Lesson 2.1 - Licensing, Part 1 Flashcards

1
Q

Under Licensing (Scotland) Act 2005, what are the 5 licensing objectives?

A
  • Preventing crime and disorder
  • Securing public safety
  • Preventing public nuisance
  • Protecting and improving public health
  • Protecting children and young persons from harm
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2
Q

How long is a personal licence valid for?

A

10 years

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3
Q

How often does a holder of a personal licence need to do refresher training?

A

After 5 years

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4
Q

Who do you apply to for a personal licence?

A

The local authority

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5
Q

Who provides the basic training?

A

The Personal Licence Holder

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6
Q

What is the minimum training?

A

2 hours

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7
Q

Who must be on the premises if alcohol is permitted to being sold after 1am?

A

The holder of a Personal Licence

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8
Q

Who can operate on in multiple licenced premises and who can only operate on one?

A

A holder of a personal licence can operate on multiple unless they are named as the Designated Premises Manager on a Premise Licence

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9
Q

What does an operating plan contain?

A
  • A description of activities to be carried out in the premises
  • Times for alcohol to be sold on the premises
  • Whether the alcohol is to be consumed on or off the premises or both
  • Times of other activities in addition to the sale of alcohol
  • Capacity
  • Who the premises manager is
  • A layout of the premises and where alcohol will be displayed
  • Such other information in relation to the premises and the activities to be carried on there as many be prescribed
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10
Q

What does an operating plan contain in regards to children where alcohol is to be sold for consumption on the premises?

A
  • The ages to be allowed entry
  • The times they are allowed entry
  • The areas of the premises they are allowed entry
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11
Q

What does an operating place contain in regards to alcohol being consumed on and off the premises?

A
  • The times for the sale of alcohol for consumption on the premises
  • The times for the sale of alcohol for the consumption off the premises
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12
Q

When the Premises Manager leaves, how long after must the licensing board be advised?

A

7 days

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13
Q

When a new Premises Manager has been appointed, how long after should an application be sent to the Licensing Board?

A

6 weeks

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14
Q

What are the 3 core licensing hours?

A
  • Licensed Hours
  • On Sale Hours
  • Off Sale Hours
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15
Q

What does S63 of the Licensing (Scotland) Act 2005 create and offence for out with licensed hours?

A
  • Sell or allow alcohol to be sold on licensed premises
  • Allow alcohol to be consumed on licensed premises
  • Allows alcohol to be taken from licensed premises
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16
Q

What are the exemptions for S63 of the Licensing (Scotland) Act 2005?

A
  • The alcohol is consumed at any time within 15 minutes of the end of licensed hours
  • The alcohol taken was sold during the licensed hours and the alcohol is not in an open container
  • The person consuming the alcohol or taking the alcohol from the premises resides on the premises or is a guest of a person who resides on the premises
  • The consumption is with a meal within 30 minutes of the end of the licensed hours if the alcohol was sold during the licensed hours
  • The sale is to a person who is a trader for the purpose of the person’s trade
  • The sale is to a person for supply to or on any premises occupied by the Armed Forces
17
Q

What are the mandatory conditions?

A
  • Alcohol is sold only in accordance with operating plan
  • Any activity carried on in the premises in accordance with the operating plan e.g. bingo, televised sport, conferences
  • Al staff involved in serving or dispensing must have under gone a period of “in house training” including the challenge 25 policies
  • No variation of price at which alcohol is sold before expiry of 72 hours from the start of the variation. (If the alcohol price is temporarily changed it cannot be altered for 72 hours)
  • No irresponsible drinks promotions e.g. “two for one”
  • Alcohol must not be sold on the premise at a price below its minimum price per unit as specified by Scottish ministers
18
Q

What are the Late Opening conditions where a premise has a capacity of at 250 and regularly provides music, facilities for dancing or adult entertainment and when fully occupied are likely to have more standing than seated?

A
  • A Personal Licence Holder must be present on the premises from 1am
  • A person trained in First Aid must be present
  • Written policies in existence regarding evacuation
  • CCTV installed an approved by the Chief Constable
  • Toilets must be supervised
  • Security Industry Authority Stewards present at all entrances from 1am
19
Q

Section 138 of the Licensing (Scotland) Act 2005 provides police with powers of entry in relation to what?

A
  • License Premise

- Non Licensed Premises