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Licensing (Scotland) Act 2005
Draft Statutory Guidance
Contents
1. Introduction
the licensing objectives
the guidance
how to respond to this consultation
2. Licensing Policy Statements
Background
licensing objectives
overprovision of licensed premises
licensed hours
relationship with other strategies
transport
tourism, employment, planning & building control
duplication
mandatory & discretionary licence conditions
content of policy statements
3. The Overprovision Assessment
transitional arrangements
capacity of licensed premises
4. The Premises Licence
background
operating & layout plans
internet & mail order sales
relevant licensing board
sports grounds
applications for variations
major variations
minor variations
objections & representations
transfer of premises licences
transfer on applications of person other than licence holder
applications to change the named premises manager
provisional premises licences
review of premises licences
powers of a licensing board on the determination of a review
general extensions to licensing hours
extended hours applications
licence conditions
irresponsible promotions
5. The Occasional Licence
procedure
notification & objections
police intervention
occasional extensions
extended hours application
relaxation of opening hours for local, national & international events
6. The Personal Licence
background
premises manager
application/eligibility for personal licence
renewal of personal licence
licensing qualification
relevant licensing board
review of personal licence
changes in name or address
updating the personal licence
relevant offences
7. Control of Order
general
closure orders
voluntary co-operation
in the vicinity of licensed premises
likely disorder
length of police closure orders
the manager of the premises
enforcing a closure order
anti-social behaviour (scotland) act 2004
exclusion orders
8. Excluded Premises
motorway service stations
garage forecourt shops
community resource
9. Exempt Premises
international airports & international ports
trains & aircraft
vessels
vessels on an international journey
vessels operating as ferries
power to ban the sale of alcohol on certain trains or ferries
10. Sale & supply of alcohol to children
background
defences
allowing sale of alcohol to children
sale of liqueur confectionery to children under 16
purchase of alcohol by or on behalf of children
consumption of alcohol by children
delivering alcohol to children
sending a child to obtain alcohol
prohibition of unsupervised sales by children
11. Licensing Standards Officers
background
mediation
training should enable LSOs to have the following skills
compliance
training should deliver
smoking
gaming legislation
hours of work
12. Other Offences
general, bodies corporate
prohibition of unlicensed sale of alcohol
drunk person entering or in premises on which alcohol is sold
obtaining alcohol by or for a drunk person
sale of alcohol to a drunk person
premises manager, staff etc. not to be drunk
disorderly conduct
refusal to leave premises
offences relating to sale of alcohol to trade
prohibition of unauthorised sale of alcohol on moving vehicles
delivery of alcohol from vehicles
prohibition of late night deliveries of alcohol
keeping of smuggled goods
13. Transition
framework
the transfer of existing premises licences
grandfather rights
garages/petrol stations & forecourt shops
personal licence applications
new licences
submission of hybrid applications
transfer of premises licences
members clubs
seamen's canteens
occasional licences
Annex 1 - Job description for Licensing Standards Officers
Annex 2 - Personal Specification for Licensing Standards Officers
Annex 3 - Form of application form for premises licences & operating plan
Annex 4 - Framework for grandfather rights & transition
Annex 5 - List of appeals provisions
Annex 6 - Unique local authority identifiers
Annex 7 - Example of closure orders forms
Annex 8 - Useful links and associated information
Annex 9 - Guidance for applicant on completion of application forms and operating plans for premises licences
Annex 10 - Guidance on member's clubs
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