Victory for Common Sense on Licensing Guidance
27 Jul 2007
The Association of Convenience Stores (ACS) has welcomed new revised guidance laid before Parliament on the Licensing Act 2003. Among a number of technical changes the one of critical interest to retailers is the revised guidance on the issue of how alcohol sales should be supervised.
The significant change in the guidance is that the definition of an acceptable absence from the premises for the personal licence holder, being ‘for example, over the course of an evening’ is being removed from the guidance. This phrase has provided justification to many enforcement authorities to say that a personal licence holder must be present all the time.
Following a concerted effort by ACS this has been removed and now the guidance makes absolutely clear that a licensed individual does not have to be on the premises at all times alcohol is sold.
ACS Chief Executive, James Lowman, said: “I am pleased that we now have clarity on this issue. We have been working with Government for a number of years behind the scenes to push for this revision and bring about the change. This issue remains highly controversial in many areas of the country and we are now calling on Government and local authorities to deliver a consistent approach to interpreting and explaining how this law works.”
“The law states that whilst a personal licence holder does not have to be present on the premises when alcohol is sold they must be always accountable for it. This is far more important and strict than having to be physically present. It means that the individual in charge has to be confident that others that work there are properly trained, and that they are accountable to him. If something goes wrong the person in charge faces the sanction.
“Retailers cannot afford to be complacent, and must use every tool at their disposal to ensure that their shop does not sell alcohol to under-18s. Vitally this includes training staff on the Challenge 21 policy, and a strict No ID No Sale message. The guidance also recommends keeping good records of procedures, including training logs and a refusals register.”
The guidance clarifies that the Retailer should keep a record of who is in charge and who they have authorized to sell alcohol, especially in their absence. This has been recommended as best practice by trade associations like ACS, and a pro forma document is available by calling ACS on 01252 515001.
Lowman continues: “We aim to help retailers in every way we can to comply with the licensing laws and we were one of the first to provide an authorisation sheet. This new guidance makes using such a document essential and I would commend every retailer of alcohol to get hold of a copy right away.”
Contact:
Shane Brennan Public Affairs and Communications Manager
01252 515001 / 07921 372978
Rachel Lawson Communications Co-ordinator
01252 515001
Notes to Editors:
1. ACS is the convenience store champion, helping local shops thrive through lobbying, insight, information and commercial services.
The significant change in the guidance is that the definition of an acceptable absence from the premises for the personal licence holder, being ‘for example, over the course of an evening’ is being removed from the guidance. This phrase has provided justification to many enforcement authorities to say that a personal licence holder must be present all the time.
Following a concerted effort by ACS this has been removed and now the guidance makes absolutely clear that a licensed individual does not have to be on the premises at all times alcohol is sold.
ACS Chief Executive, James Lowman, said: “I am pleased that we now have clarity on this issue. We have been working with Government for a number of years behind the scenes to push for this revision and bring about the change. This issue remains highly controversial in many areas of the country and we are now calling on Government and local authorities to deliver a consistent approach to interpreting and explaining how this law works.”
“The law states that whilst a personal licence holder does not have to be present on the premises when alcohol is sold they must be always accountable for it. This is far more important and strict than having to be physically present. It means that the individual in charge has to be confident that others that work there are properly trained, and that they are accountable to him. If something goes wrong the person in charge faces the sanction.
“Retailers cannot afford to be complacent, and must use every tool at their disposal to ensure that their shop does not sell alcohol to under-18s. Vitally this includes training staff on the Challenge 21 policy, and a strict No ID No Sale message. The guidance also recommends keeping good records of procedures, including training logs and a refusals register.”
The guidance clarifies that the Retailer should keep a record of who is in charge and who they have authorized to sell alcohol, especially in their absence. This has been recommended as best practice by trade associations like ACS, and a pro forma document is available by calling ACS on 01252 515001.
Lowman continues: “We aim to help retailers in every way we can to comply with the licensing laws and we were one of the first to provide an authorisation sheet. This new guidance makes using such a document essential and I would commend every retailer of alcohol to get hold of a copy right away.”
Contact:
Shane Brennan Public Affairs and Communications Manager
01252 515001 / 07921 372978
Rachel Lawson Communications Co-ordinator
01252 515001
Notes to Editors:
1. ACS is the convenience store champion, helping local shops thrive through lobbying, insight, information and commercial services.