Members' clubs fuss: storm in a pint pot

The Scottish licensed trade has been stirred up by the press recently over a story that the Scottish Executive was to allow members' clubs an unprecedented number of events in a year where they could sell alcohol to the public - in direct competition with the rural pub trade.

This was presented as a sudden and unexpected decision, catching even the leading trade body by surprise.

But it should not have had that effect, having existed in black and white in the Licensing (Scotland) Act 2005 since it was a Bill, and also mentioned in the draft Guidance for Licensing Boards and Local Authorities.

The reason is fairly simple: unlike the situation in England, where clubs held out for a separate system of permissions known as a club premises certificate, the Scottish decision was taken early on to incorporate members' clubs into the licensing system and to remove their administration from the sheriff to the licensing boards.

This means that, in future, all these clubs will need licences, and the transactions between members and the club will be treated as sales of alcohol, although they are not so in law. The Licensing Act spells that out pretty clearly.

If they are within the licensing system, they have to abide by the licensing laws, with a few exceptions and exemptions. They do not need a premises manager and they do not need a personal licence-holder to authorise sales. But they do hold a premises licence, and as such are entitled to apply for occasional licences.

Both these clubs and other voluntary organisations are subject to a rule which sets a generous limit of up to 56 days in any one year, but with a specific limit of up to four "occasionals" which last for four days or more, plus another 12 which may last for less than four days.

It has to be noted that, south of the border, clubs have been allowed to use the Temporary Event Notice system along with licensed premises and it does not seem to have acted as a major threat to pub viability in itself.

There are other factors at work here: voluntary organisations, such as schools and charities, accustomed to using the occasional permissions route, are also employing temporary event notices, because even people who are non-licensed can apply for them.

At the end of the day, it all sounds like a lot of fuss about nothing.

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