The Personal Licence (Training) (Scotland) Regulations 2013

Scottish Statutory Instruments

2013 No. 261

Licensing (liquor)

The Personal Licence (Training) (Scotland) Regulations 2013

Made

5th September 2013

Laid before the Scottish Parliament

9th September 2013

Coming into force

8th October 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 87 and 147(1) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Personal Licence (Training) (Scotland) Regulations 2013 and come into force on 8th October 2013.

Training of Personal Licence Holders

2.—(1) The training requirements prescribed for the purposes of section 87(1) of the Licensing (Scotland) Act 2005 are specified in paragraph (2).

(2) Each personal licence holder must, within—

(a) the period of 5 years of their personal licence being issued; and

(b) each subsequent period of 5 years during which the licence has effect,

undertake a course of training accredited by the Scottish Ministers for the purposes of this regulation.

Submission of Training Requirements for Personal Licence Holders

3.—(1) Evidence, in writing, of compliance with the training requirements to be undertaken by the personal licence holder must—

(a) consist of the original or copy of the Scottish Certificate for Personal Licence Holders (Refresher) at SCQF(2) Level 6; and

(b) be accompanied by the personal licence holder’s—

(i) full name;

(ii) address;

(iii) date of birth; and

(iv) licence number.

(2) For the purposes of this regulation—

(a) a “licence number” means the licence number contained in the personal licence in accordance with the Personal Licence (Scotland) Regulations 2007(3); and

(b) “writing” includes electronic communications within the meaning of section 15 (general interpretation) of the Electronic Communications Act 2000(4).

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

5th September 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Licensing (Scotland) Act 2005 makes provision for regulating the sale of alcohol. Section 76 of that Act provides for the issuing of personal licences and other provisions in the Act regulate the circumstances in which a personal licence is required. Section 87 of that Act provides that a personal licence holder must comply with such requirements as to training as may be prescribed.

Regulation 2 prescribes the training requirements for personal licence holders.

Regulation 3 prescribes how evidence of compliance with the training requirements is to be demonstrated and submitted by the personal licence holder and makes provision for said requirements to be provided electronically.

(1)

2005 asp 16.

(2)

SCQF means the Scottish Credit and Qualifications Framework, the website of which is athttp://www.scqf.org.uk/

(3)

S.S.I. 2007/77.

(4)

2000 c.7.