The Premises Licence (Scotland) Amendment Regulations 2018
Section 179 of the Criminal Justice and Licensing (Scotland) Act 2010 amends section 20 of the Licensing (Scotland) Act 2005 to require individuals applying for an alcohol premises licence or provisional premises licence in Scotland to provide a Disabled Access and Facilities Statement.
This will need to accompany the application form along with an operating plan, a layout plan and any certificates as to planning, building standards and food hygiene.
This requirement came into force from 30 March 2018. However, the policy note issued confirms the statement does not form part of the premises licence application and as such, no variation will be required should the details change in the future.
The following points below should be taken into consideration when completing your Disabled Access and Facilities Statement:
- The purpose of the statement is to ensure that disabled people can access information about the accessibility of a venue before visiting it. It is good business practice to ensure that premises are accessible and welcoming to all customers.
- The statement should contain clear information about how accessible the venue is for disabled people. It should also describe the facilities and/or any other provision made on (or in connection with) the premises for disabled people.
- The process of writing a statement should also raise awareness amongst applications of the accessibility of their premises and action they could take to improve access to their premises.
- The provision does not compel the venue to provide any specific aids/access for disabled people, nor does it interfere with the existing duty under equality law to make reasonable adjustments to ensure that a disabled person can use a service as close as it is reasonable to get the standards usually offer to non-disabled people.
- In completing the statement, it is important for applicants to demonstrate that they have given full and proper consideration to the accessibility of the premises.
- When drawing proposed licence plans, disabled access such as ramps, accessible floors and signage along with facilities such as lifts and accessible toilets will need to be shown.
- Failure to provide this statement is not a ground for refusing an application. Rather it would mean that the premises licence application would be incomplete. The application could not, therefore, be considered by the Licensing Board as it would not be a valid application. A premises application which is accompanied by the statement would require being determined by the Licensing Board in the normal way.
For further information and support with premises licenses in Scotland, please contact our Alcohol & Entertainment Licensing team on 01332 226 142.