Click on questions below to show answers.
”Q: I work in a pub. It has a premises licence but only one person has a personal licence, and that person is never on the premises. By law should there always be somebody on the premises with a personal licence? And if someone comes and does a check up, who is fined? The person working behind the bar or the premises owner?”
”Q: On reading your column in the September 17 edition of SLTN, it got me thinking of our bowling club. Every year for the past five we have had a Hogmanay party with invited guests only. The club is a licensed premises but the bar is not used (it’s BYOB). It’s a private bowling club and only members are invited. My question is are we breaking any laws? If so, how can we still have the event and comply with the licensing board?”
”Q: I was thinking of providing free cardboard wine carriers in the alcohol aisle of my convenience store. I thought they might encourage bulk purchases. I’m up-to-speed with pricing rules, but I’m not sure about display restrictions, so do you see a problem here? Does the mandatory carrier bag charge apply?”
”Q: I operate a nightclub business in a mixed commercial/residential location and I’ve run into trouble with the police and local residents over dispersal problems caused by noisy customers at closing time. The police have already carried out an ‘intervention’ and if I don’t get a grip of this I reckon I’ll be called up before the licensing board and could see the hours cut. At the moment the club’s licence finishes at 2am. I’m planning to stay open until 2.45am or possibly 3am, with customers able to finish their drinks, listen to music – and maybe buy soft drinks and something light to eat – during the extra period. That would spread out the time over which people hit the street and could just make a positive difference. Do you see any licensing problems with that approach?”
”Q: I own and manage a hotel. During a recent police visit I was told that there’s a gap in the licence operating plan because I haven’t stipulated that I provide breakfast for my residents, although the bar doesn’t open until 11.30am. It seems that I’ll need to go through the expensive process of applying for a major variation of the licence to correct the omission. Before I go ahead, is this really necessary?”
”Q: I am planning to sell samples of spirits as well as wine in my new restaurant. What does the law say about the measures used for these? Can I only sell, say, three gins if I use 25ml measures? Is it legal to sell these in smaller measures, say 15ml? The same question applies to the wine. My last place of work offered ‘flights’ of wine in 50ml measures. Was this legal?”
”Q: My local golf club is a private members’ club. A management committee member said anyone from another golf club can enter premises and purchase alcohol without being signed in, as all golf clubs are affiliated. I think this is wrong and affiliation requires to be carried out on an individual basis. Could you please clarify this?”
“Q: I currently own a property that has a liquor licence. I updated to a premises licence when I operated the business. Then I put tenants into the property and they took over the licence. I have recently had a change of tenant. Who is responsible for the transfer of the licence? Is it wise to put the new tenant’s name on the licence or should they be the premises manager?”
“Q: I was always under the impression that it was against the law in Scotland to charge a fee to enter the premises of a public house unless it was to a private function away from the main bar. Has this law been changed or is this still the case as there seem to be more and more public houses charging at the door? Also, are there any byelaws that could prevent this from happening?”
*Jack Cummins is unable to enter into personal correspondence on readers’ questions. The advice offered in SLTN is published for information only. No responsibility for loss occasioned by persons acting or refraining from action as a result of material contained on this page or elsewhere in SLTN can be accepted by the author or publisher.