Few could have missed the introduction of the Licensing (Scotland) Act 2005 (“the 2005 Act”) and specifically the press coverage associated with the administrative difficulties of the transfer of the seven existing types of licence over to the new Premises Licence.

Less attention, however, has been focussed on the mandatory conditions which were introduced by the 2005 Act, which epitomise the five “Licensing Objectives” at the core of the 2005 Act and, if breached, could ultimately result in the loss of a licence which could be catastrophic for any business.

This article is a brief summary of these mandatory conditions which now apply to all licences in Scotland.

The Licensing Objectives

The five Licensing Objectives run throughout the 2005 Act and the entire licensing regime and are, simply:-

• preventing crime and disorder;
• securing public safety;
• preventing public nuisance;
• protecting and improving public health; and
• protecting children from harm.

These are to be taken into account by the Licensing Board when considering any application for a Premises Licence and the specific conditions which are to apply to it in addition to the mandatory conditions contained in the 2005 Act itself.

The Mandatory Conditions

Operating Plan:
Licence Holders must comply with the Operating Plan attached to their Premises Licence. If alcohol is sold otherwise, then there is a possibility not only of enforcement action by the Board, but also of prosecution.

Premises Manager:
No sales of alcohol can take place if there is no ‘Premises Manager’ for the premises or if the Premises Manager does not hold a valid personal licence or the appropriate licensing qualification.

Authorisation:
All sales of alcohol must be authorised by either the Premises Manager or someone else holding a personal licence (although there is no requirement for the Premises Manager to be personally present for the sale).

continued...