A: Leaving aside a limited exception for certain types of clubs, occasional licences may only be granted in relation to premises “other than licensed premises”. Since the garden is “licensed premises” the board’s position is absolutely correct. In normal circumstances, it’s not appropriate to incorporate outside areas within a licence unless the operating plan includes “outdoor drinking facilities” as an authorised activity. From what you tell me, that can’t be the case here. There may be a work round while you submit a major variation application to permit outdoor drinking; but don’t attempt a solution without further expert advice.

A: If “indoor/outdoor sports” aren’t currently permitted in terms of the operating plan, the incorporation of that activity requires a major variation application. This is a category that spans everything from darts to bowling. The location of the table would also need to be shown on an amended layout plan. The application needs to be advertised, go through the full consultation process and can only be considered at a meeting of the licensing board.

A: The Weights and Measures (Intoxicating Liquor) Order 1988 governs the quantities in which draught beer and cider may be sold. Here’s the relevant wording: “Unless pre-packed in a securely closed container and except when sold as a constituent of a mixture of two or more liquids, beer or cider should be sold by retail (a) only in a quantity of 1/3 of pint, 1/2 pint, 2/3 pint or a multiple of 1/2 pint.” We’re not concerned with mixtures; and the expression “pre-packed” means made up in advance ready for sale (a factory-sealed can is an example), so the exemption is unlikely to apply here: in normal circumstances, the growler will be filled at the point of sale. There may also be doubt as to whether a growler is a “securely closed container”. On that analysis, the only safe course is to proceed on the basis that selling beer (or cider) in litre quantities breaches the 1988 Order. Otherwise, there’s a substantial risk of contravening Section 25 of the Weights and Measures Act 1985 which, in short, makes it an offence to sell goods which are not pre-packed otherwise than in the “particular quantity”: in other words, 1/3 pint, 1/2 pint and so on. Does the growler require to have pint markings? It seems not, provided that the legal quantity sold is first measured using normal pint measures before being transferred to the growler.

A: There is no “must”: the dwell time restriction isn’t mandatory, although it’s frequently represented as such. In fact, a newspaper story suggested that customers need to “plan ahead” as “walk-ins are not allowed”. That’s simply untrue. In fact, the Scottish Government guidance makes the position clear: “This measure is in guidance rather than regulations”. I don’t suppose restaurants would have any great difficulty in following the guidance since they’ll want to turn tables as frequently as possible. On the other hand, it would really come to something if you planned to visit your local pub for a pint and had to make a booking.

A: The “requirement” imposed by the officer appears to flow from the Scottish Government guidance, which deals with “high-profile sporting occasions” – “key football or rugby matches, etc.” – which “should not be marketed as events”. This is on the basis that you might create a “high-risk environment” that’s difficult to control. You wouldn’t be breaking the law if you kept the posters on display. But you have to look at this in practical terms. Going head-to-head with environmental health on this issue exposes you to real risk of enforcement action if customers’ behaviour got out of hand during a sports broadcast.

A: When the move to level three was in contemplation, the Scottish Government published a ‘timeline’ indicating that outdoor drinking would be permitted until 10pm from 26th April. But that position shifted shortly afterwards and large sections of the media failed to keep up. There is no time restriction on the use of external licensed areas in the regulations – but that’s not to say that time restrictions don’t apply. “Local licensing laws” means beer gardens are licensed until the time authorised in the licence.

A: What I said previously holds good. However, the Scottish Government’s guidance says: “We strongly recommend that settings collect the details of all visitors to premises and not just the lead adult of a household”. It acknowledges that details needn’t be taken from customers visiting the premises purely for takeaway purposes. The government is also encouraging the use of the new “Check-in Scotland” QR poster which is designed to allow faster tracing of COVID-19 cases.

A: It appears some operators have fallen into error by taking details from a customer identified as the “group leader”. For the purposes of the regulations, there is no such person. Instead, you require to obtain: (a) the name and telephone number of one member of each household visiting the premises, (b) the date of their visit and arrival time, and (c) the number of members of that person’s household visiting the premises at that time. The regulations do not apply “in relation to a visitor to the premises who is there solely for the purpose of purchasing or collecting food or drink for consumption off the premises”.

A: According to the Scottish Government’s guidance, accommodation providers should only take bookings that fall within the travel restrictions. So, in levels zero, one and two bookings can be accepted from guests coming from areas that are in the same levels. In level three, bookings should only be taken from within the same area. There is a “reasonable excuse” defence in relation to movement to and from level three and four areas. The regulations provide a list of examples, including work purposes. In level four accommodation providers must cease to trade except for very limited purposes: for example, to provide accommodation for persons moving house.

A: The Scottish Government has adopted a ‘hands off’ approach to this issue. Its spokesperson told SLTN that “the fee system operates independently of government”. That’s perfectly correct, of course; but it’s within the power of the government to modify the system as a result of the present crisis. As long ago as April, the Westminster government urged licensing authorities in England and Wales to defer taking any action where non-payment of the fee was related to the pandemic. In my view, it’s disappointing that no such guidance has been given to licensing boards.

A: According to the Scottish Government’s guidance for the retail sector: “Where face coverings are required, people responsible for relevant premises should take reasonable steps to promote compliance with the law.” Non-compliance by customers can result in a fine. No offence is committed by a retailer who serves a customer breaking the law. In my view this needs tightening up and more done through enforcement to support responsible retailers like yourself.

A: There’s nothing to prevent you charging just for providing wine-buying advice per se. As I think you’ve gathered, if you purchased alcohol on your own account and took alcohol to a customer’s home for tasting purposes, even in the absence of a separate charge for the drinks, the law would treat the alcohol as “sold”. Section 3 of the Licensing (Scotland) Act 2005 treats alcohol as sold where it’s supplied as part of a contract and closes a loophole in earlier legislation.

A: An exemption applies to persons “seated at a table” in a restaurant, café, bar or public house without any requirement to be eating or drinking when seated. Customers must, of course, wear coverings when moving about the premises. A separate exemption for “eating or drinking” applies to a number of other indoor public places. For example, cinema patrons may remove the covering for those purposes.

A: In terms of the Regulations, “household” is defined as: “(a) one person living alone, or (b) a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence”.

A: When a new version of the Scottish Government’s lockdown-easing road map was released on August 20, it revealed that “certain outdoor live events (involving open space or organised seating)” could resume on August 24 with the restrictions you mention. A new set of guidance for the “events sector”, distinct from the guidance for the “hospitality and tourism” sector and published around the same time, appeared to suggest that the permitted events could be held in the likes of beer gardens provided they operated with two-metre physical distancing. However, the ray of hope for businesses with large outdoor spaces quickly faded. There was no change to the ban on music - even at low level - and, in any case, many premises licences are saddled with a condition prohibiting music (or at least amplified music) in licensed external areas. Although the position is not as clear as it might be, it seems that there’s very little “read across” between the two sets of guidance.

A: When Nicola Sturgeon announced that hospitality guidance was to be put on a statutory footing, she said that “Wherever possible customers should pre-book tables in advance”. But a subsequent newspaper report suggested – wrongly – that it had become a requirement: it doesn’t feature in Scottish Government’s statutory guidance. I suspect pre-booking is encouraged with a view to prevent queuing.

A: I reckon that policy position is a misinterpretation of the law. The Licensing (Scotland) Act 2005 provides that a licence ceases to have effect where the premises “cease to be used for the sale of alcohol”. The matter is not entirely free from doubt, but there will be many circumstances in which premises close down for an extended period although there’s an intention to re-open at some point. In my view, premises are only be regarded as ceasing to be used for alcohol sales where they are converted to another use. However, in your case, the position during the current emergency is reassuringly clear. The Coronavirus (Scotland) Act 2020 amends the 2005 Act by adding the following section: “For the avoidance of doubt, a licensed premises does not cease to be used for the sale of alcohol… if the premises cease to be used for the sale of alcohol for a temporary period for a reason relating to coronavirus.” This amendment will expire in due course.

A: You cannot. The provisions in the Regulations banning the sale of food or drink for on-consumption provide that “an area adjacent to the premises of the business where seating is made available for customers of the business… is to be treated as part of the premises of that business”.

A: Some licensing boards are content to have a general statement in a licence operating plan along the lines of: “The premises may open prior to the commencement of licensed hours for the sale of food and non-alcoholic beverages”. But other boards, albeit a minority, require something more specific, such as: “The premises may open at 9am for the sale of…”. (In such a case, a change to the opening time would require an application for a major variation.) If your operating plan is silent on the matter, you’d be technically in breach. However, since you’d be providing a very valuable service one would like to think that you shouldn’t expect an enforcement challenge.

A: Your friend doesn’t need to hold a personal licence to sell alcohol but she must have received the mandatory two hours’ staff training. Alcohol sales must be authorised “generally or specifically” by a personal licence holder; but by virtue of a general authorisation he or she need not be on the premises at all times. That said, I’m aware of cases in which the police have drawn a licensing board’s attention to a premises manager’s almost permanent absence citing concerns about the supervision of the business. There’s a clear case for getting this sorted by the appointment of a new premises manager – possibly your friend. Obviously, as matters stand, that’s not going to be a straightforward process and the business owner ought to take legal advice.

A: Yes. Food or drink can be sold for consumption off the premises. Of course, the ability to see alcohol depends on that permission being included in the licence and social distancing measures should be put in place.

A: The problem has been eliminated by the Coronavirus (Scotland) Act 2020 which adds the following standard condition to all premises licences: “If food is sold on the premises but the operating plan contained in the licence does not contain an express term to the effect that food may be taken away, or delivered, from the premises for consumption off the premises, a term to that effect is to be implied in the operating plan”. However, you should bear in mind that the Act’s provisions are temporary: the initial expiry date is September 30, 2020 with the possibility of extensions until September 30, 2021. So, at some point that new condition will disappear. When that happens, if you intend to continue with food takeaways and deliveries you ought to apply for the variation of your licence.

A: Regulations have now been made which give legal backing to the original business closures guidance and these make specific reference to clubs: their bars and eating facilities must close. A question might arise as to whether clubs may continue to hold meetings in other parts of the premises. No one may participate in a “public place” gathering of more than two people, except in circumstances that couldn’t apply here. There might be an argument that a private members’ club isn’t a “public place” but frankly I wouldn’t fancy trying to establish that. In any event, more fundamentally, there’s the overall rule that “no one may leave the place where they are living” unless they have a “reasonable excuse” and that’s hardly likely to be available.

A: The licensing board must be advised in a number of situations, including the cessation of the premises manager’s employment at the premises and where he or she “becomes incapable for any reason of acting as premises manager”. In those cases, certain steps must be taken. Firstly, the board must be notified “not later than seven days after the occurrence of the event”. Secondly, within six weeks after the event takes place, a variation application must be made to substitute a new premises manager. A spell of short-term illness is not regarded as an “event” triggering these procedures, but you should keep the position under review.

A: The short answer is “No”. Scottish Government guidance makes it clear that the use of restaurants, cafés and pubs is limited to food delivery and takeaway. (“Food” includes alcohol.)

A: A number of training providers can set up online e-learning for the teaching part of the course, but the actual exam needs to be invigilated. I understand that at least one awarding body has managed to set up a “qualify at home” solution. I suggest that you speak to a training provider for more information. Your licensing lawyer can point you in the right direction. Please also be aware that I expect the Scottish Government will take early steps to address this problem, possibly by pushing back deadlines or allowing individual licensing boards to do so.

A: Unfortunately not. The maximum off-sales hours - 10am to 10pm - are set in stone and can’t be extended by any means. However, remember that alcohol can be delivered at any time (except during the period between 12 midnight and 6am) provided that payment is made during licensed hours.

A: No. According to Scottish Government guidance, “off-licences and licensed shops selling alcohol” can remain open.

A: I always advise restaurant clients who are applying for a premises licence to include a request for off-sales. In my experience this is unlikely to meet with an opposition from the licensing board, particularly since the alcohol offer is likely to be priced unattractively compared to the usual off-sale outlets. The only way to remedy the situation is by means of a major variation application which requires to be advertised and considered at a board meeting. Plainly, at the moment that option isn’t available, but there is at least a faint glimmer of hope. With so much disruption to licensing board business, the Scottish Government is bound to be giving thought to emergency measures to keep the system running as normally as is possible. In your case, the solution would be an extension of the list of matters that can be dealt with by means of a “minor variation” which the board “must” grant. So, if the addition of off-sales became “minor”, legislation – no doubt temporary – might provide that (a) the application would be sent to Police Scotland for their consideration; and (b) in the absence of an objection or adverse representation, the application could be granted by the board’s clerk subject to any conditions considered appropriate. We shall have to wait and see.

A: The Glasgow licensing board has announced that licences (of all types) due to expire on or before May 31 will be automatically extended by a period of three months, subject to government guidance on Covid-19. As to the position elsewhere, those affected by this problem should check with the licensing staff at their local council offices.