East Lothian Licensing Forum
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HOUSEBREAKING ALERT
  Over the course of the last few weeks there has been an increase in incidences of break-ins to Sports Clubs (particularly bowling clubs) and Licensed Premises in the Lothian and Scottish Border area. Police Scotland is committed to tackling thefts from these premises.  We are determined to reduce this type of crime by targeting and arresting offenders; to this end we need the help of the community.
 
Sports Clubs and Licensed Premises can be targeted in the run up to the festive period, as they often hold extra stock that is desirable to criminals. To help us fight this type of crime and protect your business and those of your neighbours you can:
 
  • Report anything unusual, occupants of unfamiliar vehicles or people acting suspiciously.
  • Note any descriptions of suspicious persons or vehicles, including vehicle registration numbers
  • Consider using security lighting to illuminate high-risk areas
  • Ensure your locks are tested to British Standard and that they comply with your insurance.
  • Window locks should be fitted where appropriate.
  • Desirable items, such as alcohol, laptop computers, mobile phones and iPods are favourite items for criminals. Try to avoid leaving these types of items on view.
  • Avoid keeping large quantities of cash on your premises and bank monies on a regular basis.    A safe securely fixed to the fabric of the building can be used for storing cash in the short term. .
  • Consider installing an intruder alarm system.  More information can be found on alarm systems and monitoring at www.nsi.org.uk
  • If you have an intruder alarm, ensure that the alarm is set and doors and windows are locked and secure when you leave your premises unoccupied.
 
When leaving your premises, just take a few moments to check that all windows and doors are locked and secured, that you have set your intruder alarm and removed any desirable items out of sight.
 
Police Scotland can be contacted on 101 or in an emergency 999 or you can report anonymously to Crimestoppers on 0800-555-111
 General Extensions To Licensing Hours

STATEMENT OF EXTENSION OF HOURS  - FESTIVE  PERIOD  2015 

In terms of Section 67 of the Licensing (Scotland) Act 2005, the Board has determined that it is appropriate to grant a general extension of licensed hours for the festive period 2015. This extension will apply LPfrom Friday 11th December 2015 to Monday 4th January 2016 inclusive  and will allow an extension of the terminal hour for the sale of alcohol until 2am.  

This extension will only apply to on-sales and not to off-sales of alcohol.  

There will be no general extensions beyond this although any applications for extended hours outwith the general extension will be considered on a case-by-case basis. It should be noted that such applications will require to be submitted no later than Tuesday 1st December 2015.



Personal Licence - News on Re-applying For Revoked Licences
For full information see
http://news.scotland.gov.uk/News/Alcohol-licence-ban-removed-1bcb.aspx

The Air Weapons and Licensing (Scotland) Act 2015 has now received royal assent and the relief for those who had their Personal Licence revoked has now commenced.

East Lothian Licensing Board agreed at their Board meeting on 27th August 2015 that those persons who had their licences revoked for failing to undertake the required refresher training within five years of the grant of their respective licence, or who failed to notify the Licensing Office that granted the licence within the permitted period, can now re-apply for their personal licence provided they submit the following:

A completed personal Licence application form
A personal licence training certificate.
A refresher training certificate if their personal licence training certificate is dated more than five years before the application.
Two passport style photographs 
The £50 application fee.  

Applications should be sent to the Licensing Office, John Muir House, Haddington, East Lothian EH41 3HA.


Reminder!!

Annual Licensing Fees are due by 1st October each year. Put it in your diary for the beginning of September and prevent a breach of your licence, followed by the hassle of appearing at the Licensing Board to explain why you failed to pay on time and save the bad publicity in the local press.  In 2015 89 failed to pay on time. At the Licensing Board on 26th November 2015 1 licence was revoked, 1 was given a written warning and 1 licence was transfered to new owners. In 2016 action will become even tougher so ensure your licence is protected.


Alcohol Wholsale Registration Scheme - commences 01.10.2015

HMRC is introducing a new scheme to help combat alcohol duty fraud. Criminals are targeting the UK, inserting ‘duty unpaid’ goods into wholesale and retail supply chains. This scheme will help to reduce the estimated £1.3 billion in public money lost each year to this fraud, and lessen the damaging effects of competition from illicit trading on legitimate businesses.

Who is affected?


Anyone who sells, or arranges the sale, of alcohol to other businesses at or after the point at which excise duty becomes due will need to apply to register for this scheme. The types of businesses likely to be affected include:

 manufacturers and other excise traders

 alcohol wholesalers and cash & carrys

 brokers

 auctioneers

Even if you already hold an excise registration(s), you may also need to register for AWRS.

Others who buy alcohol to sell to the consumer, such as retailers, hotels, pubs, restaurants, cafes and clubs (‘trade buyers’) do not need to apply unless they also sell alcohol to other businesses, but from 1 April 2017 they must ensure they only buy alcohol from others approved by HMRC under this scheme.
For more information please read the attached document AWRS



NEW ALCOHOL AND CIVIC LICENSING LAW PASSED 25.06.2015

The Airweapons and Licensing (Scotland) Act 2015 For details please click on the following links: http://news.scotland.gov.uk/News/New-licensing-laws-passed-1aa2.aspx and http://www.andersonstrathern.co.uk/legal-updates/air-weapon-and-licensing-bill-passed-by-scottish-parliament/?utm_source=emerge&utm_medium=email&utm_campaign=FD175549-5951-4EEE-BFAE-892BBF4D8D9C

Important Contact
Have you changed any of your contact details recently - if you have then it is important to ensure that your LSO has the new details to keep you informed of new and ongoing issues.

Gaming Machine Incidents
Last week (29th June 2015) two men went into a pub in Musselburgh High Street and dropped the bandit in suspicious circumstances. The men entered the bar, bought a half pint of lager, went over to the No Deal gaming machine and immediately dropped the jackpot. The barmaid thought one of the men had held a mobile phone to the side of the machine. On leaving the make and registration number of the men’s car was noted and passed to the police.

The following morning a similar incident was detected at a pub in Dunbar and this was also reported to the police. A short time later the same two men from the Musselburgh incident were stopped in the Borders and arrested. When their car was searched, £75 in notes and over £2000 in pound coins was recovered along with 3 mobile phones and a list of premises that have No Deal gaming machines installed.

The men were later released on bail pending further enquiries with Bellfruit and witnesses.

Another pub in Musselburgh now reports (28th July) having been visited by the same men on at least 2 occasions, 2 weeks apart ,when they dropped the No Deal machine jackpot on both occasions.



Best Bar None - Award Winners 2015
The Pine Marten, Dunbar – GOLD Award

The Levenhall Arms, Musselburgh– SILVER Award

The Coalgate, Ormiston – SILVER Award

Golfers Rest -, North Berwick –SILVER Award.

Break-ins to Licensed Premises - January/February /July 2015
Please be aware that numerous licensed premises across East Lothian, especially Musselburgh, Tranent, Gullane and North Berwick, have been the subject of being broken into in the last few weeks. The perpetrators are entering by breaking open rear doors or generally smashing from windows, climbing in, quickly grabbing cigarettes and cash and making off. The majority of these crimes have occurred in the middle of the night.
Break-ins to garage premises in the Musselburgh and Tranent areas have also been rife and may be linked.
Please ensure that your CCTV is operating and recording efficiently and that care is taken in relation to cash retention.

New Food Labelling Legislation 13/12/2014
Alcohol is classed as food therefore this legislation does apply to licensed premises.
Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC) brings together EU rules on general food labelling and nutrition labelling into one piece of legislation. The Food Information (Scotland) Regulations 2014 enable Local Authority Food and Safety Officers in Scotland to enforce the requirements of FIC. The majority of the requirements of the new legislation came into force on 13 December 2014.

Non-prepacked food (which also includes drinks), as provided by mass caterers to their customers in hotels, restaurants and bars, is exempt from most of the general and nutrition labelling requirements under FIC. The only real exception to this is that since 13 December 2014, allergen information must be available for food sold loose or non-prepacked.

The Food Standards Agency (FSA) has produced the booklet Allergen information for loose foods – Advice on the new Food Information Regulations for small and medium food businesses: http://www.food.gov.uk/multimedia/pdfs/publication/loosefoodsleaflet.pdf

The allergen requirements extend to the presence of gluten containing cereals in draught beers and to sulphites which may be present in wines (many bottles carry a ‘contains sulphites’ statement). The requirements of the Regulation could be met by having a prominent sign to state that allergen information is available from suitably trained staff and ensuring that staff members have access to accurate information.

Sign for use in bar areas - bar sign

(The advice contained in the above document should not be taken as an authoritative statement of the law or its interpretation. Only the courts can decide whether in particular circumstances an offence has been committed.)

Further information is available from the East Lothian Council Food and Safety team on telephone - 01620 827365 or email ehts@eastlothian.gov.uk.

Credit Card Knives
Two persons have been found with these offensive weapons on them in the Musselburgh area in December 2014. Prosecutions are to follow. One person has already received a 10 year ban via Pub Watch.

PASS Card - Proof of Age
Three cases of altered and fake PASS cards have been found in Musselburgh in November 2014. The police recommend care in accepting this particular type if identification.

Personal Licence Refresher Training
The first round of PL Refresher training concluded on 30th November 2014. The numbers of licence holders affected are shown below:

Number of reminder letters sent out - 557

Number of intimations of Refresher Course Completion - 297

Number of Surrendered licences – 2 Deceased, 5 surrendered

December 2014 Number of Revocations – 253
January 2015 Number of Revocations - 9
February 2015 Number of Revocations - 8
March 2015 Number of Revocations - 8
April 2015 Number of Revocations - 9
May 2015 Number of Revocations - 10
June 2015 Number of Revocations - 8
July 2015 Number of Revocations - 8
August 2015 Number of Revocations - 9
October 2015 Number of Revocations - 6

Novemeber 2015 Number of Revocations - 3
December 2015 Number of Revocations - 7
Revocations are mandatory under the 2005 Act for failure to comply with the rules on mandatory refresher training and notification.


REDUCTION IN THE DRINK DRIVE LIMIT
With effect from 0001hrs on Friday 5 December 2014 legislation was enacted to reduce the drink drive limit in Scotland. The new limits will be as follows:
• Breath – 22 microgrammes of alcohol in 100 millilitres of breath;
• Blood – 50 milligrammes of alcohol in 100 millilitres of blood; and
• Urine – 67 milligrammes of alcohol in 100 millilitres of urine.
The message is you can no longer take the risk of drinking any alcohol and driving.
Licensees are encouraged to adopt a soft drink price reduction scheme for nominated drivers of groups of customers.

Scottish Government consults on e-cigarettesThe Scottish Government has launched a consultation on the use of e-cigarettes and similar devices including their use in enclosed public places. The consultation is wide ranging and seeks views on any and all subjects relating to this matter, In particular the question of their use in pubs and restaurants looks likely to be dealt with. The current position in Scotland is that e-cigarettes are legal and no offence is committed by their use in a pub. However, it is up to individual operators to decide whether or not to allow them.

 

Legal Highs
Speaking ahead of operation Redwall on Friday 22nd August 2014, Assistant Chief Constable Ruaraidh Nicolson said:          
“Police Scotland remains committed to doing all we can to highlight the
inherent dangers associated with taking New Psychoactive Substances (NPS) or so
called ‘legal highs’.  These substances can contain extremely harmful and
dangerous chemicals.  I would encourage the public not to take NPS.  During the
national day of action on NPS, Police Scotland and partner agencies had over 350
officers and staff carrying out operational and preventative activity across
Scotland to keep our communities safe.”

For more information on drugs and substances click on the following link 
Know The Score

Forum Meeting Dates 2016
Tuesday evenings as follows:  1st March 2016.
The next meeting is at 7pm in the Council Chambers, Town House, Haddington.

Tuesday  - 30th May 2016.
Thursday - 22nd September 2016
Tuesday - 6th December 2016


Annual Licensing Fees are due by 1st October each year.  Put it in your diary for the beginning of September and prevent a breach of your licence, followed by the hassle of appearing at the Licensing Board to explain why you failed to pay on time and save the bad publicity in the local press.


East Lothian Statement of Licensing Policy 2013-2016
The new policy was agreed at the Licensing Board on 24th October 2013. It contains a considerable amount of guidance on the sale and consumption of alcohol across the county and includes a new statement on overprovision. To view the policy click on the following link:
2013-2016 policy

Noise Complaints - If you are disturbed by noise issues concerning any licensed premises you can address the problem by doing any of the following:
~ Contact the Licensed Premises and inform the Manager/Staff on duty and request the problem be resolved.
~ Report the problem to the East Lothian Council Anti-Social Behaviour helpline and Night Time Noise Team  on 08456018518.
~ If serious, report the matter to the police on 101


Proof of Age - Changes as of 1st October 2013
http://www.challenge25.org/proving.html
(i) A passport
(ii) A European Union photocard driving licence
(iii) A Ministry of Defence Form 90 (Defence Identity Card)
(iv) A photographic identity card bearing the national Proof of Age Standards Scheme (PASS) hologram
(v) A national identity card issued by a European Union member state (other than the United Kingdom), Norway, Iceland, Liechtenstein or Switzerland, or
(vi) A Biometric Immigration Document.
As you can see from the above list there have been additions made to the types of proof of age that licensees and their staff can accept. The Scottish Government has left it up to individual premises as to which of these 6 documents they accept.


Sensible Summer Drinking and Health Options
MELDAP says drink safely this summer...

Summer brings family barbecues and picnics, fun-filled trips to the beach and relaxed get-togethers with friends or colleagues. MELDAP says ‘If your plans include alcohol, you should consider the safety risks of mixing summer fun with too much drink. Such risks include drinking for longer, exposure to the sun and an increased risk of dehydration’. For more information about safe summer drinking and the summer safe drinking poster check out the following information and poster.

 

Pubwatch - Want to know more about pubwatch and the registration scheme launched in 2012, then check out the following link - Pubwatch 

Alcohol Etc (Scotland) Act 2010 - Simple and Easy to read guidance on the new sales promotions legislation can be found at the following link - Do's and Dont's From 1st October 2011

Trading Standards - document on weights and measures - click on link to view "Keeping within the law in pubs, restaurants and cafes"

For more information on the foregoing document please contact Trading Standards on 01620827827.

Scottish Licensing Law and Practice  A site that is useful to learn about what is going on in the licensing world and also includes a huge section on frequently asked licensing questions - click here to visit the
SLLP On this site, Jack Cummins, a highly regarded licensing lawyer provides answers to questions posed on the various aspects of Scottish licensing legislation  - link to Q&As -  http://sltn.co.uk/2014/01/22/legal-qa-2/ 

Minimum Pricing European Court Case continues


Minimum pricing update September 2014  

An event was organised by SHAAP and Eurocare in Brussels earlier this month to discuss Scotland's minimum unit pricing policy. View presentations and a video from the event. Scotland's case is being considered by the European Court of Justice and member states and the European Commission have until around 21 October to submit their views on the measure.
 
In its 2015 Manifesto, the BMA is asking all political parties to take decisive action to reduce the affordability and availability of alcohol. As a first step, they want to see a minimum unit price of no less than 50p introduced.

The initial legal challenge to minimum unit pricing brought by the Scotch Whisky Association (SWA) and their European counterparts concluded at the Court of Session on 25th January. Judge Doherty gave his judgement in May. More on the minimum pricing can be found at the SLLP link above.


Use of Nitrous Oxide (Laughing Gas)
The gas is often available at nightclubs, festivals and similar venues to produce a short-lived euphoric hit when inhaled. To find out more about this illegal use select the following link: Laughing Gas  controlled use 
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