FAQs

What is the Law Regarding Staff Training Records?

In response to several member queries, Janet Hood has issued the following advice regarding staff training records......

• SI 2007 No. 546 LICENSING (LIQUOR) The Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007 sets out the format for the staff training record that has to be kept. One suggestion is that these forms are filled in at the time that the training has been completed, whether it is solely training or training that leads to the SCLPS qualification. It would be worthwhile for trainers to hold a supply of these forms to complete after each training event, meaning that staff have their training record filled in at the time. For those completing the SCLPS qualification, certificates (if they have achieved the required marks) will follow shortly after the training.
• Premises managers are required to keep copies of the staff training records for their premises. (For staff working at more than one premises, a copy of the training record will be required at each outlet).
• BII Scotland would suggest that qualification certificates, where applicable, should be copied and appended to the training record.
• The training record and qualification certificate (where applicable) belong to the staff member concerned and all staff members should be encouraged to retain copies of their own training records and the original qualification certificate, to produce as and when they seek new or additional employment.
• Any further training (of whatever nature) attended by the employee should be added to the staff member’s record for completeness.
• Where there is a centralised HR division, further copies of the staff training record should be retained there, in case those kept on site go missing.

Selling alcohol to friends, guests and/or staff for consumption out of hours – is it legal under the new Licensing (Scotland) Act 2005?

Janet Hood responds......

The answer is not whether the licensee can do this, it is who can sell and who can buy and who can consume out of hours

It is not an offence for a person to allow alcohol to be consumed on or taken from licensed premises if the person consuming or taking the alcohol resides on the premises or is the guest of the person who resides there. However it appears you can only sell out of hours to a person residing on the premises and not their guest.

So a person [presumably a person having the power so to do e.g. the bar man etc] can sell alcohol to a guest residing on the premises at any time. The resident appears to be able to purchase alcohol which can be consumed by themselves and their guests. However, the guest of the resident can't buy alcohol.

If the premises manager, premises licence holder or any other licensee or member of staff resides on the premises it appears they can be sold alcohol and their guests can consume the alcohol. I can find nothing preventing a person so resident selling to himself for the benefit of his guests.

As always care should be taken with lock-ins as the police are unlikely to take a positive view and any abuse of alcohol or appearance of drunkenness could result in your premises manager being up before the board on a breach of any number of the five objectives but especially the health one. Is this responsible retailing?

I would not advise this as a common practice. It was not an easy one to prove under the 1976 Act and will be even harder after 1 September 2009.