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Legal

Jack Cummins is one of Scotland’s leading licensing lawyers. Every month he writes on licensing law and answers readers’ questions in SLTN.

Do you have a legal question for Jack Cummins?
Email sltn@peeblesmedia.com

Scottish Pubs Code gives tied publicans options – but think carefully

Tied pub leases have been a feature of Scotland’s hospitality sector for hundreds of years, but new legislation could mean significant changes.

First tranche of Scottish Pubs Code legislation comes into force

The first section of the code is now in force, with the remaining provisions – governing rent reviews and market rent-only leases – due to go live on 30th June. 
A 'pub closed' billboard on a pavement

Accelerating cost of a night out will keep even more customers at home

Some operators have reduced staff or cut trading hours; some have varied their licences to maximise trading; others have thrown in the towel.

Know the law when its comes to gaming activities in licensed premises

This month Jack Cummins is looking at some gaming questions that have arisen requiring more space than usual for a proper response. 

This October, new laws will transform hospitality tipping practices

The new legislation requires tips to be distributed fairly to all workers without any deductions – and businesses must start keeping records of how tips are managed.
The river Clyde in Glasgow city centre

Licensing boards can run into problems when they reach beyond their objectives

The five licensing objectives set out in the Licensing (Scotland) Act 2005 are designed to guide licensing boards’ approach to applications and review hearings.
A young asian woman serves in a cafe

Legal tips when hiring international students for peak hospitality season

A good way to source candidates is to connect with local colleges and universities with international students and advertise temporary positions.

Better safe than sorry when it comes to drinking alcohol on duty

‘Drunk’: a very ordinary word with an uncomplicated meaning. But for those involved in the management of licensed businesses it has a particular significance. 

Public nuisance complaints can be the death knell for venues

The owner of a bar with a popular musical entertainment offering found himself on the receiving end of noise complaints from a single neighbour ...

Criminal convictions can be a tricky part of the licensing system

Oddly, although driving a vehicle while under the influence of drugs or with an alcohol concentration above the limit constitutes a relevant offence, a refusal to take a breath test does not. 

Columns

Jack Cummins
LEGAL
Jack Cummins
ONLY DRAMS
Andrew Dowson
Neil Morrison
ASK THE OPERATOR
Neil Morrison
THE GRAPEVINE
Luke Richardson