Leeway for Scots pubs on licensing

By Ewan Turney

- Last updated on GMT

Related tags Personal licence Premises licence applications License

Browne: still harbours concerns
Browne: still harbours concerns
Pubs in Scotland will not have to stop selling alcohol because the licensee has yet to receive their personal licence. The Scottish Beer and Pub...

Pubs in Scotland will not have to stop selling alcohol because the licensee has yet to receive their personal licence.

The Scottish Beer and Pub Association (SBPA) voiced concerns last week that thousands would cease trading from 1 September due to administrative delays in issuing new licenses under the new regime.

But Justice Secretary Kenny MacAskill has confirmed that those who have gained the licensing qualification and applied for a licence by the end of August will be able to continue trading for two months.

"I've taken the decision to lay further regulations to give some leeway and allow managers who've applied by the end of August to continue selling alcohol if they've not received their license by the 1st of September," he said.

"This is a common sense approach to introduce a little flexibility and prevent a problem arising. I appreciate that the vast majority of the trade and licensing boards have responded very well to the challenges of implementing the Act and I believe the changeover to the new Act will be a success.

"The onus remains on the licensed trade to get their applications into the system and for Boards to process these as efficiently as possible."

The 2005 Licensing Act puts in place a number of changes -— it bans irresponsible promotions in pubs and clubs, introduces separate display areas for alcohol in shops and off-licences and places a requirement on pubs and clubs to provide free tap water.

SBPA chief executive Patrick Browne gave the news a cautious welcome. "We have real concerns that making this change so late and only granting it for a two month period actually risks adding a further backlog of dispensation applications to the backlogs for Premises Licences," he said.

Further concerns

Browne also voiced concerns over delays in issuing premises licences as well as personal licences.

"The Scottish Government's announcement also does nothing to resolve other issues for the trade where the majority of premises licence applications which have been granted haven't actually been issued to licensees.

"How can a pub landlord train their staff in the conditions on their licence when they haven't even seen their licence?

"How can they be expected to display a summary of their licence, which is still a requirement as of 1 September, when they don't actually have their licence?

"There is a need for the Scottish Government to go further to act to resolve these other outstanding issues which have already been drawn to their attention."

Related topics Licensing law

Property of the week

Follow us

Pub Trade Guides

View more