Licensing (Scotland) Act 2005 section 142: guidance for Licensing Boards

7. Licensing Standards Officers

Introduction

7.1 This Chapter covers the general functions of Licensing Standards Officers, their roles and responsibilities and the training they are required to undertake.

7.2 The 2005 Act requires local authorities to appoint at least one Licensing Standards Officer in their area. An individual can be a Licensing Standards Officer for more than one local authority area.

7.3 A Licensing Standards Officer is neither an agent nor an employee of the Licensing Boards, however a Licensing Board should be able to rely on Licensing Standards Officers having a good understanding of the needs and aspirations of the local licensed trade. The Licensing Standards Officer should work with the trade and other stakeholders to build respect for the role by the judicious application of their powers. Licensing Standards Officers require to be able to work with persons from every background. Licensing Standards Officers do not need to be legally qualified and must not provide legal advice when offering guidance, information and assistance to interested parties.

7.4 For example a Licensing Standards Officer may be able to explain what the law actually says in relation to a particular matter but should never offer an opinion or interpretation of how the law should be applied.

7.5 The general functions of Licensing Standards Officers for a local authority area are:

• providing information and guidance concerning the operation of the 2005 Act in the area;
• supervising the compliance of the holders of premises licences or occasional licences in respect of premises in the area with the conditions of their licences and other requirements of the 2005 Act (Includes powers to issue notices to licence holders; and in relation to premises licences to make licence review applications);
• providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives; and
• providing mediation services for the purpose of avoiding or resolving disputes or disagreements between

(i) the holders of premises licences or occasional licences; and

(ii) any other persons, concerning any matter relating to compliance with the 2005 Act as referred to in this paragraph.

7.6 Licensing Standards Officers are accountable for their actions to their local authority (as employers), and are there to serve the interests of every stakeholder interested in the operation of licensing in the Licensing Standards Officer's area. Licensing Standards Officers can be contacted by email. Contact details can be found on the licensing pages of the relevant local authority website.

Information and guidance

7.7 Licensing Standards Officers often tend to be the first point of contact for most matters relating to alcohol licensing. Licensees will make requests about applications and the general working of the legislation and local policies. The public will require information to enable them to make representations, to object or complain within the terms of the legislation. Local Licensing Forums and other interested parties may also require information and guidance from Licensing Standards Officers.

7.8 Licensing Standards Officers must not give legal advice or make applications, objections or representations on behalf of any party. However, Licensing Standards Officers are usually willing to engage with anyone who wishes to object to an application in order to discuss the type of material that can be presented to the Licensing Board.

7.9 At least one Licensing Standards Officer for an area must also be a member of the Local Licensing Forum. Licensing Boards will be aware that Licensing Standards Officers may consider forming links with other groups such as Alcohol & Drug Partnerships and trade/regulatory partnerships.

Compliance

7.10 Licensing Standards Officers will require to ensure that licensees carry out their business in a manner which complies with the conditions of their licences and other requirements of the 2005 Act, such as the five licensing objectives. The legislation contains wide ranging powers to enable Licensing Standards Officers to supervise compliance.

7.11 Where a Licensing Standards Officer believes a premises licence or an occasional licence is not being operated in an appropriate manner, the Licensing Standards Officer should discuss any concerns with the licence holder directly and give them an opportunity to address these concerns, working with them as necessary, to achieve the required improvements.

7.12 Should the required improvements not be made then the 2005 Act provides that the Licensing Standards Officer can issue a written warning to the licence holder setting out the improvements which require to be made. In the case of a premises licence holder, should these improvements still not be made then the Licensing Standards Officer can make a referral to the Licensing Board for a review of the premises licence.

7.13 Licensing Standards Officers have the power to enter licensed premises at any time to carry out an inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary, to determine whether the activities being carried on there are in accordance with the licence and any other requirements of the 2005 Act. They also have the power to take copies of, or of an entry in, any document found on the premises and seize and remove any substances, articles or documents found on the premises. If a document is stored in electronic form and is accessible from the premises, the Licensing Standards Officer has the power to require such a document to be produced in a form which is legible and in which it can be removed from the premises.

7.14 If any substance, article or document is seized, the Licensing Standards Officer must leave a notice on the premises stating what has been seized and why. They do not have the power to force entry to premises. Licensing Standards Officers have the power to require production of certain documentation, as the Officer thinks necessary, relating to the legislation, regulations and policies, for example, training registers, the operating plan etc. However, they do not have the power to require a person to produce any document if the person would be entitled to refuse to produce that document in any court proceedings on the grounds of confidentiality of communications. In addition, Licensing Standards Officers cannot require a person to produce any document if to do so would result in self-incrimination or incrimination of that person's spouse or civil partner.

7.15 A Licensing Standards Officer's role in no way impinges on the role of the police who are the responsible enforcing authority for criminal matters. However, Licensing Standard Officers do work with the police (and other relevant officials such as Environmental Health Officers) in ensuring the licensing objectives are adhered to and solutions are found to problems involving licensed premises.

Information to Licensing Boards: Personal Licences

7.16 The Air Weapons and Licensing (Scotland) Act 2015 amended the 2005 Act with regard to the role of a Licensing Standards Officer in relation to a personal licence application and a current personal licence. Where a Licensing Board receives a personal licence application, the Licensing Board must give notification (including sending a copy of the application) to a Licensing Standards Officer for the Licensing Board's area. Within 21 days of the date of receiving this notification, a Licensing Standards Officer may provide any information to the Licensing Board in relation to the applicant that the Licensing Standards Officer considers may be relevant to the consideration of the application by the Licensing Board.

7.17 As regards existing personal licences, the 2005 Act as amended provides Licensing Standards Officers with a specific power to report conduct of a personal licence holder, who is or was working in licensed premises in their area, which is inconsistent with the licensing objectives, to the relevant Licensing Board. Where a Licensing Board receives such a report it may hold a hearing, but is under no obligation to do so.

Mediation

7.18 Licensing Boards should be aware that Licensing Standards Officers utilise mediation and problem solving skills. They may be required to address issues or complaints such as a neighbour complaining regarding noise problems caused by a licensee, or a representative of the licensee, undertaking the late night deposit of bottles in bottle banks. In this example, a Licensing Standards Officer may be able to persuade the licensee to carry out this task at a more reasonable hour to resolve the issue.

Reporting to Licensing Boards

7.19 In relation to particular cases, Licensing Standards Officers may be required to submit reports, objections or representations on various matters to Licensing Boards. Where appropriate, they may also be required to submit applications for review of premises licences.

7.20 Where a Licensing Standards Officer believes that one or more of the conditions relating to a premises licence or occasional licence has been breached, then the Licensing Standards Officer can take the steps outlined at paragraphs 7.11 and 7.12 above. Licensing Standards Officers also have the power to make an application for review of a premises licence on any other competent ground for review.

7.21 Licensing Boards must notify the appropriate Licensing Standards Officers of their intention to hold a review hearing in respect of a premises licence and provide the Licensing Standards Officer with a copy of the premises licence review proposal or application (unless it was s/he that submitted that particular review application). The Licensing Standards Officer receiving any such notification and information must prepare and submit a report on the proposal or application to the Licensing Board before the review hearing. The Licensing Board must take the report into account at the hearing.

7.22 Licensing Boards should be able to expect that Licensing Standards Officers will endeavour to ensure that sufficient information is placed before the Licensing Board to allow them to make a finding. Sources of information could include documentary evidence or witnesses to the matter requiring enforcement action.

Training

7.23 Licensing Boards should be aware that each Licensing Standards Officer must undertake a course of training accredited by the Scottish Ministers within 18 months of being appointed to their role. It is essential that Licensing Standards Officers also receive ongoing training and are permitted to take part in relevant Continuous Personal Development opportunities (e.g. development of basic mediation skills - see below).

7.24 As with Licensing Board members training (see Chapter 3), Licensing Standards Officers (LSO) training has been reviewed and a revised training specification submitted to and accredited by Scottish Ministers.

7.25 The following topics require to be covered under the accredited LSO training albeit Section 1 introduction will not be assessed:

• Section 1 Introduction
  The reason for and the importance of the Licensing (Scotland) Act 2005
  Background to the LSO role creation and its aims

• Section 2 Legislation
  Overview of the licensing function
  Role and remit of the LSO
  Key role of others
  Licensing and operating conditions
  Protecting children and young persons from harm
  Control of order
  Miscellaneous and General
  Training

• Section 3 Associated Law

• Section 4 Responsible operation of licensed premises
  Environment
  Responsibility to staff and customers
  Community links

• Section 5 People skills and conflict management
  Basic mediation

National Licensing Standards Officers' Group

7.26 Licensing Boards should be aware of the existence of the National Licensing Standards Officers Group which engages with Licensing Standards Officers across the country to share issues and best practice, and liaises with other agencies to encourage partnership working. The Group can be contacted through Paul Fair who is the current Chair of the National Licensing Standards Officers Group. Paul is an LSO with Clackmannanshire Council.