Licences - Licensing (Scotland) Act 2005

Licensing (Scotland) Act 2005 - Guidance for Licensees 

Background

The Licensing (Scotland) Act 2005 will be fully effective  on the 1 September 2009.  This Act will replace the current legislation.  In order to facilitate a smooth change over there is a transitional period which began on the 1 February 2008 and will be in place for 19 months.

Transitional Period - Applications

Premises Licence / Provisional Pemises Licence

• A premises licence is required for all premises governing the sale or supply of alcohol.An application form for a premises licence can be obtained here or from the link below. Note All premises other than registered clubs, must have a named premises manager who will require a personal licence. (see Personal Licence below).  This is a mandatory requirement for premises licences. A named premises manager cannot be the premises manager for more than one premises.  Premises may have more than one personal icence holder but only one can be the named premises manager.  You do not require to name the premises manager on your application form during the transition period.  However you must provide this information to the Board by 1st September 2009.  
• Operating Plan - part of the licensing process.  This is required to be completed and submitted with the premises licence application. A copy of the form can be obtained here or from the link at the bottom of the page 
• Guidance Notes - A guide for completion of a Premises Licence Application form and Operating Plan form A copy is availible here or from the link at the bottom of page.

Personal Licence - Separate from a premises licence , not all will require a personal licence.

The named premises manager for licenced premises, with the exception of former registered clubs, must hold a personal licence. This is a madatory requirement applicable to premises licences.  As explained above the holder of the personal licence may only be named as a premises manager for one set of premises.  Applicants should note that they may only apply for a personal licence to the authothity they reside in, however if aoplicants do not reside in Scotland, they can apply to any Board.  Once granted, a personal licence is valid throughout  Scotland.