A: I would expect that to be possible, but there’s no general rule. It depends on the terms of the hotel’s premises licence. The only way to be sure of the position is to check with the hotel management.

A: I suppose it’s possible that the lounge – despite being so called – is designated as a restaurant for licensing purposes. It’s more likely that this is simply a management decision. Either way, your choice is to live with the new arrangement or take your custom elsewhere.

A: The dispensation for this sort of hospitality disappeared when the Licensing (Scotland) Act 2005 came into force. The consumption of alcohol outwith licensed hours is an offence, even when there are no sales. If the party is to carry on after your terminal licensed hour, you’ll need to apply for an extension.

A: The short answer is: yes. In 2007, before the Licensing (Scotland) Act 2005 came into force, the then Scottish Executive issued statutory guidance to licensing boards. It suggested that there was a “duty to trade”: that is to say, licensed premises were obliged to remain open throughout all of their authorised hours. Inevitably, the guidance conceded that there would be circumstances where that was not possible: bereavement, weather conditions, etc. Section 142 of the Act provides that “each licensing board must, in the exercise of their functions… have regard to any guidance”. In addition, where a board decides not to follow guidance, it must give Scottish Ministers notice of the decision with a statement of reasons. However, you will not find a single licensing lawyer who believes there’s a “duty to trade”, nor, for that matter, a licensing board clerk. It’s simply wrong. And, to the best of my knowledge, there has never been a single case of a business being sanctioned for trading short of its licensed hours. Nevertheless, the guidance is still in force; and, after 15 years, it’s more than ripe for a radical overhaul.

A: I can only bring to mind one circumstance where the law would be broken. That’s where alcohol is being consumed outwith licensed hours, whether or not purchased on the premises. Of course, it is open to the management to impose a rule banning the consumption of alcohol brought in by a customer; but, except in the circumstance I’ve described, it’s not illegal.

A: Originally there was a five-year embargo on a fresh application following a revocation; but the law was changed as a result of thousands of licences being lost at the first round of refresher training in 2014. So there’s nothing to stop you forging ahead. If you currently have a training qualification it’s best to check that it remains valid for the purposes of the application.

A: It appears that you omitted to give the licensing board notice of the manager’s departure within seven days of that occurring and then follow up with a variation application to substitute a new manager within six weeks of the leaving date. You have to stop selling alcohol until this is rectified. As soon as you find a replacement submit a minor variation application to appoint that person as the premises manager and – importantly – request that the variation has immediate effect. When the board has the application you can resume alcohol sales. To avoid a similar drama in the future, I suggest that you put at least one other member of staff through a personal licence course.

A: There is indeed a problem. The Licensing (Scotland) Act 2005 provides that a promotion is “irresponsible” - and therefore banned - if it “involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises)”. “All you can eat” is fine – but “all you can drink” would land your boss in the soup.

A: The Licensing (Scotland) Act 2005 provides that in the event of a refusal a further application can’t be made before the expiry of one year beginning with the date of the refusal. That obstacle can be overcome if (1) at the time of the refusal the board directed that the one-year ban would not apply; or (2) the board is satisfied that “there has been a material change in circumstances since the earlier refusal”. Demonstrating a “material change in circumstances” could be tricky. It’s difficult to advise how you might make out such a change without knowing more about the background. However, I reckon the key to this probably lies in what the objectors were worried about. For example, a reduction in the size of the external area might be the solution. In any case, you’d be wise to engage with the objectors before trying to progress this and an LSO may be able to assist as an intermediary.

A: When the 2005 Licensing Act came into force it put an end to “pensioners’ afternoons” – the offering of discounts to older customers, typically one afternoon a week – because the Act prohibits price variations lasting less than 72 hours. However, there’s nothing to stop you having two price lists – one for senior citizens and one for other customers – so long as the prices are fixed for at least the mandatory 72 hours. Any changes to either list then become subject to the same constraint.

A: It does not, provided there are no alcohol sales to the gallery’s guests at the reception and no other form of payment whatsoever (for example, a drinks-inclusive ticket price). If, as appears, the only sale of alcohol here is by your company to the organiser, that’s covered by your premises licence without the requirement for an occasional licence.

A: I can’t detect a licensing issue here unless the ‘no standing’ rule is designed to discourage excessive alcohol consumption. There are some licensing boards that don’t allow children in the bar counter area but l can’t recall ever seeing a licence condition that prevents standing at the bar. I suppose it’s just possible – but unlikely – that the club’s committee has decided to continue the “table service only” rule required during the pandemic.

A: It depends on the terms of your premises licence operating plan. This sets out the ‘activities’ taking place on your premises and whether they take place outwith as well as within core licensed hours. So, there would require to be wording to the effect that food and non-alcoholic drinks will be provided prior to the commencement of licensed hours. Some licensing boards accept a general statement to that effect, while others will require a starting time to be specified. Absent the appropriate wording, you’ll need to apply for a major variation of the licence. A start time of 12.30pm is unusual, so I suggest you investigate the possibility of applying to vary the licence so that licensed hours start at 11am.

A: The Licensing (Scotland) Act 2005 sets out a number of “irresponsible promotions”. These include a promotion involving “the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink”. When the law was introduced concerns were expressed that this imposed a requirement for “linear pricing” – eg. if a single measure costs £3.30 a double couldn’t be less than £6.60. It’s now well settled that’s not the case. There’s nothing to prevent the sale of the double measure where that’s requested by the customer: they are not being supplied with a larger measure on the purchase of a single. However, a promotion is also “irresponsible” if it “encourages or seeks to encourage a person to buy or consume a larger measure of alcohol than the person had otherwise intended”. So, while there’s no problem with your pricing structure, you’re wise to avoid promoting the cost-saving benefit of the double.

A: Convictions become ‘spent’ after a certain period depending on the nature of the offence and the sentence imposed. In November 2020, a change to the law cut the “rehabilitation period” from five years to one year when a fine was handed down - but an exception was made for the purposes of the Licensing (Scotland) Act 2005. So, in your case the conviction looks to be still ‘live’. This is extremely complex territory; it’s vital you take expert advice.

A: It’s difficult to make a proper assessment without knowing the full circumstances of the offence - but a number of appeal decisions may be on your side. According to these cases, before imposing a sanction the board must be satisfied “that it is necessary to do so for the purposes of the licensing objectives”. That is not an entirely straightforward exercise. The mere fact that the offence was committed is insufficient – there must be a “relevant connection” with one or more of the objectives. Also, the chief constable is empowered to recommend that the licence be revoked, suspended or endorsed. If no recommendation has been made that’s a definite help. My best advice is: put this in the hands of a solicitor.

A: This needs a major variation application requiring to be heard at a meeting of the licensing board. I suspect the conditions are standard ones and in the circumstances there’s a decent chance they could be taken off the licence.

A: There really is no such thing as free alcohol in a commercial context. What you’re proposing is a ‘supply’ which is treated as a ‘sale’ in terms of section 3 of the Licensing (Scotland) Act 2005, so you do need to obtain a premises licence. Since the sale is ‘remote’ for the purposes of the Act, the licence is required for the premises from which the alcohol is despatched to customers.

A: There can only be one answer: the licence holder has managed to obtain an ‘interim recall’ of the suspension from a sheriff. That’s a holding operation. In appropriate circumstances, it effectively freezes the suspension until an appeal has been heard and decided. While the suspension (or revocation) of a licence has immediate effect, the law recognises that, without this safety net, there will be cases in which a sanction is overturned following an appeal. In such a situation, a successful appeal would have no value: the damage to the business would already have been done. Broadly speaking, a sheriff will grant interim recall where, on a preliminary assessment, the licence holder has decent arguments that might be successful when the appeal is heard. It’s far from an automatic outcome.