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Scottish Licenses Premises Staff Training. Course content. 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
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Course content • 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 • The sensible drinking limits for males and females recommended by the British Medical Association • Good practice in managing conflict situations
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.
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.
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
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
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 whichgets into the bloodstream and the speedwith 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.
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: 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.
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.
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 towhether 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
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.
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.
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)
Irresponsible drinks promotions Relates specifically to an alcoholic drink likely to appeal to a young person
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
Irresponsible drinks promotions Involves the supply free of charge or at a reduced price 1 or more measures of an alcoholic drink
Irresponsible drinks promotions Involves the supply of an unlimited amount of alcohol for a fixed charge including any charge for entry to the premises
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
Irresponsible drinks promotions Is based on the strength of any alcohol
Irresponsible drinks promotions Rewards or encourages drinking alcohol quickly
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
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
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: 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
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
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
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 )
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
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
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
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
Proof of age and test purchasing Check 21 Proof of age 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 Acceptable forms of age are:- A passport A European Union photocard driving licence A PASS accredited proof of age card
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
Ever been this bad? Open book questions: 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.
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…..
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.
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:
Units of alcohol and strength of drinks • Half a pint of 3.5% beer/lager/cider is one unitBUT 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 unitBUT 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 unitBUT some pubs now serve 35ml as standard. Plus other pubs will serve you a double unless you specify otherwise.
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.
Managing conflict situations Refusal to serve due to drink, drugs or age Ejecting people Arguments Fighting Criminal acts on the premises Domestic arguments. Possible conflict situations can include:-
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
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 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 hour • 2 hours • 3 hours • 4 hours Correct answer is 2 hours
Quick questions – not an exam! 2 – Licensing Objectives Which of the following is a licensing objective? • 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!!
