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Personal License > Llicensing Law > Flashcards

Llicensing Law Flashcards

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
Q

Who has the power of entry

A

Police, trading standards, environmental health, fire service, HMRC enforcement customs and excise, immigration

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26
Q

What records are kept in the complains folder

A

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

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27
Q

What is a personal license and what does a permit holders do

A

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

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28
Q

Who can apply for a personal license

A

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

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29
Q

Where do you apply

A

You must apply to the licensing board where you live

30
Q

How do you apply

A

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
Q

What happens when the board received your application

A

They must send a copy to the chief constable and LSO

32
Q

What happens if the chief constable refuses

A

The board must hold a hearing to decide whether or not to grant your application

33
Q

What happens if during the application process your convicted of a relevant for an offence

A

You must inform the board no later than one month after the day of conviction

34
Q

What is the lifespan of a personal license

A

10 years with the possibility of renewal for her further period of 10 it has to be refreshed every five years

35
Q

Why must you complete refresher training

A

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
Q

What is the duties of a personal license holder

A

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
Q

If you were charged with an offence what must you tell the court

A

Details of the offence

Date of the court hearing

Caught up which the matter was determined

Penalty

38
Q

What do you do if your personal license is lost stolen

A

You must notify the police and the relevant licensing board and apply for a replacement

39
Q

What are the grounds for the review of a personal license

A

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
Q

How long does an endorsement last

A

Five years after which time an application may be made to remove them

41
Q

What is the purpose of a premises licence

A

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
Q

What is the premises licence

A

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
Q

What is the purpose and contents of the operating plan

A

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
Q

What is a type of variation application

A

To request a change the operating plan, layout plan or any other aspect of the premises licence

45
Q

What is an occasional license

A

It allows the sale of alcohol on unlicensed premises, often for special events for a period of no more than 14 days

46
Q

What must the premises license holder inform the board within seven days

A

Cease to be employed at the premises

Become incapable

Die

Have their personal license revoked or suspended

47
Q

The premises license holder or connected persons must notify the board within one month of

A

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
Q

What does vicarious liability mean

A

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
Q

What examples would you put on a risk assessment

A

Preventing public nuisance

Protecting children from harn

50
Q

What are mandatory conditions to all licensed premises

A

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
Q

What are the mandatory conditions that apply only to on sales

A

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
Q

What are the mandatory conditions apply only to the of sales

A

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
Q

Late opening premises operating between one and five must have a person trained in what

A

First aid And be on duty during these times

54
Q

What other conditions apply

A

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
Q

What other mandatory conditions apply

A

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
Q

What is the minimum price of alcohol

A

50p

57
Q

How is the minimum price of alcohol calculated

A

MUP is calculated using the formula MPU x strength x volume x 100

58
Q

What is irresponsible

A

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
Q

Of sales restrictions

A

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
Q

Members clubs have different rules such as

A

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
Q

What are the rules of drinking up time

A

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
Q

What are the rules for Carry outs

A

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
Q

Alcohol with a meal

A

Alcohol must be consumed within 30 minutes of the end of the license period

64
Q

How long does an extension to license hours last

A

Can only apply for one month

65
Q

Sale of alcohol to a drunken person

A

It is an offence to Sellar self alcohol

66
Q

Buying alcohol for someone who is underage

A

It is an offence for a person to buy an attempt to buy alcohol for someone underage

67
Q

Drunken person on license premises

A

. It is an offence for the premises manager and/or staff on license be drunk on license premises

68
Q

What is a premises license review

A

These can be carried out at any time and anyone me request a review specifying the alleged grounds for a review

69
Q

What are premises licence hearings

A

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
Q

What is an Exclusion order

A

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
Q

Do you have to give a reason to ban

A

No reason needs to be provided as long as it’s not done in an discriminatory manner

Personal License (1 decks)

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