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The Nicholson Committee: Review of Liquor Licensing Law in Scotland
CHAPTER 4
LICENCES
Types of licence
4.1 Under existing law there are seven different types of licence which may be granted by a licensing board. 1 They are: a public house licence; an off-sale licence; a hotel licence; a restricted hotel licence; a restaurant licence; a refreshment licence; and an entertainment licence. In addition there is the separate system for the registration of clubs. Many of our consultees have said to us that this proliferation of different types of licence is confusing and unhelpful, and they have suggested that for the future there would be advantage in simply having two types of licence - a premises licence and a personal licence. That suggestion was in fact made by us in the consultation paper which we issued at an early stage in our work. It was also suggested for England and Wales in a White Paper 2, and that suggestion is now reflected in the recently introduced Licensing Bill for England and Wales. That Bill provides for a single form of licence for all licensed premises with each licence being tailored for the type of premises in question by reference to an operating plan or schedule lodged by the applicant for that licence. In addition, a personal licence would be granted to a named individual. It would authorise him or her to manage and to operate licensed premises without supervision, and at the same time it would authorise that person to supervise others. It has been suggested to us that one of the advantages of a separate personal licence is that it would make it much easier for a person such as a bar manager to move from one public house to another, possibly in a different part of the country. Provided that the personal licence was still valid at the relevant time, all that would be required would be registration with the licensing board for the area to which he or she was moving, and at the same time intimation of the name of the premises (in respect of which a premises licence would be in force) in which he or she would be working thereafter.
4.2 We can see considerable attractions in departing from the present system of having seven different types of licence. The differences between the various types of licence are not always immediately apparent, and that is particularly so in the case of public house and hotel licences which are described in the Schedule to the 1976 Act in identical terms apart from the use of the words "public house" in one case and the word "hotel" in the other. This, it has been submitted to us, can lead to what some consultees have described as "licensing by stealth". Examples of what that means include cases where a hotel licence has been granted on the basis that the premises will be used primarily as a hotel with a small bar area for patrons. What later happens, however, is that the bar area is extended inexorably both within the premises and sometimes in the open air outside with the result that the premises effectively become a large super-pub, attracting many hundreds of patrons at a time, with a few letting bedrooms attached. Another example which has been given to us involves the small grocery shop which seeks an off-sale licence ostensibly to enable it to carry a small stock of beer, wine and spirits in addition to its main stock of groceries. In some such cases, however, we have been told that what has happened thereafter is that the groceries virtually disappear and the whole shop is turned into a large off-sales emporium. Yet another example involves establishments which were granted an entertainment licence for a fairly modest type of entertainment but which then develop so as to provide what is sometimes referred to as "exotic" entertainment of an overtly sexual kind. A further difficulty with the current system of licences is that off-sale licences are subject to a different regime from other licences. By virtue of section 119 of the 1976 Act off-sale premises are subject to a regime of trading hours which is different from the system of permitted hours applicable to other licensed premises; and there is no provision for the extension of off-sale trading hours. 3 Under a system of premises licences any variations between premises of different kinds would be contained in the terms and conditions of individual licences rather than in a general statutory provision.
4.3 In our view it is important that, when a licence is being granted, a licensing board should know with some certainty the kind of operation which will be permitted in terms of the licence, and that an operation of that kind should be adhered to by the licence holder thereafter. Given the nature of the grounds on which an application for a licence may be refused, 4 (and, as will be seen later, 5 we do not propose any radical changes to those grounds), it is in our view of the utmost importance that, when deciding whether or not an application for a licence should be granted, a licensing board should be able to be reasonably satisfied that the kind of operation for which a licence is being sought will remain substantially unchanged once a licence has been granted. As will be seen later 6 we consider that in future there should be a system whereby a board will be entitled at any time to review the terms and conditions of a licence if it is satisfied, on the basis of information put before it, that premises are being operated in an unacceptable manner which is inconsistent with the terms of the licence and with the promotion of the "licensing principles". However, it will obviously be in everyone's interests (including those of the licence holder) if the precise nature of the licensed operations are prescribed with clarity at the stage when the licence is first granted. For the foregoing reasons we consider that the time has come to depart from the present system of seven somewhat ill-defined types of licence to a system where each licence will clearly state the nature of the operations which may be undertaken by the licence holder.
A premises licence
4.4 We have come to the conclusion that the most satisfactory way of meeting the foregoing objectives will be by having, as is currently proposed for England and Wales, a single premises licence and a separate personal licence. So far as the premises licence is concerned what we have in mind is that, at the stage when application is made for such a licence, the applicant should lodge an operating plan or schedule which would set out the detail of the operations to be carried out in the premises in question. That operating plan or schedule would, for example, specify matters such as the hours when it was proposed to have the premises open for the sale of alcohol, 7 the parts of the premises which would be used for different purposes, the applicant's proposed policy in relation to the admission of children, 8 and so on. We consider that the operating plan should also contain a layout plan which would not simply show physical characteristics such as walls and windows but which would also show with precision matters such as the size of a bar counter, the amount of shelving to be used for display purposes in an off-sale establishment, the provision of seating, and the like. Additionally, in our view, the operating plan should also be required to name a designated personal licence holder who will be in charge of the premises, and who will be accountable for ensuring on a day-to-day basis that the premises are operated in an acceptable manner and in a way which respects the requirements of licensing law. In some instances, of course, and particularly where the premises are small, the designated personal licence holder will be the same person as the premises licence holder; but at the other extreme, where the premises are very large, it is possible that more than one personal licence holder may be employed by the premises licence holder. In such cases we consider that it will be desirable to have a single personal licence holder identified as being in charge and accountable. In cases where a provisional grant of a premises licence is being sought 9 this will not, of course, apply at that time: but regulations should prescribe a time prior to the actual opening of the premises when a designated personal licence holder must be named. In essence the operating plan would be designed to give to a licensing board, and to potential objectors, a clear and detailed description of the nature of the operations to be carried out in the event of a premises licence being granted.
Duration of premises licence
4.5 Under existing law a liquor licence continues in effect for a period of three years. 10 Under the system which we are proposing we see no reason for such a time limit. Once it has been decided that particular premises are suitable for the sale or supply of alcohol in accordance with the terms of the operating plan or schedule lodged at the time of first application, and with any other terms which may be attached to the licence by a licensing board, there is, in our view, no reason why that premises licence should not continue in force indefinitely. Obviously, such a licence will come to an end if the premises in question cease to be used for the sale or supply of alcohol. In other circumstances, however, we consider that all that will be required will be a variation of the terms of the licence so as to take account of, for example, new ownership of the premises or a variation of the operations described in the original operating plan or schedule. Such a variation might involve, for example, no more than a change in the name of the designated personal licence holder in charge of the premises, or it might involve a change in the operating plan itself such as a change in the layout and use of the premises or a change in opening hours. We suggest later how such variations might be simply and quickly accomplished. 11 Variation, or indeed suspension or revocation, might also occur if a complaint about the conduct of licensed premises were to be upheld by a licensing board. 12 If effect were to be given to the foregoing proposals the need for regular, large, meetings of licensing boards would be much diminished. Moreover, these proposals would remove a problem to which our attention has been drawn by, in particular, licensees in premises such as very small hotels or guest houses where a liquor licence, and the activities associated with it, represent only a very small part of the business as a whole. They have said to us that, in the circumstances of their kind of business, it is all too easy to forget to apply at the requisite time for renewal of a licence; but, under existing law, 13 such forgetfulness can result in the automatic expiry of the licence. Under our proposals such a problem would not arise.
4.6 For the avoidance of any doubt we should make it clear that what we are proposing in relation to a premises licence should apply to premises of any kind in which alcohol is sold or supplied. Our proposals, therefore, would apply to premises which currently hold public house, restaurant, off-sale or entertainment licences or any of the other current types of licence which we detailed at the beginning of this chapter. They would also apply in respect of the premises of what are presently registered clubs. 14 Appropriate distinctions between different types of premises, and the operations carried on in them, would in future be set out in the terms and conditions of the premises licence with those terms and conditions being for the most part based on the content of the operating plan or schedule submitted by the premises licensee himself. So far as that licensee is concerned we doubt whether it is necessary to retain the provision in section 11 of the 1976 Act which deals with the situation where an applicant for a licence is not an individual natural person. If effect were to be given to our proposal that in future there should be separate premises and personal licences, with the holder of a premises licence being required to name a designated personal licence holder who would be in day-today charge of the premises, the rationale for section 11 would be satisfied, but there would then be no reason why the holder of a premises licence should not be a non-natural person such as a limited company. 15
A personal licence
4.7 Under the proposals contained in the English Bill a personal licence would be granted to a person aged 18 or over who possessed appropriate, approved, qualifications; and it would remain in force for a period of 10 years with the possibility of renewal for further periods of 10 years thereafter. A personal licence would authorise the person concerned to sell or supply alcohol, and an application for the grant of such a licence would normally be made to the licensing authority in the area where the applicant is ordinarily resident. The English Bill also provides that a personal licence must be granted where the requirements as to age and appropriate qualification are met, where no personal licence held by an applicant has been forfeited in the preceding period of five years, and where the applicant has not been convicted of any relevant offence. Where an applicant has been convicted of a relevant offence the local Chief Constable must be consulted, and he may issue a notice to the effect that the granting of a personal licence would undermine what is described in the English Bill as "the crime prevention objective". Under our general proposals the "licensing principles" would fulfil a similar purpose. 16 For the foregoing proposal to be effective, of course, it will be necessary to have some sort of central register of personal licences, and it will also be necessary to have a reliable system for ensuring that, when a personal licence holder is convicted of a relevant offence, the fact of that conviction is speedily made known to the relevant licensing authority. We deal further with the latter of these matters in paragraphs 7.17 and 14.5 below. So far as a central register is concerned we imagine that it would probably consist of a computerised database; but, given that personal licences may also come into existence in England and Wales, we consider that there may be advantage in examining the possibility of having a single register covering all three countries. We have not ourselves examined this possibility in any detail, and for present purposes we merely mention it as something which may be worthy of consideration.
4.8 We consider that the personal licence proposals which we have just summarised are broadly acceptable, and should be introduced into any new legislation for Scotland. However, there is one matter on which we have some reservations. It relates to the licensing qualification which is to be a prerequisite to the grant of a personal licence. We fully support the proposition that personal licence holders should be trained and should possess an appropriate qualification demonstrating that such training has taken place. Indeed, as will be seen later, 17 we consider that appropriate training should be provided for most staff in licensed premises regardless of whether or not they are personal licence holders. However, it seems to us that the level, and extent, of any training that may be required is likely to depend on the nature of the work that the person in question is proposing to undertake. To take an extreme example, it seems to us that a person who is to be the designated personal licence holder in a large night club containing several bars and attracting many hundreds of clients at the same time will require much more extensive training than a grocer in a small corner shop who requires the licence simply to entitle him to sell small quantities of beer, wine or spirits for consumption off the premises. It does not appear to us that the English Bill draws any such distinction since it simply defines "licensing qualification" in very general terms.
4.9 Our view is that such a distinction is desirable, and we consider that provision should be made for different levels of approved licensing qualification to reflect the range of activities which the holder of a qualification would be entitled to undertake. That would mean that a person such as the grocer whom we have used as an example in the previous paragraph would not be required to devote time, and no doubt expense, to a course of study and training in a range of matters that would never be of any significance in his business.
It would also mean that, in an application for the grant or variation of a premises licence, the designated personal licence holder would require to possess an approved licensing qualification relating to the kind of operation proposed for the premises.
4.10 On this whole matter, accordingly, we recommend:
11. (a) The existing system of licences should be replaced by a system consisting of a premises licence authorising the sale or supply of alcohol in the named premises, and a personal licence authorising the person named in the licence to manage and to operate licensed premises and to sell or supply alcohol without supervision.
(b) An application for a premises licence should be accompanied by an operating plan or schedule setting out in detail the nature of the operations to be conducted in the premises, and by a layout plan setting out the precise location and extent of items such as bar counters, display shelving, etc. The plan or schedule should also name a designated personal licence holder who would be responsible on a day-to-day basis for conducting the business in the premises in a manner consistent with the terms and conditions of the licence and in accordance with licensing law and with the promotion of the licensing principles. In a case where there has been a provisional grant of a premises licence regulations should specify a time prior to the opening of the premises by which intimation of the name of the designated personal licence holder must be made to the licensing board.
(c) Once granted, a premises licence should continue in force for an unlimited period of time, and without any requirement for periodical renewal.
However, it would come to an end if the premises in question ceased to be used for the purpose for which the licence was granted. It would also require variation in certain circumstances such as a change in the ownership of the premises or a change in the nature of the operations being conducted in the premises in question. It could also be varied, suspended, or indeed revoked,
in the event of a complaint being upheld by a licensing board.
(d) A personal licence should authorise the holder of such a licence to manage and operate licensed premises, to sell or supply alcohol without supervision, and to supervise others.
(e) In order to obtain a personal licence application should be made to the licensing board in the area where the applicant is ordinarily resident. Such a licence should be granted if it appears to a licensing board that the applicant is aged 18 or over, that he or she possesses a licensing qualification, that no personal licence held by him or her has been forfeited in the immediately preceding five years, and that he or she has not been convicted of any relevant offence. There should be a central register of personal licence holders.
(f) For the foregoing purpose "licensing qualification" should mean a qualification of a kind to be prescribed in regulations and which is appropriate for the kind of licensed activity which the applicant proposes to undertake.
(g) Where it appears to a licensing board that an applicant for a personal licence has been convicted of a relevant offence the board should consult the Chief Constable for the area, and it should be open to him to object to the grant of a licence on the ground that the applicant is unlikely to operate licensed premises in a manner which is consistent with the promotion of the licensing principles.
A 'relevant offence'
4.11 For the purposes of recommendations 11(e) and (g) above it will be necessary to define what is meant by a 'relevant offence'. Obviously, in our view, that definition should include any offence under liquor licensing legislation. Additionally, it should also include a range of other offences, including offences of violence and dishonesty, and also perhaps offences of drink-driving under road traffic legislation. We have not considered this matter in great detail, nor have we consulted about it; and in that situation we simply note that this is something which will require consideration were effect to be given to our main recommendations as set out above.
Additional terms or conditions attached to a premises licence
4.12 Under our proposals the main terms and conditions attached to a premises licence will reflect the content of the operating plan or schedule lodged at the time of an application for the grant or variation of that licence. Indeed, so far as that is concerned we imagine that a licence might simply make reference to that plan or schedule without repeating all of its content in the licence itself. However, two associated questions call for consideration.
The first is whether there should be standard conditions attached to all licences regardless of what is, or is not, contained in the operating plan or schedule. The second is whether a licensing board should have the power to impose its own terms or conditions either by varying what is set out in the operating plan or by adding terms or conditions not mentioned there at all. We deal with each of these questions in turn.
4.13 In our view it is likely that there will be a range of terms or conditions which ought to be attached to all licences but which will not necessarily be referred to in an operating plan or schedule. Later in this report 18, for example, we deal with the problems associated with intensive promotional activities, and there we suggest the inclusion in all premises licences of a standard condition aimed at curbing promotional activity which is of an irresponsible kind. It is also, we think, likely that there will be a need for certain standard conditions in relation to those premises which propose to admit children. 19 There may well be other matters in respect of which standard conditions will be desirable. In our view the most appropriate way of dealing with this will be by a statutory provision authorising the making of regulations which will prescribe standard conditions which are to be attached to all premises licences, or to all premises licences of a certain kind.
4.14 The addition of terms or conditions by a licensing board may not give rise to difficulty in some instances. For example, it may be clear that special terms or conditions are appropriate in respect of certain premises to which sections 18A and 18B of the 1976 Act presently apply. (These are the provisions which were introduced in 1996 to cater for certain defined dance-type events known as "raves" at which drug-related offences might be committed.) Normally, we imagine, the need for such conditions will be drawn to the attention of a licensing board by the Chief Constable. However, there may be a question as to whether, in the absence of formal objections or representations, a licensing board should be entitled at its own hand to modify the terms of a premises licence by varying, or by adding to, the terms set out in an applicant's operating plan or schedule. As we understand it, the Licensing Bill for England and Wales requires that a premises licence should be granted in precisely the terms sought if no representations to a contrary effect have been advanced by any of those entitled to put forward such representations. Our general scheme, on the other hand, would entitle licensing boards to take a much more pro-active role than is contemplated for licensing authorities in England and Wales; and it would, we believe, be consistent with such a role that boards should be entitled, even in the absence of objections, to require modification of proposed terms and conditions before agreeing to the grant of a premises licence. Any such requirement would be made by reference to the declared statements of policy issued by the board in question, 20 and by reference to what is necessary for the promotion of the "licensing principles".
4.15 There is, no doubt, a theoretical risk that, by allowing licensing boards to modify the terms of a premises licence, even in the absence of objections, it would be possible for a licensing board to pursue a policy which would be entirely at odds with the relatively relaxed licensing regime which we are proposing in this report. As will be seen later, 21 for example, we are recommending a complete departure from the present system of fixed permitted and trading hours to one where it will in theory be possible for premises to obtain authorisation to open at all hours of the day and night. If licensing boards are to be entitled to impose their own terms and conditions on a premises licence even in the absence of objections, it would technically be possible for a particular board to restrict opening hours to a level even less than is presently the case. However, all licensing boards will be required to conduct their business consistently with declared policies (which will themselves have to comply with the "licensing principles"): and all decisions taken by licensing boards would, under our proposals, be subject to an appeal. Moreover, under our proposals licensing boards would be required to have regard to national guidance offered by Ministers (possibly on the basis of advice given by the National Licensing Forum). In our view all of that is likely to provide a sufficient safeguard against any decisions in relation to the terms of a premises licence which are merely capricious and which are inconsistent with the general thrust of any new legislation. In our view any small risk that licensing boards might misuse a power to modify the terms of a licence, even in the absence of objections, will be outweighed by the desirability of allowing boards, on their own initiative, to take such steps as appear to be appropriate in the interests of promoting the "licensing principles". In relation to the foregoing matters, accordingly, we recommend:
12. (a) Legislation should authorise the making of regulations setting out standard conditions which must be attached to all premises licences.
(b) Where an application has been made for a premises licence it should be open to a licensing board to modify, or to add to, the terms set out in the operating plan or schedule in order to give effect to the board's declared policies and to promote the licensing principles. The foregoing power should be available to a board regardless of whether or not any of those entitled to do so have lodged objections or representations in respect of the application.
(c) A decision by a licensing board to modify, or to add to, a term in an operating plan or schedule, and a decision not to do so notwithstanding objections or representations to that effect, should be subject to appeal.
Permitted capacity and public safety
4.16 As will be seen later in this chapter 22 we are recommending the retention of something like the present statutory provisions which require applicants to produce certificates as to the suitability of premises in relation to planning, building control and food hygiene. It is our view that the interests of public safety require that an applicant for a premises licence should also produce a certificate confirming that the local fire authority is satisfied that the premises, and the use to be made of them, are unlikely to constitute a fire hazard. 23 Such a certificate would take account, among other things, of suitable emergency exit routes, adequacy of lighting, and so on. In appropriate circumstances it should also, we consider, specify a maximum number of people that the premises should be permitted to accommodate at any one time. Given the current proliferation of very large licensed premises which are intended to attract considerable numbers of customers at any one time, we consider that this is an aspect of public safety which should not be ignored. 24 At the present time, however, it appears to be the case that a fire authority has no statutory duty to provide a fire certificate in respect of most licensed premises, and in that situation there may be a reluctance on the part of Firemasters to intrude on what they see as a responsibility which truly falls on employers.
4.17 Section 1 of the Fire Precautions Act 1971 allows Scottish Ministers to designate by order particular uses of premises requiring a fire certificate. However, so far as we have been able to ascertain, only two such orders have been made, namely the Fire Precautions (Hotels and Boarding Houses) (Scotland) Order 1972 and the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989. Other than in relation to hotels, and presumably off-licence shops, neither of the foregoing orders extends generally to licensed premises. Moreover, the Fire Precautions (Workplace) Regulations 1997, as amended in 1999, place an obligation of risk assessment on employers in respect of places of work, which of course include licensed premises. It is on that account that Firemasters may well be entitled to say that they have no statutory duty to intervene in relation to licensed premises.
4.18 In our opinion the present situation, if we understand it correctly, is unsatisfactory. We are of the view that considerations of public safety must be taken into account by licensing boards when deciding whether or not to grant a premises licence. For that reason we consider that all applications for a premises licence should be accompanied by a certificate of suitability from the relevant fire authority. Furthermore, we consider that in appropriate cases a licensing board should be entitled to require a safe maximum capacity figure to be provided by the fire authority. It should, we suggest, be for individual licensing boards to specify in their declared policies what will be regarded as "appropriate cases", but we imagine that a maximum capacity figure will be particularly necessary in the case of large night clubs and super-pubs. It may well be the case that this is something on which the National Licensing Forum and Ministers may wish to offer guidance. We note that one of the uses of premises in respect of which an order may be made under the 1971 Act is "use for any purpose involving access to the premises by members of the public, whether on payment or otherwise". 25 We tend to think that that might provide a basis for the making of an appropriate order. However, that will be for others to decide. For the moment we simply recommend:
13. (a) In the interests of public safety all applications for a premises licence should be accompanied by a certificate of suitability from the relevant fire authority.
(b) Steps should be taken to make it a statutory requirement for fire authorities to consider an application for such a certificate in respect of premises which are to be used for the sale or supply of alcohol and, where appropriate, to grant it.
(c) In appropriate cases a licensing board should be entitled to require the fire authority to specify a safe maximum capacity for specified premises and, where that has been done, a board should be entitled to make it a condition of a premises licence that the specified maximum capacity should not be exceeded.
Planning and other considerations
4.19 Under existing law 26 an applicant for the grant or provisional grant of a new licence (other than an off-sale licence) must produce certificates as to the suitability of the premises in relation to planning, building control and food hygiene. We consider that those requirements should continue in respect of applications for a premises licence, and that, of course, will mean that in future the requirements will apply in relation to off-sale as well as on-sale premises (though we recognise that, since some off-sale premises may not sell food, the food hygiene requirements may not apply in such cases). In our view it is entirely appropriate that the requirements should be so extended. However, they potentially give rise to two problems. The first is that a local authority department, responsible for granting one of the foregoing certificates, may take it upon itself to impose higher standards than are required by statute simply because it is intended that premises should be used as licensed premises. That problem was considered by the Clayson committee 27 who plainly stated that there should be no question of the appropriate certificate being refused on that account. We agree with that. However, we also agree with the Clayson committee that, if a local authority department has concerns which fall outwith the strict statutory criteria for the grant or refusal of a certificate, they should be at liberty to bring those concerns to the notice of a licensing board. 28
4.20 Such a course would, we believe, sit well with our proposal that a licensing board should be able to attach or to modify the terms and conditions applying to a licence when there are persuasive reasons for doing so However, that brings us to the second of our potential problems. That is that some boards might be tempted, when considering the attachment of additional terms or conditions to a licence, to assume a planning, building control or food hygiene role for themselves, and to seek to impose conditions which went far beyond what was required for the grant of a certificate by the responsible authority. In our view the requirements of planning law, building control and food hygiene law should normally be presumed to be satisfied where appropriate certificates have been granted. However, it is our understanding that in some instances the requirements of planning law may overlap with, but not coincide entirely with, the requirements of licensing law, particularly under the new scheme which we are proposing. We therefore consider that, even where appropriate certificates have been granted, it should be open to a licensing board to have regard to other related matters where that is necessary or desirable for the purposes of licensing law and for the promotion of the "licensing principles". In any event, and as we have already observed, 29 where additional or modified conditions are attached to a premises licence by a licensing board, that decision should be open to an appeal. We therefore recommend:
14. (a) It should be a requirement that any application for the grant or provisional grant of a premises licence (including a licence in respect of off-sales) should, as appropriate, be accompanied by certificates from the relevant authority in respect of planning, building control and food hygiene.
(b) It should be competent for a licensing board to attach to a premises licence additional terms or conditions relative to such matters where that is advised by the relevant authority or where that is necessary or desirable for the purposes of licensing law and for the promotion of the licensing principles.
Training of those working in licensed premises
4.21 Almost without exception our consultees urged us to make training mandatory for all who work in licensed premises whether as managers or as servers. There was also support for appropriate training to be given to door stewards, and for such training also to be mandatory. We strongly support the concept of appropriate training for all who are involved in the licensing system though, as will be seen shortly, we doubt whether it would be practicable to require every person who works in licensed premises to have received formal training of a kind leading to a recognised qualification. We have already recommended 30 that possession of an appropriate and approved qualification should be a necessary prerequisite for any applicant for a personal licence. We have also, earlier in this report, 31 recommended that appropriate training should be a prerequisite to sitting as a member of a licensing board. Our inquiries have revealed that appropriate training for all who are involved in the licensing system can make all the difference between premises which are well and responsibly run and those which are not.
4.22 We are, of course, conscious of the fact that many who work in licensed premises at present are already trained to a high standard as a result of the excellent training courses which are currently available around the country, and we strongly encourage the continuation of that practice. We consider, however, that there would be advantage if appropriate training courses were to be given a seal of approval by means of official accreditation. That will in any event be necessary under our proposals in respect of personal licences. As in the case of training for members of licensing boards, 32 we consider that the detail of approved training courses and qualifications should not be prescribed in primary legislation. That detail is quite likely to change with the passage of time as new courses, and new course providers, come into existence, and we regard it as essential that the list of approved courses and approved course providers should be constantly kept up to date. That is something on which the National Licensing Forum is likely to be able to offer advice. Accordingly, it is our view that, while primary legislation should make provision for the accreditation of approved qualifications and training courses, the detail of how that training is to be provided should be prescribed from time to time in appropriate regulations. We therefore recommend:
15. In addition to the requirement that personal licence holders should hold an appropriate and approved qualification encouragement should also be given to the practice of having appropriate training for all who work in licensed premises whether as servers, door stewards or whatever. Appropriate training courses should be given official accreditation, and the courses so accredited should be specified in regulations.
4.23 Before leaving the topic of training we should add that it has been pointed out to us that formal training may not always be practicable in those premises which for various reasons are to some extent dependent on transient staff at certain times of the year. We recognise that problem, and we do not consider that the employment of transient, unqualified, staff should be prohibited. However, under our proposals the designated personal licence holder in any licensed premises will be responsible for ensuring that the business of those premises is conducted in a manner which is consistent with the terms of the premises licence, with the law, and with the promotion of the licensing principles. It will in our view be for that person to ensure that unqualified transient staff are given an adequate amount of in-house training and are at all times under the supervision of a fully trained member of staff. We accordingly recommend:
16. It should remain possible for licensees to employ from time to time casual staff who have not undergone formal training and who do not possess any prescribed qualification: but any such members of staff should be given basic instruction by the designated personal licence holder before starting work, and they should at all times be under the supervision of someone who is fully trained.
Modification of terms or conditions of a premises licence
4.24 If effect were to be given to our recommendations in relation to premises licences there will no doubt from time to time be circumstances in which the licence holder will wish to change the nature of the operation carried on in the premises in question: but that will probably not be permissible having regard to the existing terms and conditions attaching to the licence. In some instances the proposed change may be quite a modest one - for example, the enlargement of a bar area in a restaurant, or a slight change to opening hours. In other instances the change may be of a much more major kind - for example, changing the whole character of a public house so as to convert it into a night club. It is also, of course, possible that there may be a change in the ownership of licensed premises. To cater for such changing circumstances it will be necessary to have a procedure whereby a premises licensee can apply to a licensing board for a variation of terms and conditions. In a simple case, such as a change of ownership, all that is likely to be required is a simple application to the licensing board. Where the application is not objected to by those entitled to do so, we consider that the variation should simply be granted as a largely administrative matter, and without the necessity of a formal hearing. Indeed, subject to a board's declared policies, this may well be something which could properly be delegated to the clerk of a licensing board In the case of a more major variation in the nature of the operation being carried on in the premises we consider that the applicant should be required, among other things, to satisfy the board that the application has the approval of planning, building control, the fire authority and so on. Some national guidance as to what will constitute a major or a minor variation of the terms and conditions of a premises licence is likely to be helpful. That could be provided in primary legislation, but we tend to think that it would be better if guidelines were to be set out in licensing boards' declared policies with, as necessary, those guidelines being based on national guidance offered by Ministers on the advice of the National Licensing Forum. In all cases where a variation is applied for the application should be publicised in the normal way so that those entitled to object may have an opportunity of doing so. We accordingly recommend:
17. There should be a simple procedure whereby, if a premises licence holder wishes to have the terms or conditions attaching to his licence varied, he can apply to the licensing board with a view to that being done. Any such application should be publicised in the normal way so that those entitled to object may have an opportunity to do so.
Transitional provisions
4.25 If the licensing system, involving premises and personal licences, which we have been outlining in this chapter were to come into being, it would obviously be necessary to have some transitional provisions designed to ensure a smooth change to that new system. We do not consider that it is appropriate that we should try to work out the detail of such provisions. We suggest, however, that it will be essential to ensure that transitional arrangements are of a kind which do not swamp licensing boards with an unmanageable quantity of business within a short period of time. We therefore recommend:
18. If the new system of premises and personal licences which we have recommended is to come into existence there should be transitional provisions designed to ensure a smooth change to that system. Care should be taken to ensure that any transitional arrangements are of a kind which do not swamp licensing boards with an unmanageable quantity of business within a short period of time.
A booklet for licensees
4.26 In the course of our work we have received some very helpful information about the licensing system which is in place in the Province of British Columbia in Canada. That information was gathered by one of our members in the course of a visit to Canada. One feature of the system in British Columbia is a printed booklet entitled A Guide for Liquor Licensees in British Columbia: Terms and Conditions of a Liquor Licence. We understand that a copy of that booklet is made available to all licensees. It describes in detail all the standard terms and conditions of a liquor licence; it describes the compliance and enforcement procedures which are open to the relevant licensing authority; and it sets out the penalties which may be imposed in the event of licence terms and conditions not being observed.
4.27 We have been very impressed by this publication which not only provides a great deal of important information for licensees but also removes any possibility that an errant licensee might plead ignorance in the event of an infringement of the terms and conditions attaching to his licence. In the context of the proposals which we are making in this report any comparable booklet would, of course, have to deal with the position of both premises and personal licensees. In the circumstances we consider that there would be advantage in introducing a similar publication for licensees in Scotland. We accordingly recommend:
19. A guide for premises and personal licensees in Scotland should be prepared, and a copy of it should be provided to every licence holder. The guide should set out in detail what a licensee is, and is not, permitted to do in terms of his licence; it should explain any terms, conditions or precautions which are obligatory in terms of a licence; it should describe the procedures which may be followed in order to ensure compliance with those terms, conditions or precautions; and it should set out the penalties or other sanctions to which a licence holder may be subject in the event of infringement.
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