The Scottish Government

« Previous | Contents | Next »

Listen

6. Licence conditions

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing (Mandatory Conditions)(Scotland) Regulations 2006

Made - - - - 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by section 27(2)(a) of the Licensing (Scotland) Act 2005( ¹⁶) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 146(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1. These Regulations may be cited as the Licensing (Mandatory Conditions)(Scotland) Regulations 2006 and shall come into force on 2006.

Amendment of mandatory conditions of premises licences

2. After paragraph 10 of schedule 3 to the Licensing (Scotland) Act 2005, insert-

"Adult entertainment

11. In this schedule-

"adult entertainment" means any form of entertainment performed live for an audience of one or more persons, under an arrangement of a commercial nature, by a person performing an act of an erotic or explicit sexual nature, and "adult entertainment performance" is to be construed accordingly;

"performer" means a person engaged to perform adult entertainment on the premises; and

"private booth" means any room or area on or forming part of the premises which is separated, whether by wall, screen, curtain or other method, from the rest of the premises and is either or both-

(a) not visible;
(b) not accessible;

to other customers, performers and staff.

12.-(1) Adult entertainment must not be provided on premises unless the following conditions are satisfied-

^{(16) 2005 asp 16.}

(a) CCTV cameras must be installed in rooms or areas to which any member of the public has access, except for toilet and staff-only areas, in accordance with conditions to be determined by the relevant Licensing Board;
(b) any CCTV equipment installed in accordance with sub-paragraph (1)(a) must-
(i) make continuous recordings during the period which starts one hour prior to any adult entertainment performance and ends when alcohol may next no longer be sold in terms of the licensed hours for the premises; and
(ii) be maintained in good working order to the satisfaction of the Licensing Board and the appropriate chief constable; and
(c) changing, washing and toilet facilities must be available for exclusive use by performers in accordance with conditions to be determined by the relevant Licensing Board.

(2) Recordings made in terms of sub-paragraph (1)(b)(i) must be retained for at least one month after being made.

(3) No adult entertainment performance is to take place whilst the CCTV cameras installed in terms of sub-paragraph (1)(a) are not operating satisfactorily.

(4) Adult entertainment must not be provided in private booths.

13. At any time during which adult entertainment is taking place-

(a) no person under 18 years of age is to be permitted on the premises;
(b) a notice of at least A4 size which is readily visible to any person seeking to enter the premises and which states that "No person under 18 will be admitted" must be displayed at each entrance to the premises;
(c) all external doors to the premises must be closed except to allow entry and exit to customers;
(d) no part of the adult entertainment may be visible from outside the premises;
(e) one person (or such other number of persons as the Licensing Board determines) must be positioned at each entrance to the premises and every person so positioned must be the holder of a licence granted under section 8 of the Private Security Industry Act 2001( ¹⁷); and
(f) there must be made available to staff and customers a copy of a code of conduct concerning the behaviour of staff and customers whilst any adult entertainment performance is taking place.

14.-(1) Any performers must not be younger than 18 years of age.

(2) Adult entertainment may only be provided by performers and no customers or other members of the public may participate.

(3) There must not be any physical contact between a performer and any customer on the premises during an adult entertainment performance.

(4) [ Consultation question: We would particularly welcome views from performers, club operators, Licensing Boards and others, on whether there is a need for these Regulations to specify the types of activity that may/ may not be performed as part of adult entertainment. Recommendation 3 of the Adult Entertainment Working Group Report refers.]

15.-(1) The content of any signs displayed outside any premises providing adult entertainment must be approved by the Licensing Board and must not-

(a) feature men or women who are not at least partially clothed, or
(b) be of a sexually suggestive or provocative nature

(2) The location of any such signs must be approved by the Licensing Board [and must not be in the vicinity of any schools.]

^{(17) 2001 c.12.}

(3) The content of any promotional or advertising material relating to the provision of adult entertainment must be approved by the Licensing Board.î.

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2006

Made - - - - 2006

Laid before the Scottish Parliament 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by sections 27(3) and 146(2) of the Licensing (Scotland) Act 2005( ¹⁸) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2006 and shall come into force on 2006.

Mandatory condition - all premises

2. The condition specified in paragraph 1 of the Schedule must be imposed by a Licensing Board in the granting by it of a premises licence falling within section 27(4) of the Licensing (Scotland) Act 2005.

Mandatory conditions - certain premises

3. -(1) The conditions specified in paragraphs 2 to 5 of the Schedule must be imposed by a Licensing Board on the granting by it of a premises licence falling within section 27(4) of the Licensing (Scotland) Act 2005 if it appears to the Board from the operating plan for the premises that they are premises falling within the description in paragraph (2).

(2) That description is premises-

(a) where live or recorded music with a decibel level exceeding [ ] will regularly be provided;
(b) where there will be provision made for-
(i) dancing; or
(ii) entertainment in the form of a person performing an act of an erotic or explicit sexual nature;
(c) which, when fully occupied, are likely to have more customers standing than seated; and
(d) the capacity of which is at least [ ] people.

^{(18) 2005 asp 16.}

Schedule 1

Regulations 2 and 3(1)

Licence Conditions

1. A person trained to the satisfaction of the Licensing Board in administering first aid must be present on the premises from 1:00 am (on any day when the premises are open at that time) until whichever is the earlier of-
(a) the time at which the premises next close; and
(b) 5:00 am.

2. A designated person who is the holder of a personal licence must be present on the premises from 1:00 am (on any day when the premises are open at that time) until whichever is the earlier of-
(a) the time at which the premises next close; and
(b) 5:00 am.

3. There must be written policies in existence concerning-
(a) the evacuation of the premises; and
(b) the prevention of the misuse of drugs on the premises.

4. A CCTV system must be installed on the premises to the satisfaction of-
(a) the Licensing Board; and
(b) the appropriate chief constable,

and must be kept in good working order.

5. There must be persons responsible for checking on the safety and wellbeing of persons using any toilet facilities on the premises.

Draft Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing (Mandatory Conditions)(Scotland)(No.2) Regulations 2006

Made - - - - 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by section 27(2)(a) of the Licensing (Scotland) Act 2005( ¹⁹) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 146(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1. These Regulations may be cited as the Licensing (Mandatory Conditions)(Scotland)(No.2) Regulations 2006 and shall come into force on 2006.

Amendment of mandatory conditions of premises licences

2. After paragraph 15 of schedule 3 to the Licensing (Scotland) Act 2005, insert-

" Notices - admission of persons under 18

16.-(1) There is to be visibly displayed at the entrance to, or on a front window of, the premises a sign which is of at least A4 size and which-

(a) states that persons under the age of 18 are not permitted on the premises; or
(b) provides the information specified in sub-paragraph (2).

(2) That information is-

(a) how old a child or young person requires to be in order to be permitted on the premises and the hours between which any such person is so permitted;
(b) whether a young person may enter the premises unaccompanied by a person aged at least 18;
(c) the parts of the premises which are to be accessible to a child or young person; and
(d) a statement as to the responsibilities of any person aged at least 18 who accompanies a child or young person on the premises.

Baby changing facilities

17.-(1) The condition specified in this paragraph applies only in the case of premises-

(a) which are not-

^{(19) 2005 asp 16.}

(i) a vehicle;
(ii) a vessel;
(iii) a moveable structure; or
(iv) used wholly or mainly for the purposes referred to in section 125(1); and

(b) to which children under the age of 5 are to be admitted.

(2) There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.".

The SE is considering additional mandatory conditions for all premises and a pool of discretionary conditions that Boards could apply to late night premises appropriate to local circumstances. We would be grateful for comments on what is proposed in addition to those conditions already set out in the regulations. The additional proposed conditions are set out below

Two further mandatory conditions for all premises operating after 1.00am are being considered

• noise control: steps should be in place to ensure that there is no noise leakage from the premises
• Radio link and Pubwatch Schemes: where a local scheme based on a radio link to the Police or Pubwatch or a scheme with similar principles exists, the licensee must be a member.

Discretionary pool of conditions

It is also intended to incorporate a discretionary pool which Boards would be directed to draw on as appropriate to supplement the mandatory list. Boards would be obligated to apply appropriate conditions on a case by case basis in consideration of antisocial behaviour reports submitted by the police, and the effective delivery of the objectives in the Act. Those discretionary conditions being considered are:

• Agreed times for disposal of glassware: Disposal of glassware should be made at a reasonable time to be agreed by the Board
• Provision of a first aid room
• Mandatory provision of Stewards who must carry radios
• Advanced first aid training and provision
• Searching all clients on entry to the premises
• Use of plastic or toughened glass: non-glass or toughened glass receptacles are required to be used throughout the premises.
• Additional training for managers: all managers to receive additional training on running a late night premises.

Licensing Boards should also be able to apply, on a discretionary basis, any of the conditions that are mandatory for nightclubs and 'superpubs' to other late opening premises. For example, a Board would be able to apply the provision of CCTV condition to a late-opening pub where a recurring problem suggested that CCTV was required. Licensing Boards would be able to decide the time at which individual conditions 'kicked in' for each licence. For example, in some circumstances, it may be appropriate to have stewards on duty from say 10.00 pm, rather than from 1.00 am.

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing (Discretionary Conditions) (Scotland) Regulations 2006

Made - - - - 2006

Laid before the Scottish Parliament 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by section 27(5) of the Licensing (Scotland) Act 2005( ²⁰) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Licensing (Discretionary Conditions) (Scotland) Regulations 2006 and shall come into force on 2006.

Discretionary conditions

2. -(1) The condition specified in paragraph (2) is prescribed for the purposes of subsection (5) of section 27 of the Licensing (Scotland) Act 2005.

(2) The first condition is that alcohol is to be displayed only in a separate area on the premises and no other products (except crisps, nuts, sweets, non-alcoholic drinks, newspapers or bread) are to be displayed in that area.

(3) For the purposes of paragraph (2), an area is a "separate area" if-

(a) it is inaccessible to the public; or
(b) it is physically cordoned off from any other part of the premises.

^{(20) 2005 asp 16.}

« Previous | Contents | Next »