Licensing Board concern at poor compliance on refresher training
13th August 2014
Members of The Highland Council's Licensing Board were today (12 August 2104) informed that a very large number of Personal Licence holders have still to notify the Board that they have undertaken refresher training which is required if they are to retain their Licence.
As at 12 August, of 1,559 Personal Licences needing to be refreshed only 688 (44%) had notified the Board that they had completed their refresher training. More than half (56%) Personal Licence holders have not notified the Board that they have refreshed their training.
If personal licence holders do not refresh their Personal Licence holder training within the specified period, the Board must revoke the personal licence.
Licensing Board Convener, Councillor Maxine Smith, said: "I am really worried about licensed premises who's Premises Manager has not refreshed their Personal Licence training as failure to do so could result in the bar, club, restaurant, hotel or any licensed premises being unable to sell alcohol.
"It is vital that Personal Licence holders undertake the refresher training and do so on time as any withdrawal of the Personal Licence will be immediate and irrevocable. Personal Licence holders who have moved address without advising the Board are of great concern as they will not receive a reminder. Anyone who is in any doubt should contact their local Licensing Office."
The consequences of not refreshing training could include being no longer permitted to sell alcohol on premises, unless appropriate steps are taken to name an alternative Personal Licence holder as the designated premises manager. In addition, Personal Licence holders, who have their licences revoked, will no longer be allowed to authorise sales of alcohol or conduct the mandatory staff training.
Personal Licences are issued for a period of 10 years. However, in terms of Section 87 of the Licensing (Scotland) Act 2005, there is a legal requirement for Personal Licence holders to undertake refresher training within five years of the date of issue of their Personal Licence.
They then need to produce evidence of this training to the Highland Licensing Board, not later than three months after the expiry of the period of five years from when the Personal Licence was issued.
This means that anyone receiving a Personal Licence which was issued with effect from 1 September 2009, requires refresher training to be completed by 31 August 2014 with notification to the Board by 30 November 2014. Further advice can be found at www.scplh.info
Personal Licences with an issue date prior to 1 September, 2009 are classed as having been issued on 1 September 2009 as that is when the Licensing (Scotland) Act 2005 came into "effect".
Reminders have been sent and information has been available for some time on the Board's website -
http://www.highland.gov.uk/info/1125/licences_permits_and_permissions/339/liquor_licence