Licence reviews and Coronavirus
Since the first lockdown in March 2020, there have been a number of high profile cases of action against premises licence holders featured in the press. The link, if any, between breaches of coronavirus legislation and/or non-adherence to advisory guidance, and the licensing objectives under the Licensing (Scotland) Act 2005, has been a source of some debate – and the approaches taken by different licensing boards in review hearings has been varied. Stephen McGowan has appeared in multiple review hearings at different boards across Scotland in relation to “coronavirus” cases, and in this session will explore and deconstruct the interplay between licensing law and “corona law”.
Stephen McGowan, TLT LLP
Covid-proofing your licence
In the last year, many operators will have found themselves firefighting when it comes to the sale of alcohol - being reactive to changing and often uncertain legislation. Flexibility has been shown by many Licensing Boards who, but for the pandemic, might have taken a stricter approach to what a premises licence allows. Frances will discuss how the process has brought to light many weaknesses in premises licences which will need to be addressed if operators (both existing and new) are to maximise their chances of success, both during and post Covid.
Frances Ennis, Bellwether Green
All the fun of the fair…
Travelling funfairs with their bright lights and rides are a long-standing tradition of many Scottish cities, towns, and villages. Most if not all local authorities in Scotland licence these funfairs by way of the Civic Government (Scotland) Act 1982. The Scottish parliament is currently considering a private member’s bill that proposes to exempt travelling funfairs from the 1982 Act and create a bespoke licensing framework for this type of activity. Raymond Lynch, Section Head - Licensing, West Dunbartonshire Council, and Michael McDougall, Associate, TLT, discuss the licensing of funfairs from their respective viewpoints with Raymond addressing the regulatory challenges local authorities must contend with when licensing funfairs and Michael speaking to the difficulties applicants face dealing with the intricacies of the 1982 Act when applying for licences across Scotland.
Michael McDougall, TLT LLP & Raymond Lynch, West Dunbartonshire Council
Running a virtual Board Meeting
What were the effects of lockdown on running licensing board meetings? Understanding the effects of the coronavirus legislation and how did the first virtual meetings turn out? Adapting to the new reality and what does the future hold for virtual meetings?
Colin Elliott, Perth & Kinross Council
Developments in licensing caselaw
In his presentation Scott will reflect on developments in licensing caselaw in the last year in the UK, taking into account the impact of the pandemic, Scott will discuss cases including Rentincome Ltd v Aberdeen City Licensing Board on challenge to revocation of a premises licence and interim recall of that revocation and you will also learn about Mikkelson v Glasgow City Council, the first challenge brought under the private hire overprovision provisions. Casting his net more widely Scott will discuss the various judicial review challenges brought by the licensed trade to lockdown restrictions, including Eusebi v Glasgow City Council where you will gain an insight into when the Court might interdict a Covid based restriction as well as KLR and RCR International Ltd and Others v Scottish Ministers where he will explain why the challenge to reduce the level of the Edinburgh lockdown restrictions failed.
Scott Blair, Terra Firma
The interaction between immigration law and licensing law
Post-Brexit immigration rules will have a significant impact on business, in particular the UK hospitality sector. This session will look at the key immigration issues that employers need to be aware of, how those obligations interact with licensing legislation, and the potential consequences to business of getting compliance wrong.
Jacqueline Moore & Kevin Clancy, Shepherd & Wedderburn
Civic Government update
This wide-ranging session will consider: the new Management of Offenders (Scotland) Act 2019, with a discussion and examination of the changes that the Act will bring to Civic Licensing hearings and practices at Licensing Committees; some of the issues that have affected the taxi trade during COVID; the Regulation of Short Term Lets; and the current position with Sexual Entertainment Venue Licensing, including a discussion of practical issues and its implementation.
Raymond Lynch, West Dunbartonshire Council
Gambling Act – the latest
The presentation will cover the latest topics in gambling, looking at recent trends and the effects of lockdown on gambling across Great Britain. Most importantly it will cover the recently launched ‘Gambling Act Review’ touching on aspects that are being scrutinised and those that are not. As always there will be a look back at certain GC regulatory sanctions, to show the types of enforcement action the Gambling Commission are currently focusing on.
Christopher Rees-Gay, Pinsent Masons
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