More of your questions answered in this months Hill Brown Licensing Q & A.
Question
Does the premises manager or a personal licence holder have to be on site at all times? An LSO has suggested they should be but I’m not convinced.
Answer
Audrey Junner, Partner Hill Brown
It would of course be impossible for the premises manager to be on duty everyday and indeed it is not required in terms of the legislation. The law states that every sale of alcohol has to be authorised by a premises licenceholder or another person who holds a personal licence. So you must always have a premises manager listed on the premises licence, except when you are benefiting from the 6 week exemption which applies if you notify the licensing board within 7 days of a person ceasing to be the manager. The authorisation itself can be either general or specific so there is no need for them to oversee each and every sale and can be deemed to have authorised even when not on the premises. You also ask if a personal licence holder has to be present. Strictly speaking they do not but it is good practice and would contribute to establishing a due diligence defence in the event of a licence breach.
Question
For years we have offered staff drinks at the end of the night once all the customers have gone and the clean down has been done. Our licence is until 12midnight and staff are usually there until 2am. They don’t need to pay for anything so we are not technically selling the alcohol. Is this a problem?
Answer
Yes it is. Sadly the introduction of the Licensing (Scotland) Act 2005 tolled the end for staff drinks. Under the old legislation provided sales were not made no offence took place. The 2005 Act changed this and the offence is now one of consumption outwith licensed hours. Any alcohol consumed after your licensed hours whether it’s purchased or not is prohibited. If your venue closes to the public before the end of your core hours then consumption in the remaining period is of course fine.
For more information you can contact Audrey directly at Hill Brown Licensing: AJ@mshblicensing.com