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Disabled access guidance

The Scottish Government has published guidance on recent changes in licensing laws.

What does this mean?

Section 20 (2)(b) of The Licensing (Scotland) Act 2005 has been amended and all applications for premises or provisional premises licences, for the sale of alcohol for consumption either on or off the premises, must now be accompanied by a Disabled Access Facilities statement.

The statement must be submitted with an application for a premises or provisional premises licence within the Operating Plan.

Failure to provide the statement would mean an application is deemed incomplete. Although not grounds for refusal, the application would not be considered by the Licensing Board, as it would not be a valid application.

What does the statement need to contain?

The statement should give clear, detailed information about how accessible the venue is for disabled people. It is important to take into consideration that not all disabilities are obvious and do not only relate to people with mobility issues or wheelchair-users.

Information provided within the statement should include, but not exclusively, details of:

  • How accessible the premises are for example, ramps, accessible floors and signage;
  • Available facilities, such as disabled toilets, lifts, accessible tables
  • Any other provisions, such as assistance dogs welcome, hearing loop, large print menus/price lists.

Do I have to publish the statement?

There is no requirement to publish the statement, however, making the information readily available for potential customers who have a disability is recommended as best practice. This enables a judgment to be made as to whether the premises are accessible. For example, the statement could be published using your own company or premises website.

For more information and guidance on this, please contact Cheryl Scott.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

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