Apply for a Premises Licence
A licence is required for premises where the sale of alcohol is involved. Premises licences are granted by the West Lothian Licensing Board and an application can be made by any individual, business or organisation involved in the sale of alcohol.
Please note that all the Licensing web pages are intended to guide you through the procedures associated with making an application for a licence. They are not intended to summarise relatively complex areas of the law. Anyone using these pages should obtain independent advice from their own solicitors or advice centre.
Premises licences remain in force with no time limit subject to the payment of an annual fee and can be transferred.The Licensing Team are able to provide general guidance on a scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence. Applicants should consult the alcohol licensing webpages for general guidance before making any application.
Any person aged 18 or over may apply to the Licensing Board for a premises licence in respect of any premises. However every premises must have a Premises Manager named on the licence. Any individual intending to be a Premises Manager must also be the holder of a valid Personal Licence. A person can only be the Premises Manager of one premises at a time. If your premises manager leaves for any reason, you must notify the Licensing Board within one week or you will not be able to continue selling alcohol Notification (PDF, 76 KB)(opens new window)
Application forms which have guidance notes attached can be found in the downloads section of this webpage. You should read the guidance notes carefully before completing the application form and please amend the heading on the form to indicate that it is a renewal application. Details of where to submit the application along with supporting documents can also be found in the guidance notes
Before you submit your application you must obtain your section 50 Section 50 Certificate (PDF, 149 KB)(opens new window) certificates from Environmental Health and Trading Standards.
Before you complete the premises licence application form you are strongly recommended to read the guidance notes attached to the application and the Licensing Boards policy and you may wish to seek advice from your solicitor.
The application fee is variable and this is determined based on the rateable value of the premises which the licence is being applied for and once your application has been checked you will be notified of the amount payable fees (PDF, 35 KB)(opens new window)
An application must contain a full description of the premises and be accompanied by: You must contact Environmental Health and Trading Standards to apply for your Planning Certificate, Building Standards Certificate and Food Hygiene Certificate - these are referred to as Section 50 Certificates. You can find out more information from the section 50 application form and guidance note. (PDF, 149 KB)(opens new window)
Every premises must have an operating plan describing the activities proposed to be carried on in the premises and other information including operating times and whether children will be admitted. This is submitted as part of the application and forms part of the licence once granted. Any change in the operation of the premises that is not covered by the operating plan will require an application to vary the licence to allow the change Variation of a Premises Licence
An application for a premises licence, including an application for a provisional premises licence, must be accompanied by a Disabled Access and Facilities Statement. The prescribed form is attached to the premises licence application form. Applicants should have regard to the Board's statement of licensing policy when completing the statement. The Scottish Government have published guidance for completing a Disabled Access and Facilities Statement which can be viewed here DAFS Non-statutory Guidance (opens new window)
On receipt of a fully completed application form, the Licensing Board will acknowledge that the application is complete and give notification of the application to:
- neighbours occupying land within 4 metres of the premises
- the Council
- the Chief Constable
- the local Community Council
The Licensing Board will advertise the application on the website continuously for 21 days.
You will be sent a Site Notice with instructions on how to display this notice at or near the premises in a place and at a height where the notice can conveniently be read by the public for 21 days. A confirmation of display of the notice form must be returned to the Licensing Board at the end of the period.
The Licensing Board will ask for the site notice to be re-displayed if it has not been displayed properly. This will delay the application.
Once the certificate of confirmation of site notice is received your application will be allocated to the next available Licensing Board meeting. By law all applications for premises licences and provisional premises licences require to be considered and determined by the Board. You will be sent notice of the date and time of the Board meeting at which your application is to be considered and a copy of the report for the Board on your application. All Board meetings are held in the West Lothian Civic Centre. You and/ or your representative will be given the opportunity to address the Board regarding your application at the meeting.
No, your application will not be granted automatically.
Firstly the Board may wish to carry out a site visit to your premises prior to the hearing. You or your agent will be contacted to arrange this if required.
All responses received in relation to your application will be collated and attached to a report for the Board.
Your application will be heard at a meeting of the Board to be determined and you or your agent will be cited to attend. It is helpful if someone is in attendance to answer any questions which may arise. However, if you have been given notice of the meeting the Board may proceed to deal with the application in your absence if you have not asked for the application to be adjourned to another date to allow you to attend. A letter will be sent to you by post giving details of the time and place of the meeting and a copy of the report which Board members will consider.
You have a right of appeal to the Sheriff Principal Scot Courts (opens new window) if your application for a premises licence is refused and you should consult your own legal representative should you wish further information on how to appeal.
Every licence issued is subject to mandatory conditions (PDF, 41 KB)(opens new window). These mandatory conditions apply to all premises licensed in Scotland. In addition to the mandatory conditions, local conditions can be attached which only apply to particular premises such as controlling amplified music.
Each premises licence holder must pay an annual fee to the Licensing Board by 1 October. The Board will send you a reminder of the annual fee at least 30 days prior to 1 October therefore it is important that should the premises licence holder change address that the Board are notified. The annual fee is calculated based on the rateable value of your premises and information on this and other fees can be found in the downloads section of this page. Further information regarding Payment of Annual Fees for Premises Licences
If your complaint relates to the manner in which your application was processed, then you should address it in the first instance to the Clerk of the Licensing Board.
If your complaint relates to a decision taken by the Board, then your only recourse is by formal appeal to the Sheriff Principal Scot Courts (opens new window) and you should seek your own legal advice regarding this.
A premises licence is granted in perpetuity. This means there is no end date but it can be revoked or suspended by the Licensing Board following a review. In addition, a licence can cease to have effect in a number of situations including if the licence holder dies or the premises are no longer used for the sale of alcohol. Please see section 28 of the Licensing (Scotland) Act 2005.
Anyone can object or make a representation about a premises licence application.
Please consider the guidance How to Object to or Make a Representation Regarding An Alcohol Licence Application (PDF, 979 KB)(opens new window) before submitting your objection or representation.
