Level 2 Award for Personal Licence Holders (QCF) Handbook for on-sales and off-sales

Transcription

1 Level 2 Award for Personal Licence Holders (QCF) Handbook for on-sales and off-sales

2 The Level 2 Award for Personal Licence Holders (QCF) meets the training requirements of the Licensing Act Fifth edition: February 2016 Fourth edition: April 2015 Third edition: September 2014 Second edition: September 2010 First edition: February 2010 Publication code: DB5342 First published 2010 Published by the Scottish Qualifications Authority The Optima Building, 58 Robertson Street, Glasgow G2 8DQ The information in this publication may be reproduced in support of SQA qualifications. If it is reproduced, SQA should be clearly acknowledged as the source. If it is to be used for any other purpose, then written permission must be obtained from the Communications team at SQA. It must not be reproduced for trade or commercial purposes. Scottish Qualifications Authority 2016 SQA Level 2 Award for Personal Licence Holders (QCF) ii

3 So what s it all about? This handbook has been written to help you pass your Level 2 Award for Personal Licence Holders. The handbook is based upon key parts of the Licensing Act (2003) and follows the training requirements originally set down by the Department for Culture, Media and Sport and subsequent guidance issued by The Home Office. The handbook has been written to accompany your online course. You should carefully read this handbook as part of this course. At the end of the course, you must sit and pass a multiple-choice examination. If you do not pass, you cannot apply for your personal licence and you will have to sit another exam. This handbook contains all the information you need to pass your exam and is divided into the following sections: 1 Introduction to the Licensing Act Issues with alcohol 3 The role of people in licensing 4 Types of licences 5 Licensing law: individuals under 18 6 Control of order 7 Your role as a personal licence holder 8 Alcohol, measures and the Weights and Measures Act Illegal drugs policy and prevention 10 Miscellaneous Acknowledgements Appendix A: Offences committed under the Licensing Act 2003 Appendix B: Relevant offences that could prevent the grant of a personal licence SQA Level 2 Award for Personal Licence Holders (QCF) iii

4 Contents 1 Introduction to the Licensing Act Introduction 1 Licensable activities 2 Definition of alcohol 3 What is a personal licence? 3 What does a personal licence entitle me to do? 4 How long do they last? 4 Licensing objectives and aims 5 2 Issues with alcohol 6 Low risk drinking 7 What is a unit of alcohol? 8 Some common myths about alcohol 10 Consequences of excessive drinking 12 Binge drinking 13 Alcohol Harm Reduction Strategy 14 Alcohol and drink driving 14 3 The role of people in licensing 16 Licensing authorities 16 Statement of licensing policy a rough guide 17 Partnerships 18 Standardised conditions 19 Establishing a licensing committee 20 The role of the licensing committee 20 4 Types of licences and notices 23 Premises licence 24 The application process 26 Consultation 31 The process 32 Hearings 33 Appeals 33 Premises licence review 34 Licence holders review of a premises licence 35 Club premises certificates 36 Temporary Event Notices 38 Personal licences 41 Personal licence holders duties under the 2003 Act 43 5 Licensing law: individuals under Children and admission to licensed premises 46 Sale of alcohol to children and young people 46 Liqueur confectionery 47 Purchase of alcohol by or for a child or young person 48 Age verification policy 49 Proof of age 49 6 Control of order 51 The law relating to drunkenness and disorderly conduct 51 SQA Level 2 Award for Personal Licence Holders (QCF) iv

5 7 Your role as a personal licence holder 55 Customer service 55 Best practice in refusing service 57 Dealing with conflict 58 Responsible and Irresponsible Alcohol Promotions 59 Pubwatch/Retailwatch 60 8 Alcohol, measures and the Weights and Measures Act Pre-packaged alcohol 64 Trades Descriptions Act 65 9 Illegal drugs policy and prevention Miscellaneous 70 Relaxation of opening hours for special occasions 70 Prohibition of unauthorised sale of alcohol on moving vehicles 70 Keeping of smuggled goods 70 Social responsibility 71 Associated law 73 Useful links 75 Acknowledgements 76 Appendix A: Offences 78 Appendix B: Relevant offences 86 SQA Level 2 Award for Personal Licence Holders (QCF) v

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7 1 Introduction to the Licensing Act 2003 Introduction In 1751, the painter William Hogarth revealed his latest imaginary work Gin Lane, a depiction of the misuse of alcohol that shocked polite Georgian society. Hogarth was a social campaigner, and Gin Lane was released in order to support the introduction later that year of the Gin Act. For the first time, certain types of alcohol were to be sold only on premises that were licensed to do so. Move forward 252 years and the Licensing Act (2003) has, once again, looked at how alcohol is to be sold and how misuse of alcohol can best be curtailed. The handbook you are reading has been written to help you obtain your Level 2 Award for Personal Licence Holders. If you authorise the sale of alcohol or act as a designated premises supervisor (DPS), you are required by law to hold a personal licence. If reading the handbook has raised some questions, make a note of them and get in touch with your online tutor. It s important that you read and understand the handbook, as you will sit an exam that you must pass if you want to become a personal licence holder. Let s crack on. Good luck! SQA Level 2 Award for Personal Licence Holders (QCF) 1

8 Licensable activities The Licensing Act 2003 (from this point, we will simply call it the Act), only applies where certain licensable activities take place. It is useful to list them for you: the sale by retail of alcohol the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club the provision of regulated entertainment the provision of late night refreshment Let s explain these activities. The sale by retail of alcohol is straightforward. If you sell alcohol as an on-sales (pub, hotel, restaurant etc) or as an off-sales (shop, supermarket etc) then the Act covers all sales that you make. The Act covers the sales, how you sell alcohol, and what your responsibilities are. The supply of alcohol to a member of a club is equally straightforward. A club is one that is run by its members, and the supply of alcohol in clubs is controlled by the Act in a similar way to the rest of the licensed trade. As detailed in Schedule 1 to the Act, the provision of regulated entertainment means the following activities: performance of a play exhibition of a film indoor sporting event boxing or wrestling entertainment a contest, exhibition or display which combines boxing or wrestling with one or more martial arts ( combined fighting sports ) performance of live music any playing of recorded music performance of dance entertainment of a similar description to 6, 7 or 8 However, as a result of changes to regulated entertainment which came into effect on 6 April 2015 a licence to provide regulated entertainment may only be required: if any entertainment takes place between 11 pm and 8 am if amplified live or recorded music is to be provided to an audience of more than 500 people if recorded music is to be provided to an audience on premises not licensed for the sale or supply of alcohol if putting on a play or a dance to an audience of more than 500 people or an indoor sporting event to more than 1,000 spectators for a boxing or wrestling event for screening of a film to an audience Detailed information on whether approval is required to put on certain types of regulated entertainment is available from: SQA Level 2 Award for Personal Licence Holders (QCF) 2

9 Provision of late night refreshment is where hot food and or drink are made available for sale, either for consumption on the premises or to take away. A licence is required if the premises operate between pm and 5.00 am. This licence was introduced in the 2003 Act as a measure that is intended to help regulate such premises. In addition, specific conditions can be attached to these licenses, for example, to regulate noise and/or rubbish (see Schedule 2 to the Act). Definition of alcohol Alcohol is a drug and, as such, is regulated by law. It is defined within the Licensing Act 2003 as: spirits, wine, beer, cider, or any other fermented, distilled or spirituous liquor, but does not include: alcohol which is a strength not exceeding 0.5% (alcohol by volume) at the time of sale or supply perfume flavouring essences (including angostura bitters) alcohol contained within medicines denatured alcohol methyl alcohol naphtha alcohol contained within confectionery What is a personal licence? We will cover personal licences in more detail in section 4 of this handbook, so what follows is a quick summary. Personal licences were introduced as part of the Licensing Act 2003, and are a key part of the licensing law. Personal licences are issued to those who work in the licensed trade, either in on-sales, off-sales or in members clubs, who meet the following criteria, that they: are 18 years of age or over possess a relevant licensing qualification have not forfeited a personal licence within five years of their application have not been convicted of any foreign or relevant offences If you meet all the above criteria, you will be issued with a personal licence. If you fail to meet any of the first three criteria above, any application for a personal licence will be rejected. If you have an unspent conviction for a relevant or foreign offence and the police have not objected to the grant of your application then you may be issued with a personal licence. If the police object to the grant of your application the licensing authority must consider their objection but if they determine that granting your application will not undermine the crime prevention objective you may be issued with a personal licence. SQA Level 2 Award for Personal Licence Holders (QCF) 3

10 What does a personal licence entitle me to do? A personal licence allows you to do the following: to sell and/or authorise the sale of alcohol in England and Wales on premises where there is a premises licence in a manner that supports both the licensing objectives and any specific conditions attached to the premises licence Possession of a personal licence is a requirement of being a designated premises supervisor (DPS). How long do they last? A personal licence lasts indefinitely. You may only ever hold one personal licence. You can surrender your licence at any point should you wish to do so by informing the licensing authority who issued it and sending your licence to them. More of this is covered in section 4. SQA Level 2 Award for Personal Licence Holders (QCF) 4

11 Licensing objectives and aims All the way through this handbook, there are references to the four licensing objectives. These are: the prevention of crime and disorder public safety the prevention of public nuisance the protection of children from harm Think of these as governing principles for how alcohol is sold in England and Wales. It is important that you understand that any activity that happens on a licensed premises, or that you do as a personal licence holder, must support the licensing objectives. Each objective is of equal importance. There are no other statutory licensing objectives, so the promotion of the four objectives is a paramount consideration at all times. Working in the licensing trade you have an opportunity to ensure that you work in a way that helps prevent crime and disorder and public nuisance, protects children from harm and ensures public safety. SQA Level 2 Award for Personal Licence Holders (QCF) 5

12 2 Issues with alcohol As a society we drink alcohol because of its pleasant taste, the social nature of drinking with friends, and because we enjoy the effect of mild intoxication from time to time. Alcohol consumption in moderate amounts poses little or no risk to our health in the long term. Indeed, very moderate consumption of alcohol is a benefit to health for some in our society. However, alcohol is also a drug and in large amounts can be poisonous. Its sale is therefore governed by laws designed to limit its negative effects on individuals and society. If consumed in sufficient quantities, alcohol can cause: intoxication physical and emotional instability a lack of personal responsibility and judgement It can also cause illness: vomiting, headaches, dehydration, hypothermia, and in some cases, death due to alcohol poisoning. Alcohol can also have an impact on our long-term health: hepatitis, cirrhosis, pancreatitis, high blood pressure, obesity, mental health issues, foetal alcohol syndrome, and some forms of cancer. According to the Office for National Statistics, there were 8,416 alcoholrelated deaths in 2013 in the UK, and of these 66% were male. Alcohol can also be addictive and, regrettably, within some people it creates a strong craving and a constant or periodic reliance on the use of SQA Level 2 Award for Personal Licence Holders (QCF) 6

13 alcohol despite its adverse consequences. People who are addicted to alcohol can have an inability to limit their drinking, and to feel the desired effect of the alcohol they need to consume ever-increasing amounts. In order to consume alcohol safely we need to know the facts. Low risk drinking The United Kingdom Chief Medical Officers guidance for both men and women is that: To keep health risks from drinking alcohol to a low level, it is safest not to regularly drink more than 14 units of alcohol per week If someone drinks as much as 14 units of alcohol per week, it is best to spread this evenly over three days or more. One or two heavy drinking sessions increases the risks of long-term illnesses and accidents and injuries The risk of developing a range of illnesses (including, for example, cancers of the mouth, throat and breast) increases with any amount of alcohol consumed on a regular basis Having several drink-free days each week is a good way for someone to cut down on the amount of alcohol they are drinking Single drinking episodes The UK Chief Medical Officers also advise that men and women who wish to keep their short term health risks from a single drinking occasion to a low level can reduce the risks by: Limiting the total amount of alcohol consumed on any one occasion Drinking more slowly, drinking with food and alternating with water Avoiding risky places and activities, making sure they have people they know around them and ensuring they can get home safely Some groups of people are likely to be affected more by alcohol and should be more careful of their level of drinking on any one occasion: Young adults Older people Those with low body weight Those with other health problems Those on medicines or other drugs Alcohol and pregnancy The UK Chief Medical Officers guidance on pregnancy and drinking is: For pregnant women or those planning a pregnancy, to keep risks to the baby to a minimum, the safest approach is not to drink alcohol at all Drinking in pregnancy can lead to long-term harm to the baby and more alcohol consumed the greater the risk SQA Level 2 Award for Personal Licence Holders (QCF) 7

14 What is a unit of alcohol? A unit of alcohol is classed as 10 millilitres (approximately 8 grams) of pure alcohol. To calculate the number of units in any given drink: multiply the volume of the drink in millilitres by the percentage ABV (alcohol by volume) then divide by 1000 So, for a pint of beer with an ABV of 5% the calculation would look like this: The following table shows how many units certain drinks contain. SQA Level 2 Award for Personal Licence Holders (QCF) 8

15 Units of alcohol in drinks Drink Units Units Expressed as % of Guidelines on Weekly Consumption Remember! 125ml measure of wine 175ml measure of wine 50ml measure of sherry or fortified wine Half pint (280ml) measure of beer or lager Pint (568ml) measure of beer or lager 25ml measure of spirits % 2 14% 1 7% 1 7% 2 14% 1 7% Average ABV of wine is 12% but is very variable* Average ABV of wine is 12% but is very variable* Average ABV of sherry and fortified wine is 20% but is variable Beer/lager ABV varies from 3% to 5.5% for strong beer/lager. At 5.5% ABV a half pint equals 1.5 units Beer/lager ABV varies from 3% to 5.5% for strong beer/lager. At 5.5% ABV a pint equals 3 units 35ml commonly used in pub **Red wine usually has a higher ABV than white wine. SQA Level 2 Award for Personal Licence Holders (QCF) 9

16 Some common myths about alcohol Here are some common myths explored: Coffee sobers people up. No. Coffee contains caffeine which is a stimulant. It will make you more alert, but it won t alter the fact that you are intoxicated. I ll be fine in the morning. No! A healthy liver processes about a unit of alcohol an hour. Sleeping does not make your liver break down the alcohol any faster. Do the maths. If you drink one pint of beer an hour for five hours starting at eight o clock, there is a good chance you will still be processing alcohol when you get up in the morning. Beer makes me less drunk than spirits. Well, no. Look at the table on the previous page. Does that seem likely? SQA Level 2 Award for Personal Licence Holders (QCF) 10

17 Drinking lots of water will make me less drunk. Water may make you less dehydrated and that may help with the hangover, but you will be just as intoxicated and your liver will work at the same speed. Everyone drinks more than the recommended limits. No. About 1 in 3 men and 1 in 7 women drink more than the recommended weekly limits. I just need some fresh air and I ll be fine. Fresh air does not alter how fast your body processes alcohol. Alcohol warms you up. Alcohol has exactly the opposite effect. It reduces the core temperature of the body. SQA Level 2 Award for Personal Licence Holders (QCF) 11

18 Consequences of excessive drinking As a responsible personal licence holder, you need to be aware of the impacts of excessive alcohol consumption on individuals, society, and your business. People who drink excessively have an increased risk of: developing an alcohol-related illness being the victim of a crime starting or taking part in a criminal activity causing or being involved in an accident taking part in unplanned sexual activity becoming pregnant developing a sexually transmitted disease Excessive drinking also affects society. Problems include: exposure to violence both in and outside the home no-go areas in our communities relationship difficulties and breakdowns employment and financial problems From a business perspective, if you continuously and knowingly permit excessive alcohol consumption then you not only jeopardise your licence but you also contribute to the negative impacts listed above. In addition, your business is likely to suffer from increased maintenance costs and staff turnover at a time when your profits and personal reputation may be falling. SQA Level 2 Award for Personal Licence Holders (QCF) 12

19 Binge drinking Rather unhelpfully, there is no widely agreed definition of what constitutes binge drinking. The NHS and National Office of Statistics define it as drinking more than double the lower risk guidelines for alcohol in one session. The graph below, again from the ONS, gives an indication of how many people binge drink in Britain. It shows that a proportion of our society drinks excessively on a regular basis. As stated earlier, binge drinking is likely to have a long-term impact upon health and harm the communities we live in. We need to recognise these problems and try to resolve them. As a personal licence holder, you have a role to play in how we consume alcohol in the UK. Percentage of adults whose maximum daily amount of alcohol in the last week was more than the lower risk guidelines by age and gender Household Survey 2007 (c) Office of National Statistics 2009 SQA Level 2 Award for Personal Licence Holders (QCF) 13

20 Alcohol Harm Reduction Strategy In 2004 the Government launched the Alcohol Harm Reduction Strategy. Created to tackle some of the negative aspects of drinking excessive amounts of alcohol, the strategy aims to: tackle alcohol-related disorder in town and city centres improve treatment and support for people with alcohol problems clamp down on irresponsible promotions by the industry provide better information to consumers about the dangers of alcohol misuse Alcohol and drink driving On average around 7,000 people a year are killed or are seriously injured by drink-driving collisions in the UK. Put another way, this accounts for 1 in 6 of all road-related deaths. Drink driving happens in all age groups, but is particularly frequent in young men aged between 17 and 29. The body The legal limit for alcohol in the blood is 80 milligrams per 100 millilitres of blood. There is no failsafe advice on how much anyone can safely drink and drive. How the body deals with alcohol is dependent on gender, weight, metabolism, age, food intake, and the type of drink consumed. All in all, the only really safe message is: Don t drink alcohol if you intend to drive. Remember too, that drinking heavily in the evening may leave someone still over the legal limit for driving the following morning. Anyone affected should not drive. The law Driving or attempting to drive while under the influence of alcohol carries a maximum penalty of six months in prison, an unlimited fine and a ban from driving for at least one year. The offender s licence is endorsed for 11 years, causing no end of problems with insurance and employment, for example. SQA Level 2 Award for Personal Licence Holders (QCF) 14

21 It is illegal to refuse to give a sample of breath, blood, or urine. Anyone who does so may get six months in prison, an unlimited fine and a ban from driving for at least one year. As a personal licence holder, it is important that you understand your responsibilities with regard to drink driving. If you are ever asked, How much is OK to drink before driving? keep to the advice given here and offer a non-alcoholic drink instead. If you think that one of your customers is about to drive having drunk too much alcohol, order them a cab and get them to leave their car. If this doesn t work, you can always tell your customer that you will call the police. As a responsible personal licence holder you do not want to get a reputation for encouraging drink driving, never mind dealing with your own conscience if there is an accident that you could have helped prevent. Further information Go to the website for further information. They have free posters on drink driving that you can order for your establishment should you wish to. It s not all negative! To finish this section it is only fair to point out that the vast majority of people drink safely and wisely, and to recognise that there are many positive aspects to the social and domestic consumption of alcohol. SQA Level 2 Award for Personal Licence Holders (QCF) 15

22 3 The role of people in licensing In this section of the handbook we will look at the different roles of people within the licensing process. This section looks at two main roles: the role of the licensing authority the role of the licensing committee The above roles are linked together under the law. You need to be aware of their different roles and how these can affect you as a personal licence holder. Licensing authorities Licensing authorities exist to manage the licensing process. They have a broad range of responsibilities, including: issuing a statement of licensing policy establishing a licensing committee keeping a register of licences keeping a record of all licences granted and temporary event notices given Before the introduction of the Licensing Act 2003, policy statements were issued by individual licensing authorities. Some did issue policies, but most did not, which led not only to confusion for the licensed trade, but also to a patchy approach in the issuing of licences across England and Wales. Working with others It is important to recognise that the licensing authorities work in close partnership with a variety of groups including the police and representatives of the licensed trade. As such, the authority not only influences those partners, but also its decisions reflect the evidence, advice and guidance of its partners. SQA Level 2 Award for Personal Licence Holders (QCF) 16

23 The licensing authority does not issue the policy before consulting widely with: the chief officer of police for the area the fire and rescue authority for the area each local authority s Director of Public Health (DPH) or Local Health Board (LHB) in Wales for an area any part of which is in the licensing authority s area representatives of premises licence holders representatives of club premises certificate holders representatives of personal licence holders representatives of business and residents in the area The licensing authority is also at liberty to consult with others in their area as they see fit, for example the Community Safety Partnerships, British Transport Police, and even the tourism authorities. The groups consulted will reflect the local area and consequently have an interest in the statement of licensing policy. The licensing authority must publish a statement of its licensing policy at least every five years, but can change it should it need to. It s useful to be aware of the policy statement for your area as it can have an impact on your business. Statement of licensing policy a rough guide All statements of licensing policy have similar content, although the local issues differ widely. A policy statement will begin with the four licensing objectives, and all decisions made within the statement must be consistent with them. Just to refresh your memory, the licensing objectives are: the prevention of crime and disorder public safety the prevention of public nuisance the protection of children from harm Individual merit A statement of policy must not undermine the right of any individual to apply under the terms of the 2003 Act for a variety of permissions and to have any such application considered on its individual merits. Simply put, the licensing authority must consider all applications and consider all evidence for the application, dissenting and supporting, before making a decision. SQA Level 2 Award for Personal Licence Holders (QCF) 17

24 Partnerships Licensing laws are not the only legislation that can affect your business. As such, there is an expectation that you will control order on your premises, but, despite your best intentions, you cannot realistically control what happens outside your premises. The Government advises that the licensing policy statement issues guidance on the enforcement partnerships it intends to use (with the police and environmental health officers for example) in ensuring that anti-social behaviour is controlled. Within this, the policy should also be clear on any specific targeting of agreed high-risk areas. Community Safety Partnerships (CSP) The 1998 Crime and Disorder Act established partnerships between the police, local authorities, probation service, health authorities, the voluntary sector, and local residents and businesses. These partnerships are working to reduce crime and disorder in their areas by: establishing the levels of crime and disorder problems in their areas, and consulting widely with the population of these areas to make sure that the partnership s perception matches that of local people, especially minority groups and members of ethnic minorities devising a strategy containing measures to tackle those priority problems the strategy lasts for three years, but must be kept under review by the partnership Working in premises that sell or serve alcohol, it is possible that you will come across the Community Safety Partnership for your area. As a licence holder, you have an important part to play in controlling order and reducing anti-social behaviour. You should have a read of your local statement of licensing policy if you want to know more about this for your area. SQA Level 2 Award for Personal Licence Holders (QCF) 18

25 Cumulative impact A further area is that of cumulative impact, defined by the Government as the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. In reality, this means that there may be a special policy for areas where there is a history of activity that is unlikely to support the licensing objectives such as excessive drunkenness or violence. That said, the authority must also ensure that every application for a licence is considered fairly on its merits. Just because an authority has concerns about cumulative impact for an area, this does not mean that an application within that area will be rejected, rather that evidence from both sides will be considered before a decision is reached. If you have concerns about your premises being in an area of cumulative impact, there is further guidance available from the Home Office website at under Alcohol Licensing. Standardised conditions There are no standard local licensing authority conditions that will be uniformly applied to licences. The Act tries to ensure that any conditions are tailored around the specific application to ensure that these reflect how the business operates. Just because the next door shop or hotel has a specific condition, don t assume it applies to your business. It s a good idea to ask the business owner or manager if the business licence has any conditions that you need to be aware of. Licensing hours The policy will recognise that flexible trading hours can be useful in controlling aspects of anti-social behaviour and in regulating the demand for other services (ie transport, late-night restaurants or take-aways, etc.). That said, the policy should not try to set staggered hours, but be mindful of these when considering the merits of each application. SQA Level 2 Award for Personal Licence Holders (QCF) 19

26 Children The statement of licensing policy must not seek to limit the access of children to any premises unless it is necessary for the prevention of physical, moral or psychological harm. A statement should highlight the following areas where there is a concern in respect of children, for example: where there is entertainment of an adult or sexual nature where there have been convictions of staff members for selling alcohol to minors or where an establishment has a reputation for underage drinking where there is a known association with drug taking or dealing where there is a strong element of gambling where the supply of alcohol for consumption on the premises is the exclusive purpose of the premises The policy will also include a statement on limiting the access of children where that is necessary for the prevention of harm to children. This could include limiting hours for children s access, areas in premises where children are allowed, or setting age limits for access to premises for those under 18. It s an idea to have a look at the Statement of Licensing Policy for the area in which you work, particularly if you are involved in Premises Licence applications. You can get a copy of this from your local licensing authority. Establishing a licensing committee Each licensing authority must also establish a licensing committee of at least 10, and no more than 15, members of the authority (i.e. elected local councillors). The role of the licensing committee As we have just read, the licensing authority develops and writes the statement of licensing policy. In addition, it also has responsibility for other areas of legislation related to licensing. All other licensing functions are carried out by the licensing committee. The licensing committee (or a sub-committee of three members) deals with the actual personal and premises licence applications but will usually delegate some of its work to an official of the licensing authority. That said, they must deal with any applications that are contentious. The following guidance from the Home Office should help clarify who does what when it comes to applications. SQA Level 2 Award for Personal Licence Holders (QCF) 20

27 Delegation of function Matter to be dealt with Sub Committee Officers Application for a personal licence Application for personal licence with unspent convictions Application for premises licence/club premises certificate Application for provisional statement Application to vary premises licence/club premises certificate Application to vary designated premises supervisor Request to be removed as designated premises supervisor Application for transfer of premises licence If police objection All cases If a relevant representation is made If a relevant representation is made If a relevant representation is made If police objection If police objection If no objection made If no relevant representation made If no relevant representation made If no relevant representation made All other cases All cases All other cases Applications for interim authorities If police objection All other cases Application to review premises licence/club premises certificate Decision on whether a complaint is irrelevant, frivolous, vexatious, etc Decision to object when local authority is a consultee and not the relevant authority considering the application Determination of an objection to a temporary event notice Determination of application to vary premises licence at community premises to include alternative licence condition Decision whether to consult other responsible authorities on minor variation application Determination of minor variation application All cases All cases All cases If police objection All cases All other cases All cases All cases SQA Level 2 Award for Personal Licence Holders (QCF) 21

28 Requirement to keep a register The licensing authority is also required to keep a register of each premises licence, club premises certificate, personal licence, temporary event notice, (or any other matter listed in schedule 3 of the Act) issued by that authority. The licensing authority needs to give access to this register to any person, without charge, during normal office hours. If a copy of any part of the register is made, the licensing authority can charge for this as they see fit. Hearings and appeals Hearings and appeals are additional aspects of the role of the licensing authority. Where a licence application is contentious due to objections being received, then the licensing committee must hold a hearing so that all sides can be heard and take such steps as it considers necessary for the promotion of the licensing objectives. Hearings can apply to both premises and personal licences. When a licensing authority makes a decision regarding any aspect of a licence application (not including personal licences), and this decision is appealed, the appeal takes place in the local magistrates court within 21 days of the decision being notified. There is more regarding appeals in section 4 of this handbook. SQA Level 2 Award for Personal Licence Holders (QCF) 22

29 4 Types of licences and notices Under the Act, there are four types of licence: premises licence club premises certificate temporary event notice personal licence You need to know how all four licences are issued and how they operate even if you only intend to apply for a personal licence. We look at each licence in detail on the following pages, but here is a summary: A premises licence authorises the use of that premises for licensable activities. Premises licences run indefinitely, but they can be revoked or suspended. We cover the reasons later. A club premises certificate is granted to a qualifying club to provide qualifying club activities (ie the sale of alcohol and provision of regulated entertainment). It is granted indefinitely unless it is withdrawn, or suspended. A temporary event notice is where an event organiser gives notice to the licensing authority that a licensable activity is to take place, provided that the duration of the event does not exceed 168 hours. A personal licence is a licence issued to individuals. It lets the holder sell, supervise or authorise the sale of alcohol. You must be 18 or over and hold a relevant licensing qualification. Personal licences run indefinitely, but they can be revoked or suspended. SQA Level 2 Award for Personal Licence Holders (QCF) 23

30 Premises licence Let s begin with a summary of who needs what when it comes to different types of business premises and licences. Type of premises A premises where any licensable activity is to be offered to a member of the public Restaurant, public house, hotel, other residential accommodation (where alcohol is sold) or any other type of place, vehicle or vessel where alcohol is sold or undertakes any licensable activity Any retail premises where alcohol is sold either for consumption on the premises (e.g. in a shop restaurant) or off the premises Any qualifying club where alcohol or licensable activities are to be offered to a member of that club An aircraft, a hovercraft or a railway vehicle A vessel engaged on a national or international trip or ferry service Premises occupied either temporarily or indefinitely by armed forces of the Crown, except where they are used for other purposes A royal palace Moveable structures (e.g. berthed ship) Moving vehicles (e.g. stretched limousines) Premises at motorway service stations Premises used as a garage (selling fuel) Licensing status Premises licence required Premises licence required Premises licence required Club premises certificate Not a licensable activity Not a licensable activity Not a licensable activity Not a licensable activity Classed as premises ie they need a licence Classed as premises ie they need a licence Excluded premises no licence can be granted Excluded premises no licence can be granted except (subject to grandfather rights) where the sale of fuel is combined with that of a local shop and the latter is the primary function of the business. SQA Level 2 Award for Personal Licence Holders (QCF) 24

31 Licensing and garages The 2003 Act largely maintains the position which existed under the Licensing Act 1964; that it is for the licensing authority to decide whether or not any premises are used primarily as a garage. Such decisions under the 1964 Act were commonly based upon an examination of the gross or net turnover of income from non-qualifying products and other products, and this approach allowed a determination of where the majority of income was derived. The approach to establishing primary use so far approved by the courts has been based on an examination of the intensity of use by customers of the premises. For example, if a garage shop in any rural area is used more intensely by customers purchasing other products than by customers purchasing non-qualifying products or services, it may be eligible to seek authority to sell or supply alcohol. This is a fairly specialist area of the Licensing Act, and if you are considering an application for a garage, then it would be advisable to seek legal advice and to speak to the licensing authority. So who can apply for a premises licence? A person who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities to which the application relates. Glad we cleared that one up for you! Let s translate that a little to make things clearer. If your business is concerned with: the sale by retail of alcohol the supply of alcohol to a member of a club the delivery of any entertainment between 11 pm and 8 am providing amplified live or recorded music to an audience of more than 500 people providing recorded music to an audience on premises not licensed for the sale or supply of alcohol putting on a on a performance of a play or a dance to an audience of more than 500 people, or an indoor sporting event to more than 1,000 spectators putting on a boxing or wrestling event screening a film to an audience then you can apply for a premises licence. In addition, you can apply if you are: a recognised club a charity (defined in the Charities Act 1993) the owner of an educational institute health service body an independent hospital (see Care Standards Act 2000) a Chief Officer of Police a person of such other description as may be prescribed SQA Level 2 Award for Personal Licence Holders (QCF) 25

32 The application can be made as an individual person or a company (a body corporate), a partnership and/or a lessee or tenant. For the lessee or tenant it is also possible that the business that owns the building will apply. You apply to the licensing authority that covers the area where the premises are situated. For obvious reasons, the applicant must not be under the age of 18. A premises licence application form can be downloaded from: 2 Mandatory conditions that apply to all premises licences There are six mandatory conditions that apply to all premises in England and Wales authorised to supply alcohol under a premises licence or club premises certificate, these are: No irresponsible promotions to be permitted on the premises (on-sales only) Prohibition of activities that involve alcohol being poured directly into the mouth of a customer by a member of staff (on-sales only) The requirement to provide customers with access to free tap water (on-sales only) The requirement for an age verification policy to be in place in relation to the sale or supply of alcohol (both on and off-sales) The requirement to ensure that small measures are available; ie beer/cider half pint, gin, rum, vodka or whisky 25 ml or 35 ml, still wine in a glass 125 ml (on-sales only) The requirement to ensure that alcohol is not sold below the cost of duty plus VAT (both on and off-sales) Duration of a premises licence A premises licence runs from the moment it is issued until the business is no longer in existence, or: it is issued for a specific time period it is revoked the individual premises holder dies, or becomes incapacitated, or becomes insolvent, or ceases to trade the licence holder surrenders it The application process The application for a premises licence needs to be made to the appropriate licensing authority and, along with the completed application form and fee, needs to be supported by: an operating schedule a plan of the premises SQA Level 2 Award for Personal Licence Holders (QCF) 26

33 information on the person who is to be the designated premises supervisor (DPS) written consent from the person who is to be the designated premises supervisor (DPS) Operating schedules This is essentially a blueprint of what your business does, when it does it and who your customers are. If you have an operating schedule for your business already, read it or ask for a copy of it. If you are to be an effective personal licence holder for your premises, you need to be sure you understand what it is your business does. Remember that the operating schedule needs to refer to the licensing policy for the area. Operating schedules need to include the following: what type of premises it is (shop, hotel, theatre, etc) a description of the business what it does, who it is aimed at etc, but only in a general sense what the licensable activities are for the premises (remember: performance of a play, exhibition of a film, indoor sporting event, boxing or wrestling entertainment, combined sporting event, performance of live music, any playing of recorded music or performance of dance, the sale by retail of alcohol or the supply of alcohol to a member of a club) the times at which the licensable activities are to take place any other times the premises are to be open to the public if the applicant wants a licence for a limited period, the applicant must ask for this and state what period if your premises is involved in the supply of alcohol, you must state if alcohol is for consumption on or off the premises, or both steps you intend to take to promote the licensing objectives: 1 the prevention of crime and disorder 2 public safety 3 the prevention of public nuisance 4 the protection of children from harm Take some time to think about these and consider getting some expert advice or the views of the responsible authorities (explained later). It is possible that the steps you intend to take to promote the licensing objectives form part of the licence that is eventually granted and if the business finds it hard to achieve them, you might find yourself in breach of your licence. Keep this part of the schedule sensible, practical, achievable, realistic and based around knowledge of the business (SPARK)! SQA Level 2 Award for Personal Licence Holders (QCF) 27

34 Risk assessment In order that you promote the licensing objectives effectively, you need a risk assessment of your business activities. This is undertaken before the operating schedule is completed and will show how you intend to deal with any issues that may arise that would not support the licensing objectives. The following areas might arise in your assessment: closing time procedures dispersal policy door security age-related sales policy children s access promotions (responsible/identifying irresponsible) refusal of service policy (practice and record keeping) communications within the premises plans to manage any conflict, drunkenness and disorder noise control management of smoking close circuit television usage external lighting It is not the purpose of this handbook to explore each of these areas in detail. However, if you find yourself responsible for a risk assessment you will want to consider each area and think about how you would deal with them. It is best practice to have a written policy for each area. You should also ensure that staff who work on the premises understand the policies and know how to implement them. If you require further guidance on this area, the Health and Safety Executive has produced a useful guide to risk assessment which is available at Writing an operating schedule If you are involved in writing an operating schedule it might look like a daunting process. Try some of these ideas to help you: 1 Get hold of an existing, approved operating schedule. Look at how things are written down and make notes on how your business operates. 2 Speak to your local licensing authority and ask them if they produce guidance on developing an operating schedule. 3 Speak to other businesses in your area, or your local trade association. You may be surprised at how helpful your colleagues in the trade are with tackling bureaucracy. SPARK how you deal with promotion of the licensing objectives should be sensible, practical, achievable and realistic based on your knowledge of the business. SQA Level 2 Award for Personal Licence Holders (QCF) 28

35 Plans of premises Plans are drawn to a standard scale of 1:100 as a rule, and your plans should be drawn to this scale unless the licensing authority has agreed otherwise. If the licensing authority has agreed another scale, it would be useful to have that agreement in writing before any plans are drawn. There is no need to get plans drawn by a professional, however, the plans should be clear and show all the prescribed information. For example: the boundary of the building, and any external and internal walls of the building, and, if different, the perimeter of the premises the location of points of access to and from the premises and, if different from this, the location of escape routes from the premises where an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol structures (fixed or unfixed) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment where the premises include a stage or raised area, the location and height of each stage or area relative to the floor where the premises include steps, stairs, elevators or lifts, location of the steps, stairs, elevators or lifts in a case where the premises include any room or rooms containing public conveniences, the location of these the location and type of any fire safety and any other safety equipment if the premises have a kitchen, its location If you need to get plans for your premises drawn, it would be useful to speak to the licensing authority and explain what you intend to include in your plans. Check with them that this is acceptable, and ask if there are any additional local requirements. Where possible, get their response to your enquiry in writing as it saves confusion when drawing up your plans, and helps avoid any potential dispute at a later date. Information on plans can be found via the website of your local licensing authority. SQA Level 2 Award for Personal Licence Holders (QCF) 29

36 Designated Premises Supervisors (DPS) Each premises licensed to sell alcohol needs an individual who is named as the Designated Premises Supervisor (DPS) and normally this will be the individual who has day-to-day running of the premises. This individual is named on the premises licence, a summary of which is displayed on the premises. A summary of their role is as follows: To be the point of contact for the licensing authority, police, fire service etc, so that any issues are dealt with effectively and speedily. There can only be one DPS for any one premises, however a DPS can supervise more than one premises. If this is the case, the DPS needs to be certain that the licensing objectives for their named premises are upheld and that each premises is fulfilling both its general and specific licensing conditions. It is fair to comment that all of these could be difficult to achieve if the DPS is not at each of their named premises on a consistent basis. In addition, reflect on whether one DPS for multiple sites is the best way to operate the business given the emphasis placed on the licensing objectives. They must be a personal licence holder and consequently will have achieved a recognised qualification. As previously mentioned, the DPS must give written consent for their role, and this forms part of the application. Police objection and Designated Premises Supervisors The police have the right to object to a new DPS if they feel that the appointment of the individual would undermine the crime prevention objectives. The police would take such an action only where there were strong concerns and where there was a clear proven track record of the proposed DPS not working within the law. In such a circumstance, the licensing authority must hold a hearing at which the suitability of the applicant in relation to the prevention of crime and disorder will be discussed. Both parties have representation and there is a right of appeal by either party. Existing Designated Premises Supervisors and police objection The police may also seek forfeiture or suspension of any personal licence by the courts following the holders conviction for a relevant offence (a full list of relevant offences can be found in Appendix B of this handbook), or for a breach to the licensing law. They also have the right to seek to review a premises licence if they have concerns regarding the performance of the named DPS. If all this seems quite harsh, it is likely that this power will be used only in exceptional circumstances and remember, the way to protect your licence is to make sure you work within the law and uphold the licensing objectives at all times. SQA Level 2 Award for Personal Licence Holders (QCF) 30

37 Consultation There are three groups that you should be aware of when you are considering the premises licence application process. authorised persons these are bodies empowered by the 2003 Act to carry out inspection enforcement roles, for example: officers of the licensing authority fire inspectors inspectors for the Health and Safety Act 1974 environmental health officers interested parties individuals or bodies who are entitled to make representations about a licensing application and may also seek a review of a licence: a person living near the premises a body representing persons living in the vicinity (residents association, parish council etc) a person involved in business in the vicinity a body representing those in business (i.e. a trade association) responsible authorities these are important in the application process, as the applicant must notify them of the application, if submitting their application in writing: the Chief Officer of Police local fire and rescue authority enforcement agency for health and safety environmental health planning authority child protection (the council will indicate who this is) each local authority s Director of Public Health (DPH) in England and Local Health Board (LHG) in Wales weights and measures authority The local licensing policy will give you information about the notice requirements for your area, or you can always speak to the local licensing authority. If submitting the premises licence application electronically, the licensing authority must copy the application to the responsible authorities. Advertisement of the application You have to advertise your application and there are some requirements for this. You must publish a notice in the local paper, or, where there is not one, the local newsletter. SQA Level 2 Award for Personal Licence Holders (QCF) 31

38 You must also display an A4-sized notice on or outside the premises for which the application is being sought. The summary must contain information on: the licensable activity you are offering to the public the proposed hours of opening information on where the application is being made the timescale in which representations can be made Chrybwylliadau i mewn Cymru/Notices in Wales For notices in Wales, licensing authorities are encouraged to ensure that notices are given in both English and Cymraeg, the language of Wales. The process So you have managed to get your application and all the other bits and pieces together. You ve submitted them, made your notifications and put a notice on your premises. What happens next? Determining applications The good news is that there are criteria laid out in law that all applications are measured against. In the vast majority of cases where the application for a new premises licence or an application to vary an existing one has been lawfully made, and there are no representations (objections), then the licensing authority must grant the application to vary or grant a premises licence. Any conditions attached will be in accordance with the operating schedule submitted, alongside any mandatory conditions. Representations (objections) When an application to grant a new licence, or to vary an existing one, is made and representations are received, things are dealt with differently. Representation by a responsible authority (police, fire etc) or by an interested party (people in the area etc) can be made either to support or to object to any application. An objection must not be frivolous or vexatious* and must attempt to establish that the application does not support one or review. It is down to the licensing authority to determine if the representation is relevant, although this decision is subject to judicial review. *There is no definition of these terms in the Act a broad definition of frivolous would be trifling; not serious and vexatious causing annoyance or worry SQA Level 2 Award for Personal Licence Holders (QCF) 32

39 Hearings Where the licensing authority has determined that a representation is relevant, then the Licensing Committee must hold a hearing. Should a situation arise where all the representations are solely in support of an application, the licensing authority may decide not to do so. It is likely, but not required, that the representative authorities will attend any hearing. The hearing must focus on the specific objections, can expand on them, but may not bring any new subject not covered in the initial objection. The hearing must consider the following areas when deciding upon an application: what steps are necessary to promote the licensing objectives the representations made by all the parties regulations governing hearings may be found at the statement of licensing policy that covers the local area The decision is made there and then, and the licensing committee will provide reasons for the decision as well as information regarding any appeal should that be necessary. Reasons for refusal include: activity unlikely to support the licensing objectives issues around the designated named premises supervisor limitation of licensable activities requested Where an application is granted, this may be granted outright, or come with conditions that are considered necessary to support the licensing objectives. Think! If you are involved in the application process or in developing an operating schedule, speak to the representative authorities beforehand if you think that the application might end up in a hearing. Mediation is preferable to a hearing and possible refusal. In addition, speak to your local licensing authority to be sure that your application will meet any local considerations. Appeals From time to time, things don t always go the way we want them to, and premises licence applications are no different. Within the Licensing Act there is provision for an appeal against a decision made by the licensing authority which can be pursued via the magistrates court. There is a timescale for this within 21 days of the decision of the licensing authority. Advice from a qualified legal practitioner who specialises in licensing law would be required. In very rare circumstances, further appeal in the High Court is possible. SQA Level 2 Award for Personal Licence Holders (QCF) 33

40 Premises licence review In theory, a premises licence, once granted, can run indefinitely if no time period is set. Given this, there needs to be a way to review a premises licence once granted should it be required. Normally, a licensing authority cannot trigger a review in itself, and as such, either a responsible authority or an interested party would seek a review. The table below summarises who these potential objectors are. Responsible authority The chief officer of police Local fire and rescue authority Enforcement agency for health and safety Environmental health Interested party A person living in the vicinity of the premises A representative body of such people (eg parish council) A person involved in a business in that area A body representing a person involved in business in that area Planning authority Child protection (the council will indicate who this is) Weights and measures authority Rejection of a review The licensing authority can reject the objection if it is: not relevant to one or more of the licensing objectives Where the objection is made by an interested party, it can be rejected if: it is frivolous and vexatious the ground is a repetition (for example, an issue that has been ruled on previously) and has been made within 12 months of the initial representation In the circumstances above, the licensing authority would issue a notification of rejection to the applicant stating the reasons. Review hearings In circumstances where the ground is applicable to the licensing objectives and is not frivolous or vexatious, then the authority must hold a hearing at which it must consider what steps may be required for the promotion of the licensing objectives. SQA Level 2 Award for Personal Licence Holders (QCF) 34

41 These steps are to: modify the conditions of the licence exclude a licensable activity from the licence remove the Designated Premises Supervisor (DPS) suspend the licence for a period not greater than 3 months revoke the licence add new conditions to the licence amend the conditions of the licence Any changes made won t happen for 21 days after the decision is made to allow time for any appeal to be made. If there is an appeal, changes won t happen while the appeal is ongoing. It s worth considering that any modifications to a licence as part of a review can be temporary or permanent, and as such, could have a dramatic impact upon the business. A business with a carefully considered business plan and operating schedule, which operates at all times in a manner that supports the licensing objectives, will find itself in a far stronger position than one that doesn t. Appeals The holder of the premises licence, the applicant and any other person who made a relevant representation, can appeal the decision of the hearing. The appeal needs to be made within 21 days of the hearing s decision and is made to the local magistrates court. In such circumstances, specialist legal advice should be sought. Licence holders review of a premises licence The holder of a premises licence has the right to apply to the licensing authority for a review of their licence, most probably because they might wish to change the designated premises supervisor, alter the licensing hours or amend the licensable activities that take place on those premises. This is similar to the application process; however, you must also submit the premises licence with the application. Note also that there is a right for both responsible authorities and interested parties to object to the licence once it is under review. Duty to keep and produce the premises licence There is a legal requirement to keep the licence, or a certified copy of it, on the premises under the control of the premises licence holder or of a person working on the premises named in writing for this purpose. There is also a requirement to display a summary of the licence in a prominent position, as well as a further notice stating the name and position of the person or people working on the premises who have charge of the licence. SQA Level 2 Award for Personal Licence Holders (QCF) 35

42 Club premises certificates Clubs are organisations where members have joined together for particular social, sporting or political purposes and then combine to buy alcohol in bulk as members of the organisation to supply the club. That is the definition of a club by the Home Office, and it s a good startingoff point to begin this small section on clubs. Clubs are treated differently in the Licensing Act because they are considered private and not public spaces. With regard to alcohol, technically the members of the club already own the alcohol behind the bar and as such, when we are thinking about clubs, alcohol is supplied to members of a club and not just sold. Qualifying clubs The Act specifies the details for a qualifying club and it is worth being aware of these conditions: the club must have a minimum of 25 members there is a minimum time period of two days between application to join a club and admittance to that club as a member the club is operated in good faith Where there is a desire to supply alcohol to members of the club: a committee of management (aged 18 or over) must be established such a committee must consist of members of the club the above committee must be elected by members of the club benefits (i.e. profits) from the sale of alcohol must go to the club and not any individual Clubs and the 2003 Act Once a club has demonstrated that it meets the requirements of the Act, there are certain exemptions that the club is able to claim. The club has the authority to supply alcohol to its members and sell alcohol to its guests without any member needing a personal licence. The club does not need to specify a Designated Premises Supervisor. The police have more limited rights of entry as club premises are private and not public spaces. The police cannot immediately close club premises for reasons of noise or nuisance (unless the club is operating with a temporary event notice). A magistrate cannot close a club if they expect disorder (for example a home football derby) as they can with other licensed premises in an area. SQA Level 2 Award for Personal Licence Holders (QCF) 36

43 Clubs and premises licences A qualifying club may also apply for a premises licence where it decides to offer its services to the public; for example, where it has an events space open to hire by non-club members on a commercial basis. If a qualifying club decides to apply for a premises licence, then it will need to specify an individual to be the designated premises supervisor and it may only supply alcohol if the supply is made or authorised by a personal licence holder. Clubs and temporary event notices Clubs may also give temporary event notices not totalling more than 12 per year (from January 2016 this will increase to 15 per year). No more than 499 people may attend any event and any single occasion cannot last for more than 168 hours. In such circumstances, the club can sell alcohol to the public and hire out any facilities on a commercial basis. Clubs and licensing applications The process for applying for a club premises certificate is similar to those for a premises licence in that the club must supply the following: an operating schedule similar in regard to that for a premises licence (Detailed consideration should be given on how the club will promote the licensing objectives it is possible that conditions are attached to the club premises certificate based upon this element of the submission.) a plan of the premises rules of the club Similar to a premises licence, a club premises certificate once issued runs indefinitely unless: it is withdrawn by the licensing authority following an application for the review of the certificate the club ceases to be a qualifying club it lapses on surrender by the club If you feel that you require further information on clubs, then speak to your local licensing authority. They are best placed to answer any questions you may have for your local area. SQA Level 2 Award for Personal Licence Holders (QCF) 37

44 Temporary Event Notices A Temporary Event Notice (TEN) is given where an individual or group wishes to undertake a licensable activity (including or excluding the sale of alcohol) on premises not covered by either a club premises certificate or a premises licence. Obviously there are some restrictions within the Act governing temporary event notices; however, the role of temporary event notices is a light-touch method of regulating such events, without drowning them in bureaucracy. Temporary Event Notices limitations Temporary Event Notices (TENs) can be given by an individual or organisation or by a club operating under a club premises certificate The individual, organisation or club does not need to hold a personal licence to give the notice, or to run the event. A TEN can be given up to 12 times in a calendar year for a particular premises (from January 2016 this will increase to 15 per year ) Each temporary event can last up to seven days (168 hours) in duration. The maximum total duration of events authorised by TENs in relation to individual premises is 21 days in a calendar year. There must be a minimum of 24 hours between events on the premises A maximum of 499 people are permitted to attend an occasion where a temporary event notice has been issued. Non-personal licence holders As mentioned previously, you do not need to hold a personal licence to issue a temporary event notice, however, the number you may issue is limited to 5 occasions per year. Personal licence holders Where the individual holds a personal licence, then they may offer a notice for up to 50 occasions per year, each occasion lasting up to seven days (168 hours). There is a limit on the same premises being used by the same personal licence holder 12 notices (from January 2016 this will increase to 15 per year) of no more than 21 days in a calendar year. A personal licence holder can also give notices on premises covered by a premises licence or club premises certificate, but only for ad-hoc events. Notification process The Act states that you must give notice of a minimum of 10 working days for any occasion covered by a temporary event notice. Notice is given to the licensing authority, the police and the Environmental Health Authority (EHA). You may, if you wish, give notice of multiple events, so long as the first of these events meets the notice requirement of 10 days and all the events are in the same police and licensing authority area. SQA Level 2 Award for Personal Licence Holders (QCF) 38

45 A fee is payable for each temporary event notice. Late temporary event notices Late temporary event notices are intended to assist users who, for reasons out with their control, need to arrange an event at short notice. Late temporary event notices can be given up to five working days, but no earlier than nine working days, before the event is due to take place. The number of late temporary events notices that can be given in a calendar year is limited to 10 for a personal licence holder and two for a non-personal licence holder. Late temporary event notices count towards the total number of permitted temporary event notices. Role of the police, the EHA and the licensing authority Once the police and environmental health authority (EHA) receive the notice, they will consider it in view of the licensing objectives. Should the police or EHA take the view that allowing the event will undermine any of the licensing objectives, they will, within three working days of receiving the notice, give notice of objection to both the issuer and the licensing authority. There is an option for the issuer, the police and the EHA to modify the temporary event notice in a way that satisfies the police and/or the EHA so that they withdraw their objection. However, if the objection notice is not withdrawn, the licensing authority must hold a hearing to consider the notice at least 24 hours before the event. Should you find yourself in this situation the advice is to work with the police and EHA to avoid taking it to a hearing. Hearings have unknown outcomes, and working with the police and EHA is a more certain approach. The licensing authority will undertake a number of checks on the notice to make sure that: the premises user holds a personal licence, but has not already given 50 temporary event notices within that calendar year the premises user does not hold a personal licence and has not already given five temporary event notices twelve temporary event notices have not already been served in relation to the premises within that year (or 15 from January 2016) the premises have not already been used for at least 21 days in that calendar year If any of the above are not met the licensing authority will issue a counter notice. If you receive a counter notice, you cannot hold the event. In such circumstances, speak to the licensing authority, as they may be able to offer you further advice. SQA Level 2 Award for Personal Licence Holders (QCF) 39

46 Duty to display the temporary event notice Once granted, you have a duty to display the temporary event notice on the premises where the event is taking place at the time it is taking place. Failure to do so is an offence. Remember that a police constable is entitled to ask to see the notice while the event is running. Temporary event notices are a simple and straightforward method for regulating permitted activities. The licensing authority for your area will be more than happy to answer any questions you might have about completion of the documentation, fees and any technical questions you might have. It is always better to get advice at the outset than to try and tackle a problem at a later stage. A Temporary Event Notice application form can be downloaded from this link: SQA Level 2 Award for Personal Licence Holders (QCF) 40

47 Personal licences If you work in premises that sell alcohol, and you sell and supervise others who sell alcohol, it is likely that you will need to be a personal licence holder. Personal licences permit the holder to authorise the sale of alcohol on premises licensed for the sale of alcohol for consumption on or off the premises. Personal licences are issued by a licensing authority and once granted run indefinitely. Personal Licence applicants must have a licensing qualification approved by the Home Office. Application procedure for personal licences Applying for a personal licence is actually quite straightforward, but there are some things you should know. As mentioned earlier, you apply to the licensing authority for a personal licence. Normally, the licensing authority you apply to would be in the area in which you live, but it doesn t have to be. If you are applying for a personal licence away from your home area, it is likely that you will have to explain your decision to that licensing authority. You may only ever hold one personal licence and you cannot make multiple applications for a personal licence. To apply for a licence you will have to provide the following things: two photographs of yourself, one of which is endorsed as a true likeness by a solicitor or notary, a person of standing in the community, or any individual with a professional qualification your licensing qualification a criminal conviction certificate or criminal record certificate or the results of a subject access search of the police national computer by the National Intelligence Service. (NB a basic disclosure for England and Wales can also be obtained from Disclosure Scotland; for further details look on their website at or call ) You can get further advice on this from your local licensing authority a completed disclosure of criminal convictions and declaration form the fee for the application SQA Level 2 Award for Personal Licence Holders (QCF) 41

48 Granting a licence Once you have submitted all of the above, the licensing authority will grant you a personal licence if: 1. You are 18 years of age or older 2. You possess a licensing qualification 3. You have not forfeited a personal licence within five years of your application 4. You have no relevant or foreign offences If you meet all of the above criteria, then the licensing authority must grant you a licence. If you meet conditions 1, 2 and 3, but not 4, things get a little more complicated. Relevant or foreign offences There is a full list of relevant offences in Appendix B but here is a summary. Relevant offences are: serious crimes crimes involving serious dishonesty crimes involving controlled drugs certain sexual offences drink driving offences created by the 2003 Licensing Act Where any of the offences have been committed outside of England and Wales then they are considered foreign offences. The licensing authority will notify the chief officer of police that the applicant has one or more offences. Within 14 days of notification, the police may issue a notice of objection where they determine that the application would not support the crime prevention objectives. In this case the licensing authority will hold a hearing to consider the objection notice and either reject the application for the licence or grant it. Where the licensing authority grants a licence against the advice of the police, they must issue a notice to the police explaining why. Where no notice of objection is received within 14 days, or the notice is withdrawn, the licensing authority must grant the application. Appeals If a licensing authority decides not to issue a personal licence, then the applicant has a right of appeal to the magistrates court against the decision. This must be done within 21 days of the notification of the licensing authority decision. The police may also appeal a decision to issue a personal licence. SQA Level 2 Award for Personal Licence Holders (QCF) 42

49 The magistrates court will hold a hearing and may decide either to: dismiss the appeal swap the decision made with another decision that the licensing authority could have made remit the case to the licensing authority after telling them how to deal with it make an order regarding costs Personal licence holders duties under the 2003 Act Once the personal licence has been issued, the holder is required to do the following: Duty to notify the licensing authority or court Personal licence holders have a legal duty to inform the licensing authority of a conviction for a relevant offence while their application is being processed. Once the licence has been granted, if the personal licence holder is charged with a relevant offence, they have a duty to inform the court at their first appearance. The court will inform the licensing authority of any conviction. When a licensing authority receives a notification from a court, it should contact the personal licence holder and instruct them to produce their licence to the authority within 14 days If a personal licence holder is convicted of a relevant offence then a court can suspend a licence for up to six months, or require it to be forfeited which can be with immediate effect. Rehabilitation of Offenders Act 1974 Convictions considered spent under the Rehabilitation of Offenders Act (1974) are not considered relevant by the licensing authority. There is no need to know this for the examination; however, the following might be helpful if you are unsure what convictions are spent. There are two types of rehabilitation period: sentences with a buffer period start from the date of conviction and are made up of the original sentence, plus an additional buffer period sentences with no buffer period start from the date of conviction SQA Level 2 Award for Personal Licence Holders (QCF) 43

50 Sentence Prison sentence of over 4 years, or a public protection sentence Prison sentence of over 2½ years and up to and including 4 years. Prison sentence of over than 6 months and up to and including 2½ years Prison sentence of 6 months or less Community order youth rehabilitation order Buffer period for people under the age of 18 when convicted. This applies from the end date of the sentence Never spent 3½ years Buffer period for people over the age of 18 when convicted. This applies from the end date of the sentence Never spent 7 years 2 years 4 years 18 months 2 years 6 months 1 year Sentence Rehabilitation period for people under the age of 18 when convicted Fine 6 months 1 year Rehabilitation period for people over the age of 18 when convicted Conditional discharge Period of the order Period of the order Absolute discharge None None Conditional caution and youth conditional caution Simple caution, youth caution Compensation order 3 months 3 months or when the caution ceases to have effect if earlier Spent immediately On the discharge of the order (ie when it is paid in full) Spent immediately On the discharge of the order (ie when it is paid in full) Binding over order Period of the order Period of the order Attendance centre order Hospital order (with or without a restriction order) Period of the order Period of the order Period of the order Period of the order Referral order Period of the order Not available for adults Reparation order None Not available for adults SQA Level 2 Award for Personal Licence Holders (QCF) 44

51 Remember, this handbook has not been written to give you legal advice and if you have particular questions about your own situation, you can contact the licensing authority, the police or a lawyer for advice before you submit your application. Once the personal licence has been issued, the holder is required to do the following: Notify a change of name and/or address Notify the licensing authority as soon as is reasonably practicable. The holder should submit the licence to the authority for updating. Failure to do this is an offence. Produce the licence upon request If requested by a police constable or other authorised person, the licence holder must produce their licence upon request. This would happen in your place of work and when the holder is authorising the sale of alcohol. Failure to produce the licence is an offence. Notify the licensing authority of convictions If, for whatever reason, the licence holder has not informed the court that they hold a personal licence, then they must inform the licensing authority of the conviction for a relevant and or foreign offence and surrender the licence. Failure to do so is an offence. Offences committed under the Act There are a range of offences that can be committed under the Act, and as a Personal Licence Holder it is useful for you to be aware of them. A full list of these offences can be found in Appendix A. Take a look at them and focus on areas that you are likely to have some responsibility for. Think about how you can help prevent these offences taking place and how you can assist others in your workplace to avoid committing these offences. To finish off this section regarding personal licences, it is important to point out that, for the vast majority of licence holders, the process of applying for a licence is likely to be a very straightforward process. Once you have a personal licence, remember to keep it with you when you are working. In the highly unlikely event of finding yourself being prosecuted for a relevant offence, remember to inform the court through your lawyer that you hold a personal licence. SQA Level 2 Award for Personal Licence Holders (QCF) 45

52 5 Licensing law: individuals under 18 Under the 2003 Act, alcohol is carefully controlled in relation to individuals under the age of 18. There is an expectation that premises licence holders will give serious thought to the suitability of their premises for children s access. Children are not generally excluded from licensed premises. However, where children are to be allowed on premises, the premises licence holder must indicate this through their operating schedule. When the premises licence holder applied for their licence they would have provided very detailed information on how the application supported the licensing objectives. Children and admission to licensed premises There are strict limits to when a child under 16 can be on licensed premises without an accompanying adult. Children under the age of 16, not accompanied by an adult, are not permitted onto licensed premises used primarily or exclusively for the purposes of consuming alcohol whilst open. Children under the age of 16, not accompanied by an adult, are not permitted into establishments licensed for the consumption of alcohol on the premises between the hours of midnight and 5.00 am. Sale of alcohol to children and young people Anyone who sells alcohol to a child commits an offence, unless they believe them to be 18 or over and take reasonable steps to confirm this. Reasonable steps include seeing a passport, a photographic driving licence, or a proof-of-age scheme (PASS) card. You should be aware that forgeries exist. You should decline a sale if you have doubts about the validity of any document and where the person before you might reasonably be under the age of 18. SQA Level 2 Award for Personal Licence Holders (QCF) 46

53 Fines imposed for selling alcohol to individuals under the age of 18 Offence Maximum penalty Persistently selling alcohol to individual under 18 (2 or more times in 3 a month period) Unlimited fine Purchase of alcohol by or on behalf of individual under 18 By a child 1,000 On behalf of a child unlimited fine Consumption of alcohol by an individual under 18 1,000 Delivering alcohol to individual under 18 Unlimited fine Sending an individual under 18 for alcohol Unlimited fine Unsupervised sales by an individual under Liqueur confectionery From 26 May 2015 anyone of any age can buy liqueur confectionery in England and Wales. It is worth noting that although those under the age of 18 may buy liqueur confectionery they may not buy alcohol contained in foodstuffs with an ABV of greater than 0.5%. SQA Level 2 Award for Personal Licence Holders (QCF) 47

54 Purchase of alcohol by or for a child or young person It is an offence for an individual under 18 to buy or attempt to purchase alcohol whether for themselves or for another person. Any other person who knowingly buys or attempts to purchase alcohol for any individual under 18 also commits an offence. Individuals aged may consume beer, wine or cider with a meal supplied on relevant premises but the drinks must be purchased by a person aged 18 or over. Test purchasing Alcohol may be purchased by an individual under 18 when expressly authorised to do so by a police constable or a Weights and Measures inspector whilst undertaking their duty. Commonly called test purchasing, it helps enforce the concept of no proof, no sale and enables the officers to establish if an offence is being committed. More on this later. Consumption of alcohol by an individual under 18 Any person who knowingly allows the consumption of alcohol on any relevant premises by an individual under 18, commits an offence. Equally, an individual under 18 who knowingly consumes alcohol on any relevant premises also commits an offence. (Obviously, the provision mentioned earlier regarding young people and meals applies.) Prohibition of unsupervised sales by children A responsible person commits an offence if, on any relevant premises, they knowingly allow an individual under the age of 18 to sell or supply alcohol unless the sale or supply has been specifically approved by that or another responsible person. A responsible person would be a premises licence holder, the designated premises supervisor, or anyone aged 18 or over who is authorised by either of them. Delivery of alcohol to an individual under 18 It is an offence to deliver alcohol to an individual under the age of 18. It is also an offence to knowingly allow delivery of alcohol to an individual under 18 to take place. A young person may sign for alcohol delivered to their home (so long as they did not order it) or, if employed to do so, they may sign for and take delivery of alcohol in their place of work. Sending an individual under 18 to obtain alcohol It is an offence to send a person under the age of 18 to obtain alcohol unless they are employed in a capacity that involves the delivery of alcohol. It is also an offence to send such a person to purchase alcohol for consumption off the premises. SQA Level 2 Award for Personal Licence Holders (QCF) 48

55 Age verification policy It is a legal requirement to have a written age verification policy for your business and to ensure that the staff understand this policy. Example policies are available from the Home office website: Anyone who looks under the age of 18 must be challenged to demonstrate their age before alcohol is served. This requirement is intended to support schemes such No ID No Sale, Challenge 21 and Challenge 25. It may be that your premises is operating one of the above schemes, or already has an age-related policy in place. As a personal licence holder you have a responsibility to find out. If there isn t an age verification policy, have a look at the Home Office website for guidance, get a policy written, train the staff about the policy and ensure that it is enforced. Proof of age There are several ways to check that a younger person is of legal age to buy alcohol. You could ask to see: a photographic driving licence a passport military identification a PASS card or another form of identification with a holographic mark or ultraviolet feature Photographic driving licence and passport Check the following before accepting a driving licence or passport as a proof of age. Does the photo on the licence/passport look like the person presenting it? Has the licence/passport been tampered with? Could it be a forgery? Does the date of birth stated on the passport/driving licence make the bearer 18 or over? You are required to check this. SQA Level 2 Award for Personal Licence Holders (QCF) 49

56 PASS PASS stands for Proof of Age Standards Scheme. Established in 2002, the scheme delivers reliability to the many proof-of-age cards found across the United Kingdom. Thanks to PASS, every young person in the UK should be able to prove their age easily and cheaply, and to buy the goods they want while retailers and their staff are protected against accidental failure to observe the law. The PASS hologram on a card means that the issuer of the card has been approved by Trading Standards officers. The hologram is forge-proof so you can rely on the card. The PASS scheme is supported by: the UK Government the police the Trading Standards Institute the main trade associations who represent both on-sales and off-sales Around 2 million young people in the UK hold proof-of-age cards bearing the PASS hologram and the numbers are increasing all the time. PASS hologram Driving licence When relying upon a PASS Card for proof of age, remember to check: the date of birth that the card is genuine (i.e. has the PASS hologram) that the card has not been tampered with Remember, knowledge alone is not enough. You need to ask for proof of age! SQA Level 2 Award for Personal Licence Holders (QCF) 50

57 6 Control of order You want your premises to be the best the most profitable, most popular, cleanest, and best managed. You want a place people can come to relax, socialise, and get away from the stresses and strains of everyday life. These are admirable aims, but from time to time, things happen. You need to know what your responsibilities are in relation to keeping order on licensed premises. The law relating to drunkenness and disorderly conduct Drunkenness and relevant premises It is an offence to allow disorderly conduct on relevant premises. Just so you are clear, disorderly conduct is behaviour that disturbs others, including minor criminal offences such as public drunkenness, loitering, and breach of the peace. It is an offence for a drunk person to obtain, or attempt to obtain, alcohol for consumption on, or off, the premises. Anyone else (sober or otherwise) who helps a person who is drunk to obtain or consume alcohol, commits an offence. Equally, any responsible person selling alcohol to a person who is drunk also commits an offence. SQA Level 2 Award for Personal Licence Holders (QCF) 51

58 Failure to leave a licensed premises This area of the law allows you, as the personal licence holder (or other responsible person) to seek to remove people you think are behaving in a disorderly manner while on your premises. You may seek to remove them if they are: acting in a disorderly manner behaving in a manner that you feel does not support the licensing objectives You can remind those involved that they are committing an offence by their behaviour. Remember, if you, as the personal licence holder (or other responsible person), allow breaches of the peace, drunkenness, or disorderly conduct to take place on your premises, then you are committing an offence. Refusal to leave premises It is an offence for anyone not to leave licensed premises once asked to do so by a personal licence holder (or other responsible person). You are most likely to ask someone to leave for behaving in a disorderly manner. If they refuse, you might gently point out that they are now committing an offence, and that they may wish to consider this before you exercise the powers the law gives you. Police assistance The law requires that police assist in both stopping people from entering licensed premises and in the removal of people who have refused to leave the premises, and calling upon their assistance is always an option should you feel it is required. Closure Orders and Early Morning Alcohol Restriction Orders Under this part of the Act, the police, where they are concerned about widespread disorder, are given the power to close all and any licensed premises (including any premises operating with a temporary event notice) within a specific area. The police apply to the magistrates court which will only issue such a notice where they agree that there is a likelihood of disorder. The notice will last for the time specified, but no longer than 24 hours. Obviously, ignoring such an order is an offence. SQA Level 2 Award for Personal Licence Holders (QCF) 52

59 Closing a specific premises A senior police officer can close specific premises with immediate effect if: he/she believes disorder is likely or imminent, on, or near to the premises a public nuisance is being caused by noise The police officer closes the premises immediately for no longer than 24 hours by issuing a closure order to a responsible person. The closure order will contain: the name of the premises to which it relates the amount of time the premises are closed the reason the premises are closed Furthermore the notice will also contain information on the next stage that of the magistrates court. Magistrates court and closure orders The magistrates court will hear the case within 24 hours of the order being issued, however, the law allows for weekends and public holidays, so in effect the hearing could be a few days later. (In this case, the police may extend the closure order where they believe that disorder and/or noise is still likely.) The magistrates may: revoke the order keep the premises closed subject to a review by the licensing authority order that the premises remain closed subject to certain conditions There is a right of appeal against the decision of the magistrates court. Clearly breaching an order for any reason is a criminal offence. The magistrates court will also inform the licensing authority of the closure order which will review the premises licence via a licensing hearing within 28 days. The outcomes of this are the same as other review hearings: modify the conditions of the licence exclude a licensable activity from the licence remove the designated premises supervisor suspend the licence for a period not greater than three months revoke the licence add new conditions to the licence amend the conditions of the licence Closure orders are being used by the police and magistrates court and it is fair to note that use of these powers is widespread. If your premises are affected by a closure order, you should seek legal advice from a qualified legal practitioner immediately. SQA Level 2 Award for Personal Licence Holders (QCF) 53

60 Rights of entry to investigate licensable activities A police constable or other authorised person has the right to enter any premises where they have reason to believe that a licensable activity is taking place, or may be about to take place. They must produce evidence of authorisation when challenged and, where required, may use reasonable force. Early Morning Alcohol Restriction Order (EMRO) In addition, licensing authorities have the power to prohibit the sale of alcohol for a specified time period between the hours of 12 am and 6 am in the whole or part of its area, by introducing an Early Morning Alcohol Restriction Order (EMRO). EMROs are designed to address recurring problems, such as high levels of alcohol-related crime and disorder in specific areas at specific times. An EMRO: applies to the supply of alcohol authorised by premises licences, club premises certificates and temporary event notices applies for any period beginning at or after 12 am and ending at or before 6 am. It does not have to apply on every day of the week, and can apply for different time periods on different days of the week applies for a limited or unlimited period (for example, an EMRO could be introduced for a few weeks to apply to a specific event) applies to the whole or any part of the licensing authorities area will not apply to any premises on New Year s Eve will not apply to the supply of alcohol by those who provide hotel or similar accommodation to their residents between 12 am and 6 am, provided the alcohol is sold at those times only through mini-bars and/or room service. SQA Level 2 Award for Personal Licence Holders (QCF) 54

61 7 Your role as a personal licence holder Having just read all of the rest of this handbook it is a wonder you still want to do the job at all! Remember, this handbook covers the different aspects of your role: some great, some not so good. You need to look at all the information in the handbook and to think about how much of it you will use in your establishment. Some broad areas apply to all personal licence holders. This section explores them. Customer service Nowadays everyone expects good customer service. What makes good customer service differs from country to country and from place to place. The average British person is probably a little too cynical for the have a nice day approach, but everyone enjoys a good welcome. There are some simple rules that will help you ensure that your customers have a first-class customer service experience. SQA Level 2 Award for Personal Licence Holders (QCF) 55

62 Welcome Welcome your customers in a polite manner (good morning, afternoon, evening, hello, etc all work well). Smile can that be so hard? Make eye contact in a way that allows your customers to know you see them. Offer help it is why you are there after all. Listen to what the customer is saying if it is complicated, write it down. You should have good product knowledge and feel confident enough in using it. Try to go on courses that are offered to you. Read the trade press for information. Go on product tastings when they are offered. Work accurately and speedily. Thank the customer. If there is a queue, apologise and give the queue some hope that you will get to them as soon as possible. If things are getting really busy, can you re-organise the staff on duty to help with the customers? Physical space The physical space you work in should be clean at all times. There is never an excuse for a build-up of dirt. Yes, there are times when things get so busy that mess might pile up, but people are surprisingly forgiving when they see you are doing your best. Try to keep on top of things. If you find a spare five minutes, use them to tidy and clean. You keep on top of things so much better this way. If you see things are broken or need replacing, then sort it out if you can. If not, make a note and pass it to the owner/manager. It is cheaper to deal with small repairs rather than letting them develop into bigger ones, and well-maintained buildings are less likely to be vandalised. Be visible within your establishment. It is easy to hide in the stockroom, but a lack of presence causes its own problems. If you feel that your customer skills are lacking, there are some excellent customer skills programmes for you and your staff. Contact your local further education college or get in touch with a representative from your trade association. SQA Level 2 Award for Personal Licence Holders (QCF) 56

63 Best practice in refusing service If you think that the person asking to be served alcohol is not 18 or over, you must do the following: Ask for proof of age (remember the sorts of proof of age that are acceptable). Check the date of birth on the card. Look closely to check if the card has been forged. Does the person look 18 years of age or older? Remember, would a reasonable person agree with you? What about the people with them (if any), do they look 18 years of age or older? Do you think that by selling the person alcohol, others under 18 are likely to drink the alcohol? Only once you have satisfied yourself that the person is clearly 18 years of age or older should you serve them. Declining a sale of alcohol Remember, you are not required to sell alcohol to anyone. It is best practice to give a reason for declining a sale. Reasons could include: the person is under the age of 18 the person is drunk you think the alcohol is likely to be consumed by an individual under the age of 18 it is outside the hours at which you can sell alcohol the young person is not drinking the alcohol with food Although it is best practice, sometimes it s not always a good idea to tell the person trying to buy alcohol why you have declined the sale. For example, if a person is drunk and aggressive, telling them that you are not selling them more alcohol because they are drunk, might make them more aggressive. We will deal with these situations in the Dealing with conflict section. It is also best practice to record declined sales in a book kept behind the bar or sales counter. Note the date, the time, the details of the request, and your name and initial it. A record of all declined sales helps your due diligence or reasonableness defence if there are problems with a failed test purchase or if you receive complaints about selling alcohol to those under the age of 18. If you are unsure whether you have such a book, then speak to your manager. If you don t have one, why not set one up? It takes no time to do, costs little and could prove very useful if a difficulty should arise on your premises at some stage. Remember to make sure that all the other staff on the premises know about when and how to fill it in. SQA Level 2 Award for Personal Licence Holders (QCF) 57

64 Dealing with conflict Conflicts can arise, but thankfully, they tend not to be frequent and are mostly low-key and easy to deal with. There are some things you can do to minimise conflict. Here are some golden rules: Rule 1: Never place yourself in danger. Rule 2: If you feel you are in danger get help. Rule 3: Never forget rules 1 or 2. People deal with conflict in different ways. Some feel quite confident dealing with troublesome customers while others are less certain. When dealing with conflict: Keep calm and always be polite. Don t raise your voice even when you are really tempted to. It will only make things worse. Try to explain your views as clearly and calmly as possible. Use active listening skills. Nod, keep eye contact, and look as if you are listening to what your customer is saying. If there is a queue, ask the customer to step aside with you while your colleagues deal with other customers. However, do not take a customer to any part of the establishment where you are not clearly visible to your colleagues or other customers. If you cannot deal with the problem, and it is appropriate, why not ask another staff member to become involved and carefully explain what the problem is in front of the customer. Be measured and don t use language that is likely to make things worse. Always try to offer a reasonable solution. Failing this, write down the problem and offer the customer a further opportunity to come and see you later on to discuss the problem, or provide them with an address they can use to further their complaint. Emphasise your position and your abilities to deal with the problem. If you are authorised to deal with the problem then deal with it as far as you can. If not, explain this, and also explain who they need to speak to. If a customer is aggressive towards you, then clearly and calmly tell them their behaviour is unacceptable. Give them an opportunity to calm down, failing this inform them you will call for the police. Determine your policy regarding prosecution of aggressive or violent customers and enforce it if necessary. Remember, most customer complaints are straightforward to deal with. It is not our intention to emphasise the negatives but you need to know how to deal with problems should they arise. SQA Level 2 Award for Personal Licence Holders (QCF) 58

65 Responsible and Irresponsible Alcohol Promotions In 2010 changes to the law regarding the promotion of alcohol were introduced. These changes were made to control the dispensing or promotion of alcohol that did not support the licensing objectives, in other words, irresponsible promotions. What follows is a long list of activities that are not permitted. It might read as a long list of things you cannot do, but think realistically about how these might impact upon the place where you work. Will they really change things that much? So, irresponsible promotions - things you can t do: You may not run games or other activities that make customers drink quantities of alcohol within a time limit No to organised speed-drinking games or yard-of-ale competitions You may not offer alcohol for free or at a discounted rate to certain groups No to promotions such as women drink free, discount night for students or half price for under 25 s No to entry fees that include a set or unlimited amount of alcohol consumption such as all you can drink for 20 You may not run competitions where drinking a certain amount of alcohol means you can get more alcohol, or other reward, as a prize No to drink four pints, get the fifth free or drink two bottles of champagne and get a prize You may not promote alcohol related to a sporting event. No to free beer when your team scores or half price lager if your football team wins You may not pour alcohol directly into the mouth of a customer and nor can others, (promotions staff or customers) do so on the premises. No to drinking games, such as in the dentist s chair or alcohol promotions where alcohol is directly poured into the mouth of a customer In addition to the above: You may not promote alcohol using materials or signs that condone, glamorise or encourage anti-social behaviour, or refer to getting or being drunk in any way. You must make tap water available free of charge. The tap water must be of drinkable quality and refusal to serve it is an offence. SQA Level 2 Award for Personal Licence Holders (QCF) 59

66 You must make small measures available for your customers and make customers aware that these measures are available: 125 ml wine measures, 25 and 35 ml spirit measures and half pint and pint beer/lager measures. You may still use larger measures for alcohol, but the idea here is to give customers a choice. You should make customers aware of the different measures on your price list and you can also train your staff to ask the customer what measure they would like. Remember! As a personal licence holder you have a responsibility to make sure that irresponsible promotions don't happen on your premises The above list of types of promotions you can t do is not definitive. If you are unsure about a promotion you want to carry out, get in touch with your licensing authority and ask for advice rather than risk prosecution. Pubwatch/Retailwatch Pubwatch/Retailwatch is a community-based crime prevention scheme. Organised by premises licence holders themselves, it is a support scheme aimed at reducing the amount of rowdy, disruptive and or criminal behaviour that can be associated with the sale of alcohol. At its simplest, Pubwatch/Retailwatch is a message-passing system between licence holders. Pubwatch/Retailwatch also provides a route for communication between licence holders and the police, and provides a forum for the discussion of problems relating to violence on licensed premises. Advantages for the licensed trade: membership of Pubwatch/Retailwatch deters troublemakers reduces the risk of assaults on licence holders, staff and customers reduces the risk of damage to property increases co-operation with the police improves public image improves the sales environment in which you trade Advantages for the police: more information is provided about potential troublemakers more precise details in calls for assistance violent incidents associated with licensed premises decrease partnership with the licensed trade improves How Pubwatch/Retailwatch works Setting up a Pubwatch/Retailwatch scheme is relatively straightforward. Essentially, a core group of licence holders will form a committee and appoint a co-ordinator; if their co-ordinator is a well-known face in the community then so much the better. The co-ordinator should then contact the police at superintendent level, to set up an initial meeting between the committee and the police to establish full and open support for the scheme SQA Level 2 Award for Personal Licence Holders (QCF) 60

67 and to agree basic responsibilities. In the on-trade, if some of the premises are tied houses then you might also include the brewery in that meeting. It is important that those who attend this meeting should be senior enough to make decisions about involvement and financial matters, or have levels of agreed authority where those attending work for a group or chain. If the Pubwatch/Retailwatch scheme is fully developed then the police will offer some practical assistance: nominating a Pubwatch/Retailwatch liaison officer providing lists of licensed premises providing relevant crime statistics and monitoring scheme success providing material support such as posters, etc hosting launch meetings providing advice on communications systems making initial contact with new licence holders and putting them in touch with the Pubwatch/Retailwatch co-ordinator Pubwatch/Retailwatch is a two-way process and, the licensed trade also has responsibilities: providing the Pubwatch/Retailwatch co-ordinator and the organising committee selecting co-ordinators operating the scheme and ensuring that all staff and holiday relief are briefed providing modest financial support producing the necessary documentation The licensed trade is also responsible for organising a launch meeting to which all interested parties and the local press should be invited. It s a good idea to include a representative from an existing Pubwatch/Retailwatch scheme so the trade can see how things work practically and what the benefits and issues are. The meeting must be well publicised and all local licence holders should be encouraged to attend. How does Pubwatch/Retailwatch work? At the heart of Pubwatch/Retailwatch is the rapid, accurate and efficient communication of details about potential problems. Many Pubwatch/Retailwatch systems use telephone links; a bit like a phone tree (a phone tree is where one person calls three, those three call three each and so on). One thing to be aware of is that information can be distorted by the tree so information is best when it is obviously accurate, but also quite sharp and focused. The co-ordinator has responsibility for maintaining the phone numbers and contact details and develops the system by which they will communicate with each other in times of trouble. It s worth noting that some Pubwatch/Retailwatch schemes are now linked to CCTV. If you want information on this for your area, contact your local police force. SQA Level 2 Award for Personal Licence Holders (QCF) 61

68 Depending on the severity of the situation a licence holder may: contact the police using the emergency number 999 inform contact pubs if troublemakers are moving their way inform the key co-ordinator if other sections need to be alerted In order to make the most effective response, members will need the following information: the type of trouble or potential trouble the type of assistance required if the trouble has moved on, in which direction it was headed as full a description as possible of the troublemakers and any vehicles involved All in all, it is strongly advised that a business working within the on- or offsales trade should either join an existing Pubwatch/Retailwatch scheme or think about setting one up. A good place to seek further advice on this would be your local licensing authority, police force or trade association. SQA Level 2 Award for Personal Licence Holders (QCF) 62

69 8 Alcohol, measures and the Weights and Measures Act 1985 The service of alcohol is also governed by the Weights and Measures Act This piece of legislation ensures that the alcohol is served using stamped or marked measures that are approved for the sale of alcohol. Optics have measures that deliver an exact amount of alcohol. However, when you pour alcohol into a measure, you must fill it to the line on the side. Some measures for spirits must be filled to the top. You must always serve an exact measure, not to do so is an offence and you are liable to prosecution. For beer, the liquid is the measure, not the head. The Government and the brewing industry have agreed that 5% of a pint of lager or beer is acceptable as a head, but no more. Measure Type Note: Glasses should be stamped CE 25 ml Spirits: ie gin, whisky, rum, vodka etc 35 ml Spirits: ie gin, whisky, rum, vodka etc 50 ml Fortified wines: ie port, sherry Multiples permitted. Where three or more measures of differing spirits are used (ie cocktails) no measure is required Multiples permitted. Where three or more measures of differing spirits are used (ie cocktails) no measure is required Multiples permitted. Must be measured 125 ml Wine Multiples permitted. Must be measured 175 ml Wine Must be measured. Measure or lined glass 250 ml Measure/carafe of wine Must be measured. Measure or lined glass 500 ml Carafe of wine Must be measured. Measure or lined carafe 750 ml Carafe of wine Must be measured. Measure or lined carafe 1 litre Carafe of wine Must be measured. Measure or lined carafe Where beer, cider, lager etc is free-poured, it should only be dispensed in glasses that have a measure line/stamp. It is permitted to serve multiples for cider, beer, and lager. ⅓ pint Cider, beer, lager Measured dispense or into a brim measure glass SQA Level 2 Award for Personal Licence Holders (QCF) 63

70 Measure Type Note: Glasses should be stamped CE 25 ml Spirits: ie gin, whisky, rum, vodka etc 35 ml Spirits: ie gin, whisky, rum, vodka etc 50 ml Fortified wines: ie port, sherry Multiples permitted. Where three or more measures of differing spirits are used (ie cocktails) no measure is required Multiples permitted. Where three or more measures of differing spirits are used (ie cocktails) no measure is required Multiples permitted. Must be measured 125 ml Wine Multiples permitted. Must be measured ½ pint Cider, beer, lager Measured dispense or into a brim measure glass 1 pint Cider, beer, lager Measured dispense or into a brim measure glass Pre-packaged alcohol Alcohol sold in pre-packed containers such as bottles, or cans of beer or lager, does not need to be measured prior to service. The amount of alcoholic liquid must be clearly advertised and should be sold as a bottle, can, etc. You don t need to use a measure or provide marked glasses when selling wine by the bottle. However, you must sell the whole bottle. You must use a measure or measured glass if you wish to sell wine by the glass. Price list You must display a price list for the alcohol that you sell. It should be clearly visible, unobstructed, and include the following information: A description of each item including any brand name if applicable. The measure in which the item is sold (25 ml, one pint, etc). The price for the measure of alcohol being sold. It goes without saying that the price advertised needs to be the price charged. It is an offence to display two prices for the same item. You must charge the lower price if you find an item has two prices. All of the above also apply to non-alcoholic drinks (mixers, fruit juices, etc). Cordials etc can be charged by the dash without being measured. It is good practice to display the alcohol by volume (ABV) figure of the item being sold. Your price list should clearly state any additional charges (VAT, service charges, corkage, etc). SQA Level 2 Award for Personal Licence Holders (QCF) 64

71 Trades Descriptions Act If you serve a brand of alcohol for a particular price, then where you charge that price, you must ensure that you serve that brand. Equally, if a customer asks for a particular brand of drink (alcoholic or otherwise), you must either serve the actual brand asked for, or, serve another brand confirming with the customer that they agree to the substitution. It is an offence under the Trades Descriptions Act to sell one drink as another, and you are liable to prosecution if you do.. SQA Level 2 Award for Personal Licence Holders (QCF) 65

72 9 Illegal drugs policy and prevention Regrettably, there can be a connection between places that sell and serve alcohol and the sale and consumption of illegal drugs. As a personal licence holder you are expected to have a working knowledge of how to recognise and deal with drugs issues, should they ever arise. Acid, benzos, cheer, dots, eckies, flash, glass, hawk, ice, jellies, k, Lucy, Mitsi(bushi)s, northern lights, oppie, puff, qat, rhubarb and custard, stars, tabs, uppers, vitamin K, white, x, yaba and zero. It s an alphabet soup of drugs out there, and the names change fast. The law and drugs Classes Drugs Penalties for possession of drugs* Penalties for dealing in drugs* Class A Ecstasy, LSD, heroin, cocaine, crack, magic mushrooms, amphetamines (if prepared for injection) Up to seven years in prison or an unlimited fine or both Up to life in prison or an unlimited fine or both Class B Amphetamines, methylphenidate (Ritalin), Pholcodine, cannabis Up to five years in prison or an unlimited fine or both Up to 14 years in prison or an unlimited fine or both Class C Tranquilisers, some painkillers, gamma hydroxybutyrate (GHB), Ketamine Up to two years in prison or an unlimited fine or both Up to 14 years in prison or an unlimited fine or both *Source: The Home Office SQA Level 2 Award for Personal Licence Holders (QCF) 66

73 Class A, B and C drugs are controlled substances under the Misuse of Drugs Act 1971, with Class A considered most harmful. The Misuse of Drugs Act states that it is an offence to: possess a controlled substance unlawfully with or without intent to supply it supply, or offer to supply, a controlled drug (even where no charge is made for the drug) allow premises you occupy or manage to be used for the purpose of drug taking Drug trafficking attracts serious punishment, including life imprisonment for Class A offences. The police have special powers to enforce this law. They can stop, detain, and search people under the reasonable suspicion that they are in possession of a controlled drug. You need to know the signs of illicit drug taking and of illegal drug sales in case they appear on your premises. This should be helpful: Drugs and slang names Form How taken Signs to look for Ecstasy ( E ) Tablets, capsules, powder Swallowed Excessive energy, dancing, euphoria Dehydration Big demand for non-alcoholic drinks Amphetamine s: speed, sulph, uppers, whiz Tablets, capsules, powder Swallowed Rapid speech Confusion Enlarged pupils Effects increased by alcohol LSD:acid, tabs Paper squares with various designs, gelatine, microdots, tablets Swallowed Hallucinations Erratic and unpredictable behaviour Incoherence SQA Level 2 Award for Personal Licence Holders (QCF) 67

74 Drugs and slang names Form How taken Signs to look for Cannabis: dope, hash, pot, weed, ganga, tac, bush, tarry, skunk, draw, grass, marijuana Resin (brownish lumps or herbal) Smoked in hand-rolled cigarettes known as joints, reefers, doobies, and spliffs. Resin can also be eaten. Talkativeness, euphoria, lack of co-ordination, relaxed inhibitions Dilated pupils, bloodshot eyes Strong smell of burnt leaves Torn beer mats or foam upholstery used to make filters Cocaine:cok e, snow, charlie, C White powder Sniffed (snorting) more rarely injected Euphoria, but can cause anxiety Runny nose sniffing Traces of powder around nostrils Payment in tightly rolled up banknotes Straws left in the bathrooms Powder left on surfaces Crack:stone, base, rock, wash Yellowish rocky lumps Smoked in homemade pipes or heated on foil Instant elation Violent behaviour Empty wrappers Scorched foil Heroin:H, smack, horse, scag, gear, junk Off-white or brownish powder Injected Can also be heated on foil and inhaled through a straw Sleepy euphoria Slow breathing, runny nose and eyes Needle marks on body Syringes, needles, blood stained cotton wool, scorched tinfoil or spoons (do not handle syringes or needles unless trained to do so) Reproduced with the kind permission of the British Beer and Pub Association. Prevention and working with the authorities As a responsible licence holder you are required to work within the law at all times. This includes working to ensure that your licensed premises do not become a safe harbour for those either consuming or selling drugs. You can help prevent drug use or selling becoming a problem on your premises by following these straightforward recommendations: SQA Level 2 Award for Personal Licence Holders (QCF) 68

75 keep the place tidy at all times empty ashtrays frequently (should you have an outdoor area for smoking) as manager, be visible and ensure that you look vigilant and involved in the day-to-day running of the business ensure frequent glass collection and wipe surfaces etc frequently be social, but mindful get to know who is in your establishment and ensure that they know you monitor toilets, outdoor areas, and the car park frequently train staff in unobtrusive observation techniques and tell them the signs you are looking for ensure that staff inform you quickly regarding anything they might observe Control and working with the police Do not ignore a problem regarding drug use or drug selling on your premises and hope that it will go away; it will not. If you feel that a problem is outside your control, then call the police and work with them on a solution. Record their recommendations and keep notes of any conversations and/or meetings you have. Attend local police briefings and show that you are keen to change the situation in your premises should you find you have a problem. Where you feel comfortable dealing with drugs situations, here are some simple techniques you can use: Keep calm. Don t provoke anger or aggression. Tell minor offenders firmly but politely that such activities are not allowed and that they must leave. De-personalise the situation and emphasise your legal obligations and that you risk losing your licence if you allow drug taking or dealing to take place. Don t moralise use facts only. Always allow people an opportunity to back down and not to lose face. If you decide things are serious, you can always call in the police and ask them to deal with the user or dealer. Never put yourself, your staff, or your customers at risk. As a personal licence holder, you are responsible for the drugs policy and its implementation in your premises. Ignorance of what is happening on your premises is seldom an acceptable defence and, as such, you must be vigilant, observant, create a personal profile, and ensure clean and well-run premises. SQA Level 2 Award for Personal Licence Holders (QCF) 69

76 10 Miscellaneous This section of the handbook covers the bits that do not fit in earlier sections. Relaxation of opening hours for special occasions The Secretary of State for the Home Office has the power to make a licensing hours order where there is a celebration of exceptional international, national or local significance. Essentially, the order gives blanket hours for premises that do not already have those trading hours. For example: if the order states 1.00 am and your operating schedule states you trade until pm, you can trade until 1.00 am under the order. The period of the order lasts for up to four days and the Secretary of State must consult before making the order. Prohibition of unauthorised sale of alcohol on moving vehicles Any person who knowingly sells alcohol on or from a vehicle when the vehicle is not parked commits an offence. There s a penalty of up to three months in prison and an unlimited fine, or both, for those who disregard this. Keeping of smuggled goods Anyone who knowingly keeps goods that have been imported without the duty being paid, or otherwise had been unlawfully imported, commits an SQA Level 2 Award for Personal Licence Holders (QCF) 70