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Annex 9 - Guidance for applicant on completion of application forms and operating plans for premises licences
General
The Application Form will, in many instances, be scanned for computer purposes and consequently should be completed in typescript or, if hand written, legibly in block capitals in BLACK ink.
All writing should be contained within the BOXES where these are provided.
Where YES/NO answers are required, the non-applicable answer should be clearly indicated by crossing out in BLACK ink.
The extent to which questions should be answered will be in direct proportion to the complexity or otherwise of the use to which the premises are to be subjected. For example, comparatively fewer details will be required for an applicant who intends to sell alcohol for off consumption in a village store as opposed to other premises which may be put to or have many differing uses.
The purpose of the Operating Plan is to give a Licensing Board the fullest possible details of the activities to be carried on in the premises; details of the times that alcohol is to be sold; details of whether alcohol will be sold for consumption on the premises, off the premises or both; details of any other activities in addition to the sale of alcohol which are to be carried on in the premises; whether or not children and young persons are to be allowed entry and, if so, the ages of the children or young persons, the times at which they are to be permitted entry and the parts of the premises to which they are to be allowed entry; details regarding the proposed capacity of the premises; and prescribed information about the premises manager.
Section One
Applicant Information
General
Any person, other than an individual under the age of 18, may apply to the appropriate Licensing Board for a premises licence in respect of any premises. [Licensing (Scotland) Act Part 3, 20(1)]
Question 1
The full name and address, including postcode, of the premises to be licensed should be provided. In instances where an applicant has not decided on a name for premises at the time of application, this should be indicated.
Question 2
2(a) Where the applicant (the proposed premises licence holder) is an individual, full name, date and place of birth, address to which correspondence should be sent including post code, e.mail address where applicable, and daytime telephone number should be provided. The home address of the applicant is not required
2(b) Where the premises licence is to be held by a partnership the full names, address to which correspondence should be sent including post code, daytime telephone numbers of each partner and e.mail address(es) where applicable should be provided. The home addresses of partners are not required.
2(c) Where the applicant is a Company provide Name, address of Registered Office including postcode, Company Registration Number, daytime telephone number and e.mail address where applicable.
2(d) Where applicable, full details of the Agent acting for the applicant for a Premises Licence should be given, including name, address and post code, daytime telephone number and e.mail address.
Question 3
3(a) The Licensing (Scotland) Act 2005, Sections 25(1) (2) and (3) makes certain provisions regarding previous refusals of earlier applications for premises licences under the Act. Where applicants have had an earlier application or applications refused under the terms of this Act, details should be provided including the date(s) of earlier refusal(s), the premises to which refusal(s) applied and the name of the Licensing Board.
Question 4
4(a) Pertains to whether or not the applicant has ever been convicted of a relevant or foreign offence. Delete YES or NO. Where the answer is YES details should be provided to include date of conviction, place of conviction, nature of crime or offence and sentence. 'Relevant offences' and 'foreign. offences' are prescribed by regulations made by Scottish Ministers. For the purposes of this Act, a conviction for a relevant offence or foreign offence is to be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 and should not be provided.
Description of Premises
Question 5
5(a) Description of Premises
As well as giving a full description of the internal aspects of the premises, it will be helpful if Applications contain a description of the overall setting in which the premises are located and this should include the general area, for example, rural, urban or city centre location; whether detached, terraced, part of shopping mall etc; building solely occupied or shared.
The applicant should describe, in detail, the layout of the premises and this should include an overall floor space and a breakdown of how this is to be utilized, for example, differentiation should be made of floor space allocated to storage, food preparation (non-public areas) etc and floor space allocated for public usage. The nature of the operation will dictate the detail needed in completion of this question and will range from the simplest, i.e. small outlet in rural environment selling alcohol for off-consumption to a large scale entertainment/food/alcohol venue in a city centre operating over multiple floors where the layout of each floor will required to be described.
Section Two
Operating Plan
Operating Plan for Premises
The Operating Plan will form part of the Premises Licence [Licensing (Scotland) Act 2005 Part 3 Section 20 (2)(b)(i)] and applicants will need to be specific regarding how they plan to operate the premises to ensure that any subsequent operation or activity is in fact covered by the Premises Licence.
Compliance with the Operating Plan will be a condition of the Premises Licence (Licensing (Scotland) Act, Section 27(1) and Schedule 3, Section 2(1)
Question 1
1(a) Will alcohol be sold for consumption solely ON the premises.
Delete YES or NO
1(b) Will alcohol be sold for consumption solely OFF the premises.
Delete YES or NO
1(c) Will alcohol be sold for consumption both ON and OFF the premises.
Delete YES or NO
Question 2
Statement of CORE times when alcohol is being sold for consumption ON the premises. The table should be completed to show the day, the time when the premises will OPEN for the purposes of selling alcohol and the time when the premises will CLOSE for the purposes of selling alcohol (the terminal hour).
Question 3
Statement of CORE times when alcohol is being sold for consumption OFF the premises. The table should be completed to show the day, the time when the premises will OPEN for the purposes of selling alcohol and the time when the premises will CLOSE for the purposes of selling alcohol (the terminal hour).
Applicants should note that alcohol cannot be supplied for OFF consumption earlier than 10am or later than 10pm. (Licensing (Scotland) Act 2005 Section 65(3).
Question 4
This question seeks to establish if the applicant intends to operate the premises continuously throughout the year or whether it will operate on a seasonal basis. Where the applicant intends to operate on a season basis, details of when the premises will be open for business should be provided.
Question 5
This question deals with other activities or services which may be provided in addition to the sale of alcohol.
Applicants should indicate what activities or services they intend providing by deleting YES or NO in each of the categories given.
When completing this section applicants should have regard to the contents of the Licensing (Scotland) Act, 2005 Section 23(5) (d) which examines the suitability of the premises for the purposes of the nature of activities being proposed.
Question 6.
This question seeks to establish if the applicant considers that any of the activities outlined in Question 5 may occasionally necessitate operating outwith CORE hours. While there are provisions made in the Act for extended hours (Licensing (Scotland) Act 2005, Sections 68-70) an applicant could, for example, have a request following a bereavement for a funeral reception outwith core hours which could prove difficult to process under existing provisions.
Children and Young Persons
For the purpose of this Act a "child" means a person under the age of 16 years and a "young person" means a person aged 16 or 17 years.
Question 7
7(a) When alcohol is being sold for consumption on the premises will children or young persons be allowed entry to the premises. Delete YES or NO. If YES answer questions 7(b) - 7(e)
7(b) Provide statement of the TERMS under which children or young persons will be permitted entry.
7(c) Provide statement regarding AGES of children or young persons to be allowed entry.
7(d) Provide statement regarding TIMES during which children and young persons will be allowed entry.
7(e) Provide statement regarding the PARTS of the premises to which children and young persons will be allowed entry.
Question 8
Capacity of Premises
8(a) Overall capacity of the premises
Applicants should provide a figure showing the proposed capacity of the premises when they are being operated solely for ON consumption of alcohol and this should be calculated using the methodology set out in the Buildings Standards Regulations using load factors and should be the "maximum capacity".
The recommendation of the National Licensing Forum which has been agreed by Ministers is that, for the purposes of the overprovision assessment, capacity of licensed premises should be undertaken by local authority building standards officers. It must be stressed that any capacity figure that is determined should only be used for the purposes of overprovision under the Licensing (Scotland) Act 2005 and for no other purposes. The definition of capacity for on-sales and off-sales is set out in section 147 of the Act. Based on these definitions the proposed methodology for calculating capacity for on-sales & off-sales is set out below.
Off-sales
- Licensees should be asked to set out the maximum linear footage they envisage will be used for alcohol as a % of the total linear footage of the store (customer facings only) and should include the maximum linear footage of customer facings to be utilised in off-shelf seasonal displays.
On-sales
- Use the Buildings Standards regs (regulations 2.9.2) calculation using the appropriate load factors set out in those regulations.
8(b) Where premises are making provision for the supply of alcohol solely for OFF consumption applicants should set out the maximum linear footage they envisage will be used for alcohol as a percentage of the total linear footage of the store (customer facings only) and should include the maximum linear footage of customer facings to be used in off-shelf seasonal displays.
8(c) Where premises are being operated on a mixed use basis capacities should be provided based on a combination of the figures provided at 8(a) and 8(b)
Question 9
Transitional arrangements for existing premises
In respect of this Application Form and as part of the transitional process there will be partial 'grandfather rights' available to existing licensees as follows:
- Exemption from the consequences of the overprovision assessment and from the overprovision ground for refusal of a licence where there is no change to the size, capacity or type of operation taking place on the premises
- Exemption from the need to provide building standards, planning and food hygiene certificates where transfer is on a like for like basis
- Where transfer is on a like for like basis but the Board considers that they would nevertheless be minded to refuse the licence on the grounds of the "location, character or condition of the premises", but that suitable modifications can be made to address this, the licence must be granted and the licensee given a period of 12 months to make the necessary modifications. If the modifications are not made within this period the licence would be revoked.
Applicants should delete YES or NO in respect of whether or not there will be any changes to the size, capacity or type of operation currently taking place on the premises and where the answer is YES, details should be provided.
Premises Manager
General
An individual may not, at any one time, be the Manager of more than one licensed premises; and, accordingly, if an individual who is the premises manager of licensed premises is subsequently specified in the premises licence of other licensed premises as the manager of those other premises, the subsequent specification is of no effect [Licensing - (Scotland) Act, 2005 Part 3, 19(2)]
Question 9 - Where the application is for the grant of a Provisional Premises Licence there is no requirement to complete this Question - see Licensing (Scotland) Act 2005, Section 45 (10)(b)
9(a) Provide full name of premises manager
9(b) Provide contact address including postcode
9(c) E.mail address where applicable
9(d) Provide date of issue of Personal Licence for premises Manager, Licensing Board issuing Personal Licence for premises including address and postcode and reference number of Personal Licence where applicable.
Declaration
The Declaration should be completed, signed and dated by the person named as being the premises Manager.
Section Three
Declaration
The Declaration by the applicant should be signed and dated.
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