The Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007

Made: 28th November 2007

Coming into force: 1st February 2008

In accordance with section 146(5) of that Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007 and come into force on 1st February 2008.

• (2) In these Regulations, “the Act” means the Licensing (Scotland) Act 2005.

Amendment of mandatory conditions of premises licences

2

In paragraph 6 of schedule 3 to the Act[^f00002], after sub paragraph (2) insert–

(2A) At any time when a person (other than a person who holds a personal licence) is working in the premises in a capacity mentioned in sub paragraph (2), there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007. (2B) A record kept on the premises under sub paragraph (2A) must be produced to a Licensing Standards Officer on request.

3

After paragraph 12 of schedule 3 to the Act, insert–

(13) (1) Alcohol which is for sale only for consumption off the premises may be displayed only in one or both of the following– (a) a single area of the premises agreed between the Licensing Board and the holder of the licence; or (b) a single area of the premises which is inaccessible to the public. (2) In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is– (a) a non-alcoholic drink; or (b) packaged with, and may be purchased only along with, alcohol.

Form of training record

4

The Schedule sets out the form referred to in sub paragraph (2A) of paragraph 6 of schedule 3 to the Act (as inserted by regulation 2 above).

SCHEDULE — FORM OF TRAINING RECORD

LICENSING (SCOTLAND) ACT 2005 — SCHEDULE 3, PARAGRAPH 6

Signed

KENNY MACASKILL — A member of the Scottish Executive — 28th November 2007

Explanatory note

(This note is not part of the Regulations)

Schedule 3 to the Licensing (Scotland) Act 2005 (“the Act”) lists mandatory conditions which must be imposed by a Licensing Board on the granting of a premises licence. These Regulations amend that schedule in two respects.

Regulation 2 amends paragraph 6 of schedule 3. That paragraph imposes a training requirement on those working in licensed premises selling or serving alcohol. Paragraph 6 is amended so as to require a training record in respect of a relevant staff member to be kept on the premises whilst that person is working there. The form of record is set out in the Schedule to these Regulations.

Regulation 3 inserts a new paragraph 13 into schedule 3 to the Act. This paragraph imposes restrictions on the areas within premises in which alcohol for consumption off the premises may be displayed.

Footnotes

[^f00001]: 2005 asp 16.

[^f00002]: Schedule 3 was amended by S.S.I. 2007/457.