Licensing (Scotland) Act 2005 - Consultation on Draft Guidance for Licensing Boards and Associated Draft Regulations

Annex 2

Training Specification for Licensing Standards Officers

This specification is based on the general training framework drawn up by the National Licensing Forum, which recommends that all training to meet the requirements of the Licensing (Scotland) Act 2005 should include three key areas:

1. Introduction to licensing;
2. Responsible operation of licensed premises; and
3. Effect of irresponsible operation on society and health

The framework also provides an overview of the topics which should be covered by any generic training programme. As recommended by the framework, this specification is based on these topics but has been adapted and supplemented by topics specific to the role of Licensing Standards Officers.

The minimum time period for completion of the training syllabus for LSOs is three days (or 30 notional learning hours). The assessment must be undertaken under exam conditions.

Subject	Areas to be covered
1) Introduction [not for assessment]
Any training should give an introduction to the background of Licensing (Scotland) Act - its development from the Plan for Action on Alcohol Problems and the Nicholson Report and the rationale as laid out in the Policy Memorandum to the Licensing (Scotland) Bill.	Understanding of key parts of the Plan for Action on Alcohol problems published 2001 ³⁰ Knowledge of the remit of the Nicholson Committee ³¹ Understanding of the background, overview and main themes underlying the approach taken in the Licensing (Scotland) Bill Policy memorandum
2) Legislation
a) Overview of the licensing function	All relating to the Licensing (Scotland) Act 2005
Understanding of the 5 Licensing Objectives	S4 The Licensing objectives
Broad understanding of all of the content of the 2005 Act with a view to be able to give general explanation and guidance to licence holders, staff, forum members and the public as required. More detailed knowledge would be required of particular sections (as itemised below).	Give understanding of broad content of the Act ie Part 1 - Core provisions Part 2 - Licensing Bodies and Officers Part 3 - Premises Licences Part 4 - Occasional Licences Part 5 - Licensed Hours Part 6 - Personal Licences Part 7 - Control of Order Part 8 - Offences Part 9 Miscellaneous and General Schedules
Have an understanding of the meaning of the term alcohol and unlicensed sale	s1 Prohibition of unlicensed sale of alcohol s2 Meaning of Alcohol s3 Certain supplies of alcohol to be treated as sales
b) Key roles
General function of Licensing Standards Officers: statutory powers, requirements in terms of conduct and how their role relates to licensing board and the local authority.	S13 Licensing Standards Officers S14 General Functions of LSOs S15 Powers of Entry and Inspection S16 Training of Licensing Standards officers
Understanding of the constitution and role of Local Licensing Forum and how LSO's role relates to the Forum.	Schedule 2 Local Licensing Forums S10 Local Licensing Forums S11 General functions of LLFs S12 Licensing Board's duties in relation to LLFs
Understanding of the constitution, role and proceedings of the Licensing Board.	Schedule 1 Licensing Boards S5 Licensing Boards S6 Statements of Licensing Policy S7 Duty to assess overprovision S8 Applicants attempting to influence Board members S9 Licensing Board's duty to keep a public register
Key roles and powers of other statutory bodies involved in the licensing process	S50 Certificates as to planning, building standards and food hygiene S138 Police powers of entry
Understanding liability and conflict of interests in relation to requests for assistance (eg particularly advised not to offer advice on the application process)
c) Licences and operating conditions
Understanding the different types of licence: premises, personal and occasional	S17 Premises licence S56 Occasional licence subs 1) 2) S71 Personal licence
Understanding of the difference between a Premises Licence Holder, a Premises Manager and a Personal Licence Holder and their duties	S19 Premises Manager S20 Application for premises licence sub 1) S24 Applicant's duty to notify Licensing Board of convictions S41 Duty to notify court of premises licence S43 Licence holder's duty to notify Licensing Board of convictions S52 Duty to keep, display and produce premises licence S54 Dismissal, resignation, death etc of premises manager S72 Application for personal licence S74 Determination of a personal licence application S75 Applicant's duty to notify Licensing Board of convictions S80 Duty to notify court of personal licence S82 Licence holder's duty to notify Licensing Board of convictions S87 Licence holder's duty to undertake training S93 Licence holder's duty to produce a licence
Application process for a premises licence including police powers	S20 Application for premises licence S21 Notification of application S23 Determination of premises licence application S25 Further application after refusal of a premises licence application S26 Issue of licence and summary S28 Period of effect of premises licence S51 Notification of determinations S137 Inspection of a premises before grant of a licence
Variation and transfer of premises licence; provisional and temporary premises licence; updating and notification of loss or theft of a premises licence	S29 Application to vary premises licence S30 Determination of application for variation S31 Variation to substitute new premises manager S32 Further application after refusal of application for variation S33 Transfer on application of licence holder S34 Transfer of application of person other than licence holder S35 Variation on transfer S45 Provisional premises licence S46 Confirmation of provisional premises licence S47 Temporary premises licence S48 Notification of change name or address S53 Theft, loss etc of premises licence or summary S54 Dismissal, resignation, death etc of premises manager
Application process for an Occasional Licence	S56 Occasional Licence S57 Notification of application to chief constable and LSO S59 Determination of application S61 Notification of determinations
Rights of objectors	S22 Objections and representations (premises licence) S58 Objections and representations (occasional licence)
Detailed knowledge of application and renewal for a personal licence including police powers.	S72 Application for a personal licence S73 Notification of application to chief constable S74 Determination of personal licence application S76 Issue of licence S77 period of effect of personal licence S78 Renewal of personal licence S79 Notification of determinations S88 Notification of change of name or address S92 Theft, loss etc of personal licence
Relevant offences	S102 Sale of alcohol to a child or young person S103 Allowing the sale of alcohol to a child or young person S104 Sale of liqueur confectionary to a child S105 Purchase of alcohol by or for a child or young person S106 Consumption of alcohol to a child or young person S107 Unsupervised sale of alcohol to a child or young person S108 Delivery of alcohol to a child or young person S109 Sending a child or young person to obtain alcohol S110 Duty to display notice S111 Drunk persons entering or in premises on which alcohol is sold S112 Obtaining alcohol by or for a drunk person S113 Sale of alcohol to a drunk person S114 Premises manage, staff etc not to be drunk S115 Disorderly conduct S116 Refusal to leave premises S117 Offences relating to the sale of alcohol to trade S118 Prohibition of unauthorised sale of alcohol on moving vehicles S119 Delivery of alcohol from vehicles etc S120 Prohibition of late night deliveries of alcohol S121 Keeping of smuggled goods S122 Interpretation of Part 8
Detailed understanding of mandatory and discretionary national and local conditions	Schedule 3 Premises Licences: Mandatory Conditions Schedule 4 Occasional Licences: Mandatory Conditions S27 Conditions of a premises licence S60 Conditions of occasional licence
Understanding the relationship of risk assessment and best practice policies to the operating plan	To include understanding of basic procedure of making a risk assessment and best practice policies as relevant for different types of premises ³²
Licensed hours and extensions	S62 Licensed hours S63 Prohibition of sale, consumption and taking away of alcohol outwith licensed hours S64 24 hour licences to be granted only in exceptional circumstances S65 Licensed hours: off-sales S66 Effect of start and end of British summer time S67 Power of Licensing Board to grant general extensions of licensed hours S68 Extended hours applications S69 Notification of extended hours application S70 Determination of extended hours application
d) Protecting children from harm
Understanding of the law relating to sale, purchase, consumption of alcohol, unsupervised sales	S102 Sale of alcohol to a child or young person S103 Allowing the sale of alcohol to a child or young person S104 Sale of liqueur confectionary to a child S105 Purchase of alcohol by or for a child or young person S106 Consumption of alcohol to a child or young person S107 Unsupervised sale of alcohol to a child or young person S108 Delivery of alcohol to a child or young person S109 Sending a child or young person to obtain alcohol S110 Duty to display notice
Understanding of the application of "proof of age"	Understanding best practice for age related sales ³³ Understanding recognised Proof of Age schemes and related initiatives Understanding where relevant information can be obtained
e) Control of order
Understanding the process of a review of a premises licence	S36 Application for review of premises licence S37 Review of premises licence on Licensing Board's initiative S38 Review hearing S39 Licensing Board's powers on review S40 Review of Licensing Board's decision to suspend or vary licence S133 Hearings
exclusion orders, review of premises licence, suspension of premises licences, closure orders, endorsements and suspension of personal licences	S83 Procedure where Licensing Board receives notice of conviction S84 Conduct inconsistent with the licensing objectives S85 Expiry of endorsements S86 Suspension after multiple endorsements S94 Exclusion orders S95 Breach of exclusion order S96 Exclusion orders: supplementary position S97 Closure orders S98 Termination of closure orders S99 Extension of emergency of closure order S100 Regulations as to of closure orders S101 Interpretation of sections 97 to 100
Appeals	S131 Appeals S132 Appeals: supplementary provision Schedule 5 Appeals
f) Miscellaneous and General
Have an understanding of exempt and excluded premises and remote sales	s123 Excluded premises s124 Exempt premises s139 Remote sales of alcohol
Clubs and vessels, vehicles and moveable structures	S125 Special provision for certain clubs S126 Vessels, Vehicles and moveable structures S127 Power to prohibit alcohol on trains S128 Power to prohibit sale of alcohol on ferries
g) Training
Job role specific training requirements	S16 Training of Licensing Standards officers S87 Licence holder's duty to undertake training Schedule 3 Premises Licence Mandatory Conditions sub 6 Training of staff
the role of the LSO with regard to compliance	Understand role of supervising the compliance of holders of premises or occasional licences within the area with the conditions of their licence and local licensing board policy
3) Associated Law LSOs require knowledge of the existence of associated laws, how they relate to their job role and sufficient for signposting.
Security Industry Act (2001)	Awareness that this Act governs door stewarding, including registration and training Knowledge of where more information can be obtained (currently the Security Industry Authority)
Human Rights Act (1998)	Awareness that the Human Rights Act could affect the interpretation the Licensing Act and that areas relevant to this concern civil rights & obligations and the right to an independent and impartial tribunal Knowledge of where more information can be obtained (currently the Department of Constitutional Affairs and Appendix C The Nicholson Report)
Smoking, Health and Social Care (Scotland) Act (2005)	Understand basic requirements of no smoking legislation as they relate to licensed premises Knowledge of where more information can be obtained (currently the Scottish Executive and special linked website www.clearingtheairscotland.com)
Disability Discrimination Act 1995	Awareness that the Act effects everyone who provides goods, facilities and services to the general public. Understand the basic definition of a disabled person (more than just wheelchair users) Knowledge of where more information can be obtained (currently the Local Authority and Disability Rights Commission. Additionally many LAs have access officers, usually based in planning or building departments, who can advise on any action that may be required).
Basic elements of relevant criminal law such as Misuse of Drugs Act (1971)	Understand that is illegal to allow the selling or preparation of illegal drugs on any premises Be able to recognise the common signs that drug dealing or use may be happening in a premises Knowledge of where more information can be obtained (currently the police)
Civic Government (Scotland) Act 1982	Awareness that other types of licences that may be relevant to licensed premises, including for sport venues and external catering Knowledge of where more information can be obtained (currently the Local Authority)
Other appropriate legislation/ regulation such as those regulated by Environmental Health/Trading Standards/Planning Departments eg Building (Scotland) Act 2003, Town and Country Planning Act (Scotland) 1997, Health & Safety Legislation, Fire Precautions Legislation	Understand the jurisdiction of each department (Environment Health - includes Noise, Waste, Health & Safety; Trading Standards - Fair transactions and protection of the consumer) Knowledge of where more information can be obtained (currently the relevant Local Authority)
The law and good practice relating to equal opportunities and diversity	Basic understanding of the principles of equal opportunities and diversity Knowledge of where more information can be obtained (currently the Local Authority and the Equal Opportunities Commission)
The duty of the premises licence holder to carry out a risk assessment and have appropriate policies, and LSOs should be able to offer guidance on where to seek appropriate advice
4) Protecting and improving public health (This should provide LSO's with an overview of the issues and should not be too detailed)
Alcohol
Units of alcohol and strengths of alcoholic drinks	Knowledge of British standard units Knowledge of how to calculate the units per drink from a range of common drinks
Psychological and physical effects of alcohol	the effects on the brain ³⁴ the general effects on behaviour ³⁵
Facts about alcohol and dispelling common myths about alcohol	key facts about alcohol ³⁶ common myths about alcohol ³⁷
Difference between blood alcohol level and drunkenness	the difference between blood alcohol level and drunkenness ³⁸
Consequences to the individual, to the business and to society of excessive drinking	the key consequences of excessive drinking for the individual including: Short term dangers ³⁹ Health and social problems ⁴⁰ the key consequences of excessive drinking for the business ⁴¹ the key consequences of excessive drinking for society ⁴²
Benefits of licensed retail to the individual, to the business and to society	For the individual ⁴³ For the business ⁴⁴ For society ⁴⁵
Common patterns of alcohol consumption and misuse in Scotland	The patterns of problem drinking and binge drinking Basic understanding of the level and trend in underage drinking and drunkenness Basic understanding of the level and trends in various types of alcohol-related illness and death
5) Social responsibility
a) Environment
Best practice in setting and maintaining good standards of service and environment	The importance of high and consistent standards throughout a premises ⁴⁶ The potential for the environment to affect drinking and behaviour The importance of good service practice ⁴⁷
An introduction to common causes of conflict, how to prevent conflict and how to manage conflict situations	Typical scenarios leading to conflict and how these might be prevented or managed Signs of potential conflict
b) Responsibility to staff and customers
Understanding the link between legal and social responsibility and good business	the dangers of bad practice to a business the opportunities for using social responsibility to enhance business
Promoting responsible drinking	Ways in which responsible drinking behaviour can be promoted Awareness of the increasing importance of social responsibility and the need for responsible drinking ⁴⁸
Give advice on good practice policies relating to the particular type of premises	Understanding of the best practice policies ⁴⁹
c) Community links
Benefits of Pub Watch/ Retail Watch/ City Centre Safe/ and other local schemes
Understand links to alcohol and drug action teams, Community Safety partnerships and others
6) People skills and conflict management
It is recommended that this should be a separate skills-based module on basic mediation (approx one day)	Cover people skills, conflict management in a range of situations including one to one, small groups and large groups Cover a range of techniques including mediation-style dispute resolution, and when each is and is not appropriate Cover factors which can affect the emotional climate of a situation Analysis of personal preferences

^{30 Including the purpose (reduce alcohol problems) and key priorities (reduce binge drinking and harmful drinking by children and young people) and 4 pillar approach (culture change; prevention and education; service delivery; and protection and controls); plus any updated priorities in the next plan for action due later in 2006
31 That is to review all aspects liquor licensing and practice, with particular reference to the implications of health and public order; to recommend changes in the public interest and report accordingly
32 Best practice policies could include: House Rules; Closing time procedures; Dispersal policy; Age related sales; Promotions; Refusals of service - practice and record keeping; Communication within a premises; Plan for managing conflict, disorder or drunkenness; Noise control and Management of smokers
33 To include identifying possible underage or agent sales; high risk products; appropriate service practices; recording refusals; and deterrence measures
34 including the consequent graduated physical effects observed and the danger of acute alcohol poisoning
35 including loss of inhibition and impairment of reasoning and decision making
36 including the effects of gender, tolerance, food, age, general size, general health, time
37 including coffee and/or other substances / practices as 'sobering agents', alcohol as a 'warming agent', 'health' properties of certain drinks
38 BAC as an objective measure used in drink driving offences, compared to drunkenness, a subjective measure of behaviour, as used in licensing legislation
39 including the increased risk of accidents, becoming a victim of crime or being involved in crime, increase in other socially-related risks/ problems eg sexual diseases or pregnancy from unplanned sex, being late or unfit for work
40 both short and long term: including hangover, increased blood pressure, birth defects, heart disease, liver disease and various cancers; employment problems, relationship problems and financial problems
41 including increased difficulty in dealing with drunken customers, ultimately affecting reputation and businesses viability (such as increased cost of replacing fixtures and fittings, staff turnover, liability and loss of licence).
42 including the current trend for high rates of alcohol-related crime and disorder; the trendof increasing alcohol-related problems including underage drinking, drunkenness, alcohol-related disease; and the associated costs to society
43 limited health benefit proven for over 40s at government recommended sensible drinking levels
44 protection of the licence fewer problems and associated costs and better standard / reputation
45 including contribution to the economy in terms of employment, revenue generation and provision of service and regeneration of property
46 Should include need for cleanliness, tidiness, good state of repair
47 Should include being polite to customers, knowledge of products, customer awareness and managing busy situations
48 Such as demonstrated by manufacturers policies and initiatives, such as Drinkaware Trust, social responsibility adverts and support by government
49 Could include: House Rules; Closing time procedures; Dispersal policy; Age related sales; Promotions; Refusals of service - practice and record keeping; Communication within a premises; Plan for managing conflict, disorder or drunkenness; Noise control and Management of smokers}

Induction Training by the Local Authority

Must include:

Guidance on the Licensing Board's local policies and give a broad understanding of how this/each fits with the Local Authority's other policies on policing, planning and transport
Practical understanding of relevant documentation relating to the licensing process
Guidance in appropriate reporting and record keeping procedures

(Note: it would be helpful if documentation templates were available at local/national level)

In addition, there may be merit in having some additional skills based training

on negotiation skills and mediation skills (although the essential elements are covered in the above module)
on communications and presentation skills. However it was felt by those drafting the specification that these would be likely to be a candidate selection criteria in any case and therefore need not be included in any mandatory training

Training Specification for Licensing Board Members

This specification is based on the general training framework drawn up by the National Licensing Forum, which recommends that all training for Licensing Board Members meets the requirements of the Licensing (Scotland) Act 2005 should include three key areas:

1. Demonstrating understanding of the quasi-judicial process, including an understanding of the legislation;
2. Understanding the context, including their role and remit;
3. Policy formulation

The minimum time period for completion of the training syllabus for Board members is one day (or 10 notional learning hours). The assessment must be undertaken under exam conditions.

Subject	Areas to be covered
Introduction
Any training should give an introduction to the background of Licensing (Scotland) Act - its development from the Plan for Action on Alcohol Problems and the Nicholson Report and the rationale as laid out in the Policy Memorandum to the Licensing (Scotland) Bill. [Note: this information is not for assessment]	Understanding of key parts of the Plan for Action on Alcohol problems published 2001 ⁵⁰ Knowledge of the remit of the Nicholson Committee ⁵¹ Understanding of the background, overview and main themes underlying the approach taken in the Licensing (Scotland) Bill Policy memorandum
1) Demonstrating understanding of the quasi-judicial process, including an understanding of the legislation
a) Overview of the licensing function	Licensing (Scotland) Act 2005
Understanding of the 5 Licensing Objectives and the role of the licensing board in upholding these through policy and decision making	S4 The Licensing objectives S6 Statements of Licensing Policy S12 Licensing Board's duties in relation to LLFs
Broad understanding of the content of the 2005 Act. More detailed knowledge would be required for particular sections (as itemised below)	Give understanding of broad content of the Act ie Part 1 - Core provisions Part 2 - Licensing Bodies and Officers Part 3 - Premises Licences Part 4 - Occasional Licences Part 5 - Licensed Hours Part 6 - Personal Licences Part 7 - Control of Order Part 8 - Offences Part 9 Miscellaneous and General Schedules
Understanding of the creation, monitoring and review of appropriate licensing board policy and a broad understanding of the relationship with Local Authority's other policies on policing, planning, transport and alcohol
Understanding of the sequence of decision making, especially in relation to appeals
Have an understanding of the meaning of the term alcohol and unlicensed sale	s1 Prohibition of unlicensed sale of alcohol s2 Meaning of Alcohol s3 Certain supplies of alcohol to be treated as sales
Thorough understanding of the constitution, role and proceedings of the Licensing Board.	Schedule 1 Licensing Boards S5 Licensing Boards S8 Applicants attempting to influence Board members S9 Licensing Board's duty to keep a public register
Understanding of members' role in assessing statements of applicants or objectors and of the type of questions and information that must be obtained in assessing applications
Understanding the tenure of office of a licensing board member, removal from office and disqualification from the licensing board	Schedule 1 Licensing Boards subs 3, 4,5
Understanding the role of the Convenor	Schedule 1 Licensing Boards subs 6,7
Knowledge of the establishment of board committees, and the delegation of functions	Schedule 1 Licensing Boards sub 8,9,10
The duty of the board to assess overprovision and make statements of licensing policy (note: This does not include clubs)	S6 Statements of Licensing Policy S7 Duty to assess overprovision
Thorough understanding of the role of the licensing board in relation to appeals	Basic procedure covered already in appeals but more advice needed from Regulations
c) Key roles of others
Understanding the key role of a Clerk
Understanding of the constitution and role of Local Licensing Forum & the Licensing boards' duties in relation to Local Licensing Forums	Schedule 2 Local Licensing Forums S10 Local Licensing Forums S11 General functions of LLFs S12 Licensing Board's duties in relation to LLFs
An overview understanding of the role of an LSO in relation to the Licensing Board and Local Authority	S13 Licensing Standards Officers S14 General Functions of LSOs S15 Powers of Entry and Inspection S16 Training of Licensing Standards officers
Knowledge of the key roles and powers of other statutory bodies involved in the licensing process	S50 Certificates as to planning, building standards and food hygiene S138 Police powers of entry
d) The Premises licence
Understanding the application process for a premises licence, including police powers and objections - the inclusion of clubs	S20 Application for premises licence S21 Notification of application S23 Determination of premises licence application S25 Further application after refusal of a premises licence application S26 Issue of licence and summary S28 Period of effect of premises licence S51 Notification of determinations S15 Powers of Entry and Inspection S137 Inspection of a premises before grant of a licence
Who can object and the process for this	S22 Objections and representations (premises licence)
The grounds for refusal	S23 Determination of premises licence application sub 5) S30 Determination of application for variation sub 5)
The duties of premises licence applicant	S19 Premises Manager S24 Applicant's duty to notify Licensing Board of convictions S41 Duty to notify court of premises licence S43 Licence holder's duty to notify Licensing Board of convictions S52 Duty to keep, display and produce premises licence S54 Dismissal, resignation, death etc of premises manager
Review of a premises licence	S36 Application for review of premises licence S37 Review of premises licence on Licensing Board's initiative S38 Review hearing S39 Licensing Board's powers on review S40 Review of Licensing Board's decision to suspend or vary licence S133 Hearings
Understanding the range of sanctions available	S84 Conduct inconsistent with the licensing objectives S97 Closure orders S98 Termination of closure orders S99 Extension of emergency of closure order S100 Regulations as to of closure orders S101 Interpretation of sections 97 to 100
Appeals and the stated case	S131 Appeals S132 Appeals: supplementary provision Schedule 5 Appeals Stated Case - To be determined
Variation and transfer of premises licence; provisional and temporary premises licence; updating and notification of loss or theft of a premises licence	S29 Application to vary premises licence S30 Determination of application for variation S31 Variation to substitute new premises manager S32 Further application after refusal of application for variation S33 Transfer on application of licence holder S34 Transfer of application of person other than licence holder S35 Variation on transfer S45 Provisional premises licence S46 Confirmation of provisional premises licence S47 Temporary premises licence S48 Notification of change name or address S53 Theft, loss etc of premises licence or summary
e) Occasional licences
	S56 Occasional Licence S57 Notification of application to chief constable and LSO S59 Determination of application S61 Notification of determinations S58 Objections and representations (occasional licence) S137 Inspection of a premises before grant of a licence
F) Personal Licences
Detailed knowledge of application and renewal	S72 Application for a personal licence S73 Notification of application to chief constable S74 Determination of personal licence application S76 Issue of licence S77 period of effect of personal licence S78 Renewal of personal licence S79 Notification of determinations S88 Notification of change of name or address S92 Theft, loss etc of personal licence
Understanding of the duties of a personal licence applicant /holder	S75 Applicant's duty to notify Licensing Board of convictions S80 Duty to notify court of personal licence S82 Licence holder's duty to notify Licensing Board of convictions S87 Licence holder's duty to undertake training S93 Licence holder's duty to produce a licence
Relevant offences	S102 Sale of alcohol to a child or young person S103 Allowing the sale of alcohol to a child or young person S104 Sale of liqueur confectionary to a child S105 Purchase of alcohol by or for a child or young person S106 Consumption of alcohol to a child or young person S107 Unsupervised sale of alcohol to a child or young person S108 Delivery of alcohol to a child or young person S109 Sending a child or young person to obtain alcohol S110 Duty to display notice S111 Drunk persons entering or in premises on which alcohol is sold S112 Obtaining alcohol by or for a drunk person S113 Sale of alcohol to a drunk person S114 Premises manage, staff etc not to be drunk S115 Disorderly conduct S116 Refusal to leave premises S117 Offences relating to the sale of alcohol to trade S118 Prohibition of unauthorised sale of alcohol on moving vehicles S119 Delivery of alcohol from vehicles etc S120 Prohibition of late night deliveries of alcohol S121 Keeping of smuggled goods S122 Interpretation of Part 8
The action to be taken in relation to conduct inconsistent with the licensing objectives and understanding the range of sanctions available	S83 Procedure where Licensing Board receives notice of conviction S84 Conduct inconsistent with the licensing objectives S85 Expiry of endorsements S86 Suspension after multiple endorsements
g) Operating conditions
A detailed understanding of all the mandatory & discretionary national conditions for a premises or occasional licence	Schedule 3 Premises Licences: Mandatory Conditions Schedule 4 Occasional Licences: Mandatory Conditions S27 Conditions of a premises licence S60 Conditions of occasional licence
Understanding the relationship between the operating plan and the premises licence, including variations	S20 Application for premises licence S29 Application to vary premises licence S30 Determination of application for variation S31 Variation to substitute new premises manager S32 Further application after refusal of application for variation S33 Transfer on application of licence holder S34 Transfer of application of person other than licence holder S35 Variation on transfer
Understanding of types of conditions likely to be applied to particular premises	Need more advice eg from Regulations here
Understanding the relationship of risk assessment to the operating plan	Have basic understanding of best practice policies as relevant for different types of premises ⁵²
h) Licensed Hours
Understanding of licensed hours specific to On and Off and the presumption against 24 hr licensing )	S62 Licensed hours S63 Prohibition of sale, consumption and taking away of alcohol outwith licensed hours S64 24 hour licences to be granted only in exceptional circumstances S65 Licensed hours: off-sales S66 Effect of start and end of British summer time
Understanding of Extensions	S67 Power of Licensing Board to grant general extensions of licensed hours S68 Extended hours applications S69 Notification of extended hours application S70 Determination of extended hours application
i) Protecting children from harm
Understanding of the law relating to sale, purchase, consumption of alcohol, unsupervised sales	S102 Sale of alcohol to a child or young person S103 Allowing the sale of alcohol to a child or young person S104 Sale of liqueur confectionary to a child S105 Purchase of alcohol by or for a child or young person S106 Consumption of alcohol to a child or young person S107 Unsupervised sale of alcohol to a child or young person S108 Delivery of alcohol to a child or young person S109 Sending a child or young person to obtain alcohol S110 Duty to display notice
Understanding of the application of "proof of age" and due diligence	Understanding best practice for age related sales ⁵³ Understanding recognised Proof of Age schemes and related initiatives Understanding where relevant information can be obtained
j) Miscellaneous and General
Have an understanding of exempt and excluded premises and remote sales	s123 Excluded premises s124 Exempt premises s139 Remote sales of alcohol
Clubs and vessels, vehicles and moveable structures	S125 Special provision for certain clubs S126 Vessels, Vehicles and moveable structures S127 Power to prohibit alcohol on trains S128 Power to prohibit sale of alcohol on ferries
k) Training
Overview of the qualifications for all those prescribed in the Licensing (Scotland) Act 2005	Schedule 1 Licensing Boards sub 11) Training of members S16 Training of Licensing Standards officers S87 Licence holder's duty to undertake training Schedule 3 Premises Licence Mandatory Conditions sub 6 Training of staff
Requirement of board members to undertake training within 3 months of their appointment	Schedule 1 Licensing Boards sub 11) Training of members
2) Understanding the context, including their role and remit
a) Other Licensing Legislation
Board members require knowledge of the existence of other licensing legislation and how this relates to their job role. (Clerks are in place to provide appropriate and detailed advice on these matters)
b) Protecting and improving public health - Alcohol
Units of alcohol and strengths of alcoholic drinks	Knowledge of British standard units Knowledge of how to calculate the units per drink from a range of common drinks
Psychological and physical effects of alcohol	the effects on the brain ⁵⁴ the general effects on behaviour ⁵⁵
Facts about alcohol and dispelling common myths about alcohol	key facts about alcohol ⁵⁶ common myths about alcohol ⁵⁷
Difference between blood alcohol level and drunkenness	the difference between blood alcohol level and drunkenness ⁵⁸
Understanding of consequences to the individual, to the business and to society of excessive drinking (moved from 2c alcohol section)	the key consequences of excessive drinking for the individual including: Short term dangers ⁵⁹ Health and social problems ⁶⁰ the key consequences of excessive drinking for the business ⁶¹ the key consequences of excessive drinking for society ⁶²
Benefits of licensed retail to the individual, to the business and to society	For the individual ⁶³ For the business ⁶⁴ For society ⁶⁵
Common patterns of alcohol consumption and misuse in Scotland	The patterns of problem drinking and binge drinking Basic understanding of the level and trend in underage drinking and drunkenness Basic understanding of the level and trends in various types of alcohol-related illness and death
c) Protecting and improving public health - Social responsibility / Environment
Best practice in setting and maintaining good standards of service and environment	importance of high and consistent standards throughout a premises (cleanliness, tidiness, good state of repair) potential for the environment to affect drinking and behaviour importance of good service practice (including being polite to customers, knowledge of products, customer awareness and managing busy situations)
An introduction to common causes of conflict, how to prevent conflict and how to manage conflict situations	typical scenarios leading to conflict and how these might be prevented or managed
Understanding the link between legal and social responsibility and good business	dangers of bad practice to a business opportunities for using social responsibility to enhance business
Promoting responsible drinking	ways in which responsible drinking behaviour can be promoted importance of social responsibility and the need for responsible drinking
Benefits of Pub Watch/ Retail Watch/ City Centre Safe/ and other local schemes
Understand links to alcohol and drug action teams, Community Safety partnerships and others

^{50 including the purpose (reduce alcohol problems) and key priorities (reduce binge drinking and harmful drinking by children and young people) and 4 pillar approach (culture change; prevention and education; service delivery; and protection and controls); plus any updated priorities in the next plan for action due later in 2006
51 That is to review all aspects liquor licensing and practice, with particular reference to the implications of health and public order; to recommend changes in the public interest and report accordingly
52 Could include such topics as: House Rules; Closing time procedures; Dispersal policy; Age related sales; Promotions; Refusals of service - practice and record keeping; Communication within a premises; Plan for managing conflict, disorder or drunkenness; Noise control and Management of smokers
53 To include identifying possible underage or agent sales; high risk products; appropriate service practices; recording refusals; and deterrence measures
54 including the consequent graduated physical effects observed and the danger of acute alcohol poisoning
55 including loss of inhibition and impairment of reasoning and decision making
56 including the effects of gender, tolerance, food, age, general size, general health, time
57 including coffee and/or other substances / practices as 'sobering agents', alcohol as a 'warming agent', 'health' properties of certain drinks
58 BAC as an objective measure used in drink driving offences, compared to drunkenness, a subjective measure of behaviour, as used in licensing legislation
59 including the increased risk of accidents, becoming a victim of crime or being involved in crime, increase in other socially-related risks/ problems eg sexual diseases or pregnancy from unplanned sex, being late or unfit for work
60 both short and long term: including hangover, increased blood pressure, birth defects, heart disease, liver disease and various cancers; employment problems, relationship problems and financial problems}^{61 including increased difficulty in dealing with drunken customers, ultimately affecting reputation and businesses viability (such as increased cost of replacing fixtures and fittings, staff turnover, liability and loss of licence).
62 including the current trend for high rates of alcohol-related crime and disorder; the trendof increasing alcohol-related problems including underage drinking, drunkenness, alcohol-related disease; and the associated costs to society
63 limited health benefit proven for over 40s at government recommended sensible drinking levels
64 protection of the licence fewer problems and associated costs and better standard / reputation
65 including contribution to the economy in terms of employment, revenue generation and provision of service and regeneration of property
66 Such as demonstrated by manufacturers policies and initiatives, such as Drinkaware Trust, social responsibility adverts and support by government)}

3. Policy formulation - This should part of the induction training undertaken by each individual local authority

a) Applied knowledge

Practical understanding of relevant documentation relating to the licensing process
Understanding of the process and best practice in policy development
Understanding of best practice in the conduct of meetings

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The Scottish Government

Publications

On this page:

Licensing (Scotland) Act 2005 - Consultation on Draft Guidance for Licensing Boards and Associated Draft Regulations

Annex 2