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Llicensing Law Flashcards

(71 cards)

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1
Q

What are the aims of the acts and framework

A

It aims to protect people from crime and disorder associated with over consumption of alcohol

Protect the rights of those who drink in a responsible and sensible way

Allow monitoring of license premises and provide strong Enforcement laws

Support alcohol retailers for trade in a responsible way

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2
Q

What are the three main themes and preventing harm

A

Reducing consumption

Positive attitude positive choices

Supporting families and communities

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3
Q

The meaning of alcohol

A

Alcohol includes spirits wine beer cider or any other fermented distilled or spiritus liquor including Angus story better with an alcohol strength of over 0.5 alcohol by volume

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4
Q

What are the five licensing objectives

A
  1. preventing crime and disorder
  2. security and public safety
  3. preventing public nuisance
  4. Protecting and improving public health
  5. Protecting children and young persons from harm
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5
Q

What do licensing board do

A

Promote the licensing objectives when producing the statement of license policy and then carrying out their duties

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6
Q

Licensing standard officers LSO

A

Provide information and guidance to license premises

take action If premises are not operating to the licensing objectives

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7
Q

What are license holders

A

They implement good working practices to promote the licensing objectives and ensure all staff are appropriately and regularly trained and supervised

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8
Q

What must staff on license premises be aware of

A

They must be aware of their responsibilities to prevent disorder an underage sales and implement policies and procedures that promote the licensing objectives

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9
Q

What is the sale of alcohol

A

An exchange of money or a batter for alcohol when alcohol is included in the price of goods and services

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10
Q

What is an unsolicited sale

A

An unsolicited sales is when alcohol is sold without an appropriate license

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11
Q

What is a personal license

A

Granted to individuals to supervise and authorise the sale of alcohol on license premises a personal license holder must be appointed as the premises manager on the premises

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12
Q

What is a premises licence

A

Granted to allow the permanent sale of alcohol to take place on a premises

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13
Q

What is an occasional license

A

Granted to cover sales of alcohol on premises not otherwise covered by a premises license for a maximum of 14 days these applications are usually used unlicensed premise but can be used to fill in the gap between applications and grant of the premises licence

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14
Q

How many licensing boards are there in Scotland

A

32

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15
Q

What do Licensing Boards do

A

Make decisions on license applications

Regulate standards

And set out licensing policies and that areas

Determine applications for premises licenses variations and transfers

Process personal license applications revision notifications or renewals

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16
Q

How often does a board publish a statement of license policy

A

Every five years

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17
Q

When developing a policy boards must

A

Consider the views of consultees including reps of personal and premise license holders and the local licensing for

Take into account guidance issued by the Scottish government

Considered the views of health boards

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18
Q

Why is it important to have an assessment of overprovisiom

A

To assess whether there are too many license premises or particular types of license premises in the area

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19
Q

Who must they consult

A

The chief constable, health boards, premises license orders and local residents. The board may seek responses from the public by publishing details on their website

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20
Q

Why an annual report

A

Boards must produce and publish an annual report explaining their approach to the licensing objectives and licensing policy throughout the year including a summary of the decision made a number of licenses held

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21
Q

What are hearings

A

Hearings consider new license applications, major variations, review applications, application subject to objections or representations and other matters such as approving policies.

At a hearing they can refuse applications, revoke, suspend or vary the conditions of a premises license

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22
Q

What is a closure order

A

A closure order can be enforced by a police officer or the rank of an inspector or above the closure of the premises is an interest of public safety

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23
Q

What is the role of an LSO

A

Giving advice and guidance

Providing information

Mediation

Ensuring compliance

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24
Q

Staff must comply with LSO rules, why

A

To provide assistance by answering questions, providing information and producing documents when requested. An LSO all may remove articles and documents from the premises but a receipt must be given

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25
Who has the power of entry
Police, trading standards, environmental health, fire service, HMRC enforcement customs and excise, immigration
26
What records are kept in the complains folder
Refusal logs, entry verification policies, authorisations to sell alcohol, incident reports, security policies, copy of the premises licence, Copy of personal licenses held by staff, statutory staff training records
27
What is a personal license and what does a permit holders do
It’s a license granted to an individual that allows a holder to sell alcohol They supervise the sale of alcohol in accordance with a valid premises or occasional license Authorise such sales either specifically or generally Carry out two hours of mandatory staff training
28
Who can apply for a personal license
A person who is 18 year old Who is an accredited licensing qualification the Scottish certificate for personal license holders Has not had a personal license revoked within the past five years Does not already hold another personal license
29
Where do you apply
You must apply to the licensing board where you live
30
How do you apply
complete & personal license application form Include a copy of your SCP LH 2 passports photographs one must be endorsed on the back The appropriate fee currently £50
31
What happens when the board received your application
They must send a copy to the chief constable and LSO
32
What happens if the chief constable refuses
The board must hold a hearing to decide whether or not to grant your application
33
What happens if during the application process your convicted of a relevant for an offence
You must inform the board no later than one month after the day of conviction
34
What is the lifespan of a personal license
10 years with the possibility of renewal for her further period of 10 it has to be refreshed every five years
35
Why must you complete refresher training
It’s a duty that all personal license holders must undertake mandatory refresher training within the first five years of holding a license and five years after reaching you at this point you will need to complete in person accredited SEP LH refresher course it must be three months prior to the expiry of five years
36
What is the duties of a personal license holder
Inform the licensing board of a change of name and address within 1 month of the change You must produce your personal license when requested by a police constable and an LSO Notify the relevant license board and the board for the area where you work any convictions for any relevant convictions
37
If you were charged with an offence what must you tell the court
Details of the offence Date of the court hearing Caught up which the matter was determined Penalty
38
What do you do if your personal license is lost stolen
You must notify the police and the relevant licensing board and apply for a replacement
39
What are the grounds for the review of a personal license
hold a hearing to decide which of the following actions to take Revoke the license Suspended license for up to 6 months Endorse the license
40
How long does an endorsement last
Five years after which time an application may be made to remove them
41
What is the purpose of a premises licence
A premises license allows the sale of alcohol on or from the premises. It is granted by a license board authorising the sale of alcohol on and/or from the premises
42
What is the premises licence
Details of the premises license holder A description of the premises An operating plan Silo plan Details of the premises manager Specific license conditions
43
What is the purpose and contents of the operating plan
It describes how the premises must be operated including Which activities will take place where and when Opening hours and times alcohol will be sold Policies on access by children and young persons Whether sales of alcohol after consumption on or off the premises Information on capacity
44
What is a type of variation application
To request a change the operating plan, layout plan or any other aspect of the premises licence
45
What is an occasional license
It allows the sale of alcohol on unlicensed premises, often for special events for a period of no more than 14 days
46
What must the premises license holder inform the board within seven days
Cease to be employed at the premises Become incapable Die Have their personal license revoked or suspended
47
The premises license holder or connected persons must notify the board within one month of
Change the name of address A change of name and address of the premises manager A change of name and address of a connected person A person becoming or seem to be connected person to the license holder
48
What does vicarious liability mean
It means the premise license holder may be prosecuted for an offence committed by employee unless its able to prove They did not know the offence has been committed They exercised due diligence to prevent the offence being committed
49
What examples would you put on a risk assessment
Preventing public nuisance Protecting children from harn
50
What are mandatory conditions to all licensed premises
The sale of alcohol and other activities must take place in compliance with operating plan Alcohol may only be sold by a premises manager holding a valid personal license is appointed Alcohol sales must be supervised or authorise either generally were specifically by the premises manager personal license holder of the responsible person Every individual must receive two hours mandatory training before selling or saving alcohol Responsible promotion of alcohol must never take please No supply of alcoholic drinks free of charge order a reduced rate Requirement for a need verification policy in relation to the sale of alcohol to those who appear under the age of 25 The annual fee for the premises license must be paid on time Place for alcoholic drinks is 50p per unit of alcohol
51
What are the mandatory conditions that apply only to on sales
The price of any alcohol products may be changed to vary at the start of the period of licensed hours. No alcohol product price can be changed within 72 hours of that price variation Drinking water must be available free of charge for non-alcoholic soft drinks available at a reasonable price members clubs to admit children under five must provide baby changing facilities assessable by both females and males Premises except members clubs children under five must provide baby changing facilities assessable by both males and
52
What are the mandatory conditions apply only to the of sales
Minimum price for multi pack products containing alcohol a pack of two and more alcohol products must be sold at a price at least equal to a more than the price of a single product to each is sold separately on the premises. For example if a single bottle of lager is priced at £1.20 and multi pack containing six of the same bottles must be on sale for at least £7.20 Restrictions on what alcohol may be displayed for Offsales do you line Location of of sales drinks promotions are restricted to the alcohol display area or room otherwise not within 200 m of the Boundry of the premises Restrictions apply to any some or all alcohol products that may be changed at the start of the day sweetie. Very price of the product or those products must be maintained for 72 hours
53
Late opening premises operating between one and five must have a person trained in what
First aid And be on duty during these times
54
What other conditions apply
Live or recorded music exceeding 85 dB Profession for dancing or adult entertainment More customers standing then seated Capacity for at least 250 people
55
What other mandatory conditions apply
The presence of a personal license holder Staff and your team must be trained and be able to deal with misuse of drugs policy One member of staff must be allocated to check toilets
56
What is the minimum price of alcohol
50p
57
How is the minimum price of alcohol calculated
MUP is calculated using the formula MPU x strength x volume x 100
58
What is irresponsible
Promoting drinks that will appeal to under 18s Time limited discounts such as happier is to boost business during quiet period Encourage purchase of a quality alcohol Encourage customers to drink quickly to gain a discount reward or prize Giving alcohol as a prize unless in a sealed container for consumption of the premises
59
Of sales restrictions
Can only be displayed in either a single area of the premises as agreed between the board and the premises license holder And a single area of the premises to which the public have no access such as behind a service counter or an unlocked display cupboard
60
Members clubs have different rules such as
There is no requirement for a premises manager The sale of alcohol to be authorised or supervised by a personal license order A members club can apply for the location of license to cover the sale of alcohol from the premises to the public for a special event
61
What are the rules of drinking up time
Customers are allowed up to 15 minutes after the end of the license period to finish drinking alcohol as long as alcohol was purchased during the licensed hours
62
What are the rules for Carry outs
Esther premises licence for Offsales customers are allowed to take away sealed containers of alcohol from the license premises within 15 minutes of the end of the of sales license hours
63
Alcohol with a meal
Alcohol must be consumed within 30 minutes of the end of the license period
64
How long does an extension to license hours last
Can only apply for one month
65
Sale of alcohol to a drunken person
It is an offence to Sellar self alcohol
66
Buying alcohol for someone who is underage
It is an offence for a person to buy an attempt to buy alcohol for someone underage
67
Drunken person on license premises
. It is an offence for the premises manager and/or staff on license be drunk on license premises
68
What is a premises license review
These can be carried out at any time and anyone me request a review specifying the alleged grounds for a review
69
What are premises licence hearings
Premise license holder is not considered a fit and proper person The premise license conditions have been breached One more of the licensing ovhectives have been breached
70
What is an Exclusion order
A premise license request an exclusion order to prevent a person convicted of an offence on or in the vicinity of the license premises from entering the premises without consent for between three months and two years request must be made to the court that convicted person within six weeks of the day of conviction
71
Do you have to give a reason to ban
No reason needs to be provided as long as it’s not done in an discriminatory manner

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