Scottish Government
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Alcohol licensing

Pubs and shops will not have to stop selling alcohol just because the manager has not received their personal licence.

The plans are designed to give some leeway for managers who have not yet received their licence.

This means that those who have gained the licensing qualification and applied for a personal licence by the end of August will be able to continue trading after September 1.

Justice Secretary Kenny MacAskill said:

"The 2005 Licensing Act puts in place a number of changes - it bans irresponsible promotions in pubs and clubs, introduces separate display areas for alcohol in shops and off-licences and places a requirement on pubs and clubs to provide free tap water.

"These measures will become law on September 1 when the Act comes fully into force, as planned. However, there is evidence from the trade that the issue of personal licences was becoming a concern and could cause problems for licensed premises.

"That's why I've taken the decision to lay further regulations to give some leeway and allow managers who've applied by the end of August to continue selling alcohol if they've not received their license by the 1st of September.

"This is a common sense approach to introduce a little flexibility and prevent a problem arising. I appreciate that the vast majority of the trade and licensing boards have responded very well to the challenges of implementing the Act and I believe the changeover to the new Act will be a success.

"The onus remains on the licensed trade to get their applications into the system and for Boards to process these as efficiently as possible."

Justice Secretary Kenny MacAskill has laid regulations in the Scottish Parliament to allow premises managers who have gained the relevant qualification and applied for a personal licence by August to continue selling alcohol if their licence has been granted and issued by September 1, 2009.

The Licensing (Scotland) Act 2005 requires outlets that sell alcohol to have a premise license. They must also have a designated premise manager, who is required to have a personal licence.

For a licensed premises to take advantage of these provisions, the premises licence holder must have nominated who would be the designated premises manager on or before August 31, 2009 and for the nominated designated premises manager to have submitted an application for a personal licence together with evidence of a relevant licensing qualification to a Licensing Board on or before August 31, 2009.

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