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ANNEX B
SE RESPONSE TO MAIN ISSUES RAISED IN CONSULTATION TO DRAFT REGULATIONS
Staff should be required to undergo a formal qualification accredited by the SQA
Scottish Executive response Whilst there was some support for a qualification within the Training Advisory Group, the recommendation of the Group based on a majority decision was that there should not be a requirement for a mandatory qualification. This recognised the nature of the licensed trade in Scotland. There are a large number of casual staff and other short-term working patterns. To require a mandatory qualification would place an unfair financial burden and resource burden on the licensed trade. Consideration had been given to require that only full time staff should undertake a qualification, however, it proved impossible to find consensus on what constituted 'full time'. This may also have allowed a loophole whereby some may have used this to avoid the requirement for staff to undertake any qualification, thereby undermining the whole concept. The requirement that all staff must undergo mandatory training applies to all staff including casual staff which will remove any loophole which would allow anyone to avoid the statutory requirement. However, Ministers consider that awarding bodies will wish to develop a qualification for staff working in licensed premises as an incentive to career progression. However, this will not be a mandatory requirement of employment. It is also expected that anyone who undertakes such a qualification would be compliant with the requirements of the mandatory training regulations, so long as work which led to the qualification was consistent with the regulations, or exceeded them. |
In absence of a qualification there is no element of quality control or ensuring that the training requirement is delivered and completed
Scottish Executive response We accept that there is no national accreditation process. The key issues set out in the regulations that training must cover set the competencies expected from staff working in licensed premises. We would stress that licensees will be subject both to the mandatory requirement of the regulations and also a mandatory licence condition with regard to training records. They need to train staff is not something they can ignore. Any licensee found to have not ensured their staff had undertaken the necessary training would be in breach of their licence. They would then face a review of their licence with the potential of a sanction taken against them by the Licensing Board. Such a failure to comply with the mandatory condition may also place them in breach of section 1 of the Act with the potential of a fine for up to £20,000 or imprisonment for a term not exceeding 6 months; or both. |
Unclear as within what timescale staff must complete their training
Scottish Executive Response All staff must be trained by the commencement date of the Licensing (Scotland) Act 2005 (1 September 2009). Any new staff employed on or after that date must be trained before they can sell alcohol. |
No mention of refresher training. Staff should be required to undergo such training at regular intervals
Scottish Executive Response The Scottish Executive recognises that refresher training is an important element in ensuring knowledge is kept up to date. However, we would like to monitor the training once in place to ensure the effectiveness of it. Following this, consideration will be given to the most appropriate timescale and content of any refresher training. |
Number of key areas that training should cover with regard to effect of alcohol on heath have been ignored. These must be incorporated in any training package
Scottish Executive response The Cabinet Secretary for Justice has decided that the key areas that the training must cover will be those 16 issues set out in the schedule to The Licensing (Training of Staff) (Scotland) Regulations 2007 ( SSI no. 2007/397). These are: - The legal basis of the requirement for the training of staff under paragraph 6 of schedule 3 to the Act. The licensing objectives. The definition of "alcohol" in the Act. What constitutes an unlicensed sale. The functions of Licensing Standards Officers, including their powers of entry. The nature of an operating plan and its place in the licensing system. The different types of premises licence conditions under section 27 of the Act. Special provision for clubs under section 125 of the Act. Licensed hours under Part 5 of the Act. Offences under the Act, particularly those involving persons under the age of 18. Proof of age under sections 102 and 108 of the Act and the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 ( SSI No. 2007/93). Test purchasing of alcohol under section 105(2) of the Act. Best practice as regards standards of service and refusing service. Units of alcohol and the relationship between units and the strength of different alcoholic drinks. The sensible drinking limits for males and females recommended by the British Medical Association. Good practice in managing conflict situations. |
The training requirements will place an unfair burden on small voluntary bodies
Scottish Executive response It is important not to place an unreasonable burden on small voluntary bodies. However, it must be emphasised that alcohol is a different product to any other and should be treated as such. The serving of alcohol must be undertaken in a responsible and safe manner, regardless of the premises or event in question. The mandatory condition requiring staff to be trained is set out in schedule 3 to the Act. This does not apply to schedule 4 of the Act which sets conditions for occasional licences, the procedure through which most voluntary organisations will be applying for events of limited duration. The matter of what licence conditions a Licensing Board may attach to an occasional licence will be a judgement for Licensing Boards based on the circumstances of the event covered by the occasional licence. This is a matter that the Government will consider further to determine whether further regulatory requirements may be developed with regards to conditions that could apply under schedule 4 of the Act to occasional licences with regard to training, or alternatively whether this could be addressed through guidance that could be given to Boards. |
How will the training be delivered?
Scottish Executive response The licensed trade will need to decide the best method of training their staff e.g. through buying training from specialist training providers or developing their own training programme. It may be that licensed trade associations and/or alcohol producers may wish to develop their own training manuals or workbooks. We do not see the need for further differentiation e.g. between pubs and nightclubs and off-sales & on-sales. Any training programme must, however, comply with the regulations. |
Where staff move between premises will they have to undertake the training all over again?
Scottish Executive response No. The mandatory training condition requires that a training record be kept for all individual members of staff. We expect that this training record would be the property of the member of staff and can be transported with them from premises to premises as proof they had undertaken the appropriate training. |
Where licensed premises recruit temporary staff at short notice, e.g. for one function from an agency who is responsible for ensuring that staff member is trained, the licensee or the agency providing such staff?
Scottish Executive response The Act provides a power for Scottish Ministers to prescribe what training must be undertaken and the relevant competency required for persons to deliver such training. It would be out with the scope of regulations to deal with matters such as this. Schedule 3 sets the mandatory conditions, of which training is one. Section 1 (3) of the Act places the obligation on the licence holder to ensure that alcohol is sold in accordance with the premises or occasional licence including the mandatory licence conditions. However, this does not prevent any arrangements being made between licensed premises and
recruitment agencies. |
The length of training set at 4 hours seems inappropriate. It would be better that the training should "take no longer than 4 hours"
Scottish Executive response The Executive wishes to ensure that effective training is put in place and does not allow any loophole that could result in token training of e.g. 15 minutes being offered. In light of this it is proposed that the regulation will set a minimum period of 2 hours rather than setting a maximum period, thereby allowing flexibility for any training to be offered over longer periods where appropriate. |
Clubs
Q Who will ensure training is undertaken in Clubs where there will be no premises manager and/or personal licence holder?
Scottish Executive response Where a members' club does not have a personal licence holder, clubs may use the services of an external training provider. However, we expect in many cases clubs will wish to train a member of staff as a Personal Licence Holder who could then provide training "in-house". |
The training record should be set nationally to ensure consistency
Scottish Executive response The Scottish Executive agrees with this and will prescribe the form of the training record that is required to be kept in regulations. These will create the mandatory licence condition concerning the requirement to keep the training record. The training record must be signed by the person who received the training and the person who provided the training. We also recognise that some large organisations keep such records centrally. However, it is important that these training records are accurate and are available for inspection by LSOs at any time. We do not see it as an onerous duty to keep individual training records on the premises at all times. An individual training record should be maintained for each member of staff. |
The requirements that trainers must hold a qualification is too restrictive and an unnecessary burden
Scottish Executive response It is important that the training of staff is done properly and to a high standard. Scottish Ministers, the public, and the licensed trade quite rightly expect this. Should the licensed trade choose to use the expertise of an external training organisation, concern was raised by representatives from the trade that anyone who provides training for their staff must be properly qualified. Scottish Ministers agree with this and wish to ensure that the licensed trade have confidence in the proposals on training. The proposals on training for trainers is set out at Annex F to this summary report. |
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