Alcohol licence ban removed
Five year ban on personal licences removed as Act receives Royal Assent
A five year ban on holding a personal alcohol licence for people who failed to undertake refresher training has been removed from Scottish law.
The Air Weapons and Licensing (Scotland) Act, which sets out new rules for a range of topics including air weapons, scrap metal dealers and alcohol, received Royal Assent this week (Tuesday 4 August).
Previously anybody with a personal licence for selling alcohol, who failed to undertake refresher training or present their certificate to the licensing board by the due date, faced a five year ban on applying for a new licence.
The introduction of the Air Weapons and Licensing (Scotland) Act removes this provision.
Minister for Community Safety & Legal Affairs, Paul Wheelhouse, said:
“From this week, anybody who had their personal licence revoked for failing to present a refresher training certificate can now apply for a new licence, as long as they meet with the other requirements.
“We have listened to the concerns raised that a five-year ban was excessive and responded by removing that ban.
“Refresher training is important, and remains compulsory. Those personal licence holders who fail to comply with the requirement to undertake the training will face the costs of reapplying for a licence, but we believe we have struck an appropriate balance by removing the five-year ban term.”
The new legislation will also create new offences of giving, or making available, alcohol to a child or young person for consumption in a public place.
Other provisions contained within the Act will come into force in due course. The air weapons provisions are expected to come into force in 2016. A public information campaign before the provisions take effect will provide details on what people affected by the Act need to do, and what the deadlines are for meeting those requirements.
Personal alcohol licences
When selling alcohol on licensed premises, the sale must be authorised generally or specifically by a personal licence holder. The designated premises manager must possess a personal licence.
Under the terms of the Licensing (Scotland) Act 2005, the licence lasts for 10 years, but after five years refresher training must be undertaken and a certificate presented to the Licensing Board. Those who held a personal licence when the 2005 Act came into effect on 1 September 2009, were required to achieve their refresher qualification by 1 September 2014 and submit evidence to the relevant Licensing Board within three months of that date.
Those who failed to complete training or submit the relevant certificate by the deadline faced a five year ban on applying for a new licence.
Anyone who had their licence revoked is now eligible to apply to their local licensing board for a new personal licence, provided they meet the other requirements.
Personal licence holders are still required to undertake refresher training after five years, and face losing their licence if they fail to do so. If this happens they will no longer have to wait five years to apply for a new licence, but there will be costs involved in applying for a new one.