Training:
Anyone selling or serving alcohol must be appropriately trained. This is currently at least 2 hours of training carried out by the Premises Manager or a qualified instructor, to be regularly updated. Training must be carried out at the start of each employment, notwithstanding that the employee may have previously received training elsewhere. A record of training should be maintained at the premises and made available to the Licensing Standards Officer (LSO) on request.

Prices:
Prices can only be changed at the start of a day and not more frequently than every 72 hours

Irresponsible Drinks Promotions:
Any promotion which is largely to appeal to under 18’s, involves free or reduced price drinks on the purchase of one or more, involves free or reduced price extra measures, involves unlimited drinks for a fixed price, encourages consumption of larger measures, is based on alcohol strength, rewards or encourages drinking quickly or offers alcohol as a prize (except where to be consumed off the premises) is prohibited.

Non-Alcoholic Drinks:
Where alcohol is for consumption on the premises, there is an obligation to also provide free tap water on request and also non-alcoholic drinks at reasonable prices.

Under 18s:
There is an obligation to display prominently the prescribed sign stating whether under 18’s are allowed in the premises and, if so, in what areas. Where under 5’s are permitted entry in terms of the Operating Plan, the Licence holder must also provide baby changing facilities accessible to both men and women.

Breach:
Where an LSO believes that any of these conditions is being breached, they can serve notice on the Licence Holder detailing the breach and requiring that it be remedied. If not remedied, then the LSO can apply for a Licence Review to be carried out by the Licensing Board, which could result in the variation, suspension or even withdrawal of the Licence altogether.

Conclusion
It is essential that Licence Holders and their staff are fully aware of the conditions which apply to their Licence and address fully any notices received.

This is even more important to consider in the run up to Christmas, when competing with the usual festive promotions and the hiring of temporary (and untrained) staff could place any licence holder or their licence at risk.

Helen McGrath, Solicitor
T: 0131 226 8224
helen.mcgrath@mbmcommercial.co.uk