We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
From reform to implementation to practice, our comprehensive conference, chaired by Scott Blair of Terra Firma Chambers, will focus on current developments at the various stages of the licensing cycle.
An expert panel of speakers will join Scott, including Stephen McGowan of TLT, Raymond Lynch from North Ayrshire Council, Andrew Hunter of Harper Macleod, Kevin Clancy from Shepherd & Wedderburn, Lynn Simpson of TLT,Audrey Ferrie and Christine Pirie of Pinsent Masons.
Questions to be considered will include:
what are the rules and limitations around the promotion of alcohol under the Licensing (Scotland) Act 2005?
how do you navigate the transfer minefield?
does the evidence really support continuing a minimum unit pricing policy?
as the short-term lets licensing scheme goes “live” for both existing hosts and new hosts, what do you need to be aware of?
what is the key role of the fit and proper person test across licensing schemes?
what are the latest civic government issues?
what are the latest developments in Scottish and relevant English caselaw?
What's being covered?
Licensing 101 – “irresponsible” promotions
Stephen McGowan, in his continuing “101” series, will be going back to basics to explore the rules and limitations around the promotion of alcohol under the Licensing (Scotland) Act 2005, exploring the mandatory conditions as they apply for both on and off sale premises, and discussing related issues such as rules around alcohol display areas and the “72 hour rule”.
Stephen McGowan, TLT
Navigating the transfer minefield
This session will: consider the transfer process; provide a legislative update; assess the impact of insolvency on licences and look at corporate reorganisation and dissolution.
Audrey Ferrie & Christine Pirie, Pinsent Masons
Civic licensing update
This session will look at: police intelligence cases and the licensing committee; licensing activities involving animals consultation: taxi update - driver licensing for people with medical consultation, taxi guidance and conditionality update.
Raymond Lynch, North Ayrshire Council
The fit and proper person test - past, present and future
This session will consider: the key role of the fit and proper person test across licensing schemes; the case of Sharma v Renfrewshire Council; the relevance of past, present and future conduct; and what comes next?
Andrew Hunter, Harper Macleod
Short-term lets licensing - developments and current position
The short-term lets licensing scheme goes “live” for both existing hosts and new hosts as from 1 October 2023. In this session, we will cover: the current position as regards the implementation of the scheme; the interaction between planning and licensing; developments in connection with short-term lets control areas; and the potential impact of litigation on the licensing scheme.
Kevin Clancy, Shepherd & Wedderburn
Minimum Unit Pricing - where are we now
With ‘sunset’ on Minimum Unit Pricing fast approaching, the Scottish Government must soon decide on the future of their MUP policy. With conflicting opinions on whether or not MUP has had the desired effect of reducing alcohol-related harm, have the benefits of MUP been overstated? Does the evidence really support continuing the policy, and even increasing the minimum unit price?
Lynn Simpson, TLT
Scott will provide an overview of developments in Scottish and relevant English caselaw over the last year and will aim to flag up trends in issues raised and arguments made. Casting his net widely he will provide a Scottish liquor appeals update and English licensing caselaw review; consider the Short Term Let Licensing Judicial Review, Averbuch and Others v City of Edinburgh Council; and discuss Bengal Dish Limited v Aberdeenshire Licensing Board which looked at licensed premises, noise and non-audibility conditions.