MORAY LICENSING BOARD

LICENSING (SCOTLAND) ACT 1976 AS AMENDED

(1)          GUIDELINES RELATIVE TO THE FITNESS OF APPLICANTS TO HOLD A LICENCE

(2)          COMPLAINTS

(3)          GUIDELINES RELATIVE TO APPLICATIONS FOR THE REGULAR EXTENSION OF PERMITTED HOURS

(4)          GUIDELINES RELATIVE TO OCCASIONAL LICENCES, EXTENSIONS & PERMISSIONS

(5)          GUIDELINES RELATIVE TO BRITISH SUMMERTIME – CLOCK CHANGES

(6)          GUIDELINES RELATIVE TO NOISE NUISANCE FROM LICENSED PREMISES

(7)          GUIDELINES RELATIVE TO THE GRANT OF CHILDRENS CERTIFICATES FOR PUBLIC HOUSES AND HOTELS

(8)          GUIDELINES RELATIVE TO THE CONDUCT, SUITABILITY, CONVENIENCE AND USE OF OFF-SALE PREMISES

(9)          GUIDELINES RELATIVE TO THE CONDUCT, SUITABILITY, CONVENIENCE AND USE OF LICENSED PREMISES PROVIDING ENTERTAINMENT 

(7)            GUIDELINES RELATIVE TO THE GRANT OF CHILDRENS CERTIFICATES FOR PUBLIC HOUSES AND HOTEL
Children’s Certificates granted will be subject to the following conditions:-
(a)        No machines for which a permit in terms of Section 34 of the Gaming Act 1968 is required shall be permitted in the area or areas to which a Certificate is applicable at any time.
(b)        No pool table or any such similar game table or dart board shall be permitted in the area or areas to which a certificate is applicable at any time.
(c)        A menu with suitable food for children shall be available at all times.
All Children’s Certificates granted by the Board will be subject to the foregoing conditions and the Board has reserved the right to add further conditions in specific cases.

(8)            GUIDELINES RELATIVE TO THE CONDUCT, SUITABILITY, CONVENIENCE AND USE OF OFF-SALE PREMISES

In terms of Section 17(1)(b) of the Licensing (Scotland) Act 1976 (the Act) the Licensing Board has power to refuse an application for the grant or renewal of a licence on the grounds that the premises to which the application relates are not suitable or convenient for the sale of alcoholic liquor, having regard to their location, their character and condition, the nature and extent of the proposed use of the premises and the persons likely to resort to the premises.

The Board is aware of the increase in the production and sale at licensed outlets of alcoholic products some of which are sweetened and contain fruit flavouring and colour additives.  The Board is concerned about the similarity in appearance of those alcoholic drinks to certain ‘soft’ or non-alcoholic drinks which are displayed and sold alongside alcoholic products in certain off-sale premises.  The Board is concerned that the similarity in the appearance, packaging and labelling of these alcoholic and non-alcoholic products may be confusing to customers and licenceholders and staff alike and that this may lead to the sale of alcoholic products to customers who are under the legal drinking age.  In addition, the Board is concerned about the possible attraction of these products to children and young persons who may attempt to acquire these alcoholic products unlawfully.

The Board after consulting on the matter, has decided that in the case of applications for the grant or renewal of an off-sale licence it will assess the premises to which the application relates inter alia by looking at the suitability of the internal layout for the supervision of alcoholic products, the sale or supply of which require a licence under the Act, and their point of sale along with the security arrangements in place.  Factors which the Board will take into account are as follows:-

(1)        Where such alcoholic products are/will be positioned in the premises and their proximity to ‘soft’ or non-alcoholic drinks and other types of product on display for sale to the public at the premises.  In general terms, the Board will look for separation of alcoholic and other non-alcoholic products.

(2)            Whether such alcoholic products are/will be clearly visible to staff from at least one supervised counter and/or cash point on the premises.

(3)        In larger premises, whether there is/will be adequate supervision of alcoholic products by the licenceholder’s floor staff, the level and frequency of such supervision and whether it is reasonable in all the circumstances having regard to such factors as the nature and extent of the use of the premises and the persons likely to resort to the premises, particularly if such persons include children and young persons under the legal drinking age.

(4)        With regard to the location of all such alcoholic products on the premises, whether there is/will be a supervised counter and/or cash point situated as near as is practically possible between those products and any entrances or exits at the premises.

(5)            Whether in relation to the provision of all such alcoholic products which are not on display at the premises for sale to the public, a secure storage area is/will be provided from which customers are excluded.

(6)            Whether the licensed premises as a whole when not open to customers are/will be properly secured against unlawful entry.

(7)        Where alcoholic products are present in a window display, whether security shutters or other security measures are/will be in place.

(8)            Whether in providing a suitable layout and proper security arrangements, safety and convenience of access at the premises are/will be materially affected.

It is stressed that all such applications will be assessed on their individual merits and that the Board as well as having regard to the foregoing policy will also have regard to the particular circumstances pertaining to any application before reaching its decision.

IMPORTANT NOTE TO LICENCEHOLDERS

Licenceholders are reminded of the terms of Section 97A of the Act which provides that a holder of a licence in respect of (a) any off sale premises or (b) the off-sale part of any other premises, or any employee or agent of his, who causes or permits a person under 18 to sell on these premises alcoholic liquor without the sale having been specifically approved by the licenceholder or by a person of or over 18 acting on his behalf shall be guilty of an offence. 

(9)            GUIDELINES RELATIVE TO THE CONDUCT, SUITABILITY, CONVENIENCE AND USE OF LICENSED PREMISES PROVIDING ENTERTAINMENT

STATUS OF GUIDELINES FOR ENTERTAINMENT LICENSED PREMISES
The Guidelines have been prepared in consultation with the bodies and individuals detailed in the acknowledgements section at the start of the Guidelines and are issued by the Licensing Board with the intention of clarifying some important issues in relation to the conduct, suitability, convenience and use of licensed premises providing entertainment.  They have regard to health, safety and welfare of patrons and staff within such premises.  The Guidelines are issued without prejudice  to the operation of legislation such as the Fire Precautions Act 1971, Building Standards (Scotland) Regulations 1990 and the Health and Safety at Work Etc Act 1974, but wherever possible, the Guidelines have been compiled so that they are likely to be consistent with requirements under such legislation.

The Guidelines are not exhaustive and it is essential that all persons involved in the operation of licensed premises providing entertainment have regard to the full extent of their legal obligations under statute or otherwise (see page 30 of the Guidelines - “Useful Reference Documents”).

APPLICATION AND ENFORCEMENT

With the undernoted exceptions the Guidelines apply to premises licensed in terms of the Licensing (Scotland) Act 1976, as amended, wherein entertainment of any kind is provided.  The Guidelines shall apply to such premises at all times during the currency of any licence issued in terms of the Licensing (Scotland) Act 1976.  The Guidelines shall apply notwithstanding that the use of the premises is at any time the subject of a letting, hire or similar type of agreement.

The Guidelines may be taken into consideration by the Board under inter alia Sections 17(3) and 31(3) of the Licensing (Scotland) Act 1976, as amended, as a reasonable base line against which to consider applications for the grant or renewal of a licence or when considering any complaints, adverse reports, etc received with regard to the management of licensed premises, whether or not as a direct result of any inspection of such premises by members of the Board or authorised officials acting on the Board’s behalf.  If the Guidelines are not being complied with, this may give rise to a decision to refuse to grant or renew a licence or to suspend a licence whichever is appropriate.

The Board however acknowledges that in relation to certain types of licensed premises providing entertainment, by virtue of their character and the type of entertainment provided, parts of the Guidelines may have limited application.  In such cases the Board is content to leave it to the licence holder(s) to determine best practice but in such cases the Board considers that the remainder of the Guidelines are applicable to those types of premises.  The Board will monitor the application and effect of the Guidelines on an ongoing basis and may from time to time extend the application of the Guidelines or amend them as necessary.  However, at present the Board considers that those parts of the Guidelines which deal with the operation of a counting system under the general heading “Overcrowding” and the whole of those sections of the guidelines under the general headings “Required Number of Stewards” and “Door Stewards” shall not apply to the following types of licensed premises providing entertainment namely:-

            Cinemas and Bingo Halls provided the main or principal use of such premises at any time is as a Cinema or Bingo Hall.

The Guidelines contain the Licensing Board’s recommendations as to the minimum standards to be maintained by a manager/ess with regard to the management of any licensed premises providing entertainment.  They contain provisions dealing with, for example, the safety of patrons and the use of stewards.

It should be noted that it is the intention of the Board to closely monitor the operation of such licensed premises.

It should be noted that in the Guidelines the term manager/ess is used to describe the person with responsibility for the overall management of  the premises.  This will generally either be the licence holder or the Section 11 nominee (in terms of the Licensing (Scotland) Act 1976).  However in that person’s absence it may be some other suitably qualified and experienced person who may be appointed to perform this duty.   The Board will hold the licence holder responsible to ensure that whoever has responsibility for the overall management of the premises should be familiar with the terms of these Guidelines.

For personal assistance with regard to the application of the Guidelines relative to particular types of premises and the nature and extent of entertainment provided therein reference should be made to pages 19 and 20 of the Guidelines (“Useful Addresses and Telephone Numbers”).

TRAINING OF STAFF

To enable staff and management to operate effectively in respect of food hygiene and health, safety and welfare, it is considered necessary that both management and staff be trained to a level commensurate with their responsibilities.

Training should be considered as an ongoing commitment and after initial training, refresher training should be arranged in addition to any required by law.

This should include casual and part-time staff as well as full-time personnel.

HEALTH AND SAFETY AT WORK ETC ACT 1974 AND ASSOCIATED REGULATIONS

The licenceholder shall ensure that the necessary health and safety arrangements are in place at the premises.  The arrangements will require to include the carrying out of sufficient risk assessments, clarifying health and safety responsibilities and effectively co-ordinating the activities to ensure compliance with the above mentioned legislation.

An information pack can be obtained from the Environmental Health Section.

DRUGS

The abuse of Controlled Drugs is a problem that concerns not only the Police but also those involved in the licensing trade and more importantly the public in general.

Licensees, already have special responsibilities under the law and this section may help them understand how they can make a valuable contribution to combat drug abuse.

All landlords face the potential problem of their premises being used for the taking or dealing of drugs.  The concern in the licensed trade is appropriate, as the Misuse of Drugs Act 1971, creates an offence which could well be used against licensees if they choose to ignore the problem.  Section 8 of the Act creates the following offence:

“A person being the occupier or concerned in the management of any premises who knowingly permits or suffers other persons to –
1.         Smoke cannabis or prepared opium
2.            Prepare opium for smoking
3.         To supply or attempt to supply controlled drugs on his premises.”

A Licensee convicted of such an offence, will be liable, at Sheriff Summary Court, to a maximum 6 months imprisonment and if tried at High Court, to a maximum of 14 years’ imprisonment.  It is obvious therefore that licensees must eradicate such behaviour on their premises.  The following guidance regarding SEARCHING, SEIZING AND DETENTION may prove helpful.

Search

• REMEMBER Licensees DO NOT have the legal power to require a member of the public to submit to a search for controlled drugs
• LICENSEES ARE entitled to impose a condition of entry to their premises whereby patrons seeking entry may be required to consent to a search
• Licensees may refuse entry to anyone failing to comply with such a condition
• A female must not be searched by male staff
• A male must not be searched by female staff
• Any search should be conducted by AT LEAST TWO members of staff
• Consider privacy during any search
• Take care when handling needles or drugs which can be absorbed through the skin.  Wear gloves.

Seize

Licensees may take possession of anything discovered which is KNOWN OR SUSPECTED to be a Controlled Drug.

AS SOON AS POSSIBLE, any such Controlled Drugs which have been recovered MUST be passed to the Police.

Licensees should note where and when these items were recovered.

Detention

Ask the person found in possession of a suspect Controlled Drug to remain with you while you contact the Police.

If a person makes off, efforts should be made to ascertain their identity.

Licensees have no power to detain.

The Licensees safety and safety of others is of paramount importance at all times.

ALWAYS ensure your actions are LAWFUL and JUSTIFIABLE as failure to do so may render you liable to civil actions.

OVERCROWDING

The consequences of overcrowding can be fatal should an emergency arise.  In order to avoid overcrowding the management and staff must:-

• know the maximum occupant capacity of the premises
• take action to avoid movement of patrons within the premises to such an extent that overcrowding arises in any part of the premises
• operate a positive counting system of patrons entering/leaving the premises and any area of the premises having a separate maximum occupant capacity.
• operate the counting system accurately
• audit the accuracy of the system regularly and take corrective action if defects are found to exist.

GLASSES AND BOTTLES

• Empty glasses and bottles should be cleared on a continuing basis and should not be allowed to accumulate on the floor, shelves, ledges or tables.  If any form of receptacle is provided on the premises for the collection or disposal by patrons of empty bottles, such receptacle shall be of solid construction, shall be emptied regularly by staff and shall be designed such that bottles deposited there cannot be retrieved by patrons.
• No glasses or bottles should be permitted in the cloakrooms, toilets or in the case of “clubs”, discotheques, dance halls, and similar premises including public houses where such facilities are provided, on the dance floor.
• Sufficient shelves, tables etc. should be provided to prevent glasses and bottles being placed on the floor.
• Provision should be made to make sure that glasses and bottles are not removed from the premises.

FOOD SAFETY ACT 1990 AND ASSOCIATED REGULATIONS

Where food is sold or handled, the licenceholder shall require to ensure compliance with the above mentioned legislation.

An information pack on food hygiene matters can be obtained from the Environmental Health Section.

DRINKING FROM BOTTLES

While, for added safety and hygiene reasons, it is preferred that drinks are served in glasses, the Board recognises that on occasion customers may prefer to have their drink served in a bottle.  In order to ensure that hygiene is not compromised it has been suggested by the importer and wholesaler licensed trade that the undernoted would denote good practice:-

• The sterile packaging of products leaving the bottling plant.
• The transfer of the complete contents of a pack from the store to cool shelves.

SERVICING OF SANITARY ACCOMMODATION

Arrangements should be made to ensure that the conditions arising within the sanitary accommodation during periods when the premises are open to the public do not deteriorate to an unacceptable level.

In order to avoid this it is recommended that

• attendants be located in or near the toilets during operational hours within ‘clubs’, discotheques, dance halls and similar premises, including public houses in appropriate cases.
• a check be made at a minimum on an hourly basis to ascertain if servicing is required.
• arrangements be made for cleaning are regular intervals during operational hours.

DRINKING WATER

Supplies of drinking water should be available free of charge for the comfort of patrons. 

STEWARDING

From 1 August 2001 the Moray Licensing Board implemented a Door Steward Registration Scheme.  This will be on a voluntary basis from 1 August, 2001 - 20 June, 2002, becoming mandatory from 21 June, 2002.   The scheme requires licenceholders at all premises with a regular extension of permitted hours to only engage or employ stewards registered with the Licensing Board.

Once registered, stewards are required to wear the appropriate photo I-D badge issued by the Licensing Board.

For information on the Registration Scheme and the required training course contact Moray Licensing Board and Moray College.

GENERAL REQUIREMENTS

The manager/ess requires to ensure that all employees including Stewards are fully knowledgeable about the following:

• Exit and fire escape routes from the premises including the nearest alternative exit route and all directional signs.
• Ensuring that all exit doors are tested prior to opening for business to ensure that they are opening freely and fully and that they can be opened immediately from the inside by anyone in an emergency.
• Ensuring that all passageways, stairways and exits are kept clear.
• The location of fire fighting equipment in the premises and be able to operate this equipment effectively.
• The location of the first aid room if available and any first aid equipment kept elsewhere on the premises.
• The procedures to be implemented to deal quickly and efficiently with any emergency and have a recognised method of signalling to alert staff that an emergency has arisen.
• The need to comply promptly with any instructions given in an emergency or serious incident by a member of the management or police.
• Recognising potential fire hazards and suspect packages and reporting such findings immediately to the manager/ess.
• The procedures used and in particular their duties in the evacuation of the premises.
• The importance of reporting to the management any damage or defect which is likely to pose a threat to the safety of patrons or staff.
• How to monitor patrons for signs of distress or overcrowding in any particular part of the premises and what action to take to alleviate the situation.
• The occupant capacities for the whole premises and/or each function area within the premises.
• What action to take when a function area has reached its capacity.
• The need to prevent patrons from climbing onto chairs, tables or other structures.
• The need to identify and investigate any incidents or occurrences among patrons and where appropriate report findings to the manager/ess or police.
• Management policy in relation to what behaviour is acceptable or otherwise within the premises.
• Patrons who have previously been banned from the premises.
• Licensing legislation and the possible contravention of such legislation by patrons especially in relation to under-age drinking or purchasing alcoholic liquor for under-age persons, drunkenness, drinking up times etc.

REQUIRED NUMBER OF STEWARDS

The guidance detailed below is specifically in relation to Stewards internal to the premises and does not include Door Stewards.

Guidance on Door Stewards is given later in this document.

The number of Stewards required in premises is in direct relationship to the occupant capacity of the premises:-

• Where the occupant capacity of the premises is less than 100 persons there is no specific requirement for stewarding.

     It is recognised that the manager/ess and bar staff will be sufficient to ensure safe practice within the premises.

• Where the occupant capacity is 101 to 250 persons, it is recommended that two Stewards are present on the premises.
• Where the occupant capacity exceeds 250 persons, there shall be appointed a minimum of four Stewards    
• Where the occupant capacity of the premises exceeds 500 persons there shall be appointed a minimum of six Stewards

     One of these six Stewards requires to be trained in fire safety matters and in addition he/she must have no other duties other than to act as the “Fire Steward”.

SUMMARY

One extra Steward to be appointed for each additional 250 persons or part thereof.

FIRE STEWARDS REQUIREMENTS

Responsibilities of Manager/ess

It is the responsibility of the Manager/ess to ensure that proper and adequate arrangements have been made to safeguard the staff and public from death or injury in the event of fire.  If the manager/ess is absent for any reason some other responsible person must be appointed to deputise with regard to the supervision of staff in the event of fire.  In order to properly discharge his/her duties it is essential that the Manager/ess appoints a Fire Steward as follows:-

Duties and Responsibilities

Any Fire Steward, including the Manager/ess should have received formal training in fire safety matters conducted by either:-

Grampian Fire Brigade

Any other Fire Brigade; or

Other agencies approved by the Moray Licensing Board.

The Manager/ess should be prepared to act as a Fire Steward as and when required.  He/she will be responsible for arranging training of staff, briefing of the Fire Steward at the commencement of the evening and the carrying out of general fire safety checks before during and after the entertainment.

Any Fire Steward should be given appropriate training as to his/her precise duties on the premises.

Any Fire Steward should be readily identifiable by means of some conspicuous clothing or marking system which is visible in all lighting conditions (eg. armbands or high visibility jackets/surcoats).

Training of Stewards in relation to Fire and other Safety Matters

It is essential that every member of staff appointed as a Steward is instructed and trained in the following:-

• the action to be taken upon discovering a fire
• the action to be taken upon hearing the fire alarm
• raising the alarm, including the location of the alarm call points and alarm indicator panels
• the correct  method of calling the Fire Brigade
• the location and effective use of fire fighting equipment
• knowledge of escape routes, including any stairway not in regular use, the nearest alternative exit route and all directional signs
• knowledge of the method of operation of any special escape in regular use
• the operation of all escape doors not in regular use, to ensure that they function satisfactorily, and ensuring that all passageways, stairways and exits are kept clear
• appreciation of the importance of fire doors and the need to close all doors at the time of a fire and on hearing the fire alarm
• the procedures used and in particular their duties in the evacuation of the premises to an assembly point at a place of safety (to include reassuring the public and escorting them out of the premises).

Requirements Prior to Opening Hours

Immediately persons are present on the premises the Manager/ess must ensure that the following requirements are met:-

Structural Requirements:

The Manager/ess must ensure:-

• That all doors for which structural reasons cannot be hung to open in the direction of the exit and all collapsible sliding or roller gates, shutters or doors across exit routes are locked in the fully open position with a removable key.  The key or keys must be kept secure from unauthorised persons (eg. in the Manager/ess’ Office).
• That all removable fastenings such as chains, bars, padlocks, etc, are removed from all doors, gates, shutters, etc on exit routes.  These fastenings should be placed on numbered hooks in an approved position not accessible to unauthorised persons (eg. Manager/ess’ Office).  There should be only one such numbered hook for each fastening.

Escape Routes:

The Manager/ess must:-

• Check that escape routes are free from obstructions and can be safely and effectively used.
• Check that fire doors are in good order, not wedged open and that self closers are working properly.  Final exit doors should be fitted with push bar panic bolts or a similar device which will allow the door to open when subjected to pressure.
• On a weekly basis on staircases, check that handrails/guard rails are secure and treads are even and not worn.
• On a weekly basis check that all exit routes are adequately illuminated throughout, and that all the exit signs are maintained in the agreed position.
• On a weekly basis check that all maintained emergency lighting luminaries are lit, and that all non-maintained emergency luminaries operate on mains or local circuit failure.

Fire Alarm:

The Manager/ess must:-

• Test the fire alarm system for the premises once a week in the manner outlined in British Standard 5839: Part 1: 1988 (Fire detection and alarm systems for buildings), i.e. using a different break glass call point for each successive test and recording the result of the test in a Log Book.  In premises where the fire alarm system covers other occupancies, the Manager/ess would require to co-ordinate their weekly test with the other occupiers.
• Ensure that any amplified sound cuts out on actuation of the fire alarms.
• Test the automatic fire detection system, if any is installed.

Fire Fighting Equipment

The Manager/ess must:-

• Check all fire fighting equipment is in its proper place.
• Check that it is maintained by a competent firm of fire engineers at the required intervals.

The results of checks listed above should be recorded by the Manager/ess in a log book which should be kept specifically for this purpose and be available for inspection by an authorised person.

Required Conduct of the Manager/ess During Opening Hours

The manager/ess will:

• ensure that in the event of the fire alarm actuating, the Fire Brigade is called immediately
• ensure that in the event of the fire alarm actuating, immediate evacuation takes place