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McGowan on Alcohol Licensing Law in Scotland
A Practical Guide
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The indispensable practitioner's guide to the Licensing (Scotland) Act 2005, and alcohol licensing law in Scotland. Drawing on a wealth of experience, Stephen McGowan has delivered a long-awaited text that is both practical and reflective, guiding the reader through the often-perplexing patchwork of statute, policy, convention and jurisprudence that all amount to Scottish licensing law. He does so in an accessible, personable style - often peppered with wry real-life reflections on the day-to-day practice of this multifarious and politically volatile area of legal and social life in Scotland. ...
The indispensable practitioner's guide to the Licensing (Scotland) Act 2005, and alcohol licensing law in Scotland. Drawing on a wealth of experience, Stephen McGowan has delivered a long-awaited text that is both practical and reflective, guiding the reader through the often-perplexing patchwork of statute, policy, convention and jurisprudence that all amount to Scottish licensing law. He does so in an accessible, personable style - often peppered with wry real-life reflections on the day-to-day practice of this multifarious and politically volatile area of legal and social life in Scotland. The book contextualizes the history and policy of the 2005 Act and its legion amendments, providing detailed analysis of caselaw post-2009 cross-referenced with significant legacy decisions, such as in relation to the fit and proper test or the proper purpose of the licensing function. Further fundamental concepts such as the licensing objectives, overprovision, causality, the licensing "nexus", and the very nature of a Licensing Board are explored and deconstructed. The book also delivers practical advice on the pitfalls and perils of application basics including how to complete (and assess) a premises licence application, as well as valuable insight from the front lines and conduct at hearings. There is no better guide to how Scottish alcohol licensing law works - and often does not work - in practice. Key features: - Presents a comprehensive analysis of alcohol licensing law in Scotland, from policy to practice - Draws on real-life experience and case studies to examine complex concepts directly affecting how licensed premises trade, such as irresponsible promotions, age verification and minimum pricing; and explains how these are put into practice at the bar or on the shelf - Captures amendments made under the Criminal Justice and Licensing (Scotland) Act 2010, the Alcohol etc. (Scotland) Act 2010, the Alcohol (Minimum Pricing) (Scotland) Act 2012, and the Air Weapons and Licensing (Scotland) Act 2015 - Covers key reported (and unreported) appeal cases under the 2005 Act such as Aldi Stores Ltd v Dundee City Licensing Board 2016, Ask Entertainment (Pub) Ltd & Ask Entertainment (Nightclub) Ltd v Aberdeen Licensing Board 2013, Buzzworks Leisure Ltd v South Ayrshire Licensing Board 2011, Brightcrew Ltd v Glasgow Licensing Board 2011, Lidl v Glasgow Licensing Board 2013, Tesco v Glasgow Licensing Board 2012, and Trust Inns v Glasgow Licensing Board 2014 - Provides an exhaustive Parliamentary timeline and reference guide to all primary and secondary law relating to the 2005 Act, in a bespoke Appendix - Covers temporary amendments to the 2005 Act under the Coronavirus Act 2020, in a bespoke Appendix Stephen McGowan is a Partner and Head of Licensing (Scotland) at law firm TLT LLP. He is a leading, multi-award winning expert in alcohol licensing in Scotland and one of the most prominent licensing solicitors in the UK.
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