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The Licensing (Scotland) Bill: A Consultation on Liquor Licensing

Chapter 15
Miscellaneous Matters

Sales of Alcohol from Petrol Stations

The Nicholson Committee considered the problems surrounding the licensing of premises forming part of, or ancillary to, filling stations which are not located on motorways. They do not consider it necessary to have a standard licensing provision to deal with this matter and consider that it can be left to Licensing Boards.

The UK Government has legislated against the granting of such licences if the premises are used primarily as a garage for the sale of petrol. A key argument for this decision is that it is important not to give any encouragement to motorists to drink and drive. We find some merit in that argument. However, there is clearly an important rural dimension to be considered in some parts of Scotland where a local garage may also be the only available local shop.

Motorway Service Stations

The Nicholson Committee recommends the retention of the licence prohibition for motorway service stations, which has also been retained in England and Wales.

Our Approach

We intend to continue the licence prohibition for motorway service stations.

Passenger Ships and Boats, Aeroplanes and Trains

At present ships, boats, aeroplanes and trains carrying passengers and travelling within Scotland largely do not require a licence to sell alcohol. The Nicholson Committee considered these exemptions and suggests there is a need for clarity not readily available from the present legislation. They make no further recommendations except for the removal of restrictions for the sale of alcohol on boats on Sundays.

The UK Government agreed that, for England and Wales, there was no case for imposing further regulations on flights as internal journeys tended to be relatively short thereby limiting the opportunity for misuse. Although such problems could arise on long haul flights, there were already firm laws with serious penalties to cope with those who caused disorder on aeroplanes.

For trains there were a number of practical problems. They could travel through many licensing districts during a journey and lacked the permanence of buildings or boats, therefore not lending themselves to the premises licence approach. In those circumstances, and in the absence of major problems in recent years, it was decided to continue the exemption.

It was acknowledged that there needed to be some mechanism to prevent the sale of alcohol on train lines that are a persistent source of disorder and nuisance. Therefore a power for a chief police officer to seek a prevention of sale order from a court was proposed. This can relate to all trains running between specified towns between specified times. The order would remain in force until rescinded by the courts.

In Lord Justice Clarke's report following the Marchioness disaster in 1989 he stated:

'If we are to retain liquor licensing laws and require premises to be licensed to sell alcohol, then the reasons that commend themselves to require such premises on land to be licensed seem to me to apply with at least equal force in respect of vessels. Indeed it might be said that safety concerns demand even higher standards for those in charge of serving alcohol on board boats.'

The UK Government saw Lord Justice Clarke's comments as relating to those ships and boats which essentially provided a mobile party. They therefore proposed that for passenger ships and boats carrying out both river trips and costal excursions, at least one member of the crew should by law be required to hold a personal licence and to be on board during the period in which alcohol was sold or supplied to passengers. Such ships and boats would also require a premises licence issued by the licensing authority for the home port.

Our Approach

We are attracted to following a similar policy to that established in England and Wales for passenger ships and boats, trains and aeroplanes. Passenger ships and boats journeying between points within Scotland would be brought within the licensing system. We would however follow the Nicholson Committee's recommendation to remove the Sunday trading restrictions for passenger vessels. Maritime authorities would be given specific authority to make representations about the premises licences. Aeroplanes (whilst airborne) would continue to be exempt. Trains would continue to be exempt but we would remove the present anachronism that food must also be available. We would also wish to consider giving additional powers to the police to seek an order to prevent alcohol sales on certain train lines which are a persistent source of nuisance and disorder.

We will also ensure that under-18s are prevented from buying alcohol on trains, aeroplanes, ships and boats.

Wholesale Selling

At present a wholesaler selling a case of wine or two cases of beer at a time from premises used exclusively for wholesale (or other licensed premises) does not need a liquor licence. Whilst the quantities defining wholesale may make sense in terms of excise duty, they do not in many respects match modern purchasing trends. Few wholesalers could now be said to supply alcohol solely to the hospitality and retail trade. In fact, certain warehouse chains can be found on our High Streets.

Our Approach

We believe it is now appropriate to bring wholesalers into the licensing system. They would be subject to both the personal and premises licence requirements.

Mail Order Including Internet

Although the Nicholson Committee sees no need for express provision in primary legislation in respect of sales of alcohol arranged by telephone, mail order or through the Internet, they do see the need for this matter to be kept under review. However, the majority of consultation responses expressed the view that without any provision there would be an ever growing loophole in licensing law. Although most sales would be carried out through credit cards and unlikely to become a problem area for underage drinking, the absence of any licensing requirement would enable such businesses to effectively ignore the principles and guidance on which the rest of the system is based.

We intend to give further consideration to this issue but are seeking additional views.

Trading in Smuggled Goods

The Nicholson Committee recommends the continuation of the existing provisions relating to hawking, bartering and trafficking without a liquor licence. The Daniels Committee recommends adopting the clause concerning the 'Keeping of smuggled goods', as incorporated in the recent new England and Wales licensing act. Such a clause would prevent the use of licensed premises as outlets for smuggled alcohol and tobacco.

Our Approach

We would maintain trafficking, hawking and bartering offences, updating them as necessary and including wholesales. We would include a clause on the 'keeping of smuggled goods'.

Credit Sales

The existing law requires alcoholic drinks for immediate consumption on the premises (except with a meal) to be paid for in cash at the time of the sale or supply. These laws apply to registered clubs as they do to pubs. Today, these laws are widely ignored, do not apply to off-sales and are rarely enforced.

Our Approach

In the interests of tourism and as a reflection of modern purchasing arrangements, we intend to change the law to permit purchasing using credit cards.

Theatre Exemptions

The Nicholson Committee recommends the removal of the special provision for theatres erected before 1904 which meant they fell outwith the normal licensing requirements.

Our Approach

We intend to end this anachronism and include these theatres within the licensing system.

Armed Forces Canteens

Messes and other facilities operated by the Armed Forces where alcohol is sold are exempt from the present legislation.

Our Approach

Due to the unique circumstances of service life it is our intention to replicate such an exemption in the forthcoming legislation.

Seamen's Canteens

A war-time measure which the Nicholson Report recommends 'consigning to history'. Consultation respondents agree.

Our Approach

The Seamen's Canteen Licence makes special provision for those voluntary societies running clubs and centres providing for seafarers. We have consulted with the Merchant Navy Welfare Board who have indicated that they would prefer the retention of seamen's canteens, which provide a service for overseas seafarers. We have decided to consult the voluntary societies operating in Scotland and to consider further before taking a decision.

Drinking-Up Time

The Nicholson Report recommends extending drinking-up time from the current 15 to 30 minutes to assist orderly closure. A significant minority of consultation respondents disagreed on the basis that it would annoy local residents, encourage stockpiling of drinks and undermine further the trading differential between pubs and clubs.

Our Approach

We see this having no particularly beneficial impact on orderly closure. The current system appears to work well and we intend to continue it.

British Summer Time

There was universal approval from consultation respondents for the Nicholson suggestion of a uniformity of approach to British Summer Time. This would involve a provision in the Bill such that on those days, closing time should be in reference to the number of authorised opening hours after midnight.

Our Approach

We agree with this proposal.

Summary of Questions

1. Should we seek to ensure a measure of national consistency by balancing Board discretion with an emphasis on a set of standard national licence conditions supported by detailed statutory guidance?

2. Do you agree with the issues identified so far for those standard national conditions (off-sales, adult entertainment and late opening premises are covered in Chapter 4):

• no-proof no-sale
• irresponsible promotions
• access by children.

3. What other issues would be suitable for national standard conditions?

4. Do you think that on some of these issues the formulation of national conditions should remove the need for additional local conditions? If so, on what issues would this apply?

5. In the interests of best use of Board resources and offering certainty on policy for the licensed trade and local communities, should Board Policy Statements remain current for 2 years? If not, what period would you propose?

6. Do you agree that Board membership should be limited to a maximum of 10?

7. What is the best way to ensure close co-operation and an effective relationship between the Licensing Board and the Licensing Forum without compromising the independent nature of either body?

8. Should we seek to maintain high standards in the industry by developing standard national conditions for off-sales and the provision of adult entertainment and either national conditions or guidance for late opening premises?

9. At what point should premises be considered to be 'late opening'?

10. We would welcome your views on the types of conditions that might be imposed.

11. We would welcome your views on whether there should be closer co-operation between the planning and licensing regimes at local level.

12. Do you agree that we should seek to impose some controls on occasional permissions for voluntary organisations?

13. What would be the best way to do that?

14. Do you agree that Licensing Boards should be required to actively assess overprovision within their area with the results reflected in their policy statement?

15. Do you agree that there should be a presumption against 24-hour opening in Scotland with limited exceptions set out in statutory guidance?

16. What limited exceptions should be allowed?

17. Should we widen the range of people who are in a position to object legitimately to a premises licence application by allowing anyone with a real and material interest to forward objections or representations for consideration by the Licensing Board?

18. Should immediate neighbours, community councils, the Chief Constable, fire authority and relevant departments of the local authority be entitled to receive written notice of an application from the Licensing Board?

19. Is a radius of 4 metres sufficient to define those neighbours entitled to receive written notice or should this be wider?

20. Do you agree that Liquor Licensing Standards Officers should be employed by local authorities rather than by Licensing Boards?

21. Do you have further views on how a tiered complaints system should work and what the range of sanctions should be?

22. In view of the rigorous nature of monitoring under the new system and the tiered approach to complaints and sanctions, do you agree that licence suspension should take immediate effect until a hearing on interim suspension before a Sheriff?

23. Do you agree that Board members should be obliged to undertake their mandatory training within 3 months of elections before sitting?

24. Do you agree that personal licence holders should be obliged to undertake refresher training every 5 years?

25. Do you agree that all permanent members of staff who are serving alcohol should receive appropriate mandatory training to an agreed national standard?

26. Do you agree that casual staff should be exempted from this requirement but should receive basic on site training by a personal licence holder subject to a statutory definition of 'casual'?

27. How should 'casual' be defined? Would a period of 2 or 3 months be appropriate?

28. Should the designated personal licence holder be placed under a duty to ensure that training of permanent staff is carried out?

29. How can this best be monitored?

30. Do you agree that the issue of irresponsible promotions is best tackled at a national level?

31. Do you have any views on how an 'irresponsible promotion' can best be defined?

32. Do you agree that with a view to ensuring the protection of children, licensed premises should be required to 'opt-in' to the new system subject to a set of standard national conditions and a simple administrative procedure?

33. Do you support a no-proof no-sale approach for Scotland, extended to all licensed premises?

34. What conditions should be attached to the premises licence to recognise the special character of clubs?

35. Do you agree that the bar manager or steward should be the designated personal licence holder?

36. Are there any very small clubs which should be exempt from the personal licence requirements?

37. Do you agree that a retention fee for premises licences should be charged?

38. How can this best be done?

39. Do you agree that every premises applying for a licence should display a pro-forma A3 notice for 21 days.

40. How can we make Board hearings less intimidating?

41. We would like to hear further views on the merits of preventing petrol stations from selling alcohol and whether we can limit such sales to those premises which provide an important community function as the local shop.

42. Should the police be provided with power to seek a court order banning the sale of alcohol for certain train lines at certain times where they are a persistent source of nuisance and disorder?

43. Should passenger ships and boats be included in the licensing system where journeys are between points in Scotland?

44. Do you agree that wholesalers should be brought within the licensing system?

45. Should those who run mail order, telephone and Internet alcohol sales businesses be required to hold a personal licence?

46. Should their storage premises be required to have a premises licence?

Consultation Arrangements

Copies of this paper can be downloaded from our website at www.scotland.gov.uk. Requests for this paper in different formats and languages will be considered. We are asking for your views on a range of questions contained in the paper. Comments on the proposals set out in the paper can be made:

by e-mail to liquorlicensing@scotland.gsi.gov.uk

in writing to Ann Oxley
Scottish Executive Justice Department
Civil Justice Division
Licensing Branch
2 West Rear
St Andrew's House
Edinburgh
EH1 3DG

Comments by e-mail would be preferred. A full list of the questions is also contained in the paper, and each question is highlighted in the appropriate section of the text. It would be helpful if, in responding, comments could be cross-referred to the question numbers in the paper. If you would like your response to be treated as confidential, please indicate this clearly as all responses will otherwise be available for public scrutiny at the Scottish Executive's library at Saughton House and on our website. Responses from those who reply in confidence will only be included in numerical totals, and names and text will not appear in the list of respondents or in any published analysis.

 We will produce a digest of the consultation responses and an analysis of their content.

 We invite individuals and organisations to submit views and comments by 31 August 2004.

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