East Lothian Licensing Forum
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Forums News 2017

Overprovision Consultation

East Lothian Licensing Board is duty bound by law to publish a statement of licensing policy every 5 years. Part of this policy must detail the Board's declaration on overprovision, which is a statement on whether we have or have not got enough licensed premises in the County. Have your say by clicking on the short working life consultation on overprovision, which ends 7th January -    Have Your Say

Useful Pub Watch Signs

A selection of 5 Pub Watch signs have been posted on this site available from the menu under 'Useful Signs'

Festive Hours As announced at East Lothian Licensing Board on 26th October 2017


STATEMENT OF EXTENSION OF FESTIVE HOURS 2017
 
 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. This extension will apply from Friday 15th December 2017 until Wednesday 3rd January 2018 inclusive and will allow an extension of the terminal hour for the sale of alcohol during that period 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 1st December.
 
There is no need for licensees to apply for the general extension to 2am. On sales premises can utilise these hours to the extent they considered appropriate.

 

One Punch Campaign

Welcome to the toolkit for the ‘One Punch can ruin two lives’ campaign, which was


rolled out as part of an integrated campaign commencing on 24th August 2017. We
would like your support to help spread the campaign messages and as such this toolkit
contains information which may assist. See the toolkit


Annual Fee Reminder

The Licensing Office will be sending out reminders in the next week that premises licence annual fees are due by no later than 1st October 2017. The fees for many will have gone up due the increase in property rates which came about in April this year.

Payment of the annual fee is a mandatory condition of all premises licences and late payment could lead to licence suspension or revocation.

Best Bar None Awards Applications

The scheme recognises and rewards safe and well managed licensed venues in Scotland. It is free to enter with no added costs to the applicant. Applications forms can be downloaded from the following link - Best Bar None Application Form 2017-18  or obtained from PC Allen Paul, Police Scotland  - allen.paul@scotland.pnn.police.uk or phone 01620827569.

Applications are free and require to be submitted by 31st July 2017.


www.bbnscotland.co.uk

Significant changes to alcohol licensing from 15 May 2017

Monday 15 May saw the implementation of significant changes to Scottish alcohol laws.  Stephen McGowan, TLT Solicitors says "On the face of it, you could be forgiven for seeing the changes as technicalities, but discounting them as such would be a mistake.  Significant changes to the scope of the legislation, in particular the new "fit and proper person test", will undoubtedly have a significant effect on licensing applications not just in theory but in practice". 


The main changes are summarised as follows:

  • The Licensing objective of protecting children from harm has been amended to "protecting children and young persons from harm". This removes any doubt regarding, for example an underage sale to a 16 or 17 year-old.
  • The introduction of the fit and proper person test is arguably the most significant change to the legislation since it commenced in 2009.  Not being fit and proper, in the opinion of the licensing board, is now a ground for refusal in respect of a new licence application, a transfer application, and it is a ground for revocation in a premises licence review and personal licence review. At first blush the changes afford the licensing board a wide margin of appreciation to consider all manner of allegations against a licence holder or licence applicant and only time will tell regarding how licensing boards wield this new power.*
  • The procedure in relation to notifications of relevant offences and foreign offences has been clarified to confirm that the board must, upon receipt of a notice from the Chief Constable that does not include a specific recommendation, decide whether to hold a review or take no further action. This applies to both premises licence and personal licence holders.
  • A new offence will see an adult convicted for buying and supplying alcohol to a child or young person for consumption in a public place.
  • Angostura bitters now falls within the definition of alcohol
  • Licensing Boards must now produce annual reports including financial reports
  • Licensing Standards Officers have been handed new powers including the power to report personal licence holders to the Board for conduct inconsistent with the licensing objectives, this report will trigger a personal licence review.
*A further pending change (which has not yet been commenced) will soon see spent convictions become relevant.  This coupled with the fit and proper person test may see a raft of review requests and objections to licence applications.


Course Dates For Personal Licence Training

MacDonald Licensing, 21a Rutland Square, Edinburgh EH1 2BB have intimated that they will be holding the following courses at their premises:

Full Personal Licence Training Courses -  Wednesday 9th August

Refresher Training Course - Wednesday 23rd August & Tuesday 19th September.

To book a course contact MacDonald Licensing on 01312296181
www.macdonaldlicensing.com

Application For Premises Licences

Please be aware!

Applications for Premises Licences normally take 2 months to reach a determination at East Lothian Licensing Board. HOWEVER, when an application hits a fallow month where there is no Board meeting the determination period can take longer. i.e. application made at the beginning of November will not be heard until the January Licensing Board since there is no Board meeting in every December.

In 2017, there are a number of fallow meeting months due to the local council elections in May,  therefore there are no Board meetings scheduled for April or May.


Things to Remember:
  • Keep your contact details up to date with the LSO.
  • Annual fees are due by 1st October. Put a note in your diary to remind you in September.
  • Personal Licence refresher courses need to be completed within 5 years of date of grant.
  • This is the year of Local Council Elections.
  • Revisions to rateable values are due in April.
  • Holders of Club Premises Licences are required as a condition of their licence to notify the Licensing Board of any changes to the management committee. Such changes frequently happen at AGMs or when an officer bearer moves on or resigns.

Next Forum Meeting
The next meeting will be:

The meeting on Tuesday 4th March 2018 in the Council Chambers, Town House, Haddington.


Upcoming Workshop and support available for East Lothian businesses
The Safe Sale and Service of Alcohol Course

Date: Tuesday 9th May 2017
Time: 9am – 12noon
Venue:  John Muir House, Haddington, Saltire Room 1&2
Cost: Free
We are offering this opportunity FREE to East Lothian Businesses.  This is a three hour course (including the exam) and is designed to meet the requirements of the following  groups of people - both full and part-time staff who serve alcohol in the on and off trade.  This means it covers the legal requirements for training people who work in:- pubs, clubs, hotels, restaurants, shops, off-licences and supermarkets.  This qualification meets the requirements of the Licensing - Training of Staff (Scotland) Regulations 2007.  In reality this means that anyone serving or selling alcohol to the public requires this level of qualification by law.

https://www.eventbrite.com/e/the-safe-sale-and-service-of-alcohol-tickets-32844311219


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