Licensing - Scotland
Licensees
The Act will help address problems created by alcohol misuse in Scotland while creating a better environment for the many members of the public who drink and behave responsibly.
The Act will also support retailers and publicans in their continued efforts to promote responsible retailing and consumption of alcohol.
The new licensing system reforms outdated licensing laws and brings in a new licensing regime founded on five licensing objectives:
- Preventing crime and disorder
- Securing public safety
- Preventing public nuisance
- Protecting and improving public health
- Protecting children from harm
When is it all happening?
New licences take effect from 1 September 2009 but you need to start preparing for the new licensing regime now.
Your local Licensing Board will invite you to apply for a premises licence application from the start of the transitional period on 1 February 2008.
Deadlines for applications
In order to take advantage of certain transitional rights, applications for premises licences need to be made by one of four dates, depending on the month the current licence was due for renewal. You will also be required to apply for your new licence by a set date.
There are four of these set dates and which one you fall into depends on the expiry month of your 1976 Act licence (your present licence) - the expiry year is irrelevant.
- If your licence expires in March of whatever year, you must have your application, operating plan and layout plan with the Licensing Board by 7 March 2008
- If your licence expires in June of whatever year, you must have your application, operating plan and layout plan with the Licensing Board by 6 June 2008
- If your licence expires in October of whatever year, you must have your application, operating plan and layout plan with the Licensing Board by 3 October 2008
- If your licence expires in January of whatever year, you must have your application, operating plan and layout plan with the Licensing Board by 16 January 2009
Your present licences, regular extensions and children certificates will be automatically renewed if their renewal date falls after 1 February 2008 until 1 September 2009, so you will only have to apply for your new premises licence and personal licence during this period.
You may check with your Licensing Board to confirm which date applies to you.
If you want to trade immediately from September 2009
While any applications made after 28th February 2009 will still be processed, Licensing Boards will not be under any obligation to process the application to enable trading on 1 September 2009.
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Members of the Public
The Licensing (Scotland) Act 2005 will give members of the public more involvement in their local community through greater rights to comment on licensing applications and through Local Licensing Forums.
Making representations or objections
The new Act means that any person by notice to the Licensing Board can object to an application and also make representations, including statements of support, to the Board concerning a licensing application.
It is also possible at any time for a person/persons to seek a review of an existing premises licence.
The Chief Constable may object to an application for a premises licence but only on the grounds that they have reason to believe that the applicant (or connected person(s)), is involved in serious organised crime.
A person can also make representation if they were not satisfied with a condition of licence set by the Licensing Board or may wish to make representation to request a modification of an operating plan.
Neighbour notification
Under the current licensing regime, applicants are required to notify every occupier of premises situated in the same building of their proposed application. However, under the new licensing system the statutory notification procedure will be the responsibility of Licensing Boards.
During transition (1st February 2008 - 1st September 2009), Licensing Boards will be required to provide, within 21 days of receipt of a premises licence application, notification to every occupier within a four metre radius.
Local Licensing Forums
All councils are required to establish a Local Licensing Forum for their area. The council may, instead of establishing just one Local Licensing Forum for their area, establish separate Forums for each division.
The role of the Forum is to keep under review the operation of the licensing system in their area and to give advice and recommendations to the Licensing Board. This will be mainly at policy level and does not include reviewing or offering advice or recommendations in relation to any particular application or case before the Licensing Board.
The Forum is independent from the Licensing Board and must have the capacity to be impartial. However, the Forum and the Licensing Board share a common goal of having the local community's best interest at the heart of any decision-making.
The Forums will meet at least four times and have one joint meeting with the Board each year, and will consist of between five and 20 members, as the relevant council may determine.
The members of the Forums are to be representative of the five key interest areas, which are:
- Holders of premises licences and personal licences (licensees)
- The Chief Constable for the police area in which the Forum's area is situated
- Licensing Standards Office for the council's area
- Persons having functions relating to health, education or social work
- Young people, persons resident within the Forum's area
Whilst the majority of Forums have now been established, if you are interested in the impact of the licensing decisions in your area then you may wish to be part of the Forum and it would be worth investigating further.
Further information on your Local Licensing Forum can be found at www.local-licensing-forums.org.uk
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