The New Licensing (S) Act 2005
2005 was a landmark year as far as liquor licensing in the UK is concerned. In England the much heralded “all day drinking laws” came into force on 1 December and in Scotland the Licensing (Scotland) Bill was passed on 16 November 2005. We have some time to wait before this new law comes into force as the date for coming into effect has been pushed back to 2009.
The passing of the Scottish Bill, last year, was not without last minute controversy. Perhaps the most fundamental change to the existing Scottish Licensing Law contained in the Bill was the proposal that there would no longer be permitted hours and regular extension of hours during which alcohol may be sold and instead licensed hours would be specified in an operating plan contained in the new form of premises licence. This is the provision which in theory permits 24 hours licences, although the Act makes it clear that such will be granted only in exceptional circumstances. However, at the last minute and amid chaotic scenes, the Scottish Parliament amended the proposals in relation to off-sales and have prohibited sales before 10 am and after 10 pm on any day. This affects public houses and hotel licences as well as off-sales licences, all of which can sell for consumption off the premises. It is a more restrictive measure than currently in force which permits off-sales between 8 am and 10 pm. Whilst some of us might bemoan the fact that our early morning grocery shop may no longer include that week’s alcoholic beverage the amendment was made amid much concern about underage drinking in Scotland and the availability of such drink through off-sales. Quite how retricting sales to after 10.00am helps to achieve that is questionable. The Act does however allow Scottish Ministers to substitute other times for those specified so let us hope they will do so.
The background to the legislation is an appalling set of statistics. The total cost to Scottish society in terms of alcohol misuse is £1.1 billion. In the UK 40% of assailants in violent crimes and 78% of all assaults were reported to have been under the influence of drink and young people in the age group of 16 to 24 years of age in Scotland drink more than any other age group. The policy objectives behind the new Act are to reduce underage drinking, tackle binge drinking and protect and involve communities. The new Act does represent a comprehensive overhaul and the following is an overview of the new provisions.
- There will be a new form of licence – premises licence and personal licence.
- The hours during which alcohol may be sold for consumption on the premises are to be determined by the terms of the premises licence dependent on an operating plan.
- There will be training requirements for both licence holders and their staff if involved in the sale or service of alcohol.
- The price of alcohol is to be fixed for a period of 72 hours.
- New licensing objectives have been promulgated against which the grant or refusal of a licence will be determined.
- Licensing Standard Officers will supervise compliance of conditions and issue enforcement notices.
- There is to be a new system of endorsement, suspension and revocation of licences.
- There will be no outright prohibition on the presence of children within licensed premises.
- There will be control of “irresponsible promotions.”
- “Any person” may object to licence applications.
- Non-alcoholic drinks to be “reasonably priced” and free tap water available on request.
- Sanctions take effect immediately despite an appeal.
For further information please contact Elaine Brailsford