LICENSING (SCOTLAND) ACT 2005
HOW IT AFFECTS CHURCHES AND OTHER VOLUNTARY ORGANISATIONS
At one extreme, there are some Churches which have obtained a Premises Licence for the Church buildings or, at least, the halls adjacent to the Church. This enables them to sell alcohol on the premises. At the other extreme there are some Churches which will not countenance at all the consumption of alcohol within the Church buildings. Many – or, indeed, most – Churches take the view that there is no objection to the consumption of alcohol on special occasions within the Church Hall(s), but they feel that it would send out the wrong message if they applied for a Premises Licence. The question is: how to dispense alcohol legitimately on these special occasions? This applies not just to Churches but also to other Voluntary Organisations (or, at least, those which do not have a Premises Licence).
One possibility is to apply for an Occasional Licence. This can be applied for either by the Voluntary Organisation itself or by somebody who holds a Personal Licence. This could be somebody who has a Pub or an Off-Sales or it could be somebody within the Voluntary Organisation itself who has attended the appropriate Training Course and, after being vetted by the Police, has been granted a Personal Licence by the local Licensing Board. If it is somebody who has a Pub or an Off-Sales, he or she is likely to look for at least a share of the profit from the sale of the alcohol at the event, whereas, if the holder of the Personal Licence is a member of the Voluntary Organisation, he or she would be more likely to allow the Voluntary Organisation to keep the profit. It is, of course, possible for the Voluntary Organisation itself to apply for the Occasional Licence, but there are restrictions on the number of days in the year during which a Voluntary Organisation may hold Occasional Licences, whereas the holder of a Personal Licence can apply for as many Occasional Licences as he or she wants.
Hunter & Robertson will be happy, if asked, to supply more detailed information about Occasional Licences.
It should be noted, in conclusion, that it is possible for alcohol to be consumed on the premises of a Church or other Voluntary Organisation without there being any kind of licence in place. This is because it is only if there is a sale of alcohol that a licence is required. However, one needs to proceed very carefully: if the ticket or advance publicity for an event states that the cost of the event includes a drink, that would be regarded as a sale. If you want to avoid the need for a licence, it must be clear that the alcohol being dispensed is completely free of charge.
Needless to say, anyone thinking of applying for a Personal Licence or even a Premises Licence can be guided through the process by Hunter & Robertson. Your contact is:
John Armit: jarmit@hunter-robertson.co.uk