Licensing News Scotland - May 2017

Licensing News

Alert - fundamental changes to alcohol licensing from 15 May 2017

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

The main changes are summarised as follows:

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