OTS p22 Janet Jun09.qxp 28/05/2009 09:21 Page 22
business building · Janet Hood’s letter of the law
Making a positive change
Changes are coming and that means from September when you
want to make changes to your licence, the process is
somewhat different to the one you know. OTS’ resident legal
eagle Janet Hood, head of BII Scotland, explains.
Many of you will greater footfall to your premises and may cause
be looking at disturbance to the neighbourhood. Some will say that
your premises erecting a smoking shelter will not lead to any
and thinking – inconsistency with the operating plan as you already
gosh wouldn’t it be have a designated smoking area on your layout plan
good to make a few and this merely improves the situation. Others will not.
Contact: Janet Hood,
changes here. Some of And so on.
Kirkton of Balfour
you – that is those of you What is for sure is that you will have to think carefully
Farmhouse,
who have always kept cash in your sock drawer, may be about changes to your activities. If you permit dancing in
Edzell,
considering carrying out an extension to your premises. a small corner of your dining room to enhance the
Brechin,
An extra suite of bedrooms? A conservatory? Or for romantic nature of your offer, or remove the dance floor
Angus DD9 7XU
others less provident, a smoking shelter or altering the to convert to dining or drinking space if your customers
position of your bar? Now, these are the things you are all clodhoppers; if you wish to permit indoor bowling
Tel: 0791 778 0923
might have traditionally thought would involve a in your function room to indulge your regulars; if you’d
email: janet@bii.org
variation of a licence, and you would be quite right. like to open an hour later or earlier than at present to
Under the 1976 Act it would have been likely that the permit another activity to take place; or build a
bedrooms and the conservatory would have required an conservatory; or permit children and young people into
application for a new licence and the smoking shelter an area where they were previously not welcome, you
and the bar alteration would probably have required a will have to apply for a major variation.
consent to reconstruct. You may think that sounds easy, but is it? If you are
Now, it is comforting to imagine that the same basic carrying out any of the above changes you will be
criteria would relate to minor and major variations under required to not only change your operating plan but also
“If you are
the new law. Well if you do think that, you’d be quite your layout plan.
carrying out
wrong. Your variation application will have to be advertised as physical
Let’s consider for a start the way your premises’ if it is a new licence. The neighbours and any other changes to
licences have been developed. You’ve had to submit an person, passer-by or maniac from a temperance league
your outlet you
application form together with an operating plan and a in Minnesota will have the right to object or propose
will be required
layout plan, the latter of which not only shows the modifications to your operating plan – even the parts
to not only
physical dimensions and lay-out of your premises but that aren’t being changed.
change your
also now details where all the activities can take place. Your capacity may vary. If you change to include
operating plan
So no matter what you want to change on your dancing in your bar you may find that your capacity may
but also your
premises; open an hour later, allow dancing as well as go down. That’s good in variation terms. If your capacity
eating in your dining room, permitting coffee to be sold goes up that’s bad – especially if you trade in Edinburgh
layout plan.”
before the time you’ve stated you start selling alcohol, or Glasgow where you may have to consider toilet and
changing the premises manager, carrying out the escape provision before you start this alteration.
bedroom and other physical alterations, changing the If you trade outside the two cities will you be alright?
conditions which control your licence. All these things Well probably not.
will require you to apply for a variation of licence. Let’s say you intend to erect that conservatory at last.
You’ve engaged an architect and a lawyer, you’ve made
Minor or major? your application. It meets all the right criteria – you’ve
Well we know for sure that minor variations will checked. It’s going to be alright...
definitely include changing your premises manager; But it’s not. The licensing board refuse your
restricting access by children or young persons and any application on the grounds of overprovision. The
variation which does not lead to inconsistency with the conservatory has put the premises
operating plan – whatever that may mean. It is actually capacity in the area beyond
The advice offered on this page is
meaningless and each licensing board will be required what is tolerable to the board
published for information only. No
to determine each application on its merits. Some will based on an arbitrary figure
responsibility for loss occasioned
no doubt determine that selling coffee to the general none of us can access or
by persons acting or refraining
public in a premises formally known as an hotel will be understand.
from action as a result of the material
a minor variation, as it is likely that you would have Ah well, that’s life in our healthier,
contained on this page can be accepted by
been serving coffee to residents anyway. Others will wealthier, business orientated new
the author or the publishers.
deem this to be a major variation as it will lead to Scotland. Hooray.
· 22 · ots · june 2009 · www.55north.com
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