Liquor Licence Applications – Licensing (Scotland) Act 2005 Overview

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The Licensing (Scotland) Act 2005 replaced the Licensing (Scotland) Act 1976 on 1st September, 2009.

Licensed Premises (e.g Public Houses & Off-Sales)

The previous 7 types of licences (e.g Public Houses and Off-Sales) were replaced with a premises licence. Premises licences applications must be accompanied by an operating plan, layout plan and certificates in terms of Section 50 of the Act from Building Control, Environmental Health and Planning. A premises manager must be appointed and that person must hold a personal licence.

Once granted a premises licence runs for an indefinite period, providing and annual fee is paid. The premises must be operated in accordance with the operating plan. Changes to the operating plan may be made by applying for a variation. All premises are subject to mandatory conditions. Local conditions may be added by the Licensing Board.

Core Hours

The hours during which the premises are to trade must be included in the operating plan (the core hours). Core hours can be varied on occasional basis by making an application for extended hours. Such an application must be lodged at least 14 days prior to the event. Applications lodged within 14 days of the event will not be accepted.

Occasional Licences

The holder of a Premises Licence, a Personal Licence holder or a representative of a voluntary organisation may apply for an occasional licence for unlicensed premises. Applications must be lodged at least 28 days prior to the occasion. Applications lodged within that period will not be accepted.

An occasional licence cannot be granted in respect of premises which hold a premises licence and occasional licences can only run for a maximum period of one month.

Transfer

Premises Licences can be transferred at any time. Consideration of applications for transfer is delegated to the Convener of the Licensing Board and the Clerk. Applications must be accompanied by the original premises licence and evidence that the transferee is in possession of the premises.

Forms and Fees

All forms are available in the forms section & relevant fees are listed in the fees section.

Liquor Licence Applications – Licensing (Scotland) Act 2005 Overview

New Premises Applications Pending

Variations Pending

Occasional Licence Applications Pending