Licensed Hours - revolution

Scottish Licenses Premises Staff Training
1
Course content
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
The legal basis of the requirement for the training of staff
The licensing objectives.
The definition of "alcohol“
Unlicensed sales
The functions of Licensing Standards Officers, including their powers of entry
The nature of an operating plan and its place in the licensing system
The different types of premises licence conditions
Special provision for clubs
Licensed hours
Offences under the Act, particularly those involving persons under the age of 18
Proof of age
Test purchasing of alcohol
Best practice as regards standards of service and refusing service
Units of alcohol and the relationship between units and the strength of different alcoholic
drinks
15. The sensible drinking limits for males and females recommended by the British Medical
Association
16. Good practice in managing conflict situations
2
Ridiculous laws
• Aberdeen: Any man owning more than 12 sheep must prove that
he is not a 'pimp' (brothel owner)
• Any Scotsman found to be wearing underwear beneath his kilt
can be fined two cans of beer
• It is illegal to be a drunk in possession of a cow
• It is illegal to consume a mince pie on Christmas Day
• In Hereford, you may not shoot a Welsh person on Sunday with a
longbow
• In Liverpool, it is illegal for a woman to be topless in public unless
they are a clerk in a tropical fish store
• However, it is not illegal for a man to urinate in public, so long as
it is on the rear wheel of his motor vehicle, and his right hand is
on the vehicle.
3
Training of staff requirements in Scotland
• Under the Licensing (Scotland) Act 2005, no person (other
than a personal licence holder) is to sell or serve alcohol on
licensed premises unless that person has complied with the
training requirements prescribed by regulations
• The Act requires that any person working in such a capacity
must have received at least 2 hours' training from a personal
licence holder or a qualified trainer
• The training must cover the 16 subjects specified in the
Licensing (Scotland) Act 2005.
4
Licensing objectives
• The fundamental principles of the Scottish licensing system
Or
• The framework of Licensing Law
They are:• Preventing Crime and Disorder
• Protecting Children from harm
• Securing Public Safety
• Preventing Public Nuisance
• Protecting and improving Public Health
5
The definition of alcohol
In the LSA2005 ‘alcohol’ means: spirits, wine, beer, cider or any other
fermented, distilled or spirituous liquor which is of a strength above 0.5%
alcohol by volume at the time of its sale
Strength of alcoholic drinks
•
•
•
•
•
•
ABV – quantity of pure alcohol in a drink
Most spirits around 40% ABV, wines around 8-16%, beer around 3-9%
Low alcohol – no more than 1.2%
Alcohol free – no more than 0.05%
Should be able to advise customers on strength of drinks available
Does not include perfumes, essences (like Angostura Bitters), medicines,
liqueur confectionery or methylated spirit
• Time taken to remove 1 unit of alcohol --- 1 hour
• The drink driving limit is 80mg of alcohol in 100 ml of blood
6
Nature of alcohol and how it affects the body
Alcohol in the body
• It is classed as a drug because it affects the physical, mental, and
emotional state of the drinker
• Drinking faster than the body can process leads to getting drunk
• When drinking the amount of alcohol which
gets into the bloodstream and the speed
with which it affects a person depends on:
– Quantity of drink
– Size of a person
– Sex of a person
– Whether food eaten
• Most damage to a persons health is caused by drinking more than
moderate amounts over an extended period of time.
7
Unlicensed sales of alcohol
Alcohol is not to be sold on any premises except under and in accordance with either
• A Premises Licence
or
• An Occasional Licence,
But this does not apply to
• On exempt premises such as an aircraft, a hovercraft, a train, cruise ship, army premises or a
wharf or port
A person who sells alcohol, or knowingly allows alcohol to be sold from premises which are
not properly licensed, commits an offence.
•
And is liable on conviction to
•
•
A fine of up to £20,000,
or
Imprisonment for up to 6 months
•
Or both !!
Open book questions:8 Page 5
Licensing standards officers
Each council must appoint one or more Licensing Standards
Officers for their area
Their general duties are to:-
• Provide information and guidance on the Licensing Act in
their area
• Supervise premises licence holders and occasional licence
holders to make sure they are operating correctly
• Trying to avoid disputes or disagreements between licence
holders and any other people like the police or local
residents.
9
Licensing standards officers
Powers of Entry and Inspection
• The LSO has the power to enter licensed premises in his area,
and if necessary carry out inspection of the premises and any
substances, articles or documents found there
• Any person working on the premises must provide the LSO with
the assistance, information and the documents they require
• Any person who obstructs an LSO in the course of his/her duty
commits a criminal offence.
10
Premises licence/Operating plan
11
Operating plan
To get a Premises Licence an operating plan must be submitted
it is important you are all aware of the details in the operating
plan for the premises in which you work
What should an operating plan include?
• A description of the activities to take place on the premises for example alcohol,
music, dancing etc
• The times when it is proposed that alcohol be sold
• A statement as to whether the alcohol is for consumption on, off the premises
or both
• A statement of the times other activities are to take place (for example a pub
could open at 9am for breakfasts but alcohol sales could start at 11am)
• (For consumption on the premises) A statement as to whether children are to
be allowed entry, the ages, the times and the areas in which they are allowed
entry
• Information on the proposed capacity of the venue
• Information about the individual who is to be the premises manager
12
National mandatory premises licence conditions
• These conditions are on all premises licences and all
occasional licences
• There must be strict care taken to ensure that premises
operate in accordance with their operating plan
• All staff should be aware of the operating plan and all of the
conditions mentioned in it, whether mandatory or specific to
your premises.
13
National premises licence conditions
• Premises Manager – no sale of alcohol can take place unless there
is a named premises manager on the licence who has a current
and valid Scottish Personal Licence
NB Remember the Premises Manager does not have to always be
on the premises when alcohol is sold
• Authorisation – Every sale of alcohol must be authorised (either
generally or specifically) by the Premises Manager or another
Scottish Personal Licence Holder
• Training - All staff involved in selling alcohol must have met the
training requirements (16 Subjects for 2 Hours)
• Pricing – If you change the price of any drink, you must change it
at the start of your licensed hours and this price change must
continue for a minimum of 72 Hours.
14
National premises licence conditions
Promotions which are considered irresponsible are banned. These include:•
•
•
•
•
Drinks likely to appeal to people under 18 e.g. Vodka Jellies
2 for 1 or buy one get one free (BOGOF)
Free or reduced price measures e.g. doubles for singles
Entry and drinks for a set price e.g. £15 all you can drink nights
Any promotion which encourages anyone to buy or consume a larger measure
than intended
e.g. Two glasses of wine and get the rest of the bottle free
• Promotions based on the strength of alcohol e.g. All malt whiskies £2
• Promotions which encourage drinking alcohol quickly e.g. Depth Charges or
Tequila Slammers
• Offering alcohol as a reward or prize (unless in a sealed container for drinking
off the premises)
15
Irresponsible drinks promotions
Relates specifically to an alcoholic drink likely to appeal
to a young person
16
Irresponsible drinks promotions
Involves the supply of an alcoholic drink free of charge or at a reduced
price on the purchase of 1 or more drinks
17
Irresponsible drinks promotions
Involves the supply free of charge or at a reduced price 1 or more
measures of an alcoholic drink
18
Irresponsible drinks promotions
Involves the supply of an unlimited amount of alcohol for a fixed charge
including any charge for entry to the premises
19
Irresponsible drinks promotions
Encourages or rewards a person to buy or consume a larger measure
than the person had otherwise intended to buy or consume
20
Irresponsible drinks promotions
Is based on the strength of any alcohol
21
Irresponsible drinks promotions
Rewards or encourages drinking alcohol quickly
22
Irresponsible drinks promotions
Offers alcohol as a reward or prize, unless the alcohol is in
a sealed container and is for consumption off the premises
23
National premises licence conditions
Non Alcoholic Drinks
• You must provide free tap water and other non alcoholic drinks
at a reasonable price
Licence Fees
• These must be paid by law on the correct dates
Members Clubs
• All of the national conditions apply apart from the premises
manager and authorisation
24
World’s worst drink promotion?
Organisers of a vodka-drinking contest in Russia are facing
manslaughter charges after the unlucky winner died of alcohol
poisoning within minutes.
•
•
•
Five other contestants ended up in intensive care after drinking
heavily in the competition at a bar in the southern town of
Volgodonsk.
Prosecutors said the unnamed winner, who had drunk a 1½ litres of
vodka, died 20 minutes later.
If he had survived he would have won a further 10 bottles of vodka.
Open book questions:
25 Page 9
Licensed hours
• On sales hours means licensed hours applying to the sale of
alcohol for consumption on the premises
• Off sales hours means licensed hours applying to the sale of
alcohol for consumption off the premises. These hours must
be taken between the hours of 10.00am and 10.00pm
• 24 hour licences must be refused, unless the Board are
satisfied that there are exceptional circumstances which
justify allowing the sale
• British Summer Time ( BST ) is disregarded for the purposes
of licensed hours
26
Sale, consumption, taking away of alcohol outside licensed hours
It is an offence for a person, outside of licensed hours to:
•
•
Sell or allow alcohol to be sold, on licensed premises
Allow alcohol to be consumed on, or taken from licensed premises
It is not an offence to:
Allow alcohol to be consumed within 15 minutes of the end of any period of
licensed hours
• Allow alcohol to be taken from licensed premises at any time within 15 minutes of
the end of licensed hours for off sales (10.00pm, if sold during that period and is
taken in a sealed container )
• Allow alcohol to be consumed on or taken from licensed premises outside licensed
hours, if the person resides on the premises or is a guest of the person who resides
there
• Sell or allow alcohol to be sold outside of licensed hours, if sold to a person who
lives on the premises
• Allow alcohol to be consumed with a meal at any time within 30 minutes of the
end of licensed hours, if sold during that period (at the same time as the meal for
consumption with the meal )
• Sell or allow alcohol to be sold outside of licensed hours, if sold to a person who is
a trader or for supply to or on any premises occupied by the armed forces
•
27
Extended hours
General extensions
• If, in connection with a special event of local or national
significance, the Board may allow extended hours
• This could apply to the whole of the Boards area or only
specified parts
• Licensed hours generally or only specified hours
• All licensed premises or only specific premises or areas
• Licensed premises do not have to open during these
extensions
• Off sales will not be able to apply under this extension
28
Children and young people
• A child is someone who is under 16 years of age
• A young person is someone who is 16 or 17 years of age
• It is an offence to sell alcohol to a child or young person
• It is a defence if you can show that you believed the child or young
person to be over 18 and:
Had taken reasonable steps to establish their age
or
No reasonable person could have suspected from their appearance
that they were under 18
• All reasonable steps means being shown any document which
would have convinced a reasonable person
• It is an offence to sell liqueur confectionery to a child (under 16 )
29
Children and young people
Purchase of alcohol by or for a child or young person
• A child or young person who attempts to buy alcohol commits an
offence
• It is an offence to buy or attempt to buy alcohol on behalf of a child or
young person, or for consumption on licensed premises by a child or young
person
There are two exceptions
• It is not an offence if they have been authorised by the chief constable for the
purpose of test purchasing
• It is not an offence to buy beer, wine, cider or perry for consumption by a
young person (16 or 17) along with a meal supplied on relevant premises.
– This only applies while a meal is being consumed.
– An adult must purchase the drink
– Bar snacks do not count as a meal
30
Children and young people
Consumption of alcohol by a child or young person
• A child or young person who knowingly consumes alcohol on
licensed premises commits an offence
• Any responsible person who knowingly allows this to happen also
commits an offence
• Remember – this does not apply to the table meal exception
Unsupervised sale of alcohol by a child or young person
• This does not apply to any sale for consumption off the premises, or any
supply or service for consumption on the premises along with a table meal
• Any responsible person who knowingly allows alcohol to be sold, supplied
or served by a child or young person commits an offence
• The sale, supply or service must be specifically authorised by the premises
manager or any person over 18 authorised by the premises manager
31
Children and young people
Delivery of alcohol – off sales premises only
• It is an offence to allow anyone under 18 to deliver or receive alcohol
• Does not apply where the child or young person works on the premises in
a capacity which involves this delivery e.g receiving deliveries in a
supermarket
• It is an offence to send a child to obtain alcohol
Sending a child or young person to obtain alcohol
• It is an offence for any person to knowingly send anyone under 18 to
obtain alcohol
• Does not apply where the child or young person works on the premises in
a capacity which involves this delivery e.g a 17 year old transferring
alcohol between two supermarkets in a van
32
Drunkenness and disorderly conduct
Drunk persons entering or in premises on which alcohol is sold
• A person who, while drunk, attempts to enter a licensed premises commits an
offence – unless on premises where they reside
• A person commits an offence if they are on licensed premises while drunk and
incapable of taking care of themselves
• A constable may arrest without warrant, any person committing an offence of
this nature
Obtaining of alcohol by or for a drunk person
• A person who obtains or attempts to obtain, alcohol for consumption on the
premises by a person who is drunk commits an offence
• A person who helps a person who is drunk to obtain or consume alcohol on the
premises commits an offence
Sale of alcohol to a drunk person
• Any responsible person who, on any relevant premises, sells alcohol to a person
who is drunk commits an offence
33
Proof of age and test purchasing
Check 21
Proof of age
Acceptable forms of age are:-
• A passport
• A European Union photocard driving licence
• A PASS accredited proof of age card
Test Purchasing
• The need and extent of test purchasing is a matter for the police
• Test purchasing is designed to ensure that licensed premises are adhering to all age
related laws
Other advice
• Have a policy to deal with age related sales and make sure all of your staff know it
• Where there is doubt about age, ask for ID
• When checking ID, check photographs against their face and ask for date of birth
• If you suspect the proof of age does not belong to the bearer, refuse service
• If in doubt, refuse service
34
Underage sales notice
Duty to display notice
• This notice must be displayed where it is readily visible to any person seeking to buy
alcohol at each place the sale is made. Failure to display this notice is an offence and is
committed by the premises licence holder and the premises manager, or the person
having the management and control of the premises
LICENSING (SCOTLAND ACT ) 2005
It is an offence for a person under the age of 18 to buy or
attempt to buy alcohol on these premises
It is also an offence for any other person to buy alcohol on these
premises for a person under the age of 18
Where there is any doubt as to whether a person attempting to
buy alcohol on these premises is aged 18 or over, alcohol will not
be sold to the person except on the production of evidence
showing the person to be 18 or over
35
Ever been this bad?
36
Ever been this bad?
37
Ever been this bad?
38
Ever been this bad?
Open book questions: 39
Page 17
Best practice regarding standards of service and refusing service
• Having high standards of service can help reduce conflict and increase both
the income and reputation of your business
• Suggestions you should follow include:
– Politeness - Always greet customers and treat them how you would like to be
treated.
– Knowledge - Know what you provide and be able to answer questions e.g who,
what, when, where and why
– Listen - Take the time to identify your customers needs by asking questions. Listen
to their words, tone of voice and body language.
– Know how to apologise - When something goes wrong, apologise.
– Get feedback - Encourage and welcome suggestions about how you could
improve.
40
Refusing service
• You have the right to refuse serving your customers and in
some instances it is your legal responsibility, e.g if someone
drunk is demanding to buy alcohol
• You may have a group of under-age customers or someone
under the influence of drink attempting to buy alcohol, for
example. This type of situation must be handled with great
care to avoid any violence
• Tact and professionalism are called for, otherwise a potentially
harmless situation could turn into a violent one very quickly
• The following techniques will help you if you have to refuse
service to anyone….
.
41
Refusing service
•
Be polite and tactful. Remember that refusing to serve can embarrass the
customer and provoke an aggressive reaction.
Don't be aggressive or confrontational. Don't use threatening body language
•
Try not to talk down to young people or make them feel silly in front of their
friends. It is advisable to move the person away from the group to prevent him
or her putting on a display of aggression to impress the "audience“
•
Depersonalise the situation. Explain that it is not a personal refusal and stress
your own legal obligations. When asking proof of age, explain that it is a legal
policy and requests are made whenever age is unclear
•
In the case of an under-age customer, politely say: "If you are 18, I apologise,
but in my opinion you do not look old enough and I regret I cannot serve you."
Don't let yourself be drawn into a discussion about your decision
•
If the customer becomes aggressive, seek the support of colleagues. Do not
put yourself at risk.
42
Units of alcohol and strength of drinks
What is a Unit?
• We measure the alcohol content of a drink in units. For instance, a pint of
typical-strength lager contains just over two units, while a glass of wine can
contain anything from around 1.5 to over three, depending on the size and
strength
One unit is 10ml or eight grams of pure alcohol
• You can calculate the units in a drink by multiplying the amount in millilitres
(ml) by the strength (ABV) and dividing the result by 1000. There's a unit for
every percentage point of ABV in a litre: e.g. a litre of a typical whisky (37.5
ABV) will contain 37.5 units
• So, the number of units in a drink depends on what you're drinking - how
strong it is and how much there is. You may have seen examples of drinks
that contain one unit, but these examples are often out of date, for instance:
43
Units of alcohol and strength of drinks
• Half a pint of 3.5% beer/lager/cider is one unit
BUT many continental lagers are closer to 5% while extra strong
lagers can be as strong as 9%!
• One small (125 ml) glass of wine at 9% is one unit
BUT who uses small glasses? Certainly not pubs and probably not
at home either. Plus most wines are now about 12% which is 1.5
units
• A 25ml pub measure of spirit at 40% is one unit
BUT some pubs now serve 35ml as standard. Plus other pubs will
serve you a double unless you specify otherwise.
44
Sensible drinking limits
• Men: should drink no more than 21 units of alcohol per week
(and no more than four units in any one day).
• Women: should drink no more than 14 units of alcohol per week
(and no more than three units in any one day)
• Pregnant women: It is known that alcohol can damage a
developing baby. However, the exact amount that is safe is not
known. Therefore, to play safe, advice from the Department of
Health is that pregnant women and women trying to become
pregnant should not drink at all.
45
Managing conflict situations
Possible conflict situations can include:•
•
•
•
•
•
Refusal to serve due to drink, drugs or age
Ejecting people
Arguments
Fighting
Criminal acts on the premises
Domestic arguments.
46
Signs of conflict
Signs of conflict include
•
•
•
•
•
•
•
Raised voices
Swearing
Individuals playing to an audience
Large groups gathering and moving around
Customers looking annoyed
Everyone looking in one direction
Sound of breaking glass
47
Dealing with conflict
How is best to deal with conflict?
• Try and identify the signs of potential conflict and intervene
before the situation escalates
• If possible, try and separate individuals when dealing with
conflict within groups of people
• Be calm and polite whenever possible
• Know your policies and explain them calmly
• BUT - never put yourself at risk in a situation
• Seek assistance from a colleague, a SIA Door Supervisor, or
the Premises Manager
• If necessary call the police
Open book questions: Page
48 22
Quick questions – not an exam!
1 - Training of staff
What is the minimum time required for all staff involved in
the sale of alcohol to be trained?
1.
2.
3.
4.
1 hour
2 hours
3 hours
4 hours
Correct answer is 2 hours
49
Quick questions – not an exam!
2 – Licensing Objectives
Which of the following is a licensing objective?
1.
2.
3.
4.
5.
Preventing Crime and Disorder
Protecting Children from harm
Securing Public Safety
Preventing Public Nuisance
Protecting and improving Public Health
Correct answer is all of them!!
50
Quick questions – not an exam!
3 – Definition of alcohol
At what strength is a drink legally classed as being alcohol?
1.
2.
3.
4.
0.05% abv ( alcohol by volume )
12% abv ( alcohol by volume )
1% abv ( alcohol by volume )
Above 0.5% abv ( alcohol by volume )
Correct answer is 0.5% abv
51
Quick questions – not an exam!
4 – Unlicensed Sales
What is the maximum penalty for an unauthorised sale of
alcohol e.g. the sale outside the permitted hours?
1.
2.
3.
4.
£1,000
£10,000
£20,000 , 6 months imprisonment, or both
£80
Correct answer is £20,000, 6 months imprisonment, or both
52
Quick questions – not an exam!
5 – Licensing Standards Officer
What is one of the roles of a Licensing Standards Officer?
1.
2.
3.
4.
To close premises down
To arrest drunks
Provide information and guidance on the Licensing Act in
their area
To check children for fake ID cards
Correct answer is to provide information and guidance on the
Licensing Act in their area
53
Quick questions – not an exam!
6 – Operating Plan
Which of the following must be included in an operating
plan?
1.
2.
3.
4.
Home address of all Door Supervisors on duty
How many fire extinguishers there are
The times when it is proposed that alcohol be sold
The owners name
Correct answer is the times when it is proposed that
alcohol be sold
54
Quick questions – not an exam!
7 – Premises Licence Conditions
Which of the following is a compulsory condition on all
licensed premises?
1.
2.
3.
4.
All staff must hold a Scottish Personal Licence
All staff must be 18 or over
If open after 8pm then 2 door supervisors must be on duty
Any changes to drinks prices must run for at least 72 hours
Correct answer is any changes to drinks prices must run for at
least 72 hours
55
Quick questions – not an exam!
8 – Members Clubs
What is not required in a members club?
1.
2.
3.
4.
A licence
An operating plan
Non alcoholic drinks available
A Premises Manager
Correct answer is a Premises Manager
56
Quick questions – not an exam!
9 – Licensed Hours
When can a 24 hour licence for alcohol sales be allowed?
1.
2.
3.
4.
Never ( unless exceptional circumstances apply )
If the police want it
As long as local residents want it
If you pay more money for the licence
Correct answer is never (unless exceptional circumstances
apply)
57
Quick questions – not an exam!
10 – Offences
It is an offence to sell alcohol to a person ?
1.
2.
3.
4.
A person aged 18 years old
A person aged 19 years old
Anyone under 18 years old
A person aged 21 years
Correct answer is anyone under 18 years old
58
Quick questions – not an exam!
11 – Proof of age
What is the most reliable proof of age document ?
1.
2.
3.
4.
A letter from parents
A birth certificate
A student union card
A Pass Logo ID card
Correct answer is a Pass Logo ID card
59
Quick questions – not an exam!
12- Test purchasing
Who can authorise the test purchasing of alcohol?
1.
2.
3.
4.
The local council
The Chief Constable
The Scottish Government
The Premises Manager
Correct answer is the Chief Constable
60
Quick questions – not an exam!
13 – Standards of service
Which is the best definition of good service standards?
1.
2.
3.
4.
Only give the customer the minimum of service
The customer is always wrong
Always greet customers and treat them how you would like
to be treated yourself
If they complain, ask them to get out
Correct answer is always greet customers and treat them
how you would like to be treated yourself
61
Quick questions – not an exam!
14 – Units of alcohol
What is the precise measurement of a single unit of
alcohol?
1.
2.
3.
4.
1 Pint of Lager
25 ml of whisky at 40% abv
8 grams of 10 ml of pure alcohol
1 litre of Guinness
Correct answer is 8 grams of 10 ml of pure alcohol
62
Quick questions – not an exam!
15 – Sensible drinking limits
What is the recommended safe weekly drinking levels of
alcohol?
1.
2.
3.
4.
30 units for women and 50 units for men
10 units a week for both men and women
10 pints a week for men and 4 pints for women
14 units a week for women and 21 units a week for men
Correct answer is 14 units a week for women and 21 units a
week for men
63
Quick questions – not an exam!
16 – Managing Conflict
What is the best way to handle a conflict situation between
customers?
1.
2.
3.
4.
Be calm and polite whenever possible
Look for the nearest weapon
Take the side of the biggest person
Ignore it and let them fight it out
Correct answer is be calm and polite whenever possible
64
65
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