Liquor Licensing. Standard Operating Procedure

Transcription

1 Liquor Licensing Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department Version Number Licensing and Violence Reduction 4.00 Date Published 25/01/2018 Version 4.00 NOT PROTECTIVELY MARKED

2 Compliance Record Equality and Human Rights Impact Assessment (EqHRIA): Date Completed / Reviewed: Information Management Compliant: Health and Safety Compliant: Publication Scheme Compliant: 16/01/2018 Yes Yes No Version Control Table Version History of Amendments Approval Date 1.00 Initial Approved Version 01/04/ Full cyclical review 03/04/ Minor change to document detailing further clarification of information which may become available to licensing 28/04/17 board 4.00 Minor amendments taking cognisance of the Criminal Justice (Scotland) Act /01/18 Version 4.00 NOT PROTECTIVELY MARKED 2

3 Contents 1. Purpose 2. Aims 3. Innkeeper 4. Licence Type 5. Premises Licence 6. Personal Licence 7. Occasional Licence 8. Management of Licence Premises and Personal Licence Holders. 9. Review of Licences 10. Licensing Standards Officers (LSO s) 11. Licensing Forum 12. Administration/ Recording Systems 13. Test Purchase 14. CCTV 15. Conditions Attached to Licences Appendices Appendix A Appendix B Appendix C Appendix D List of Associated Legislation List of Associated Forms List of Mandatory and Pool Conditions Range of Options Version 4.00 NOT PROTECTIVELY MARKED 3

4 1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Police Service of Scotland, hereafter referred to as Police Scotland, Liquor Licensing and Civic Government Policy. 1.2 The Licensing (Scotland) Act 2005 (hereafter referred to as the Act) received Royal Assent in December 2005, with the legislation having come into effect on 1 September The Act is underpinned by the following five objectives: Preventing crime and disorder; Securing public safety; Preventing public nuisance; Protecting and improving public health; and Protecting children and young persons from harm. 1.4 Under this Act all premises from which alcohol are sold require to hold a premises licence, which lasts in perpetuity unless revoked. All premise licences will be documented on the Innkeeper National IT System. 1.5 This Standard Operating Procedure (SOP) aims to give Police Officers and Police Staff general guidance on dealing with enquiries relating to alcohol licensing matters. Guidance is also provided on the role and responsibilities of the Chief Constable and how Police Officers and Staff should address matters relating to the sale of alcohol and activities associated with that sale on licensed premises. 2. Aims 2.1 Under the General Equality Duty Police Scotland is required to have due regard to the need to: Eliminate discrimination; Advance equality of opportunity; and Foster good relations across diverse communities. 2.2 This means that in all aspects of its internal and external day-to-day business, Police Scotland must consciously consider if any proposed process or procedure has the potential to discriminate against; or disadvantage any particular group(s) in society due to their differing needs, experiences and/or expectations. If so, measures must be taken to mitigate any potential for adverse or disproportionate impact. Version 4.00 NOT PROTECTIVELY MARKED 4

5 2.3 The weight given should be proportionate to the level of negative impact assessed in relation to any particular protected group. Remember, it's not about how many people may be affected it's about how much it may affect them and how that effect may be seen by that group (whether based on experience or perception) as unfair and a barrier to equality of outcome. Everything possible should be done to reduce or eliminate that impact. 2.4 Enquiry Officers are therefore asked to take cognisance of the General Duty when carrying out enquiries. 3. Innkeeper 3.1 Liquor Licensing is managed by local authorities, however it is an important part of Police Scotland s business who have a crucial role to play as statutory consultees. 3.2 A review of the National Liquor Licensing function has been carried out and, as part of this; InnKeeper - a National IT database to support Liquor and Civic licensing has been developed and implemented in all 13 Local Policing Divisions. 3.3 The system will be managed by licensing department staff, however, police officers will also be able to access the system to record incidents and inspections (visits) to licensed premises, as well as search the database for information on premises and personal licence holders. 3.4 In order to support officers in using the InnKeeper system a number of guidance documents have been developed. These guidance documents will help officers when they are using InnKeeper to ensure they adhere to the naming rules and conventions; understand what action they have to take when a task is generated within InnKeeper and understand how to log details of licensing checks. 3.5 In order for the system to function all areas of business in relation to Liquor Licensing must be managed through Innkeeper. 3.6 All templates relative to Liquor Licensing are held within the Innkeeper document management system known as CoreDMS. 4. Licence Type 4.1 Applications for Alcohol Licences in Scotland are made to the Local Licensing Board, which exercises the necessary functions with regard to the issue, renewal, suspension, revocation and variation of Licences. 4.2 There are three types of Licences that can be granted under the Licensing (Scotland) Act 2005: Version 4.00 NOT PROTECTIVELY MARKED 5

6 Premises Licences; Personal Licences; and Occasional Licences. 4.3 All applications that are lodged with the Clerk to the Licensing Board are forwarded to the Police for enquiry and such enquiries will be channelled through Licensing Departments. 4.4 The Licensing Departments are responsible for not only the administration of all alcohol licensing related applications, but licensing staff also carry out all necessary enquiries on applicants and providing reports to the Local Licensing Boards. Officers of various ranks can be delegated to represent the Chief Constable at the Local Licensing Boards and Licensing Forums, although consideration must be given to ensure that the most appropriate ranked officer represents, depending on nature of circumstances. 4.5 Licensing Departments also have responsibility for identifying issues with licensed premises or Licence holders and bringing these to the attention of the respective Local Area Commanders. 5. Premises Licence 5.1 A Premises Licence in relation to any premises means a Licence issued by a Licensing Board under Section 26(1) or 47(2) (Temporary Premises Licence) of the Act authorising the sale of alcohol on the premises. 5.2 Application for a Premise Licence An application for a Premises Licence may be made by any person aged 18 years or over. An application for a Premises Licence must contain: A description of the premises; An operating plan for the premises; A layout plan of the premises; and Appropriate certificates in relation to planning, building standards and food hygiene (if food is to be sold on the premises). 5.3 Notification of Application to Chief Constable Section 21 of the Act refers to Notification of Application and stipulates where a Licensing Board receives a Premises Licence application, they must give notice of the application to: Each person having a notifiable interest in the neighbouring land; Any Community Council within whose area the premises are situated; The Chief Constable; and Version 4.00 NOT PROTECTIVELY MARKED 6

7 The enforcing Authority within the meaning of Section 61 of the Fire (Scotland) Act 2005, in respect of the premises. The Licensing Board must also provide a copy of the application to the Chief Constable Within 21 days of receiving notice, the Chief Constable must respond by giving the Licensing Board a notice stating that: 1. Neither the applicant, nor any connected person, in the cases where the applicant is neither an individual person nor a Council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, has been convicted of any relevant offence or a foreign offence; and May include any information that Police consider may be relevant to consideration by the Licensing Board to determine whether the applicant is not fit and proper to be the holder of a premise licence; or 2. A notice specifying convictions for a relevant or foreign offence of: (i) The applicant; or (ii) In any of the cases outlined in paragraph (a) above, any connected person As an organisation Police Scotland should only accept competent applications. Should an unsuitable application be identified, the matter should be discussed with the Clerk of the Licensing Board. If the application is still deemed to be unsuitable, then it should be returned to the Clerk. However, unless there is specific information missing within the application form, it may be the case that the applicant insists the application along with any relevant certificates required, are processed by the Board, in which case the Police are duty bound to carry their statutory obligations. 5.4 Conditions on Premises Licences All premises from which alcohol is sold are subject to Mandatory Conditions that are set out in Schedule 3 of the Act in respect of those holding a Premises Licence and Schedule 4 in respect of an Occasional Licence. The most significant of these are Alcohol is only to be sold in accordance with the operating plan. Alcohol cannot be sold on the premises unless those premises have a Premises Manager, who must hold a Personal Licence (although the Premises Manager need not be present on the premises). An exception is made for members clubs where there is no such requirement for a Premises Manager. Every sale of alcohol made on the premises must be authorised 'generally' or Version 4.00 NOT PROTECTIVELY MARKED 7

8 'specifically' by the Premises Manager, or another person who holds a Personal Licence There is an additional set of Mandatory Conditions that apply to certain 'late opening' premises that operate after 0100 hours for further guidance please see appendix C for full list Licensing Boards may also draw from a set of Pool Conditions prescribed by the Scottish Government, or if deemed appropriate, impose Local Conditions. All mandatory and pool conditions are listed on Appendix C All conditions will be recorded on the Premises Licence issued by the Licensing Authority and available for inspection within the premises, and will also be recorded within the premise record on Innkeeper. 5.5 Licensing Hours Section 62 of the Licensing (Scotland) Act 2005 provides that 'licensed hours' means: (a) In the case of licensed premises in respect of which a Premises Licence has effect, the period or periods of time specified for the time being in the Operating Plan contained in the Premises Licence as those during which alcohol is to be sold on the premises; and (b) In the case of licensed premises in respect of which an Occasional Licence has effect, the period or periods of time specified in the Licence as those during which alcohol may be sold on the premises And a reference to a period of licensed hours is a reference to any of those periods of time 'On-sales hours' means the licensed hours applying to the sale of alcohol for consumption on the premises 'Off-sales hours' means the licensed hours applying to the sale of alcohol for consumption off the premises. Off sales hours are restricted between 1000 hours and 2200 hours The only restriction to on-sales licensing hours is that premises are not permitted to sell alcohol on premises for a continuous period of 24 hours. There is further Scottish Government guidance provided to Licensing Boards that premises should not be permitted to sell alcohol for on-sales consumption for more than 14 hours in any continuous period of 24 hours Licensing hours must be detailed in the Operating Plan of every premises. 5.6 Extended Hours Application A Licensing Board may, if they consider it appropriate to do so in connection with a special event of local or national significance, make a determination extending licensed hours by such period as the Board may determine. This Version 4.00 NOT PROTECTIVELY MARKED 8

9 may apply to the whole of the Licensing Board area or specific parts, licensed hours generally or specific descriptions of hours, all licensed premises or premises of a specific description. Notification must be given to the Chief Constable and holders of licences and published in a suitable manner. There is no requirement for the Board to consult, and neither is there scope for individuals to comment. It is anticipated however that most Boards would consult The holder of a Premises Licence may apply to the Licensing Board for an extension to their licensed hours if in connection with a special event or occasion to be catered for on the premises, or for a special event of local or national significance. The extension will be for the period specified within the application or other such period as the Board consider appropriate, but in either case must not exceed one month. A period of licensed hours extended under this provision cannot be further extended Where a Licensing Board receives an application for extended hours it must give notice within 7 days, together with a copy of the application, to the Chief Constable and LSOs (Licensing Standards Officers). The Chief Constable may, within 10 days of receipt, provide a notice to the Board objecting to the application, if the Chief Constable considers it necessary to do so for the purpose of any of the licensing objectives An LSO may within 10 days of receipt, submit a report setting out their comments on the application Where the Licensing Board considers that the application requires to be dealt with quickly, the period of 10 days shall be a period of not less than 24 hours, as the Board may determine In determining an extended hour s application the Licensing Board must take into consideration any Notices provided, and may hold a hearing to determine the application. Where it does not hold a hearing it must ensure the applicant is given an opportunity to comment on any Notices On granting an extended hours application the Board may make such variation of the conditions to which the licence is subject as the Board considers necessary or expedient for the purpose of any of the licensing objectives. The variation may have effect only to the hours governed by the extension Where a Licensing Board grants or refuses an application it must give notice of the grant or refusal to the applicant, the Chief Constable, and the Licensing Standards Officer (LSO). A person to whom a notice is given can request a statement of reasons from the Clerk to the Board. 5.7 Display of Notices It is a requirement within the Act that the Premises Licence, or a certified Version 4.00 NOT PROTECTIVELY MARKED 9

10 copy, is held at the premises by the Licence holder or Premises Manager. In addition, the summary of the Licence, provided by the Board, or a certified copy, must be prominently displayed on the premises so as to be capable of being read by anyone frequenting the premises The Summary of Premises Licence contains information in respect of the premises address, description of premises, name and address of premises licence holder, name of Premises Manager and conditions attached to the licence. In addition the full Premises Licence includes licensed hours, address of Premises Manager, identification number of the Personal Licence held by the Premises Manager together with a copy of the Operating Plan and Layout Plan. The Operating Plan will list whether the premises offer on-sales, off-sales or both; the actual hours during which they can sell alcohol, whether they have a seasonal variation, activities that can be undertaken both during licensed hours and outwith, the provisions for children and young persons, the capacity figure and fuller details relating to the Premises Manager The Summary of Premises Licence, which must be on public display, does not contain all this information but will provide Officers with the initial information required when attending licensed premises; in particular the name of the Premises Manager and details of the Premises Licence Holder. Failure to display the summary of licence or produce the full licence when required by a constable or LSO are both offences. 5.8 Relevant and Foreign Offences The Chief Constable will be required to comment on relevant offences which have been specified within Statutory Instrument 513/2007 and should be referred to when considering a response. Pending cases may also be considered if deemed necessary and relevant, i.e. where a course of conduct is indicative of the unsuitability of the applicant or where there is potentially a threat to public safety. A conviction for a relevant or foreign offence may be disclosed to licensing authorities where appropriate, any disclosure of a spent conviction must first be in accordance with the law and second proportionate and in keeping with the Rehabilitation of Offenders Act 1974, Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 and Rehabilitation of offenders act 1974 (exclusions and exceptions) (Scotland) Order Checks for foreign offences, outwith the UK, will only be made should the applicant declare them or where there is reason to believe such convictions exist. To that end, the Police notification to the Licensing Board will include the term 'I am unable to confirm the existence of any foreign offence in respect of the applicant or any connected person where applicable. 5.9 Objections and Representations (Premises Licence) Where a Premises Licence application is made, any person may, by notice to the Licensing Board, object to the application on any ground relevant to one Version 4.00 NOT PROTECTIVELY MARKED 10

11 of the grounds for refusal as specified in section 23(5) of the Licensing (Scotland) Act Representations can be made to the Board concerning the application, including, in particular, representations in terms of Section 22(1)(b) of the Licensing (Scotland) Act 2005 In support of the application; As to modifications which should be made to the Operating Plan; or As to conditions that should be imposed The Chief Constable may make representations concerning a premises Licence application by giving the board a report detailing any cases of antisocial behaviour identified by Police officers as having taken place on, or within the vicinity of the premises, and any complaints made to the constables concerning such antisocial behaviour Whilst there may be occasions when the Chief Constable may wish to object to a licence application, or indeed make representation in respect of modifications to the Operating Plan or conditions that should be imposed, it is unlikely that the situation would arise where the Chief Constable would wish to support an application in terms of Section 22(1)(b) of the Licensing Scotland Act If such an occasion did arise, any consideration being giving to supporting an application on behalf of the Chief Constable must be discussed with the National Licensing Policy Unit in advance of a submission Where a Board receives Notice of Objection or Representation, they must give a copy of the Notice to the applicant and have regard to it in determining the application If a Board does not receive an objection or representation, they must consider the application and if none of the grounds for refusal apply, grant it, or if any of them apply, refuse it. Section 23(5) of the Act outlines the grounds for refusal Any objection or representation by the Chief Constable should give consideration to the disclosure of pending cases, alternatives to prosecutions, applicant s being suspected of crimes and information from OMIS if it is felt that it is required to be brought to the Board s attention in relation to inconsistent conduct and the Licensing Objectives If the disclosure of intelligence is being considered, Intelligence Departments should be consulted where there is intelligence to suggest that the applicant or a connected person is involved in criminality or with serious organised crime. If a decision is made to object on these grounds local intelligence supervisors should be consulted and a form of words agreed. Additionally consideration should be given to having a member of the intelligence department attend the hearing to present the intelligence. Version 4.00 NOT PROTECTIVELY MARKED 11

12 5.10 Enquiry Process Where a Licensing Board receives a premises licence application it must give notice of this to the Chief Constable within 21 days. The Chief Constable thereafter has 21 days to reply. The application may be for the grant of a new licence or transfer of an existing licence. In respect of both, appropriate research and investigation will be required before an informed decision can be made on the response to be provided on behalf of the Chief Constable. This research will include investigation of all available Police information systems including criminal history, intelligence, crime and incident recording If the enquiry officer knows, is related to or has personal involvement with the licence applicant this should be disclosed to his/her line management and no interrogation of police systems should be undertaken without the consent of the line manager and recorded properly to mitigate any future risk/allegation. This research may include an interview with applicants. The financial circumstances surrounding the premises should be explored to ensure, as far as possible, no financial irregularities, including insolvency or involvement in criminality, including serious organised crime. This should include external checks through Companies House or other legislative bodies. The opportunity should be taken to confirm the applicant's knowledge and understanding of their responsibilities under the legislation, which may assist the Chief Constable's assertions at any future potential review hearing In respect of applications for a new licence the Operating and Layout Plans should be checked to ensure they accurately reflect what the applicant intends and that these do not present policing concerns. In respect of the Layout Plan, which is a drawing of the licensed area, the LSOs are responsible for checking compliance with the technical specifications outlined within Scottish Statutory Instrument 2007 No The policing concern may well be around the licensed area contained within the Layout plan, as this will not necessarily be the building, but may include the car park, garden and other external areas, in addition to considering the demarcated areas for use by children and/or young people. Enquiry Officers will wish to ensure that use of these areas will have taken into consideration, that they uphold the licensing objectives, and do not potentially cause policing problems In respect of applications to transfer a licence the Enquiry Officer should be mindful that the applicant, in normal circumstances, would be the current holder of the licence. In certain circumstances a person other than the holder of the premises licence may apply. The proposed new or incoming licence holder is referred to as the transferee. This transferee should be subjected to the same research and investigation as a new licence applicant. During a transfer of licence application it should not be necessary to re-examine the Operating and Layout Plans, considering that if this is a straightforward transfer the transferee must adhere to the existing Operating and Layout Plans. If the transferee wishes to operate in a different manner then a variation application would be required. This variation could be submitted after the transfer is granted, but this brings a risk that the variation may be Version 4.00 NOT PROTECTIVELY MARKED 12

13 refused. The second option is that a variation is submitted at the same time as the transfer, as a joint application. In such circumstances, and where the applicant has intimated that the transfer is contingent with the variation, the Licensing Board must hear the variation first, and if the variation is refused the transfer falls. In either set of circumstances the Chief Constable is able to submit notices of objection or representation in respect of either the transfer or variation as appropriate. It is therefore essential that the Enquiry Officer is satisfied that there are no concerns with the transferee, or the intended operation of the premises, in particular where there may be proposals to amend the licensed hours, activities to be undertaken or provisions for children and young persons When considering the Operating and Layout Plans, Enquiry Officers should be mindful of where there may be Policing concerns. These should be addressed initially with the applicant, but where appropriate, notices of representation should be submitted seeking modifications to the operating plan or conditions, which the Chief Constable considers should be imposed. In particular there should be scrutiny of the licensed hours, activities, provisions for children and young persons within the operating plan and licensed areas within the layout plan, to ensure that the applicant has taken full cognisance of the licensing objectives. 6. Personal Licence 6.1 A Personal Licence means a Licence issued to an individual by a Licensing Board (under Section 76(1) of the Act) authorising the individual to supervise or authorise the sale of alcohol. 6.2 Application for a Personal Licence Any individual aged 18 years old, or more, may apply for a Personal Licence. The application should be made to the Licensing Board for the area where the individual ordinarily resides or, in any other circumstance, to any Licensing Board. 6.3 Notification of Application to Chief Constable Where a Licensing Board receives a Personal Licence application, the Board must give notice of it, together with a copy of the application, to the Chief Constable Within 21 days of the date of receipt of the Notice, the Chief Constable must respond by providing a Notice stating that, as far as the Chief Constable is aware the applicant has not been convicted of any: Relevant offence Foreign offence Or a notice specifying any convictions for such offences. Version 4.00 NOT PROTECTIVELY MARKED 13

14 May include any information that Police consider may be relevant to consideration by the Licensing Board to determine whether the applicant is not fit and proper to be the holder of a personal licence In either case, if the Chief Constable believes it is necessary for the purposes of any of the licensing objectives that the Personal Licence application be refused, the Chief Constable may include in the Notice a recommendation to that effect. This recommendation may be supported, where there is a lack of relevant convictions, with information relating to intelligence, pending cases, failed alcohol test purchases, information of suspect status on crime reports etc The suitability of the applicant should be checked, utilising PNC, SID, STORM/Command and Control, CHS2, CTIS/Special Branch if appropriate and each crime recording system. If the enquiry officer knows, is related to or has personal involvement with the licence applicant this should be disclosed to his/her line management and no interrogation of police systems should be undertaken without the consent of the line manager and recorded properly to mitigate any future risk/allegation. The research can include a personal interview with the applicant to clarify points within their application. A LIC21 form on the InnKeeper National IT database should be completed in respect of these checks and stored within core DMS. 6.4 Determination of Personal Licence Application Where the board has received an application and the following conditions are met in relation to the applicant, the board must grant the licence. The applicant is aged 18 or over. The applicant possesses a licensing qualification. The applicant does not already hold a personal licence. And no personal licence previously held but the applicant has been revoked within the period of 5 year. And a notice from the chief Constable that the applicant has not been convicted of any relevant offence or foreign offence Where all the conditions are met, and when a notice is received from the Chief Constable recommending refusal, whether that Notice advises of convictions or not, the Board must hold a hearing to determine the application Where all the conditions are met, and when a Notice is received from the Chief Constable advising of convictions, but there is no recommendation to refuse, the Board may hold a hearing to determine the application. Version 4.00 NOT PROTECTIVELY MARKED 14

15 6.5 Duty to Notify Court of a Personal Licence Where a Personal Licence holder is charged with a relevant offence (No 513), or is granted a Licence after their first appearance in Court but before conviction, sentencing or acquittal, the Personal Licence holder must produce the Personal Licence to the Court, or notify the Court of its existence and the reasons why it is not practical to produce the Licence. The Personal Licence holder must also identify the Licensing Board that issued the Licence A person who, without reasonable excuse, fails to comply commits an offence. 6.6 Court's Duty to Notify Licensing Board of Convictions The Clerk of the Court must, as soon as reasonably practicable after conviction, give Notice to the Licensing Board which issued the Personal Licence. Where 'the receiving Board' has reason to believe that the Personal Licence holder is working in the area of another Licensing Board ('the other Board') the receiving Board must give Notice of the conviction to the other Board. 6.7 Licence Holder's Duty to Notify Licensing Board of Convictions Where a Personal Licence holder is convicted of a relevant or foreign offence, they must give Notice to the Licensing Board which issued the Personal Licence, no later than one month after the date of conviction. The Notice must specify the nature of the offence, the date of the conviction and be accompanied by the Personal Licence or, if that is not practicable, a statement of the reasons for failing to produce the Licence. Where the receiving Board has reason to believe that the Personal Licence holder is working in the area of another Licensing Board, the receiving Board must give Notice of the conviction to the other Board A person who, without reasonable excuse, fails to comply commits an offence. Section 82(2) of the Licensing (Scotland) Act Police Responsibility where Notification Received by Licensing Board Where a Personal Licence holder notifies the Licensing Board that they have been convicted of a relevant offence or a foreign offence the Board will send notification to the Police to confirm the existence of the conviction. The Police must respond either by stating that: They are unable to confirm the existence of the conviction; It is not a relevant conviction; Confirm that it is a relevant conviction. 6.9 Objections and Representations (Personal Licence) The Chief Constable is required to provide a Notice on receipt of an Version 4.00 NOT PROTECTIVELY MARKED 15

16 application to grant a Personal Licence, Advising whether the applicant has been convicted on any relevant offence or foreign offence. Specifying any convictions of the applicant for any such offence. The Chief Constable can recommend that it is necessary for the purposes of any of the Licensing objectives that the personal licence application be refused. 7. Occasional Licence 7.1 An Occasional Licence permits the sale of alcohol on premises, other than Licensed Premises and may be applied for by: The holder of a Premises Licence; The holder of a Personal Licence, or A representative of a voluntary organisation, (which is not defined). 7.2 An application for an Occasional Licence will contain similar information as required by the Operating Plan within a Premises Licence application, i.e., information in relation to: 7.3 Conditions Name and address of the holder of the licence; Description of premises; Activities to be carried on; Statement of period during which licence has effect; Statement of times during which alcohol maybe sold; Whether the sale of alcohol is on or off sales or both; Provisions for children and young persons; Conditions applicable Occasional Licences are subject to Mandatory Conditions similar to Premises Licences that are set out in Schedule 4 of the Act. The main difference is that there is no requirement for a Premises Manager and the condition requiring the sale of alcohol to be authorised by a Personal Licence Holder, is only required when the Occasional Licence is issued to a Premises (excluding clubs) or Personal Licence Holder, i.e. not a Voluntary Organisation Where an Occasional Licence is issued to a representative of a Voluntary Organisation, alcohol may only be sold on the premises at an event taking place on the premises in connection with the voluntary organisation's activities. Version 4.00 NOT PROTECTIVELY MARKED 16

17 7.3.3 Depending on the nature of the event the Licensing Authority may have a set of Local Conditions, which are applied to all similar events, i.e. those taking place in outdoor marquees. (Appendix C) 7.4 Enquiry Process Where a Licensing Board receives an Occasional Licence application, the Board must give notice of it, together with a copy of the application, to the Chief Constable and any Licensing Standards Officer for the area. There is no requirement for either the Chief Constable or LSO to provide a report to the Licensing Board An LSO may, within 21 days of receipt of a Notice above, prepare and submit to the Licensing Board a report setting out their comments on the application There is also a facility within the legislation enabling the Board to 'fast track' the application, in which case the reference to 21 days is reduced to within a period of not less than 24 hours Any person (which includes the Chief Constable) may by Notice to the Licensing Board, object to the application on any of the relevant grounds for refusal, which are very similar to a Premises Licence application, see paragraph or make representation in support of the application, or as to conditions which the person considers should be imposed. Such Notices must be provided within 7 days of the occasional licence application being notified by the Board Where the Police have received a copy of the Occasional Licence application, this should be assessed in respect of the applicant and the nature and location of the event, in conjunction with the Local Police Commander. There is no opportunity within the legislation to review an Occasional Licence, therefore the assessment of likely impact and content of appropriate Notice provided to the Board is essential. Cognisance should be taken of the impact of any similar event held previously, either by the applicant or at the venue. The assessment will vary depending on the nature of the event and may be straightforward, such as a charitable fund raising event in a village hall, or quite complicated, such as the Hogmanay celebrations in Edinburgh City Centre, which may require a full EPOC (Event Planning and Organising Committee) assessment. Where it is not possible to provide a Notice within the statutory deadline an Interim Notice intimating that a fuller report will be provided should be submitted to the board. 7.5 Determination Where a Licensing Board does not receive any Notices of objection or representation, and there are no grounds to refuse (similar to those for a Premises Licence application) the Board must grant the application. Version 4.00 NOT PROTECTIVELY MARKED 17

18 7.5.2 In any other case the Board must consider whether any of the grounds for refusal apply, if none apply grant the licence, if any do apply the Board must refuse the application. For the purpose of determining whether any grounds do apply the Board may hold a hearing. Where the Board does not hold a hearing it must ensure, before determining the application that the applicant is given an opportunity to comment on any Notice of objection or representation. In addition the Board must take into account any report from an LSO Where a Licensing Board grants or refuses an Occasional Licence application, the Board must give Notice of the decision to the applicant, the Chief Constable, the LSOs and any person who gave Notice of objection or representation. Any of these persons can request a 'Statement of Reasons' for the decision from the clerk to the Board. Any consideration given to requesting a statement of reasons should firstly be discussed with the Licensing Policy Unit prior to submission An Occasional Licence has effect for a period of not more than 14 days as the Licensing Board may determine If the granting of an Occasional Licence application would result in the Occasional Licence limit being exceeded the Board must refuse the application. Scottish Ministers may prescribe regulations limiting the number of Occasional Licences that have effect at a premises, or the number of days on which such a licence may have effect, including the number of consecutive days When an Occasional Licence is granted it will include an Operating Plan outlining similar details to a Premises Licence in relation to when the Licence has effect, admittance of children, activities etc. It will also name the applicant or person responsible for the sale of alcohol. 7.6 Special Provisions for Members Clubs Whilst Occasional Licences can only be granted for unlicensed premises, special circumstances exist in the case of Licensed Clubs, introduced by The Licensing (Clubs) (Scotland) Regulations 2007 (SSI 2007 No. 76). This legislation allows for Occasional Licences to be granted in respect of premises licensed as a Club. During the tenure of the Occasional Licence, the Club Premises Licence has no effect and any provision of alcohol is authorised by the Occasional Licence. This allows members of the public to be admitted to the premises without a requirement for them to be signed in by a club member The Regulations restrict the number of Occasional Licences that may be granted in respect of Licensed Club Premises. These provisions are the same as those that apply to Occasional Licences granted to Voluntary Organisations. Version 4.00 NOT PROTECTIVELY MARKED 18

19 7.6.3 It should be noted that as a Premises Licence Holder, a licensed club may currently apply for an unrestricted number of Occasional Licences in respect of unlicensed premises away from the premises for which they hold the (Club) Premises Licence Members Clubs are not required to have a Premises Manager (and thus Personal Licence Holder authorising the sale of alcohol) when operating as a club, as per the regulations previously mentioned. When they operate under an Occasional Licence the club regulations do not apply and the Occasional Licence mandatory conditions do. There is also an exemption from requiring the sale of alcohol to be authorised by a Personal Licence Holder when the club operates under an Occasional Licence. 7.7 Special Provisions for Voluntary Organisations A Licensing Board may issue in respect of any one voluntary organisation in any period of 12 months: Not more than 4 Occasional Licences, each having effect for a period of 4 days or more; and Not more than 12 Occasional Licences, each having effect for a period of less than 4 days. Provided that, in any period of 12 months, the total number of days on which Occasional Licences issued in respect of the organisation have effect does not exceed Management of Licence Premise and Personal Licence Holders 8.1 The enforcement of the law in respect of licensed premises remains with the police. The police powers within legislation should help ensure that Premises Licence Holders, Occasional Licence Holders, and Premises Managers, carry out their responsibilities in a way that helps maintain order and minimises anti-social behaviour on licensed premises. The powers are intended to make individuals more aware of their responsibilities to the wider community. 8.2 Good practice should involve an effective working liaison, and system of communication between the police, LSOs and licence holders of licensed premises making full use of the range of options (Appendix D) available and agree course of action to solve the problem. 8.3 The potential, as well as actual use of Police powers, should help prevent disorder on the relevant premises. They should have a significant deterrent value. In addition, an effective police enforcement and intervention policy, promoting good crime prevention strategies and professional practice among licence holders and managers should result in the extended powers being used minimally. A consistent problem solving approach should be applied. Version 4.00 NOT PROTECTIVELY MARKED 19

20 Any time an intervention is agreed it should be documented on the Licensing intervention plan and stored within CoreDMS on the National Innkeeper database. 8.4 Powers of Entry Police Officers have power of entry to all licensed premises, at any time, under sections 138(1) Licensing Scotland Act Registered Clubs, as the holders of a Premises Licence, fall within the same parameters as all other licensed premises, and as such, Police Officers have the right of entry to confirm that the premises are being conducted in keeping with their Operating Plan A Police Officer may, at any time, enter and inspect any premises (other than licensed premises) on which food or drink is sold for consumption on the premises, if the Police Officer has reasonable grounds for believing that alcohol is being sold on the premises without a Premises or an Occasional Licence. However, where the Police Officer is below the rank of Inspector the power to do so may only be exercised if they have written authority from a Police Officer of Inspector rank, or above, or from a Justice of the Peace The Police have extensive powers in relation to addressing crimes and offences within licensed premises. Offences addressed within the legislation include those associated with children and young persons, drunkenness and disorderly conduct, those related to the sale of alcohol including hours, remote deliveries and smuggling. Certain offences carry a statutory defence of "due diligence", whilst Premises Licence Holders and Interested Parties may be vicariously liable under the legislation. Officers should consult the relevant sections of the Licensing (Scotland) Act Where a Police Officer deals with an incident which is either at or linked to the premises, or has inspected, or been tasked to inspect a licensed premises in the course of their duties, they must submit the incident or inspection on to the Innkeeper National IT Database by the end of their tour of duty. Any intelligence gleaned should be committed to SID and any crimes and offences detected committed to the appropriate crime recording systems. 8.5 Interaction and Intervention On every occasion that there is an issue or incident at a Licensed Premises the Area Commander in consultation with the Divisional Licensing team should consider if there is a problem solving approach that could be implemented that would prevent similar incidents or issues reoccurring. Applying a problem solving approach to licensed premises where issues have arisen can often result in an improvement in standards and practices without recourse to a formal review hearing at a Licensing Board. In addition it ensures that the police have utilised a fair and incrementally evidenced based approach to resolve the problem through a range of options as per Appendix D. Version 4.00 NOT PROTECTIVELY MARKED 20

21 8.5.2 The use of police powers in relation to licensing enforcement may require the interview of key individuals. When interviewing persons not officially accused, Police Officers should be mindful of the legal rights afforded to individuals under Criminal Justice (Scotland) Act 2016 regarding access to a solicitor by those not officially accused These guidelines apply to all cases where individuals are interviewed as not officially accused in Police Stations whether; arrested on suspicion under Section 1 Criminal Justice (Scotland) Act 2016, during voluntary attendance for interview or, under extreme circumstances, post arrest questioning as covered by the act. Limited questioning at the locus or outwith a Police Station is permissible to the extent that it is required to determine if a crime has been committed, who may have committed it and if there are reasonable grounds to suspect that the individual is the offender, and whether the offender is entitled (or intending) to rely on any statutory defence or wishes to put forward any exculpatory information In the vast majority of licensing compliance cases the interaction with those officially accused and not officially accused will take place in licensed premises and not a Police Station therefore access to a solicitor will not apply, but officers should be mindful of guidance on this matter, which is that where 'legal compulsion or constraint is used' there would be a requirement for access to a solicitor. 8.6 Exclusion Orders Where a person is convicted of a violent offence committed on, or in the immediate vicinity of licensed premises, a court may make an order prohibiting the person from entering the licensed premises, or such other premises as the Court may specify, except with the appropriate consent When a person is arrested for a violent offence, committed on, or in the immediate vicinity of licensed premises, the reporting officer should insert a comment into the remarks section of the report requesting that if the person is found guilty, the Procurator Fiscal requests the court to consider issuing an exclusion order. Additionally, the holder of a Premises Licence may by Summary Application to the Sheriff, no later than 6 weeks after the date of the conviction, seek such an order should it not have been requested by the officer. Should the Procurator Fiscal issue an exclusion order this information will be updated on PNC An exclusion order has effect for not less than 3 months and not more than 2 years. It is a criminal offence to breach an exclusion order Section 95 Licensing (Scotland) Act 2005 provides that where a person enters licensed premises in breach of an exclusion order, an authorised person may remove the person from the premises and, if necessary, use reasonable force to do so. If asked by an authorised person to assist in Version 4.00 NOT PROTECTIVELY MARKED 21

22 removing the person, a Constable must do so, if the Constable reasonably believes that the person entered the premises in breach of an exclusion order, confirmation should be made to ensure exclusion order is in place, thereafter the person should be arrested. 8.7 Closure Orders A Closure Order is an order requiring the licensed premises to be closed for such period as may be specified in the order. Any consideration being given to a closure order application should be discussed with the National Licensing Policy unit, this excludes emergency closure orders A Licensing Board may make a Closure Order (Form ) on application by a Senior Police Officer (defined within the Act as a Constable at or above the rank of Superintendent), if the Board is satisfied that, by reason of the likelihood of disorder on, or in the vicinity of the premises, closure of the premises is necessary in the interests of public safety A Police Officer of Inspector rank or above can make an Emergency Closure Order' (Form ) if the Officer reasonably believes that: (a) There is, or is likely imminently to be, disorder on, or in the vicinity of any licensed premises; (b) Closure of the premises is necessary in the interests of public safety; and (c) The risk to public safety is such that it is necessary to do so immediately and without making an application to the Board. Such an application must be made on the form set out in regulations. (SSI 2007 No. 35, Part 1 Schedule 2.) The period of closure specified in an Emergency Closure Order must not exceed 24 hours A Closure Order comes into force in relation to any licensed premises to which it relates when a Constable gives notice of it to a responsible person Any responsible person who allows licensed premises to be open in breach of a Closure Order commits an offence A Constable of or above the rank of Inspector may, before an Emergency Closure Order has expired, if certain conditions are met, extend the original closure order for a further period not exceeding 24 hours. These conditions are: That there continues to be, or is likely to be, disorder, on or in the vicinity of, the premises. That extending the original Closure Order period is necessary in the interests of public safety, and Version 4.00 NOT PROTECTIVELY MARKED 22