Licensing in Scotland is very different to that in England and Wales, and is covered by separate legislation, the Licensing (Scotland) Act 2005. Lockett & Co can assist with the following services in Scotland:
Premises Licences
New Premises Licence Applications (Scotland) – a Premises Licence is required in Scotland for the sale of alcohol, and can be applied for as a full or provisional licence.
Premises Licence Variation Applications (Scotland) – as with England and Wales, there are a number of different applications that can be made to Premises Licences in Scotland in line with the upkeep and development of your business.
Minor Variation (Scotland) – a Minor Variation in Scotland includes changes to layout (reducing alcohol capacity), reductions to trading hours, varying the details of the Designated Premises Manager (DPM) (including specifying a new Designated Premises Manager), and many other changes that can be made to a licence that would not necessarily increase the overall impact of the licence.
Major Variation (Scotland) – a Major Variation in Scotland includes many changes that will likely increase the impact that a premises licence has, for instance by extending hours, increasing alcohol capacity, or varying the conditions of the licence.
Occasional Licence (Scotland) – you can apply for an Occasional Licence in Scotland if you want to sell alcohol from an unlicensed premises. You can apply for an occasional licence if any of the following are true: you’re from a voluntary organisation; you hold a premises licence to sell alcohol; or you hold a personal licence to sell alcohol. Restrictions apply; occasional licences are valid for no more than 14 days. Conditions will be attached to a licence.
Temporary Premises Licence (Scotland) – you can apply for a Temporary Premises Licence in Scotland if you meet certain requirements. For more details on this service, please contact us.
Personal Licences
New Personal Licence Applications (Scotland) – Lockett & Co will progress your new Personal Licence Application from start to finish. A Scottish Personal Licence can only be used in Scotland and can be used throughout Scotland. For example, if Edinburgh Licensing Board issued your Personal Licence, you are able to use this in Glasgow or Argyll & Bute and so on.
Personal Licence Renewals (Scotland) – Personal Licences are valid for a period of 10 years and then must be renewed. However, it is also a legal requirement that a Personal Licence Holder completes refresher training within five years of the date of issue of their Personal Licence. Personal Licence holders must also produce evidence of the refresher training to the Licensing Board that issued their Personal Licence no later than 3 months after the expiry of the five-year period when the Personal Licence was issued. Failure to complete this will result in the Licensing Board revoking your Personal Licence.
Personal Licence Refreshers (Scotland) – Personal Licences must be refreshed every 5 years from the date of the issue of their licence. All personal licence holders must attend a 1/2 day update course, sit and pass an exam before the 5 year anniversary of the issue of the licence. They must also submit evidence that the training has been passed to the relevant licensing board within 3 months of the 5 year anniversary. Failure to complete this will result in the Licensing Board revoking your Personal Licence.
Personal Licence Change of Name and/or Address – Under Section 88 of the Licensing (Scotland) Act 2005, a Personal Licence Holder must, no later than one month after any change in the licence holder's name or address, give the Licensing Board which issued the licence notice of the change. A Personal Licence Holder who fails to do so, without reasonable excuse, commits an offence. A person guilty of an offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Premises Licence Change of Name and/or Address – similar to the above, under Section 48 of the Licensing (Scotland) Act 2005, the Premises Licence Holder must, no later than one month after any change in the licence holder's name or address, give the Licensing Board which issued the Premises Licence notice of the change. A Premises Licence Holder who fails to do so, without reasonable excuse, commits an offence. A person guilty of an offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Training
Scottish Certificate for Personal Licence Holders (SCPLH) – The Scottish Certificate for Personal Licence Holders (SCPLH) is one of the accredited training qualifications required in order to apply for a Personal Licence in Scotland.
Scottish Certificate for Personal Licence Holders (Refresher) (SCPLHR) – The Scottish Certificate for Personal Licence Holders (Refresher) (SCPLHR) is one of the accredited refresher training qualifications, which is mandatory for Personal Licence Holders to complete after five years from the day their Personal Licence has been issued and every five years after in order to keep up to date with the licensing requirements.
Scottish Award for Licensed Premises Staff (SALPS) – The Licensing (Scotland) Act 2005 requires all staff who wish to sell or serve alcohol in a licensed premises must receive at least 2 hours of training. This course is designed to meet these requirements.
Minimum Unit Pricing (MUP) – as of 1 May 2018, a new Minimum Unit Pricing (MUP) applies to all alcoholic products. For more information, click here.
Due Diligence
Due Diligence Materials (England, Wales & Scotland) – See here.
Additional Services
Late Hours Catering Licence (New Applications and Renewals) – A Late Hours Catering Licence is required at a premise between the hours of 23:00 – 05:00 for the sale to or consumption of food and/or drink by the public. A Late Hours Catering Licence is required whether or not the food is consumed on or off the premise. Therefore, takeaways, supermarkets, restaurants, cafes, convenience stores, etc. will require a Late Hours Catering Licence during these hours. A Late Hours Catering Licence is only valid for 1, 2 or 3 years depending on the Licensing Board you are applying to.