Under The Licensing (Scotland) Act 1976 members clubs were authorised to sell alcohol in terms of a Registration to do so granted by the Sheriff. The new Licensing (Scotland) Act brings members Clubs within the general Licensing System for the first time and under the responsibility of Licensing Boards. Clubs will now require to make applications for Premises Licences|.
The timetable for the transition phase from the old legislation to the new legislation gives Licensing Boards discretion as to when application for members clubs are to be considered. In the case of Falkirk Council Licensing Board the Board has agreed that applications will not be required until early 2009. Clubs will be advised in writing by the Board in due course as to the appropriate date and procedures to be followed.
Clubs are not required to have a named premises manager in their Operating Plans. However, many Clubs, particularly larger ones and depending on the nature and scale of operations, may consider it appropriate to have one or more Personal Licence holders either on their staff or within the pool of members involved in the sale of alcohol. In this connection Clubs are reminded that all servers of alcohol will require to have undertaken a minimum of 2 hours appropriate training. This can be provided to other members by a member who is a Personal Licence holder
Clubs may however wish to consider making arrangements for the preparation of appropriate layout plans and to carry out a review of their Constitutions and Rules and update these where appropriate.
Clubs may also wish to consider the advisability of obtaining advice from their legal advisors on this whole matter.