Published on September 2nd, 2015 | by Dean Carr
Alcohol licence 5 year ban removed
Five year ban on Scottish personal licences removed as Act receives Royal Assent
A five year ban on holding a personal alcohol licence for people who failed to undertake refresher training within a prescribed time period has been removed from Scottish law.
The Air Weapons and Licensing (Scotland) Act, which sets out new rules for a range of topics including air weapons, scrap metal dealers and alcohol, received Royal Assent in early August. Previously anybody with a personal licence for selling alcohol, who failed to undertake refresher training or present their certificate to the licensing board by the due date, faced a five year ban on applying for a new licence.
The introduction of the Air Weapons and Licensing (Scotland) Act removes this provision.
Minister for Community Safety & Legal Affairs, Paul Wheelhouse, said, “From this now, anybody who had their personal licence revoked for failing to present a refresher training certificate can now apply for a new licence, as long as they meet with the other requirements. “We have listened to the concerns raised that a five-year ban was excessive and responded by removing that ban. “Refresher training is important, and remains compulsory. Those personal licence holders who fail to comply with the requirement to undertake the training will face the costs of reapplying for a licence, but we believe we have struck an appropriate balance by removing the five-year ban term.”
The new legislation will also create new offences for Scotland of giving, or making available, alcohol to a child or young person for consumption in a public place.
Anyone who had their licence revoked is now eligible to apply to their local licensing board for a new personal licence, provided they meet the other requirements. Revoked licence holders will need their original Scottish Certificate for Personal Licence Holders (SCPLH). They will also need to pay the appropriate licence fee and undergo the normal Police checks for personal licence holders.
Personal licence holders are still required to undertake refresher training after five years, and face losing their licence if they fail to do so. If this happens they will no longer have to wait five years to apply for a new licence, but there will be costs involved in applying for a new one.
SCPLH training courses and Scottish PLH refresher training can be booked on www.personallicencescotland.com