A: Around 24 years ago the Crown Office issued a circular to licensing boards advising them that prosecutors were content for pending criminal charges to be taken into account when licensing applications were considered. In my view that was a bad position to adopt; so much for the presumption of innocence and the right to a fair trial. Case law was inconclusive, with one Sheriff Court appeal judgment vindicating the right of boards to consider criminal charges and another disapproving of the practice. In my experience, it’s unlikely that a board will delve into matters which have yet to come before a criminal court, especially since there’s a valuable safeguard. If a licence was granted but a conviction for an offence ensued then the board would require to be notified and a review hearing would almost certainly ensue.

A: In my opinion, it is not. However, it’s not good practice to trade without the presence of a personal licence holder: it will lead to unwelcome complications if there are any problems with the conduct of the premises in such a circumstance.

A: In my opinion, you are indeed correct, although I can understand why the cashier fell into error. The prohibition of alcohol sales outwith licensed hours is subject to a number of exceptions, including “the ordering of alcohol for consumption off licensed premises”. But that does not authorise a completed sale. In a High Court case decided in 1930, the bench held that an order for the supply of liquor, coupled with immediate payment of the price outwith ‘permitted hours’, constituted a prohibited sale. Alcohol can also be despatched to the customer outwith licensed hours (subject to a ban on deliveries between 12 midnight and 6am); but, again, payment for the order must be taken during licensed hours.

A: For the purposes of the Licensing (Scotland) Act 2005, ‘alcohol’ means ‘spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor’ but it does not include ‘alcohol which is of a strength of 0.5% or less at the time of its sale’. (There are a number of other exceptions which are not relevant to the question). So, provided the drinks you describe do not have an ABV exceeding 0.5% no licence is required.

A: Other than personal licence holders, those who are employed to sell or serve alcohol (whether paid or unpaid) must undergo training covering a range of subject areas and lasting a minimum of two hours. You can carry out the training when your personal licence has been issued. The training must be recorded on a prescribed form and the record made available for inspection by a licensing standards officer. As to the training content and the form of the record, you should consult a solicitor if in any doubt.

A: You could apply for a temporary licence in respect of the stop-gap premises if that’s a viable route. The Act provides almost no detail in relation to the application procedure but it does provide that the licensing board would require to be satisfied that (a) the temporary premises are suitable for the sale of alcohol and (b) it is necessary to grant the application so that you can carry on business pending the reconstruction. From what you say, there looks to be no possibility of operating while the building works are in progress. The licence would last for not more than two years but with the possibility of a 12-month extension if the reconstruction drags on.

A: You cannot stage a drinks promotion running for only two days. The discounted prices must be introduced at the start of licensed hours and that sets the price of the promoted products and all other drinks for at least 72 hours thereafter. It follows that you could offer the price cuts on, say, Fridays, Saturdays and Sundays - but not over two days.

A: It really isn’t so easy to work round the need for a licensing arrangement. The purchase of the ticket amounts to a contract entitling the holder to the supply of alcohol – and in law that amounts to a sale requiring a licence. Section 3 of the Licensing (Scotland) Act 2005 provides that “the supply of alcohol which is not otherwise a sale is... to be treated as the sale of alcohol... where the sale is made to, or to the order of, a person pursuant to a right acquired by that person under a contract”. You ought to obtain occasional licences for the venue. An application can be made by the holder of a personal licence (or a premises licence). If you consider that you have a viable long-term business proposition it would be a sensible idea to invest in a personal licence. Both the personal licence and occasional licence processes ought to be straightforward. Just be sure that you lodge the occasional licences applications in good time.

A: Absolutely not. As far back as 1991 senior judges ruled that where planning was in place a board should be slow to find that licensed premises would have a negative impact on local amenity. That position is fortified by the Licensing (Scotland) Act 2005. The Brightcrew case, which I’ve discussed here many times, makes it plain that boards must not stray into matters governed by other legislation: planning, building control, health and safety and so on.

A: There have long been concerns that occasional licences could be used as a cheap alternative to a ‘permanent’ licence. The Scottish Government consulted on this and I have no doubt that representations were made on behalf of businesses such as yours. If the government does go ahead and impose limits, it would do so by triggering a power to introduce regulations. That power is currently dormant and it would seem that the matter is still under consideration.

A: There’s no problem with that arrangement, but with provisos. Check that your premises licence allows young persons to be on the premises during the hours your niece would be working. Also, since she would be going back and forth to the kitchen to place orders and collect food, ensure that she has access to that part of the premises, not simply the dining area. I’m aware of a case where a licence had to be varied so as to allow waiting staff aged under 18 to enter a pub’s kitchen. The premises licence simply provided that young persons (and children) had access to “all public parts of the premises”.

A: If the police haven’t recommended that the licence should be refused that’s a promising starting position. Otherwise, assuming that you have a previously clean record, I reckon the worst you can expect is an endorsement. It is of course important that you get expert professional representation at the hearing.

A: The Licensing (Scotland) Act allows alcohol to be sold to and consumed by a person who resides on the premises outwith licensed hours. Otherwise, in relation to non-residents, alcohol can be consumed at a meal at any time within 30 minutes of the end of licensed hours, provided (1) the alcohol was sold during licensed hours; (2) at the same time as the meal; and (3) for consumption at the meal. You’d have to be sure that those staying on are residents. If there’s a visit by police or an LSO, the production of a key card or some other evidence of resident status will inevitably be required.

A: In all likelihood the shopkeeper is ‘overtrading’. It would be very unusual for a premises licence to authorise that sort of arrangement. The premises licence operating plan sets out the off-sales capacity while the associated layout plan identifies the display areas. A departure from these arrangements constitutes a criminal offence. I’m aware of a case where police officers detected off-shelf displays, only to be told by shop staff that they were just about to stock up the shelves. That didn’t wash, and the matter was reported to the Procurator Fiscal for prosecution.

A: There’s no problem with that approach but always provided that there’s no attempt to incentivise the purchase of a bottle. The Licensing (Scotland) Act 2005 bans a promotion which involves encouraging, or seeking to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume. I suppose there might be a quibble as to whether a bottle is a “measure” but my advice would be to stay away from that sort of practice.

A: A question arises as to whether a landlord should hold the premises licence or allow it to be transferred to a tenant but the latter course poses a substantial danger. If there’s a fall out, it’s simply impossible to prevent a tenant surrendering the licence if he or she is minded to do so. I’ve been involved in a number of cases where that has happened – with inevitably calamitous consequences. So, it’s normal for the landlord to keep hold of the licence, but that too carries risks. If the premises aren’t properly managed and come to the adverse attention of the police, it’s the landlord who is accountable in the event of a licence review. In that situation, licensing boards will have absolutely no time for a landlord who adopted a hands-off approach. It’s therefore vital that landlords keep a very close eye on how the premises are being run.

A: It is essential the person making the deliveries carries out the Challenge 25 procedure. Where the person accepting a delivery appears to be younger than 25 years of age, an approved proof-of-age document must be produced. Those are: (A) a UK or EU photocard driving licence; (B) a passport; (C) a Ministry of Defence identity card (Form 90); (D) a photographic ‘PASS card’ with a hologram; and (E) a national identity card issued by an EU member state, Norway, Iceland, Liechtenstein or Switzerland. Biometric immigration documents are also acceptable, but most people are unfamiliar with these so I’d be inclined to drop them from the list. I suggest you issue written instructions to the driver explaining the procedure and listing the above forms of ID, obtaining a written acknowledgement. You should also provide regular reminders about their responsibilities. And bear in mind that a record of alcohol sales must be kept. This falls into two parts. A ‘day book’ requires to be kept at the premises recording, before the despatch, (1) the quantity, description and price of the alcohol; and (2) the name and address of the person to whom it is to be delivered. (It can only be delivered to that address.) The person carrying out the delivery must carry a book or invoice with the same information. Failure to take these steps is an offence, and it’s also an offence not to produce the documentation to a police officer or LSO when required. Remember too that there’s a ban on alcohol deliveries between midnight and 6 am.

A: You’ll need to apply to the licensing board for a major variation of your premises’ licence to add ‘accommodation’ as an ‘activity’. A new layout plan will also be required to show the bedrooms and any other alterations to the property. Unless the application attracts objections, I would expect this to be straightforward, although it may be several months before the application is considered. Other adjustments to the operating plan will require to be made: for example, in relation to access by children and young persons. You’d be advised to seek expert help – and don’t forget to check the planning position.

A: As I explained in a previous column, provided the alcohol is purchased by an adult, a young person (aged 16 or 17) is allowed to consume beer, wine, cider or perry with a meal supplied on the premises. The notice to which you refer is required by Section 110 of the Licensing (Scotland) Act 2005 but it’s misleading in this respect. Of course, in addition to operating Challenge 25 in relation to the adult, you also want to be satisfied as to the age of the person for whom the alcohol is being purchased.