The Licensing (Scotland) Act 2005 provides that a licensing standards officer has the following general functions:
- providing to interested persons information and guidance concerning alcohol licensing
- supervising compliance of licence holders
- provide a mediation service for the purpose of avoiding or resolving disputes between licence holders and any third party in relation to licensing issues
The licensing officer can be contacted to aid in relation to any of the above points. They are not, however, able to provide any legal advice (such as completing application forms on your behalf). They are also the first point of contact if you wish to make a complaint about a licence holder or a licensed premises. A complaint cannot be generic in nature and must relate to licensing issues.
The licensing standards officer also has several statutory powers in relation to licensing:
- Issue a notice of compliance ordering a licence holder to rectify a breach of conditions;
- Make a Premises Licence Review Application the Angus Licensing Board;
When a review application is made by another person or body, the officer must prepare a report which the Board must take into account at the hearing
- Report any Personal Licence holder who has acted in a manner which is inconsistent with any of the licensing objectives to the Angus Licensing Board.
- At any reasonable time, the power to enter any licensed premises to carry out an inspection of the premises, as well as any substances, articles or documents found the officer thinks necessary;
- Power to take copies of any document found on the premises and to seize and remove any substances, articles or documents found on the premises
- Any person working on the premises at that time must give the officer assistance, provide him with information or an explanation and produce any such documents the Officer may reasonably require
It is an offence to fail to comply with the requirements of point six above. It is also an offence to intentionally obstruct the officer in the exercise of any of his statutory powers. If the Licensing Standards Officer seizes any substance, article or document then they must leave a notice on the premises stating what was seized and explaining why it was seized.
The licensing standards officer is also consulted on most applications which are received by the Licensing Board and has a statutory duty to respond to certain types:
- Occasional Licence - may within 21 days of receipt of the notice of the application prepare and submit a report setting out the officer's comments on the application
- Extended Hours - must within 10 days of receipt of the notice of the application prepare and submit a report setting out the officer's comments on the applications
- Personal Licence - may within 21 days of receipt of notice respond by giving the Licensing Board any information the officer considers relevant
When preparing any report on an application, the officer will take into account the Boards current Policy statement and the five licensing objectives.
The licensing standards officer also sits on the Local Licensing Forum.
You can find out more about the licensing standards officer’s role from the Scottish Government Website.
Phone: 01307 492299
Licensing Standards Officer
Orchardbank Business Park