcohol is included in a package
An exchange of money deal with food or accommodation, such as:
or barter for alcohol.
i. a bottle of wine as part of a meal offer
When alcohol is
included in the price ii. a bottle of champagne for wedding
of goods or services. suite guests
Alcohol included in these deals needs
to be defined.
b) When alcohol is ‘supplied’ to members
at a members’ club
c) When alcohol is ‘supplied’ at events in
return for an entry fee, donation or other
payment
Legal point
An unlicensed sale: Broad understanding of the Act
An unlicensed sale Those who manage the sale of alcohol on
is where alcohol
is sold without an
licensed premises need a good knowledge
of how licensing law applies to them and
• Personal licence
appropriate licence. the premises manager must hold a personal Granted to individuals, allowing them to
Non-compliance with licence. supervise or authorise the sale of alcohol
licence conditions on licensed premises. A personal licence
Regular changes have been made to the
may result in an holder must be appointed as the premises
Act that impact the personal licence holder,
unlicensed sale of manager on a premises licence.
including:
• Alcohol etc. (Scotland) Act 2010 • Premises licence
alcohol taking place.
An unlicensed sale introduced further mandatory conditions Granted to allow the permanent sale
is a serious offence, including the need for an age verification of alcohol to take place in premises.
which may lead to a
fine of up to £20,000
policy • Occasional licence
and/or 6 months in • Criminal Justice and Licensing Granted to cover sales of alcohol
prison. (Scotland) Act 2010 made modifications on premises not otherwise covered
to the Licensing (Scotland) Act by a premises licence for a maximum
• The Air Weapons and Licensing of 14 days. These applications are usually
(Scotland) Act 2015 Extended the used for events but can be used to fill in
power of LSOs and implemented the fit a gap between application and grant of a
and proper person test for licence premises licence.
applications, renewals, transfers and Further aspects of the law governing these
reviews, etc. licences are covered in subsequent chapters
It is essential that personal licence holders 2, 3, 4 and 5.
keep themselves up to date with all changes
to licensing legislation.

Chapter 2: Key roles in licensing
This chapter explains the roles of those involved in the administration and enforcement
of the licensing system.
Roles and purposes of the licensing Applications for new premises licences and
boards variations will be refused if granting them
There are 32 licensing boards in Scotland. will lead to overprovision.
The boards (made up of elected councillors) The assessment of overprovision does not
make decisions on licence applications, include members’ club premises nor the
Definition
regulate standards and set out licensing number of occasional licences granted in
policies in their areas. their area. Relevant licensing
board – premises
Licence applications must be made to the
licence
relevant licensing board, who will: Annual report
The licensing board
• determine applications for premises Boards must produce and publish an annual where premises are
licences, variations and transfers report explaining their approach to the situated.
• process personal licence applications, licensing objectives and licensing policy
refresher notifications and renewals throughout the year, including a summary
of the decisions made and number of Relevant licensing
Boards have a number of other important
licences held. board – personal
roles within the licensing system which are
licence
explained below:
Where the person
Hearings
lived at the time of
Licensing policy The board will hold hearings to consider their first application
Boards must publish a ‘statement of new licence applications, major variations, and will continue
licensing policy’ every 5 years before the review applications, applications subject to be the relevant
beginning of each licensing policy period. to objections or representations and other licensing board
matters such as approving policies. even if they move to
The policy must show how the board another area.
intends to operate and promote the 5 At a hearing, they may grant or refuse
licensing objectives. applications, revoke, suspend or vary the
conditions of a premises licence or issue
When developing a policy, boards must: a written warning to a premises licence
• consider the views of consultees, holder. The board can endorse a personal
including representatives of personal licence if necessary or expedient for the
and premises licence holders and the local licensing objectives.
licensing forum
• take into account guidance issued Local conditions
Make a note…
by the Scottish government Make a note of the
Boards may vary local conditions affecting
• consider the views of health boards all licensed premises in an area, particular
name of the licensing
board for the area in
licensed premises or premises of a certain which you:
type or in a particular location. They must
Assessment of overprovision
publish details of the proposed variation
Boards must include in their policy an and give notice to premises licence holders. a. live
assessment of whether there are too many
licensed premises or particular types of
licensed premises in their area. Closure orders
When assessing overprovision, boards will A board may make a closure order following
consult with the chief constable, health an application by a police officer of the rank b. work
boards, premises licence holders and local of inspector or above if the closure of a
residents. The board may seek responses premises is in the interests of public safety.
from the public by publishing details on (see page 31 for further details).
their website.
These may be the
same or different.

Functions and roles of Licensing If a breach of a licence condition is
Standards Officers (LSOs) identified, an LSO may issue a notice to the
An LSO (and the police) may enter premises premises licence holder stating the action
where an application for a licence has been required to remedy the problem. If this
made to assess the possible effects of the notice is not complied with, the LSO may
application on the licensing objectives. apply for a review of the premises licence.
Legal point
It is important for licence holders to develop
Influencing members
positive working relationships with their
of the licensing board
local LSOs.
It is an offence for LSOs have 4 main roles, these are:
Licence holders and staff working on the
anyone making a
Giving advice and guidance premises have a legal duty to provide
licence application to
assistance by answering questions,
attempt to influence An LSO will provide information providing information and producing
a board member and guidance (not legal documents when requested. An LSO may
in support of their advice) to interested parties on remove articles and documents from the
application, including licensing matters and may offer premises but a receipt must be given.
an application for a advice on ways to prevent or
review of a premises resolve problems. If necessary, a police officer or an LSO may
or personal licence. use reasonable force to gain entry
to licensed premises.
Providing information If in any doubt, it is best to consult the
Obstructing an LSO
LSOs have a duty to provide premises manager or a licensing solicitor.
It is an offence to information to licensing
obstruct the work boards about personal licence
of an LSO. applicants and personal licence
They have the power holders whose conduct is
to enter licensed inconsistent with the licensing
premises at any objectives. They can report a
time to carry out an personal licence holder whose Make a note…
inspection of the behaviour is inconsistent with
the licensing objectives to the What is the procedure you must
premises and any
licensing board. follow during and following a
substances, articles
visit by police or an LSO?
and documents.
Mediation
An LSO will mediate and help
to avoid and resolve potential
disputes that may arise, for
example, between licence
holders and neighbours.
Make a note of the name and
Ensuring compliance contact details of the LSO for
your premises.
LSOs have powers of entry to
inspect licensed premises and
to check the activities taking
place are in accordance with
the premises or occasional
licence.

Roles and powers of other statutory
bodies
LSOs work with police and other statutory
bodies to enforce licensing law.
It is important for licence holders to Definition
develop good working relationships with
Power of entry
all statutory bodies and to understand
the benefits of cooperation and joint It is a statutory right
inspections. for some officials to
legally enter premises
for specific purposes.
The following table shows other statutory bodies involved in licensing and provides a brief overview of their
powers to enter and inspect premises.
Statutory body Roles and powers

Police Police are consultees and may object or comment on licence applications.
• Enforcement of the law
• Entry at any time for inspections
• Entry to intervene in incidents
• Prevention of disorder
• Liaison with LSOs and licence holders
Trading Standards Ensure compliance with and investigate breaches of consumer law.
• Request information
• Observe the business
• Enter (with or without 2 days’ written notice)
• Enter with a warrant
Environmental To improve, protect and maintain public health. Entry at any reasonable time to check:
Health • food safety and food standards
• occupational health
• public health
• waste
• pollution
• noise
Fire service Must be notified of new premises licence applications.
• Ensure compliance with fire regulations
• Power to enter for inspection and enforcement
• Request information, documents and records
• Serve prohibition, enforcement and alteration notices
HMRC enforcement Investigate alcohol or tobacco duty fraud.
(customs and
excise)
•
Entry and inspection of business premises
•
Inspection of excise goods
• Removal of goods
Immigration Ensure compliance with Immigration law and investigate immigration offences.
• Prevent illegal working

Some statutory bodies may make joint
inspection visits. These visits are intended to
save time and avoid repetitive questioning
and unnecessary disruption for the
premises.
Make a note… Having a compliance folder available for
Make a note of the procedure you must follow when a statutory inspection visits may help save time and will
inspection takes place on your premises. demonstrate how the licensing objectives
are being promoted. This may include
records such as:
• refusals logs
• age verification policies
• signed authorisations to sell alcohol
• incident reports
• security policies
• copy of the premises licence
• copy of personal licences held by staff
An example of a refusals log • statutory staff training record/certificates
for other staff

Chapter 3: Personal licences
This chapter explains the purpose of a personal licence, how to apply for and renew
a personal licence and the legal duties of personal licence holders.
Background Where to apply

It is a mandatory condition that every N.B Topics under Applying for a personal
licensed premises (except members’ clubs licence, Lifespan of a personal licence
and premises subject to an occasional and ‘Renewing a personal licence’ is for
licence) has a premises manager appointed information only and is not assessed.
who must hold a personal licence. Legal point
You must apply to the licensing board
A personal licence holder can only be where you live (not where you work). If you Sales of alcohol:
the premises manager for one premises live outside of Scotland, you can apply to • every sale of
but there can be more than one personal any board. alcohol must be
licence holder working at the premises. supervised or
authorised by
How to apply
a personal licence
What a personal licence is and what it The licensing board that grants your holder, except in
permits the holder to do personal licence will be your relevant board, members’ clubs
A personal licence is a licence granted to even if you move to another area.
• sales must be made
an individual that allows the holder to sell When applying for a personal licence, you in accordance
alcohol and: will need the following documents: with a valid
• supervise the sale of alcohol • a completed and signed personal licence premises licence
in accordance with a valid premises application form or occasional
or occasional licence licence and within
• authorise such sales, either specifically • a copy of your Scottish Certificate for
the licensed hours
Personal Licence Holders (SCPLH)
or generally stated in the
• carry out 2 hours of mandatory staff • two passport-style photographs, one premises operating
must be endorsed on the back with plan
training the words ‘I certify that this is a
A general authorisation to sell alcohol may true likeness of (your name), followed
need to be made in writing, signed by both by the full name of the person endorsing
parties and the record made available for the photograph who must be a person of
inspection by the licensing standards officer standing in the community
(LSO).
• the appropriate fee - currently £50
If an illegal sale takes place, the personal
licence holder authorising the sale may be
accountable. Next steps Good practice
Once the board receives your application, Authorising sales
they must send a copy to the chief
Applying for a personal licence Check what form of
constable and LSO.
authorisation your LSO
Who can apply The chief constable will provide a notice expects to see.
A personal licence application can be made stating whether or not there are relevant or
by a person who: foreign convictions on your record. In any
case, the chief constable can recommend
• is at least 18 years old your application is refused if they believe it
• holds an accredited licensing is necessary for the purposes of any of the 5
qualification: the Scottish Certificate licensing objectives.
for Personal Licence Holders (SCPLH) The chief constable and LSO’s can also
• has not had a personal licence revoked provide the board with any information
within the past 5 years relevant to your application.
•
does not already hold another personal
licence

Figure 1: Illustrates the application and notification process.
Application to the
Licensing Board
Chief constable within 21 days:
• must issue a notice regarding whether or not relevant
or foreign convictions have been identified
• may provide relevant information on the application
• may recommend it is refused on the grounds of any or all
of the licensing objectives
Licensing Board must:
• notify and give a copy to the
chief constable
LSO within 21 days
• notify and give a copy of
application to LSO • may provide relevant information on the application
The board must grant your application if

you satisfy all eligibility criteria, unless the
chief constable recommends refusal on the
basis of:
• any relevant or foreign convictions
• for the purposes of any or all of the
licensing objectives
• you are not a fit and proper person
to hold a personal licence
If refusal is recommended, the board must
hold a hearing to decide whether or not to
grant your application. The board may hold
a hearing to decide whether to grant or
refuse your application if:
• relevant or foreign convictions are
identified on your record but the chief
constable has not recommended refusal,
or
• an LSO has provided information relevant
to your application.
Applicant’s duty
If during the application process, you are
convicted of a relevant or foreign offence,
you must inform the board no later than 1
month after the date of the conviction. The
chief constable will be notified and may
recommend your application is refused. The
board will take this into consideration when
deciding whether to grant or refuse your
application.

Figure 2 shows the process by which a personal licence application is determined (simplified for learning purposes).
Yes Are all eligibility criteria met? No
Does the chief constable

No Yes
recommend refusal?
Are there relevant or foreign convictions?

or Yes Hold a hearing
Has the LSO provided information relevant to the application?
Is the applicant a fit and proper Is refusal necessary for the purposes
No No of the licensing objectives?
person to hold a licence?
Yes Yes
No
Application Application
GRANTED REFUSED
Definition
Relevant offence
Offences defined in The Licensing (Relevant Offences) (Scotland) Regulations 2007, including:
• violent or sexual offences
• any licensing offences
• offences involving firearms
• offences involving dishonesty such as theft, robbery, deception, forgery or evasion of excise duty
• offences involving the production or supply of drugs
• health and safety offences
• certain trading standards and food hygiene offences
• drink-driving offences or driving whilst under the influence of drink or drugs
Foreign offence
An offence committed outside Scotland, which is similar to a relevant offence.

Lifespan of a personal licence Renewal is similar to a new application
Your personal licence will be granted for process and may be refused if, at a hearing,
a period of 10 years with the possibility of refusal is necessary for the purpose of the
renewal for further periods of 10 years. It has licensing objectives or you are not a fit and
to be refreshed every 5 years. proper person to hold a personal licence.
Good practice You must:
Refresher training • include your existing personal licence,
certificate but if this is not possible, you must
Advise the board as explain why and produce a police
soon as you receive lost property report reference
your SCPLH refresher •
pass the SCPLH refresher course
certificate. assessment
• make an application for renewal to the
Application licensing board that issued the licence
for renewal
Make the renewal Duty to complete refresher training
application as soon All personal licence holders must undertake
as you receive your mandatory refresher training within the first
SCPLH certificate. 5 years of holding a licence and 5 years after
each renewal. At this point, you will need
Keeping your to complete and pass an accredited SCPLH
personal licence refresher course.
on the premises The licensing board will issue a reminder no
All original personal Renewing a personal licence later than 3 months prior to the expiry of 5
licences must be kept years from the date your licence was issued.
Your personal licence can be renewed for
on-site in a safe place another 10 years by submitting a renewal You must provide evidence to the board of
such as an office or application to the board. An application having completed the course no later than 3
safe. Keep a copy of must be made within a 9-month renewal months after the end of the 5-year period.
each personal licence window, starting 12 months before the If you don’t comply with the requirement for
in the compliance expiry date on your licence. refresher training or fail to send evidence to
folder. the board in time, your personal licence will
For example, if your personal licence is
granted on 1 September 2020, it will expire be revoked.
on 31 August 2030, therefore you can apply If this happens, you will be able to apply for
for renewal anytime between 1 September another personal licence but will need to do
2029 and 31 May 2030. the full SCPLH qualification again and pay
the full fee.

Duties of a personal licence holder Other duties
All personal licence holders have 3 main A personal licence holder charged with a
duties. relevant offence must produce their licence
to the court dealing with the case. If this is
not practicable, they must inform the court
Duty 1 that they hold a personal licence.
To inform the licensing board of a change A personal licence holder convicted of a
of name or address within 1 month of the relevant or foreign offence must inform the
change relevant licensing board and the board for
the area where they work (if different), no
Action required later than 1 month following conviction or
sentence, of:
Make sure you let the board
know in time, otherwise, you are • details of the offence
in breach of your licence and
have committed an offence.
• date of the court hearing
• court at which the matter was determined
• penalty
Duty 2
Personal licence holders must comply with
When working at licensed premises, their legal duties or face prosecution, fines
to produce your personal licence when and the review of their licence.
requested by a police constable or licensing
standards officer
What if my licence is lost or stolen?
Action required If a personal licence is lost or stolen, the
holder must report it to the police, notify
Always have your personal
the relevant licensing board and apply for a
licence available at your
replacement. Some boards charge a fee for
workplace as you may need to
replacements.
show it when you are at work.
Other personal licence holders
must do the same.
Duty 3
To notify the relevant licensing board and
the board for the area where you’ work
(if different) of any convictions for relevant
or foreign offences
Action required
Let the board (or boards) know
of your conviction along with
details of the offence, date and
location of the court hearing
and the penalty imposed no later
than 1 month after conviction or
sentence.’

Grounds for the review of a personal
licence
Following the conviction of a personal
licence holder, the board may hold a
hearing to decide which of the following
Definition actions to take:
Fit and proper person • revoke the licence
The fit and proper test means boards must consider whether • suspend the licence for up to 6 months
personal licence applicants are fit and proper persons in relation to
the licensing objectives. The same test is applied to applicants for
• endorse the licence
premises licences and transfers and at reviews. Boards have the power
to revoke a licence following a review if the holder is unfit. Conduct inconsistent with the licensing
objectives
Where evidence is provided by the chief
constable or other licensing board that a
personal licence holder has acted against
the licensing objectives, the board must
hold a hearing to consider what action
to take. If satisfied that the holder is not
Legal point a fit and proper person to hold a licence
in relation to the licensing objectives, the
Period of suspension
personal licence must be revoked.
During a period of suspension, the licence holder loses the right to
authorise alcohol sales and act as the premises manager.
Endorsements
Endorsements on a personal licence will last
Revocation
for 5 years, after which time an application
A person whose licence has been revoked (or surrendered) may still may be made to remove them.
sell or serve alcohol but must first undertake 2-hour mandatory staff
Multiple endorsements (3 in 5 years) will
training.
lead to a hearing where the board may:
They must not authorise alcohol sales, act as premises manager, train
staff or perform any other personal licence holder role.
• take no action, or
• suspend licence for up to 6 months, or
• revoke the licence

Chapter 4: Premises licences - part 1 an introduction
This chapter provides essential knowledge of premises licences and covers the operating
plan and risk assessment, legal duties of the premises licence holder and premises manager
and requirements of an occasional licence and members’ clubs.
Legal point
Premises licence
An application must be made to the licensing board for the area where the premises are situated
and a full licence must be granted before sales of alcohol may take place.
The purpose of a premises licence A new premises licence application must

A premises licence allows the sale of alcohol include the name, date and place of birth,
on or from a premises. It is granted by a home addresses and any relevant or foreign
licensing board authorising the sale of convictions of all connected persons.
alcohol on and/or from the premises.
The purpose and contents of the
Once granted, the applicant becomes the Definition
operating plan
premises licence holder, with responsibility
for the legal operation of the premises. The operating plan is an important part of Connected person
the premises licence. It describes how the A business partner,
Each premises licence is unique to the
premises must be operated, including: a director, someone
premises to which it applies and will last
indefinitely, unless: • which activities will take place where with control of the
company, an office
and when
• the licence is revoked holder within a club
• the premises cease to be used • opening hours and times alcohol or anyone concerned
will be sold with the management
for the sale of alcohol
• the premises licence holder (an individual) • policy on access by children and young
persons, including whether entry is
or control of the
premises or the
dies, becomes incapable or insolvent, or
allowed, by which ages, at what times business being carried
the company, partnership, organisation or
and in which locations or parts of out on the premises.
club becomes insolvent or is dissolved
premises
• the licence is surrendered
•
whether sales of alcohol are for
consumption on or off the premises
The contents of a premises licence or both; if both, the times for each type
A premises licence contains: of sale can differ
• details of the premises licence holder • information on capacity
• a description of the premises
• an operating plan
• a layout plan The operating plan - important points
• details of the premises manager • you can only offer activities if they are permitted within
• specific licence conditions the operating plan
A disabled access and facilities statement
must be made at the same time as a
• you must never exceed the opening hours and times stated
in the operating plan
premises licence application.
• premises must be run and managed according to the operating
plan, although there is no requirement to trade during all on and
Who can apply for a premises licence?
off-sale hours
• An individual aged 18 or over • any changes to the operating plan will require a variation
• A company, partnership, organisation application to the board by the premises licence holder
or members’ club
• those who manage licenced premises and members of staff must
An application not made by an individual know what is in the operating plan to enable them to work legally
must specify details of the connected
persons.

Make a note…
Do you know what is in the operating plan for your premises? Make a note of what the unique
operating plan includes against each of the contents. If you’re not sure, find out and make a note
of your findings.
Name of premises:
Activities – where and when
On-sales, off-sales or both (if both, hours may differ)
On-sales Off-sales Both
Licensed hours (these may be different for different days)
Mon Wed Fri Sun
Tues Thurs Sat
Policy on access by children and young persons
Capacity details
Other
How is information in the operating plan communicated to managers and staff?

The purpose and contents of the layout Types of variation application
plan A variation is an application to the board
The layout plan is another part of the by the premises licence holder to request
premises licence that shows how the a change or changes to the operating
premises is arranged. plan, layout plan or any other aspect of the
Both the layout plan and operating plan are premises licence.
linked and should accurately reflect each There are 2 types of variation application:
other. For example, the layout plan should
show where the activities described in the
operating plan take place. Major or non-minor licence variation –
to make changes to:
The layout plan is an accurate 1:100 scale
plan, showing: • any of the conditions of the licence
•
where alcohol will be sold or displayed • information contained in the operating
(off-sales) plan
• where activities will take place • the layout plan

• toilet facilities for customers • any other information in the licence
• location of fire exits, stairs and lifts
• areas where children and young persons Minor variation – for a less significant
change, such as:
are allowed
Before any changes to the layout plan can • a change to the layout plan if this
be made, the premises licence holder must does not result in inconsistency
apply to the board for a variation. with the operating plan
• any change that restricts the entry
Example of a layout plan of children and young people
• increase minimum age/reduction of hours
children and young people permitted on
premises
• restriction on access to certain parts of
premises by children and young people
• substitution of a premises manager
• change of premises name
• reduced hours where neither earlier nor
later opening of premises than currently
on licence will occur
• reduction of capacity of premises
• cessation of live or recorded music
above 85 dB
• variations to ensure more persons would
be seated than standing
The board must grant a minor variation.

Occasional licence Legal duties and responsibilities
An occasional licence allows the sale of of a premises licence holder
alcohol on unlicensed premises, often for The premises licence holder has some
special events and for a period of no more important legal duties and responsibilities
than 14 days. regarding action they must take, the
Legal point A members’ club can apply for an occasional notification of changes to the board and
licence to allow the sale of alcohol to the the legal operation of premises. These are
Duty regarding the explained in more detail below:
premises licence and general public.
summary An application to the licensing board can
The keeping and only be made by: Charges and convictions
display of the • a premises licence holder • A premises licence holder or connected
premises licence
and summary is the
• a personal licence holder

person charged with a relevant offence
must, no later than their first court
responsibility of the • the representative of a voluntary appearance, produce the premises
premises licence organisation (the application must licence or inform the court that they hold
holder, who must: relate to the organisation’s activities) a premises licence or are a connected
• keep the premises There are limitations that apply to voluntary person in respect of a premises licence
licence or a organisations and members’ clubs opening
to permit the sale of alcohol to the general
• A premises licence applicant charged
certified true copy with a relevant offence who is
on the premises public within a 12-month period: subsequently granted a premises
• produce the • up to 4 occasional licences with a licence before conviction must produce
premises licence duration of 4 days or more the licence or inform the court at
when requested • up to 12 occasional licences with their next court appearance
for inspection by a a duration of fewer than 4 days • If convicted of a relevant or
police constable or
an LSO
• the total number of days for which
foreign offence, a premises licence
holder or connected person must notify
occasional licences are issued must
• prominently display the board of the conviction within 1
not exceed 56
the summary of month
Application forms and guidance notes are
the licence or a usually available on the board’s website.
certified true copy
Information required for an occasional
• It is an offence to licence application includes:
fail to display the
summary on the • name and address of the applicant
premises • address and description of the premises
• description and times other activities Make a note…
will take place Where is the premises licence summary
• times when alcohol will be sold for displayed in your premises?
consumption and/or off the premises
• whether children or young persons
will be permitted entry, and if so:
• any age restrictions
• restrictions on times of entry
• parts of the premises they will be
permitted access to

Change of premises manager
The premises licence holder must inform
the board within 7 days should the premises
manager:
• cease to be employed at the premises
Good practice
• become incapable
It is always sensible
• die to have a spare
• have their personal licence revoked personal licence
or suspended holder on staff.
The premises licence holder must make
a minor variation to replace the premises
manager within 6 weeks, otherwise there
will no longer be a premises manager and
no alcohol sales will be permitted to take
place until a new premises manager is
appointed.
Running the premises’ Definition

Notification of other changes Interested party
They are the main point of contact, with
The premises licence holder or connected responsibility for the day-to-day running of A person with
persons must notify the board within 1 the premises and must ensure premises are an interest in the
month of: operated legally, according to the operating premises as an owner
• a change of their name or address plan and licence conditions. or tenant or with
management control
• a change of name or address of the over the premises.
premises manager Staff training and supervision
• a change of name or address The premises manager has a responsibility
of a connected person for the effective training, instruction and Due diligence
• a person becoming or ceasing to be a supervision of all staff selling alcohol. They A possible legal
connected person to the licence holder must ensure staff know how to implement defence if all
procedures that promote the licensing reasonable
objectives. precautions were
Vicarious liability taken to prevent a
Having vicarious liability means the breach of the law.
Presence of the premises manager
premises licence holder and interested
parties may be prosecuted for an offence Unless this is a specific condition of the
committed by an employee, unless they are licence, there is no requirement for the
able to prove: premises manager or another personal
licence holder to be on the premises during
•
they did not know the offence was being all licensed hours.
committed
For some late-opening premises, the
• they exercised all due diligence to presence of a personal licence holder is a Legal point
prevent the offence being committed mandatory condition after 1am (see page
Premises manager
25 for more details).
The premises
Role and legal duties of a premises
manager must hold
manager
a personal licence.
The premises manager is named on the
Only one premises
premises licence. The main responsibilities
manager per premises
of the premises manager are:
at any one time.
The premises
manager can only be
premises manager for
one premises.

Understanding risk assessment Step 3: Evaluate the risks and identify what,
Risk assessment is an examination of if any, procedures/policies you already have
potential hazards and the identification in place. Identify any further procedures/
of precautions necessary to eliminate or policies necessary to eliminate or reduce
reduce their impact. the hazards.
Web watch Step 4: Record the findings and implement
It is important for premises to identify and
Risk assessments assess the potential risks to customers, staff, the procedures/policies.
To download a free neighbours and others from the sale and Step 5: Review the risk assessment on a
leaflet describing consumption of alcohol and other activities regular basis or following problems and
how to carry out taking place. update as necessary.
risk assessments, The following 5-step approach may be used All parts of the operation, both inside and
and for example risk to carry out a risk assessment: outside, must be considered as part of the
assessments, go to: risk assessment.
Step 1: Identify the hazards within premises
www.hse.gov.uk relevant to each licensing objective, for
example, the sale of alcohol to under-18s.
Step 2: Decide who or what might be
harmed and how. Assess each hazard as
to its likely impact on customers, under-
18s, neighbours, licence holders, staff, the
business and others who might be affected.
An example of a risk assessment against 2 of the licensing objectives.
Licensing What are the Who/What might What are you What further action
objectives problems or be harmed and already doing? is necessary?
hazards? how?
Preventing public Noise from customers Disturbance of Signs in the car park Supervise customers
nuisance leaving licensed neighbours at night asking customers to leaving premises
premises in a leading to complaints. respect the needs of after 11pm. Reduce
residential area A licence review local residents. Using shouting by giving
after 11pm. and licence revoked, alternative exits. Door out lollipops on exit.
suspended, varied supervisors and staff
or a written warning to remind customers
issued. to leave quietly.
Protecting children Staff selling alcohol Children and young ‘Challenge 25’ age Install CCTV. Carry
from harm to persons under-18. persons obtaining verification policy out daily check on
Adults buying alcohol and drinking alcohol. in place. Displaying procedures and
for children and Prosecution and relevant signs at signage. Increase
young persons. review and licence the point of sale. supervision of and
revoked, suspended, Vigilance both inside by all staff serving
varied or a written and outside premises. alcohol.
warning issued. Regular staff training
on when and how to
refuse a sale.
Findings from a risk assessment may help when developing the operating plan and best
practice policies.
Some boards may ask premises or occasional licence applicants to include a copy of their
risk assessment with the application.

Best practice policies
A risk assessment may identify the need for premises to adopt policies to address the causes
of harm, nuisance, damage or other hazards. Which policies are relevant will vary from
premises to premises.
Make a note…
Which of these best practice policies and procedures are in place in your premises?
Emergency procedures
Dispersal policies
Internal communication and reporting procedures
Security policies
Closing time procedure
Drugs policies
Refusals procedure and record-keeping
Managing conflict, disorder and drunkenness policies
Noise control procedures
Age verification policies
Any other policies or procedures on your premises.

Chapter 5: Premises licences part 2 - conditions
and licensed hours
This chapter covers essential knowledge regarding national mandatory and local conditions,
restrictions on alcohol pricing, the effect of licensed hours and extensions and special
conditions of members’ clubs.
Mandatory and local conditions

Mandatory conditions that apply only
Conditions are a set of rules placing
to on-sales are:
constraints on what premises can do. They
state the actions that premises operators • the price of any or all alcohol products
must take and they set out requirements for may be changed or varied at the start
Legal point how alcohol must be sold. of a period of licensed hours. No
alcohol product price can be changed
Conditions It is essential that managers and members
within 72 hours of that price variation.
Failure to comply with of staff are fully aware of the need to
relevant mandatory implement all relevant conditions of the • drinking water must be available
premises licence. free of charge and non-alcoholic
conditions, local
soft drinks available at a
conditions and Conditions may include discretionary
reasonable price.
imposed conditions conditions imposed upon a premises
is an offence. licence, placing certain limitations or • premises (except members’ clubs)
restrictions that are necessary to promote that admit children under 5 must
the licensing objectives. provide baby changing facilities
accessible by both males and females.
Some mandatory conditions apply to all
licensed premises, others apply only to
either on or off-sales.
Mandatory conditions that apply only
to off-sales are:
Mandatory conditions that apply
to all licensed premises are: • minimum price for multipack
products containing alcohol: a pack
• the sale of alcohol and other activities of 2 or more alcoholic products must
must take place in compliance with be sold at a price at least equal to,
the operating plan. or more than, the price of a single
• alcohol may only be sold when product where each is sold
a premises manager, holding a valid separately on the premises. For
personal licence, is appointed. example, if a single bottle of lager is
• alcohol sales must be supervised

priced at £1.20, a multipack containing
6 of the same bottles must be on sale
or authorised either generally or
specifically by the premises manager, for at least £7.20.
a personal licence holder or other • restrictions on where and how alcohol
responsible person. may be displayed for off-sales.
• every individual (except a personal • location of off-sales drinks promotions
licence holder) must receive 2 hours are restricted to the alcohol display
mandatory training before selling or area or room, otherwise not within
serving alcohol. 200 metres of the boundary of the
• irresponsible promotions of alcohol premises.
must never take place. • restriction applies to any, some or
• no supply of alcoholic drinks free

all alcohol products that may be
changed at the start of the day’s
of charge or at a reduced rate.
trading. The varied price of that
• requirement for an age verification product or those products must be
policy in relation to the sale of alcohol maintained for 72 hours.
to those who appear under the age
of 25.
• the annual fee for the premises
licence must be paid on time.
• the minimum price for alcoholic
drinks is 50p per unit of alcohol.

and licensed hours
Late opening and other premises • a door supervisor/steward holding a
In addition to the standard mandatory licence granted by the Security Industry
conditions, some late-opening and other Authority (SIA) must operate at each
premises are subject to further conditions. entrance to the premises. Licensing
boards may impose local conditions
Late-opening premises are those licensed to requiring more door stewards. Definition
operate between 1am and 5am and all must
have a person trained in first aid on duty • an operational CCTV system in good Responsible person
throughout these times. order and that meets the requirements
A responsible person
of appropriate chief constable of police
is a person aged 18
Scotland and the Data Protection
or over who works
Other premises opening after 1am Act 1998 must be installed.
on the premises and
are those with: The premises manager does not have to has undertaken the
• live or recorded music exceeding be present on the premises at all times. 2-hour statutory staff
85 decibels training.
• provision for dancing or adult Local conditions
entertainment of an explicit sexual nature
Local conditions are conditions imposed by
• more customers standing than seated a licensing board that must be implemented
• capacity for at least 250 people by premises and occasional licence holders
in that area.
Details of local conditions will be stated on
Additional mandatory conditions for those
the premises licence and may be found on
other premises are: Legal point
the relevant council website or be listed in a
• the presence of a personal licence holder board’s policy statement. local conditions
with responsibility for the premises when
Examples of local conditions include: Premises operating
open from 1am until 5am.
• staff on duty must receive training on • the premises licence holder must keep a according to licensing
refusal register and daily incident law may be in breach
and know how to implement evacuation of local conditions if
log that is available for inspection
procedures and the misuse of drugs they fail to implement
by police and LSOs
policy. LSOs may ask to see these written the local conditions
policies and procedures. • alcohol not on display must be stored in set out by their
• at least 1 member of staff must be a designated lock-fast safe and the
location shown on the layout plan
relevant board.
allocated to check toilets on a regular
basis to ensure the safety and well-being • the premises must have a duty of care
of customers and others who may use the policy regarding customers showing signs
facilities. of intoxication and staff must be trained in
• premises licensed to operate between
how to identify the signs
1am and 5am must have a person trained
in first aid present during these hours.
Web watch
For details of local
conditions, visit your
local licensing board’s
website.

and licensed hours
Alcohol pricing and promotions • encouraging entry by offering unlimited
Minimum unit pricing (MUP) amounts of alcohol for a set ticket price
MUP is a mandatory condition of all • free or reduced-price alcohol if one or

premises and occasional licences. It affects more extra drinks are purchased
the sale of alcohol for consumption both off The law does not aim to restrict the types of
Legal point and on the premises. alcoholic drinks on sale but focuses on the
Minimum unit price The aim is to reduce alcohol abuse and harm way in which they are promoted. However,
It is an offence for by preventing retailers from selling strong some boards may require assurances that
licensed premises to spirits and white cider at cheap prices. certain types of alcohol will not be sold on
sell alcohol for less premises.
The minimum price of alcohol is 50p per
than 50p per unit. unit. What is or is not an irresponsible promotion
Premises licence of alcohol may depend upon how the law is
holders, premises The minimum price of alcohol is calculated interpreted.
managers and staff using the formula MPU x S x V x 100.
Some premises may operate a duel price list
must ensure minimum MPU is the minimum price per unit - 50p. with a different price for a specific type or
pricing is applied at all S is the strength of the alcohol by volume types of customer. For example, premises
times. (ABV). may have a reduced price for students with
V is the volume of alcohol in litres. a matriculation card or for senior citizens
who are able to show a bus pass. These
An example of how to calculate minimum discounted prices must remain in place
price: for 72 hours.
For a 3lt bottle of strong cider at 6% ABV,
the minimum price is £9.
Alcohol display and promotions areas
£0.50 x 6 x 3 x 100 = £9.00.
There are restrictions where alcohol is only
Good practice
sold for consumption off the premises,
Local conditions Irresponsible promotions stating it can only be displayed in either or
Always check local both of the following ways:
It is a mandatory condition of all
conditions as these premises and occasional licenses that the • in a single area of the premises as agreed
may prevent certain irresponsible promotion of alcohol must between the board and the premises
price promotions and never take place. licence holder
if you are planning a
promotion, you are Irresponsible promotions are those that • in a single area of the premises to which
encourage the overconsumption of alcohol, the public have no access, such as
advised to seek legal
drunkenness, binge and underage drinking. behind a service counter or in a locked
advice first.
Such promotions include: display cupboard
• promoting the types of drinks These areas, along with exact dimensions
that will appeal to under 18s of the frontage, must be indicated on the
layout plan.
• time-limited discounts such as
happy hours to boost business Alcohol promotions must not take place
during quiet periods within 200 meters of premises and only in
one or more of the following areas:
• encouraging the purchase of a quantity
of alcohol (including ‘upselling’ to a larger • the display areas described above
measure) • a room used for alcohol tasting where
• encouraging customers to drink quickly to alcohol is sold in a separate area and for
gain a discount, reward or prize consumption off the premises
• giving alcohol as a prize, unless in a
sealed container for consumption off
the premises

and licensed hours
Operating conditions of members’ clubs Drinking-up time
Members’ clubs must have a constitution Customers are allowed up to 15 minutes
and operate according to requirements after the end of the licensed period to finish
regarding membership and club rules. It drinking alcohol, as long as the alcohol was
must have a premises licence to sell alcohol purchased during the licensed hours.
and requirements for the sale of alcohol Definition
apply, including the need for mandatory On-sales hours
staff training. Carry-outs
If the premises are licensed for off-sales or Apply to times for
Certain special provisions apply to the sale of alcohol for
members’ clubs serving alcohol to on and off-sales, customers are allowed to
take away sealed containers of alcohol from consumption
members and their guests and there on the premises.
is no requirement for: licensed premises within 15 minutes of the
end of the off-sales licensed hours.
• a premises manager Off-sales hours
• the sale of alcohol to be authorised or Alcohol with a meal Times when alcohol
supervised by a personal licence holder
Where alcohol is sold at the same time as a can be sold for
A members’ club may apply for an consumption off
occasional licence to cover the sale of meal, and for drinking with a meal during
licensed hours, it must be consumed within the premises. These
alcohol on the premises to the public for a are restricted to a
special event. 30 minutes of the end of the licensed
period. maximum between
Members’ clubs are not included when 10am and 10pm
assessing overprovision. For example, a restaurant has a licence on any day and the
until 11pm on a Saturday night. They may actual hours granted
sell alcohol for drinking with the meal may be less.
Licensed hours until 11pm and customers will have until
These are the times during which alcohol 11.30pm to finish consuming the alcohol.
can be sold and for on-sales, when the No further drinking of alcohol may take
consumption of alcohol can take place. place after this time.
Licensed hours include: If customers are still drinking up after the

drinking-up time, a responsible person at
• the times when alcohol can be sold on the premises must ask them to stop. If they
and/or off the premises as specified in the continue, they are committing an offence.
operating plan of a premises licence or an The same applies if they ignore a request Legal point
occasional licence not to take alcohol away from licensed Licensed hours
• the times when activities other than the premises outside the 15-minute period
Managers and staff
sale of alcohol can take place previously described.
on licensed premises
The approach taken by licensing boards Applications for a premises licence, must ensure the
regarding licensed hours will be described occasional licence or extended hours sale of alcohol and
in their statement of licensing policy. allowing alcohol to be sold over a 24-hour activities only take
period will be refused unless there are place within the times
Licensed hours granted are unique to each
exceptional circumstances. of the licensed period
premises and must be adhered to at all
times. as set out in the
operating plan.
A licence holder charged with allowing Effect of the start and end of British
alcohol to be sold, consumed on or taken Summer Time It is an offence to sell
away from the premises outside licensed alcohol, allow the
When the clocks change either forward or
hours may have a defence if they can show: sale of alcohol, allow
back by 1 hour, the licensed period ignores
the consumption
• they took all reasonable precautions the effect of these changes. Premises are
of alcohol or allow
and exercised all due diligence to avoid entitled to trade for the same number
alcohol to be taken
the offence of hours after midnight that they would
away from licensed
• staff could not prevent the person
normally trade.
premises outside
consuming or taking away the alcohol licensed hours.

and licensed hours
Extensions to licensed hours When granting the extended hours, the
To extend licensed hours for special events board may vary the licence conditions for
or occasions, the premises licence holder the extended period. Managers and staff
may make an extended hours application to must be made aware of and understand
the licensing board. the implication of any changes to licence
Make a note… conditions during the extended hours.
An extension may only apply for up to 1
How are customers month and cannot be further extended.
encouraged to drink Further applications can be made but if General extensions to licensed hours
up on your premises? continual requests for extensions to cover A licensing board may decide to extend
bank holidays or other occasions are made, licensed hours for seasonal events such as
this may mean that a variation to the the festive season, annual galas or festivals
operating plan is required. or for exceptional events such as the
The board will notify and send a copy of the Commonwealth Games or World Cup.
application to the chief constable, who may On such occasions, the board will decide
object to the application and the LSO, who whether the general extension will apply
may comment on the application. The board to all premises in the area, only premises in
will decide whether to grant the extension specified parts of the area or only certain
and they may hold a hearing to consider the types of premises.
application, but this is not mandatory.

Chapter 6: Control of order
This chapter provides an insight into how the law attempts to control order on and in the
vicinity of licensed premises, with particular emphasis on the management of premises and
sanctions for those who participate in, encourage or allow drunken and disorderly behaviour.
Drunkenness and disorderly conduct A responsible person or police officer may

on licensed premises ask a person to leave licensed premises
A responsible person must never allow and if they fail to leave, an authorised
drunkenness or disorderly conduct to take person at the premises may remove them,
place on the premises. using reasonable force if necessary. When
requested by an authorised person, a police Definition
Staff should be trained to spot signs that officer must provide assistance to remove
a customer is or is becoming intoxicated the person from the premises. Authorised person
and to implement whatever measures are An authorised
necessary to prevent this behaviour. Alcohol person is:
intended for a drunken person must not be
sold to their companion. • the premises licence
holder
It is an offence for any person to act in a
drunken or disorderly way on licensed • the premises
premises. This includes the use of obscene manager
Make a note…
and indecent language or other behaviour • a person who works
that causes annoyance or offence to others What is the procedure for dealing on the premises,
on the premises or in the vicinity of the with drunken persons on your is authorised by
premises. premises? either of the
above and has
completed 2 hours
of mandatory staff
training
Legal point
Sale of alcohol to a drunken person
It is an offence to sell or serve alcohol to Do you have a duty of care policy
a person who is drunk or who appears to regarding how to deal with those
be drunk. who are intoxicated and may
be vulnerable? If so, what is the
policy?
Buying alcohol for someone
who is drunk
It is an offence for a person to buy or
attempt to buy alcohol for a drunken
person.
Drunken persons on licensed

premises
An offence is committed by a drunken
person who tries to enter licensed
premises or who is on licensed premises
while drunk and unable to take care of
themselves.
It is an offence for the premises manager
and/or staff on licensed premises to be
drunk on licensed premises.

Premises licence review Exclusion orders
The review of a premises licence can be A premises licence holder may request
carried out by the licensing board at any an exclusion order to prevent a person
time and anyone may request a review convicted of a violent offence on or in the
specifying the alleged grounds for the vicinity of licensed premises from entering
Definition review. the premises without consent for between
Premises licence Grounds for review are: 3 months and 2 years. The request must be
made to the court that convicted the person
review • the premises licence holder (or connected within 6 weeks of the date of conviction.
A reconsideration person or interested party) is not
or reappraisal of a considered a fit and proper person
premises licence by in relation to any of the licensing Banning persons from premises
the licensing board. objectives – the alleged grounds Entry to licensed premises can be refused
must be specified to any person without having to give a
Police interaction • the premises licence conditions have reason - providing this is not done in a
been breached discriminatory manner.
Interaction involves
communication with • one or more of the licensing objectives
a licence holder either have been breached Knowledge of interactions
by telephone or by An application for review may be rejected and interventions from police
attendance at the if it is vexatious, frivolous or not relevant to As well as enforcing licensing law, police
premises or a police any of the grounds for review. provide premises managers and licence
station to provide An LSO may apply for a review if the holders with support and advice to help
advice or to offer premises licence holder does not comply maintain good order and reduce the risk of
support or action. with the requirements of a compliance antisocial behaviour. The advice given by
notice. police should be acted upon.
Police intervention At a review hearing, the board must If a premises continues to cause problems,
The use of consider the evidence before making a fails to deal with incidents or to follow
intervention, decision and may take whatever steps advice, police may request a review of the
monitoring and are necessary to achieve the licensing premises licence.
enforcement will objectives, such as: Developing a positive relationship will allow
be used to prevent • issuing a written warning to the licence licence holders and police to liaise and
more serious issues. holder communicate effectively, agree a course
Perhaps to deal with a
series of or escalation
• varying the premises licence of action to deal with issues and promote
good crime prevention strategies on
of incidents, or maybe • suspending the licence for a period of licensed premises.
where the premises time as determined by the board (up
licence holder is to 6 months)
unable or unwilling • revoking the licence
to act to remedy a Where the board is satisfied that the
problem. It is best premises licence holder is not a fit and
to be accompanied proper person, they must revoke the
by a solicitor to an premises licence. Web watch
intervention meeting. The Police Scotland Standard Operating
Procedure for Liquor Licensing can be
downloaded from:
www.scotland.police.uk/assets/
pdf/151934/184779/liquor-licensing-
sop

Police powers of entry and inspection An emergency closure order will apply for
As already described in previous chapters, up to 24 hours or until no longer necessary
a police officer can enter and inspect any in the interests of public safety, whichever is
licensed premises at any time and can ask to shorter.
see the premises licence and the personal In certain situations, a police officer of or
licences of any personal licence holders on above the rank of inspector may extend Legal point
duty at the time. the emergency closure order for a further
Opening during
24 hours if there is, or is believed to be,
a closure order
a continuing threat of disorder and the
Police entry to unlicensed premises extension is immediately necessary for It is an offence for a
A police constable may enter and inspect public safety. responsible person
unlicensed premises on which food and to allow licensed
drink are being sold and consumed if there premises to remain
are reasonable grounds to suggest that Offences related to closure orders open when subject
alcohol is being sold there without a licence. Licensed premises subject to a closure order to a closure order.
Authority must be obtained from a justice of must close for the period of time specified
the peace or a police officer of or above the in the order.
rank of inspector. The entry and inspection The premises must be closed from the time
must be carried out within 8 days of the when a police constable gives the order to a
authority being given. responsible person.
Failure to close in breach of the order is an
Closure orders offence subject to a maximum penalty of
Licensing boards and police have powers to (either or both):
deal with disorder using closure orders. • up to £20,000
A police officer of or above the rank of • up to 3 months in prison
inspector may apply to the board for a If a police officer of or above the rank of
closure order. inspector believes any closure order is no
The board may make a closure order where longer necessary, it must be removed to
police they believe the police have made allow the premises to reopen. This must be
a case that disorder on or in the vicinity of communicated to a responsible person at
licensed premises is likely to occur and it is the premises.
necessary in the interests of public safety.
Closure orders are rarely required as
premises often close voluntarily when
requested by the police.
Emergency closure orders

A police officer of or above the rank of
inspector may, as a last resort, make a
closure order for premises without first
applying to the board, if they reasonably
believe:
• disorder is taking place on or in the
vicinity of licensed premises
• there is an imminent threat of disorder
taking place on or in the vicinity
of licensed premises
• the immediate closure of the premises is
necessary in the interests of public safety

Chapter 7: Training
This chapter deals with the mandatory legal requirement for personal licence holders to hold
a relevant qualification and for staff selling or serving alcohol to undertake staff training,
including the need for training records to be kept.
Personal licence holder training Staff training

and qualification It is a legal requirement that premises
Details of the requirement for personal licence holders and premises managers
licence holders to undertake training has ensure all members of staff, whether paid
already been covered in Chapter 3. or unpaid, who are involved in the sale or
Below is a brief outline of the qualifications service of alcohol undertake appropriate
that applicants and holders must undertake. training before they start work.
This applies to staff selling or serving
alcohol for consumption on or off the
Personal licence application premises.
Must be aged 18 or over and have achieved They must complete at least 2 hours of
a Scottish Certificate for Personal Licence relevant training, covering the following 16
Holders (SCPLH) qualification at SCQF level specific topics before being allowed to sell
6 before making their application. or serve alcohol:
1. The legal basis of the requirement
Refresher training for the training of staff
Within the first 5 years of holding a personal 2. The licensing objectives
licence, all holders are required to provide 3. The definition of ‘alcohol’ in the
evidence of having completed refresher Licensing Act
training. The Scottish Certificate for Personal
Licence Holders (Refresher) qualification at 4. What constitutes an unlicensed sale
SCQF level 6 is a minimum 3-hour tutor-led 5. The functions of licensing standards
or approved e-learning course. officers, including their powers of entry
6. The nature of an operating plan and its
Personal licence renewal place in the licensing system
When renewing a personal licence for 7. The different types of premises licence
a further 10 year period, the renewal conditions
application must include evidence that 8. Special provision for clubs
the applicant has completed an approved 9. Licensed hours
training course, such as the Scottish
Certificate for Personal Licence Holders 10. Offences under the Licensing Act,
(Refresher) qualification. particularly those involving persons
under the age of 18
The reason for regular refresher training
is to ensure personal licence holders are 11. Proof of age and the Sale of Alcohol to
up to date with any changes in legislation Children and Young Persons (Scotland)
and are aware of how these changes affect Regulations
their roles and the operation of licensed 12. Test purchasing of alcohol
premises. 13. Best practice with regards to standards
of service and refusing service
14. Units of alcohol and the relationship
between units and the strength of
different alcoholic drinks
15. The sensible drinking limits for males
and females recommended by the
Scottish government
16. Good practice in managing conflict
situations

Chapter 7: Training
Training delivery Statutory record-keeping
Mandatory training may be delivered It is a legal requirement for a signed record
in-house by the premises manager, other of the statutory training received to be
personal licence holder or by an external made for every member of staff selling or
training provider. serving alcohol.
The person providing the training must be The training record must be kept at the Legal point
the holder of either: premises for the duration of a person’s Staff training
• a personal licence employment and be available at all times for
inspection by an LSO. The record must be
The training of staff
• a Scottish Qualifications Authority (SQA) kept as a paper copy (refer to appendix 2).
before they are
accredited qualification permitting allowed to sell or
them to offer training If staff move between one premises and serve alcohol is a
another, it is necessary to have a copy of the mandatory condition
staff training record on each premises. of all premises
How staff training and development licences.
contributes to due diligence
Staff training resources and workbooks:
To reduce the risk of prosecution under Failure to carry out
licensing or other legislation, licence Highfield has produced an easy-to-use staff
training workbook to help personal licence mandatory staff
holders should focus training activities
on areas of potential weakness such as holders and trainers provide this mandatory This is an offence
inexperienced staff or underage sales. training. The workbook itself provides subject to a fine not
Effective training will help to reduce the evidence of the 2 hours of training and exceeding £20,000,
risk of non-compliance, however should an includes learning and knowledge specific imprisonment for up
offence be committed, evidence of relevant to the workplace. to 6 months, or both.
and recent training may contribute towards Visit the Highfield website at www.
a due diligence defence. highfieldproducts.com to order.
For example, a member of staff allows
customers to continue consuming alcohol Offences related to training
after the end of drinking-up time. As the
premises manager on duty at the time, you As described in Chapter 3, alcohol must only
are charged with allowing alcohol to be be sold in accordance with the premises
consumed out of licensed hours. As part of licence. Staff training is a mandatory
condition of a premises licence, so failure to Good practice
your defence, you produce a signed record
showing the staff member had recently carry out training is an offence. Staff duties
received training on licensing law, including Similarly, if an untrained member of staff It is good practice to
specific information on licensed hours and sells alcohol, this is an unlicensed sale and regularly remind staff
drinking-up times. allowing an unlicensed sale is an offence. of their legal duties
Essential knowledge of licencing legislation and to record these
is covered by the mandatory training reminders.
topics but having a planned programme of
training in place to regularly update staff
It is good practice to
and refresh their knowledge will help to
keep a copy of the
reduce the risk of non-compliance.
premises licence, all
personal licences and
staff training records
in a folder to which
the staff have access
at all times.

Chapter 8: Protecting children and young persons
from harm
This chapter describes the law and offences regarding alcohol and under-18s. It covers the
application of proof of age, how to adhere to the age verification policy and consequences
of test purchasing.
Duties and responsibilities to protect Young people drinking alcohol

children and young persons In most cases, young people are not allowed
Protecting children and young persons from to consume alcohol on licensed premises.
harm is one of the licensing objectives that At the discretion of the premises manager,
must be promoted. This means everyone a 16 or 17-year-old may drink beer, wine,
Definition working on licensed premises has a legal cider or perry on licensed premises when
Young person responsibility to protect children and young the alcohol is bought by an adult and
persons from any harm arising from the consumed with a full meal.
Someone 16 or 17 operation of premises and the activities that
years old. Alcohol consumption by young people
take place within the premises. should be monitored as they have far less
The type of harm includes psychological tolerance for alcohol than adults.
Child harm from inappropriate or ‘adult’ content,
physical harm from unsafe premises and
A person under 16 Exceptions for under-18s working on
harm to health from consuming alcohol or
years old. licensed premises
other age-restricted products.
Under-18s who work on licensed premises
may deliver alcohol or accept the delivery of
Understanding the law relating to under alcohol if this is part of their work.
18s and alcohol
In some circumstances, under-18s can sell
Defences or serve alcohol, but in these situations
As a defence against prosecution for the the sale or service must be specifically
sale of alcohol to a person under 18, a authorised in person by:
Legal point person must show they believed the child
or young person was 18 or over and:
• the premises manager, or
Alcohol - an age-
• took steps to establish their age, or • any other person over the age of 18 who
restricted product is authorised by the premises manager
Alcohol is an age- • no reasonable person would have Circumstances when under 18s may be
restricted product that suspected from their appearance specifically authorised to sell or serve
must never be sold to that they were under 18 years old alcohol are:
anyone under the age
of 18. • when the alcohol sales are for
As a defence for allowing the sale or consumption off the premises,
consumption of alcohol by a child or young such as in a shop
person, the person charged must show
they:
• where alcohol is served with a meal
for consumption on the premises
•
did not know the offence was being
committed
• exercised all due diligence to prevent
Good practice the offence from being committed
Alcohol consumption
by young people
Premises operators
should request ID to
verify age to ensure
they are indeed 16 or
17 and they should
refuse service to those
without appropriate
ID.

from harm
Types of offences and how to prevent them
This table shows the types of offences, who may commit each offence, the maximum fines and penalties,
any exceptions and whether a due diligence defence may apply.
Offence Who may commit Maximum fines Due diligence defence?

the offence and penalties Exceptions
Sale of alcohol to a child Staff selling alcohol £5,000 or 3 months in Yes
or young person prison or both Must request and check
ID to establish age
Allowing the sale of Responsible persons £5,000 or 3 months in No
alcohol to a child or young prison or both
person
Sale of liqueur Staff selling liqueur Level 2 (£500) Yes
confectionary to chocolates Must see evidence of age
a child (under 16)
Supply of alcohol to a Anyone 18 or over who £5,000 or 3 months No
child (applies to supply for buys or attempts to buy in prison or both Exception for place
consumption in a public of worship
place)
Supply of alcohol to a Anyone 18 or over who As above No
young person (applies to buys or attempts to buy Except for supply of beer,
supply for consumption in
wine, cider or perry to drink
a public place)
with a meal
Purchase of alcohol by a Anyone under 18 who buys Level 1 (£200) No
child or young person or attempts to buy alcohol Exception for test
(for them or someone else) purchasing
Consumption of alcohol by Under-18 who knowingly Level 3 (£1,000) No
a child or young person (1) consumes alcohol on
licensed premises
Consumption of alcohol by Responsible person £5,000 or 3 months in No
a child or young person (2) allowing consumption prison or both Exception for consumption
by under-18s by 16 or 17-year-olds of
beer, wine, cider or perry
with a meal
Unsupervised sale of Responsible person Level 1 (£200) No
alcohol by a child or All sales by under-18s must
young person (off-sales be specifically authorised by
only) responsible person
Delivery of alcohol to a Responsible person Level 3 (£1,000) Yes
child or young person (includes delivery and Must request and check ID
allowing delivery)
Except when delivery
for work
Sending a child or young Anyone (where alcohol is £5,000 or 3 months in No
person to obtain alcohol for consumption off the prison or both Except when for work
premises)

from harm
Preventing underage sales Duty to display notices
There are a number of policies and Statutory notice regarding underage sales.
procedures that licensing premises can Licensed premises have a legal duty to
implement to help prevent age-related display a Section 110 notice at all times and
offences occurring. Some depend on the at each place where the sale of alcohol takes
Legal point type and size of the premises, however the place, such as at all till or payment points.
following may apply to both on and off-
Age verification Failing to correctly display this notice is an
sales:
policy offence committed by the premises licence
It is a mandatory
• planned and continual staff training holder and the premises manager (for a
covering age-related sales, checking licensed premises), the holder of the licence
condition for all
ID, etc. (for an occasional licence), the person who
licensed premises
to have an age • regular staff briefings on vigilance manages and controls the premises (for
verification policy in and how to report or deal with issues other premises). The maximum penalty for
place. The policy must • effective supervision of staff selling or this offence is £1,000.
identify the steps to serving alcohol and till or payment points
be taken to establish
the age of a person • regular management checks of customers Challenge 25 notices
and all parts of the premises Licensed premises must display Challenge
attempting to buy
alcohol. • implementing and strict adherence 25 notices indicating that those who look
to the age-verification policy under the age of 25 will be required to
Under 25s • displaying posters and signs to make provide acceptable photographic ID to
prove they are 18 or over when attempting
customers aware of the law
If a customer looks to purchase alcohol.
under 25 (or older if • checking CCTV for signs of proxy sales Notice on the admission of under-18s.
and employing security personnel
this is the policy), they
On-licensed premises must display an A4
must be challenged
sign at the entrance to the premises stating
to provide acceptable
that under-18s are either:
proof-of-age ID
showing they are at • not permitted on the premises
least 18 before the
sale of alcohol takes
• allowed on the premises or certain
parts of the premises
place.
The information on the sign must reflect
what is in the operating plan regarding
access by children and young persons.
Requirements for an age verification

policy
The purpose of an age verification policy is
to help prevent underage sales of alcohol.
It should describe how the premises will
determine and verify the age of customers.
When acceptable ID is not produced or it
does not show the customer is 18, the sale
must be refused.

from harm
Acceptable proof-of-age documents
Only the following documents are
acceptable as proof of a person’s age:
• a passport
• a European Union photocard driving
licence [soon to include UK photo driving Make a note…
licences] How do you
• a photographic identity card bearing the determine whether
national Proof of Age Standard Scheme an acceptable proof-
(PASS) hologram of-age document
is genuine?
• a Ministry of Defence Form 90 (Defence
Identity Card)
• a national identity card issued by a
European Union member state (other
than the United Kingdom) Norway,
Iceland, Liechtenstein or Switzerland
• a biometric immigration card
All of the above documents must
be current.
Duty to determine age
A birth certificate or any other document
Those selling or serving alcohol have a legal such as USA state driving licence or
duty to determine a person’s age before university matriculation card (with or
making a sale. However, it is often difficult without a photograph) cannot be accepted.
to quickly and accurately assess if someone
is 18 or over. The mandatory Challenge 25
age verification policy reduces the need for
accuracy, but instead requires those who
look under 25 to be asked to provide proof
they are 18 or over.
You should always make eye contact with
the customer and look carefully at their face,
but what other clues should you look for
when assessing whether a person is under
25?
• Do they make eye contact?
• How are they behaving?
• Who are they with?
• What are they wearing?

from harm
This diagram illustrates a typical age verification process.
Look carefully
at those attempting to buy alcohol
Do they look under 25?

Yes No
(or older if this is the policy)
Can they provide

proof of their age? Is there any doubt in your
Yes mind that they might be
Ask for acceptable underage?
proof-of-age documentation No
Yes No
Firmly but politely

Check
refuse the sale giving
a reason for the refusal
Acceptable - is it an acceptable form of ID? (depersonalise the
Date of birth - does it show they are at least 18? refusal)
Answer
Photograph - does it look like them? no for 1
or more
Validity - is it in date?
Hologram - is it present?
Forgery - is it genuine? Check if it has been
tampered with or altered.
Answer yes Go ahead

to all 6 with the sale

from harm
How to check proof-of-age documents Deliver training regularly and keep
Take the document and examine it records, which should include:
carefully on both sides before checking: • how and when to request ID
• that the date of birth indicates the • types of ID
person is 18 or over
• how to check validity of ID
• that the photograph is a true likeness • avoiding conflict when refusing
of the person a sale
• a hologram is present and genuine
• it has not been forged, altered Recording refusals
or tampered with
A record of refusals can be made
• it is valid, current and has not expired manually in a book or electronically and
If there are any doubts or there is reason some tills have a report function. It may
to suspect the document is forged or reduce the risk of underage sales, provide
borrowed, the sale or service of alcohol information for training purposes and
must be refused. protect both staff and the business in the
event of an alleged illegal sale.
Borrowed ID
Look out for young people who have Test purchasing
borrowed ID from friends or family. Ask Test purchasing is a planned, attempted
the person for their name and date of purchase of alcohol by someone under
birth. If there is any hesitation, the ID may the age of 18. It is carried out by the
be borrowed. police.
The aim is to ensure licensed premises
Proof-of-age schemes are complying with the law by refusing
to sell alcohol to under-18s and by
Proof of Age Standards Scheme (PASS) implementing an age verification policy.
cards allow young people to prove their
age. They are supported by Scottish This is the only occasion when under-
ministers and the police, are issued by 18s may legally purchase or attempt to
organisations such as Young Scot and purchase alcohol. The testers must look
display the PASS hologram. 16 and a half years old.
A failed test purchase may result in the
prosecution of the seller and licence
Refusing a sale holders, poor publicity, loss of reputation
When refusing a sale, it is often best and jobs.
to give a reason for the refusal and to
depersonalise it by stressing both your
legal obligations and company policy.
Preventing underage sales of alcohol.
• Have a clear policy in place that all staff
understand and follow
• Implement practical procedures
to prevent underage sales
• Supervise new, inexperienced
or ‘problem’ staff
• Record refusals and check details
regularly
• Audit performance against policy
using mystery shoppers aged 18 or
over (it is an offence to use under-18s
for this purpose)

This chapter describes the law and offences regarding alcohol and under-18s. It covers the
application of proof of age, how to adhere to the age verification policy and consequences
of test purchasing.
Units and strength of alcoholic drinks A wide range of strengths for different
Those selling alcohol must provide accurate drinks are now available. To help provide
information to customers on the alcohol this information to customers, premises may
content of drinks and should inform them choose to include details of the abv for each
of the options available in terms of different drink on their price list or menu.
Good practice measures and strengths. Spirits such as whisky, gin or vodka are
usually around 40% abv but can be much
Advising customers
higher.
It is important that ABV
Beers and lagers usually range from 3% abv
staff know the Various types and brands of alcoholic drink to 9% abv.
strength of alcohol contain different amounts of alcohol by
products and are able volume (abv). Cider may vary between 3% abv and 8.5%
to advise customers. abv.
Have a look at the alcoholic drinks for sale on your premises and make a note of their strengths in the table below.
Type Description % abv

Spirits Whisky
Gin
Vodka
Other
Wines Red
Rosé
White
Sparkling
Beers Bitter
Lager
Stout
Cider Draught
Bottled

Availability of high-strength beer Another customer drinks 2 medium (175ml)
If beers with a high strength (around 7% glasses of wine with an abv of 13% and
abv) are for sale on the premises, it may estimates this is between 2 and 3 units
be advisable to only sell these in half pints when the actual number is 4.5.
and to restrict the number that individual The calculation is
customers can purchase and consume. 175 ml x 13 x 0.001 x 2 = 4.5 units.
British Standard units of alcohol Low-alcohol, no-alcohol and reduced

A unit of alcohol is either 8 grams (g) alcohol
or 10 millilitres (ml) of alcohol. Drinks with low, no or reduced amounts of
As a general guide, the following contain alcohol have become more popular with
1 unit of alcohol: customers trying to reduce their alcohol
consumption and with designated drivers.
• a half-pint of beer with an ABV of 3.5% This has led to drinks manufacturers
• a small (125 ml) glass of wine with an producing a range of lower strength
abv of 8% options and bars offering low or no alcohol
• a single shot (25 ml) of spirits with ’mocktails’ as an alternative to traditional
cocktails.
an abv of 40%
• a measure (50 ml) of sherry, port or It is important that everyone selling or
serving alcohol understands the different
vermouth with an abv of 20% vol
definitions and is able to provide accurate
However, most beers, ciders and lagers have information to allow customers to make
an ABV above 3.5% and most wine contains informed choices about what they drink.
much more than 8% abv, making it easy
to underestimate the number of units of
alcohol being consumed. Low-alcohol
Always check the label to find out the exact Low-alcohol drinks contain up to 1.2% abv.
ABV before calculating the number of units. Those low-alcohol drinks with an abv over
Some drinks, particularly bottled beers and 0.5% are legally ‘alcohol’, require a licence to
wines may state the number of units the be sold or served and must not be sold to
bottle contains. under-18s.
Calculating units No-alcohol/alcohol-free

To calculate the number of units, use This applies to drinks with an abv of up to
the following formula: 0.05%.
volume of drink (ml) x abv (% alcohol Drinks with an abv of 0.5% or less are not
by volume) x 0.001 = number of units legally alcohol and do not require a licence
of alcohol before being sold.
Double shot of vodka (2 x 25 ml = 50 ml)
with an abv of 40% vol. may be calculated
as 50 x 40 x 0.001 = 2 units of alcohol Reduced alcohol
Examples: These are drinks with an alcohol content

lower than the normal strength for that
A customer who has drunk 3 pints of type of drink. So, a reduced alcohol wine
lager with an abv of 4.2% thinks they have may contain 5% abv rather than the usual
consumed 6 units, when the actual number average for wine of 12.5% abv.
of units is 7.2.
The calculation is
568 ml x 4.2 x 0.001 x 3 = 7.2 units.

Low-risk alcohol guidelines Effects on the brain include:
The guidelines from Scotland’s chief medical • slower reactions
officer are:
• difficulty with walking and body control
• no more than 14 units per week for both
• slurred speech and difficulty talking
men and women
• spread 14 units evenly over 3 days • danger of acute alcohol poisoning,
which can be fatal
or more
Effects on behaviour include:
• have several drink-free days each week
• limit the amount of alcohol on any single • impairment of reasoning and decision-
loss of inhibition and control
occasion •
making
• no level of alcohol is safe during
pregnancy • reduced ability to judge situations
correctly
The guidelines state that the 14 units should
not be consumed over 1 or 2 days but • inability to control anger and aggression
should be spread evenly over the week. Drinking excessively contributes to a range
Licensed premises can promote the low-risk of health and social problems, including
drinking guidelines and discourage the cardiovascular disease, liver disease and
over-consumption of alcohol by: a range of cancers, accidents, antisocial
behaviour and domestic violence.
• giving clear information on alcohol
content (abv and units)
• making customers aware of smaller Factors to consider when assessing
drunkenness
measures
• providing reduced alcohol or low-alcohol A person becomes drunk when alcohol
enters the body faster than it is eliminated.
alternatives
The speed at which alcohol enters the
•
displaying or placing alcohol products bloodstream is affected by many factors,
responsibly including:
•
offering a range of food, snacks and hot
• quantity and strength of the alcoholic
beverages drinks consumed
• providing a wide range of soft drinks • size of the person
and free water
• training staff to promote low-risk drinking • gender of the person
All of these measures will also contribute
• age, tolerance and general health
of the person
to protecting the safety and well-being of
customers. • amount of food eaten
• time of day
Signs and symptoms of intoxication When assessing drunkenness, some factors
to consider include:
Alcohol will have a range of effects on
a drinker, depending on the individual Behaviour – is the person behaving
and the type and amount of alcohol they aggressively or being confrontational or
consume. They may initially become more argumentative?
relaxed and outgoing but as consumption Language – are they swearing loudly or
increases, the effects may become more using discriminatory or intolerant language?
pronounced.
Actions – are they staggering, tripping,
falling or bumping into objects or people?
Friends – are they with others, in a group
or on their own? Are others in the group
leaving?

Vulnerability and duty of care •
having bus timetable information
In some cases, those who are drunk are available
vulnerable, at risk of harm or illness or • providing transport for groups
may not be able to get home safely. Their of customers
vulnerability may be due to their age,
gender, the amount they have drunk or
• devoting space to a drivers’ shelf of low-
Good practice
alcohol, alcohol-free and soft drinks
their ability to look after themselves. Duty of care
It is important to gauge the extent to which
• offering free soft drinks to the driver
of a group It is good practice
the individual is vulnerable. For example, a for premises to have
20-year-old lone female who is unfamiliar • training staff to recommend suitable a duty of care and
with the area and is drunk and disorientated non-alcohol alternatives
vulnerability policy
is clearly vulnerable. • offering food and hot beverages in place, describing
Dealing with vulnerable people can be when and how to take
challenging but premises have a duty of actions such as calling
Consequences of excessive drinking
care to take appropriate action and not just emergency services,
throw them out. Some of the serious consequences for the taxis or the person’s
individual have already been covered but family or friends. Staff
there are also consequences for businesses must be familiar with
Drinking habits that allow excessive drinking, including: the policy and know
The ways in which customers drink and • difficulties dealing with drunken what action to take.
when they drink may affect their levels of and disorderly customers Licensing boards
may ask to see such
intoxication.
• effect on reputation and subsequent policies.
Binge drinking is when people consume 6 loss of custom
units or more during one sitting. The term
is used to describe drinking large amounts
• cost of repairs and replacing equipment,
fixtures and fittings
of alcohol in a short space of time, often
resulting in antisocial or violent behaviour. • disruption in service standards due
to staff turnover and illness
Pre-loading is a phrase used to describe
the drinking of large quantities of cheaper • increased cost of insurance
alcohol purchased from off-licensed • loss of premises and personal licences
premises prior to going out to pubs, bars
Society as a whole is affected by the
or clubs. Customers who have pre-loaded
problems caused by excessive drinking due
may already be drunk when they enter on-
to:
licensed premises.
Chronic drinking is when people drink large
• high costs of dealing with alcohol-related
crime and disorder
quantities regularly over a long period of
time. •
health and social costs of underage
drinking
Alcoholism is sustained heavy or chronic
drinking leading to addiction and serious • costs of treating those with alcohol-
health problems such as liver damage, high related diseases and illnesses
blood pressure and cancers. •
problems associated with family
breakdowns
Drinking and driving • loss of jobs and loss of man-hours
through failure to turn up for work etc.
Licence holders and staff must never
attempt to determine a person’s ability to • difficulties faced by NHS staff, police and
drive safely by calculating the number of fire service dealing with drunken persons
units consumed or assessing how sober • disruption and costs to businesses due to
they appear. The best message customers lost working hours through failure to turn
can be given is not to drink and drive. up to work or being unable to work
Licensed premises may help to discourage
drinking and driving by:
• displaying drink-drive warnings
and messages
• displaying taxi firm numbers
and providing a telephone

Illegal drugs on licensed premises Allowing drug activity will often lead to an
Licensed premises may be seen as ideal escalation of other criminal activity on the
places for illegal drug use and drug dealing. premises.
For this reason, licence holders and staff If a member of staff is suspected of being
must be vigilant at all times. They must take involved in drugs on the premises, contact
Legal point action and contact the police for advice if the police for assistance and advice.
Illegal drug use illegal drug use is suspected. Some general signs that may indicate drug
Licence holders must Adopting a zero-tolerance approach and use or dealing include:
never allow illegal creating an unsuitable environment will
help to prevent illegal drug use. Strategies
• frequent trips in and out of the premises,
drug activity to take sometimes with different people
may include:
• providing well-lit, monitored areas •
place or ‘turn a blind
frequent trips to the toilets followed
eye’ to drug use on
by changes in behaviour
the premises. This including gardens, outside areas,
is a serious offence car parks and corridors • passing matchboxes, folded notes
or napkins to others
punishable by up to
• ensuring all tables and customer areas are arriving sober, but quickly showing signs
14 years in prison
visible to staff and managers or are •
and fines. of drunkenness
regularly patrolled by staff or glass
collectors •
extremely furtive, agitated or fidgety
• employing registered door staff, behaviour
particularly at busy times • money or packages changing hands
• refusing service to anyone suspected of
being involved in the sale or use of illegal
drugs
• communicating and enforcing a strict zero
tolerance policy towards illegal drugs
• educating staff to recognise signs of drug
dealing and drug taking
• having a dress code to discourage drug
apparel such as marijuana t-shirts
• being vigilant for gangs or groups of
people acting in a strange manner,
such as an individual being approached
by lots of other people who stay only for a Psychoactive substances – previously known
few moments, persons who frequently go as ‘legal highs’
to the toilet with others
Under new laws, it is an offence to produce,
• checking toilet areas regularly and at the supply or offer to supply, export or import
end of the day for stashed drugs and signs substances known as ‘legal highs’. These
of drug taking substances are designed to give users
a similar experience to illegal drugs like
cannabis and cocaine. It is not illegal to
possess these substances.

Specific signs of drug use for different illegal drugs are described in the table below:
Substance Paraphernalia Other signs
Cannabis Cigarette papers, torn-up beer mats and bits Slurred speech, dilated pupils
of cardboard, strange hand-rolled cigarettes and increased appetite
Cocaine Plastic straws, rolled-up banknotes and razor White crystalline powder often found on toilet
blades seats or surfaces
Crack cocaine Signs of heated or scorched metal tins, gas Users may be aggressive and paranoid
lighters and lighter fuel
Heroin Syringes or needles, scorched spoons or White or brown powder or tar-like substance
burned tinfoil
Amphetamines Similar to cocaine as the powder is often Users have energy and confidence followed by
snorted. Also in tablet form. anxiety
Setting and maintaining good standards Benefits of good customer service

Maintaining consistently high standards The standards of service provided will
throughout the premises will be of benefit usually reflect how well the business is
to customers and those employed on the managed and operated. Good service
premises. standards include being polite, attentive
Well-managed and professionally operated and courteous to customers as well as
premises where the licensing objectives are managing busy times effectively. Poor
promoted will discourage troublemakers service may lead to conflict between
and poor behaviour and are therefore less customers and staff.
likely to be the subject of licence reviews. Providing excellent service standards is
The majority of customers welcome a clean a way to differentiate one business from
and tidy environment in which to relax and another and to achieve a loyal customer
enjoy themselves. It is important for the base on which to expand and develop.
health and safety of staff and customers
that premises are well-maintained and in a
good state of repair.

Causes of and managing conflict Run responsible alcohol promotions
Some licensed premises are more that encourage moderate and sensible
vulnerable to conflict and crime than others. consumption of alcohol.
This may be due to: Provide an efficient and courteous service
• location of premises in city centres, on for customers to avoid frustration and
possible aggression against staff.
Good practice large housing estates or in isolated areas
Incident records • type, age and gender of customers Provide conflict resolution and personal
safety training for managers and staff.
Record all incidents • opening hours
in an incident book,
obtain incident • experience, skills and continuity Security procedures and policies
of management
reports from all staff
The premises licence holder and premises Licensed premises may be targets for crime
who saw an incident,
manager are responsible for ensuring that and terrorism threats, so they must have in
download and retain
the potential for conflict is reduced and place procedures to deal with any potential
CCTV in the case of
must implement strategies to protect staff threats. The extent of the measures taken
an incident and link
and customers from violence and abuse and will depend on the location and type of
the download to the
to reduce the risk of conflict escalating. premises.
record in the incident
book. These procedures must be communicated
to all staff and may include how to:
Causes of conflict
Conflict between customers can be caused
• record threat information
by: • communicate security breaches or threats
to management
• queue jumping • contact emergency services
• damage to personal property or vehicles • evacuate the premises
• drunkenness Staff must be trained to protect premises,
Web watch • jostling and spilling of drinks staff, customers and the public.
For free
counterterrorism
Conflict between customers and staff can
be caused by:
• Premises should be checked regularly,
particularly before, during and after
awareness (ACT)
training, visit: • staff attitude opening hours
https://www.gov. • poor service/low staffing levels • Suspect packages should not be removed
uk/government/ • refusal of service or requesting but reported to managers immediately
news/act-awareness- • proof-of-age evidence • Vigilance should be maintained in relation
elearning to suspect activity at all times
• being asked to drink up • Threat and emergency procedures should
• being asked to leave the premises be implemented accordingly
• It is important to check premises after
Strategies to prevent or manage conflict service to ensure there is no risk from
smouldering, e.g. cigarettes or other
Remain vigilant at all times by constantly
combustible items
monitoring customers and all areas,
including car parks and garden areas, Partnership working with police, licensing
looking out for early warning signs. boards, LSOs and other local groups will
help to establish good relationships and
Keep both the inside and outside of
help to reduce disorder, nuisance and crime.
premises clean, tidy and in good repair.
PubWatch schemes and initiatives such as
Get to know customers and develop a good
Best Bar None can contribute hugely to the
relationship to promote mutual respect and
successful running of licensed premises.
confidence.
Depersonalise refusals by referring to legal
obligations and company policy.
Encourage a good social mix of customers
by offering food, soft drinks, tea and coffee
or family activities.

Chapter 10: Associated law
This chapter covers knowledge of other laws relevant to a personal licence holder
and the implication of breaches of this legislation.
Risks relevant to associated law Advice should always be sought regarding

Other legislation may have an impact on the legality of specific activities taking place
the licensable activities carried out on on licensed premises.
licensed premises. Non-compliance with
these laws can present risks to the licence Weights and Measures Act 1985
and the business and may result in a range
of sanctions including fines, licence reviews Weights and measures legislation
and the loss of licences. establishes standards of weight, area,
length, volume, and capacity for products
The information in this chapter is intended and dispensing equipment. It controls
as an introduction to other legislation for how alcoholic drinks must be served and
learning purposes and is not intended as sets specific measures to be used when
a definitive guide to the law. dispensing alcohol on licensed premises.
The table below provides information on how alcohol must be served.
Type of drink Measures Notes

Draught beer 1/3 pint, 1/2 pint Does not apply if sold as part of a mix of two or more liquids.
and cider or 2/3 pint or multiples Serve in a government stamped glass unless dispensed by stamped
of these measures measuring equipment.
Either fill the glass to the brim or use oversized glass and fill to the line.
If filling to the brim a 5% head may be acceptable but must be topped
up at the request of the customer.
Spirits, whisky, Measure or multiple Only one measure may be used in the same premises. Must display
gin, rum of 25ml a notice indicating which measure is used.
and vodka Measure or multiple No legal measures for other spirits or liqueurs.
of 35ml Does not apply when drink contains a mixture of three or more liquids.
Wine By the glass 125ml or Must display a notice declaring which measures are used (can be both).
175ml (or a multiple of ).
Applies to containers not used for drinking. Must display a notice
By carafe or container declaring which quantities are used (can be any or all of them). In both
25cl, 50cl, 75cl or 1 litre cases, the measures used may be declared on a menu or wine list.
Consumer Protection from Unfair Trading Price lists, menus, brochures, websites and
Regulations 2008 ticketing must be accurate and correctly
These regulations aim to protect customers displayed and any claims made must not be
from being treated unfairly by banning false or deceptive.
misleading actions, omissions and illegal Prices shown must include VAT and it must
practices such as: be clear if there is a compulsory service
• substitution - putting a cheaper charge, cover charge or minimum price.
alternative into a branded bottle Certain products and their names are
and selling it protected by the law. For example Scotch,
• passing off - selling a different product Sherry and Champagne are all protected
and must not be used unless it is the real
from the one requested by the customer
product being sold or served.
Licence holders must ensure descriptions of
food, drink and services are truthful and not
misleading.

Private Security Industry Act 2001
The Security Industry Authority (SIA) is
responsible for regulating the private
security industry in Scotland and the
rest of the UK.
Good practice
Anyone undertaking the role of a door
Checking stewards supervisor on licensed premises must hold
Premises operators should check SIA badged stewards’ numbers and a valid SIA licence before undertaking these
names each time they are employed, as badges can be suspended duties.
if stewards are charged with an offence and might not be reinstated It is the responsibility of the premises
until the criminal matter has been resolved. Records should be kept manager to ensure that all door supervisors
of these checks. are appropriately licensed before they start
their duties, even if they are only working on
a temporary or part-time basis.
Some licensed premises must have door
supervision as this will be a condition of
the licence. Specific information regarding
the number of door supervisors and times
Legal point and days they must operate will be in the
Door supervisors operating plan. Premises opening after 1am
must have a door supervisor on every access
It is an offence to fail to have appropriate door supervision where door, although there are exceptions.
this is a licence condition or it is stated in the operating plan. Failure
to do so may lead to the premises licence being reviewed.
Role of a door supervisor
This will depend on the requirements of the
premises, but, as a minimum, they must:
• know the names of the premises manager
and licence holder
Web watch • have an understanding of the policies
and procedures in place
For more information
on Security Industry • be aware of the operating plan, the
Authority, visit: conditions on the premises licence
and the licensed hours
www.sia.homeoffice.
gov.uk • understand their role in conducting safety
and security checks or pre-entry checks
• be the first line of defence against entry
by underage persons
• be able to anticipate and prevent conflict
on and in the immediate vicinity of
licensed premises
• be appropriately trained to carry out the
role effectively
Make a note…
What are the licence
requirement for door
supervisors?

Smoking, Health and Social Care Customers smoking on licensed premises
(Scotland) Act 2005 There must be a clear procedure for staff
Smoking in all wholly or substantially to follow, including calling a manager,
enclosed public places and workplaces, supervisor or security staff, making a record
including bars, public houses, clubs of the incident and calling the police to
(including members’ clubs), restaurants, provide assistance if necessary. Legal point
hotels and cafes is not allowed. Designated Premises must clearly and correctly display Smoking
smoking rooms are also not allowed. ‘No Smoking’ signs. They must be easily It is an offence for a
visible to those approaching, entering person in charge of
Exemptions and staying on the premises and must be licensed premises
protected from being damaged, tampered (usually the premises
Hotels, boarding houses, inns or hostels with or removed.
with at least 2 guest bedrooms can manager or other
designate 1 or more smoking bedrooms, Environmental health officers, council responsible person)
if they wish. officers, LSO’s and others can be authorised to permit customers,
to enter all ‘no-smoking premises’ to staff or visitors
Some premises have outdoor smoking establish whether or not they are operating to smoke on the
shelters, these must be at least 50% open according to the law and may issue fixed premises.
to the elements. penalty notices to those who are not.
This table provides details of offences and penalties under smoke-free legislation.
Offence Penalty Details
Permitting others A fixed penalty of £200. Committed by the manager

to smoke in a Refusing to pay or failing to or person in charge of the
no-smoking pay could lead to a fine of up premises if they fail to take
premises to £2500. all reasonable precautions to
prevent smoking.
Smoking in a no- A fixed penalty of £50. A defence would be if a person

smoking premises Refusing to pay or failing to could prove they did not know
pay could lead to a fine of up the premises were no-smoking.
to £1000. For example, if there were no
‘no-smoking’ signs.
Failure to display A maximum penalty on The person who is in charge of

visible and legible conviction those no-smoking premises,
‘No Smoking’ signs of a fine up to £1000. having the management or
control of the premises, is
liable for any failure to display
such signs.

Gambling Act 2005 • pregnancy and maternity
This Act regulates all forms of gambling, • marriage and civil partnership
including gaming, betting and lotteries, but
not the National Lottery or spread betting.
• race
The 3 gambling objectives are:
• religion or belief (not harassment)
• preventing gambling from being a source • sex
of crime or disorder, being associated • sexual orientation (not harassment)
with crime or disorder or being used to • trade union membership or political
support crime beliefs
• ensuring that gambling is conducted Licensed premises will need to make
in a fair and open way reasonable adjustments to allow those
• protecting children and other vulnerable with disabilities to access the premises
and services.
persons from being harmed or exploited
by gambling Licence holders should regularly check
Licensing boards licence premises to allow compliance with the Equality Act by
Legal point assessing:
gambling to take place. They issue a range
Betting on licensed
premise is illegal and
of permits to authorise gaming machines • information and communication such
on licensed premises and in members’ clubs. as websites, signs, brochures and contact
must never take place. methods
Gaming on licensed premises • whether assistance dogs are welcome
Games of chance, such as dominoes and • the premises and facilities such as access,
cribbage, with a mix of luck and skill, seating, corridors, door handles and
are allowed on licensed premises. Bingo toilets
evenings may be held, as long as the prizes • customer service such as staff training,
and stakes are both within certain limits. customer feedback and advertising
Gaming to raise money for certain causes,
such as for a charity, may also be exempt
• employment policies to ensure selection
practices and the treatment of employees
under the law.
prevents discrimination or unfairness
Certain licensed premises with a bar may be
allowed to have no more than 2 category C
or D gaming machines without the need for The Music Licence for business
a permit. Premises with more than 2 gaming Music Licensing
machines need a licensed premises gaming
The UK’s 2 music licensing organisations,
machine permit.
PPL and PRS for Music, issue licences and
The law on betting, gambling and lotteries collect royalties for copyright-protected
is extremely complex. Always seek advice music. They ensure that songwriters,
and guidance from a specialist solicitor composers and performers of music are
before going ahead with any form of paid when their music is played in public.
gambling on licensed premises.
To make it easier for premises to legally play
and perform music for customers and staff,
Equality Act 2010 PPL and PRS have joined forces. This means,
where music is played through the radio,
The Equality Act prevents licensed premises
TV or other devices and/or performed live,
and other businesses who provide
premises will need a single music licence.
employment, goods, facilities and services
to the public from discriminating against, The Motion Picture Licensing Company may
harassing and victimising certain customers be able to levy fees for public performances
and employees. of certain films and television programs.
Always check this with your licensing
The Act protects those with the
solicitor.
following protected characteristics from
discrimination and unfair treatment:
• age (for people aged 18 or over)
• disability
• gender reassignment

Appendix 1
Useful websites for further information
Qualifications National Pubwatch Scheme

Highfield Qualifications offers the Scottish Promotes good practice and supports local
Certificate for Personal Licence Holders pubwatch schemes.
(SCPLH) qualification and Scottish www.nationalpubwatch.org.uk
Certificate for Personal Licence Holders
(Refresher) qualification as well as security,
food hygiene, health and safety and first aid. Scottish Licensed Trade Association
www.highfieldqualifications.com Provides information for the on-trade,
to protect and promote the interests of
licensee members and their staff.
The Royal Environmental Health Institute
of Scotland (REHIS) www.theslta.co.uk
A professional body that promotes
environmental health. It is an awarding Scottish Retail Consortium (SRC)
body for qualifications in food safety and The SRC is the trade association
occupational health and safety. representing the Scottish retail sector
www.rehis.com from large multiples to independents.
www.brc.org.uk/src
Training and resources
Highfield Products Ltd is the UK’s leading Drugs
supplier of compliance training materials This website provides help and support of
and produces resources for Scottish drug issues including an informative A - Z
licensing training. of drugs section.
www.highfield.co.uk www.knowthescore.info
The Scottish Government Drinkaware

This website provides information on Useful information about alcohol and
alcohol policy, minimum unit pricing drinking including a unit calculator.
and partnership working.
www.drinkaware.co.uk
www.scotland.gov.uk/topics/health/
services/alcohol
The Portman Group
Alcohol Focus Scotland The Portman Group regulates alcohol
marketing in the UK and represents drinks
Alcohol Focus Scotland provides producers. They produce codes of practice
information, statistics, reports and briefings on the naming, packaging and promotion
on alcohol issues. It aims to prevent and of alcoholic drinks.
reduce alcohol-related harm.
www.portmangroup.org.uk
www.alcohol-focus-scotland.org.uk
Best Bar None Scotland

Scottish Grocers’ Federation
Details of schemes operating in some areas
SGF supports the Scottish convenience which focus on safety and customer care.
store sector.
www.bbnscotland.co.uk
www.sgfscot.co.uk

Appendix 2
Licensing staff training record

Appendix 3
A glossary of terms to help you during your study
ABV An abbreviation of ‘alcohol by volume’, the percentage of pure alcohol

by volume of liquid. The higher the abv, the stronger the drink.
Activity An event or other things which take place in or on licensed premises

apart from the sale of alcohol, for example, dancing.
Alcohol A product containing more than 0.5% abv.
Alcohol-free/no-alcohol A drink containing 0.05% abv or less.
Appeal The right to challenge a licensing decision by appealing to the sheriff

or sheriff principal for the area.
Binge drinking Consuming a large quantity of alcohol in one session or over a short
period of time, often associated with drunkenness and disorderly
behaviour.
Closure order An order to close a licensed premises or all licensed premises in an area
to prevent disorder requested by the police and granted by the licensing
board.
Condition A rule or restriction on what licensed premises can do and how alcohol
must be sold. Mandatory conditions apply to all premises, discretionary
conditions are imposed on a particular premises and local conditions
affect all premises or types of premises in an area.
Conflict resolution The implementation of strategies to avoid potential conflict situations

escalating into violence.
Convicted When a person has been found guilty of a criminal offence by a court.
Core hours The times during which alcohol can be sold on or from the premises.
Disabled access and A description of the accessibility to, from and within licensed premises
facilities statement by people with disabilities; the facilities that are provided and any other
provisions for them.
Disorderly conduct Unacceptable, violent, threatening or abusive behaviour or language

often associated with drunken persons.
Due diligence A defence against prosecution if all reasonable steps were taken
to avoid breaking the law.
Endorsement Similar to a driving licence endorsement, an endorsement is a note on a

personal licence following a review hearing. Endorsements last for five
years.
Enforcement Action by police, LSO’s, etc. to compel compliance with licensing

and other relevant laws.
Exclusion order A court instruction banning a convicted person from entering particular
licensed premises or other licensed premises.
Exemption Where no breach of the law takes place due to a specific freedom from
legal or other obligations.

Appendix 3
Hearing An official investigation carried out by licensing boards to make
decisions on licence applications, licence reviews and to determine
policy.
Intoxicating substance A substance that, when consumed, can result in loss of self-control.
Irrelevant representation An objection that is not directly relevant to the application.
Irresponsible promotions The type of promotions that are illegal as they encourage the
overconsumption of alcohol, underage drinking and may contribute
to antisocial behaviour.
Layout plan An accurate plan showing how premises are arranged, where alcohol
will be sold or displayed (off-sales) and where activities described in
the operating plan will take place.
Licensing (Scotland) Act 2005 An Act of the Scottish Parliament regulating licensed premises
and controlling where and when alcohol is consumed.
Licensed hours These are the times during which alcohol can be sold and when the
consumption of alcohol can take place on on-licensed premises.
Licensing board A body made up of elected councillors making decisions on licensing

applications, regulating standards and setting out licensing policies
in a particular area.
Licensing objectives These are the five fundamental principles upon which the licensing
system is based. They are:
• preventing crime and disorder
• securing public safety
• preventing public nuisance
• protecting and improving public health
• protecting children from harm
Licensing standards officer An official (an LSO) whose role is to provide advice, information and
guidance and take action if licence holders operate contrary to the
licensing objectives.
Licensing policy Published by each licensing board every 5 years showing how the board
intends to promote the licensing objectives.
Low-alcohol A drink containing 1.2% abv or below.
Mandatory training The compulsory training requirements for personal licence holders
and staff selling and serving alcohol according to licensing legislation.
Minimum unit pricing (MUP) The lowest price per unit of alcohol at which alcoholic drinks can be sold.
Minimum price per unit (MPU) In Scotland the MPU is 50p.
Occasional licence Allows the sale of alcohol on unlicensed premises for special events.
Allows members’ clubs to sell alcohol to the public.
Off-sales The sale of alcohol for consumption off the premises.
On-sales The sale of alcohol for consumption on the premises.

Appendix 3
Operating plan A description of how the premises must be operated and managed.
PASS Proof of Age Standards Scheme, a standard for proof-of-age card

schemes.
Proof-of-age An acceptable document that provides proof of a customer’s age.
Premises manager A personal licence holder who is named on the premises licence
and is the main point of accountability.
Personal licence Granted to an individual by the licensing board allowing them to

supervise or authorise the sale of alcohol on licensed premises.
PLH This stands for personal licence holder: a person holding a licence
who is able to supervise or authorise the sale of alcohol.
Premises licence A licence granted by the licensing board to permit the permanent sale
of alcohol on the premises.
Refresher training A knowledge update which all personal licence holders must complete
within the first 5 years of holding a licence.
Responsible promotion Marketing effort to develop business or boost trade in a well-managed

and responsible way.
Retail sale of alcohol Where alcohol is sold or supplied directly to a person.
Revoke To cancel or remove a licence from a person or premises.
Review The formal assessment of a premises or personal licence by the licensing

board at a hearing.
Risk assessment An examination of potential hazards against the licensing objectives

and identification of measures to reduce the risks.
SCPLH Stands for Scottish Certificate for Personal Licence Holders and is the
certificate needed before making a personal licence application.
Spent convictions Convictions that, after a certain time has elapsed, are no longer relevant
under the terms of the Rehabilitation of Offenders Act 1974.
Statutory Something required or permitted according to the law. Statutory bodies

are those permitted to enforce or investigate compliance
with legislation.
Table meal Food items on a plate provided to customers away from the home
and eaten at a table. Not a snack.
Test purchasing An attempted purchase of age-restricted products by an under-18-year-

old, organised and supervised by the police.
Unit of alcohol 8 grams or 10 ml of pure alcohol (ethanol). The number of units in a

drink is calculated using the volume of the drink (millilitres) x abv x
0.001.
Variation An application to the licensing board by a premises licence holder
to change or vary an existing premises licence.
Wholesale of alcohol The sale or supply of alcohol from one business to another and excluded
from the Licensing (Scotland) Act 2005.

Notes

Notes

Notes

Licensing
Course Book
(Scotland)
Nicola Baylis & Janet Hood
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The publisher of this book has made every effort to

A global leader in compliance and work-based

2 Licensing Course Book (SCPLH)

Chapter 9: Responsible alcohol retailing

Licensing Course Book (SCPLH) 3

Meet the authors

Nicola Baylis Janet Hood

4 Licensing Course Book (SCPLH)

How to use the Licensing Course Book

Licensing Course Book (SCPLH) 5

Reasons for and importance of the The strength of an alcoholic drink is

Aims of the Act and framework protecting and improving

6 Licensing Course Book (SCPLH)

Licensing objective Factors to consider Measures

Protecting and No irresponsible alcohol Availability of alcohol-free, low-alcohol soft drinks

Licensing Course Book (SCPLH) 7

8 Licensing Course Book (SCPLH)

Licensing Course Book (SCPLH) 9

10 Licensing Course Book (SCPLH)

Statutory body Roles and powers

Licensing Course Book (SCPLH) 11

12 Licensing Course Book (SCPLH)

Background Where to apply

Licensing Course Book (SCPLH) 13

Figure 1: Illustrates the application and notification process.

The board must grant your application if

14 Licensing Course Book (SCPLH)

Yes Are all eligibility criteria met? No

Does the chief constable

Are there relevant or foreign convictions?

Licensing Course Book (SCPLH) 15

16 Licensing Course Book (SCPLH)

Licensing Course Book (SCPLH) 17

18 Licensing Course Book (SCPLH)

The purpose of a premises licence A new premises licence application must

Licensing Course Book (SCPLH) 19

Activities – where and when

On-sales, off-sales or both (if both, hours may differ)

On-sales Off-sales Both

Licensed hours (these may be different for different days)

Mon Wed Fri Sun

Tues Thurs Sat

Policy on access by children and young persons

How is information in the operating plan communicated to managers and staff?

20 Licensing Course Book (SCPLH)

• where activities will take place • the layout plan

Licensing Course Book (SCPLH) 21

22 Licensing Course Book (SCPLH)

Running the premises’ Definition

Licensing Course Book (SCPLH) 23

An example of a risk assessment against 2 of the licensing objectives.

24 Licensing Course Book (SCPLH)

Internal communication and reporting procedures

Closing time procedure