Understanding the alcohol licensing law in Scotland

What is the Licensing (Scotland) Act 2005?

The Licensing (Scotland) Act 2005 refers to legislation that controls the manner in which alcohol is sold and consumed in Scotland. It was introduced to ensure that alcohol is sold in a way that promotes public safety, prevents alcohol-related harm, and helps local communities.

In simple terms, this law sets rules on who can sell alcohol, when they can sell it, and what they need to do to ensure it's sold responsibly.

Why Is the Licensing (Scotland) Act 2005 Important?

This law is essential because it helps protect people by ensuring that alcohol is sold responsibly and not abused. It also ensures that individuals selling alcohol are trained and that there exist regulations which prevent the sale of alcohol to minors (under 18s). The legislation also safeguards communities by granting local councils the authority to determine where and how alcohol is sold.

Different Types of Alcohol Licences in Scotland

There are three main types of alcohol licences in Scotland. Here's a quick overview to help you understand what each one is used for:

Let's look at each one in more detail.

Premises Licence

A Premises licence is a licence granted to businesses such as pubs, clubs, restaurants and shops that wish to sell alcohol. In order to obtain this license, the business should submit an application to the local council (Licensing Board) and prove that they meet all the legal requirements, including things like:

• Having staff trained to sell alcohol responsibly

• Ensuring the safety of customers

• Following the rules on when and where alcohol can be sold

Personal Licence

The person responsible for selling alcohol must hold a Personal Licence. This individual should receive training on responsible sale of alcohol and must follow the rules in the Licensing Act. Any person cannot sell alcohol without this licence, regardless of whether the business has a Premises Licence.

Occasional Licence

An Occasional Licence is for special events, such as weddings, festivals, or one-off events where alcohol is sold temporarily. This licence is different from the other two because it's for short-term sales. You'll need to apply for this licence if you're hosting an event that involves selling alcohol.

How to Apply for an Alcohol Licence

Applying for a licence in Scotland is a necessary process. The application varies slightly depending on which type of licence you're after. Let's look at the basic steps:

Applying for a Premises Licence

To apply for a Premises Licence, the business must:

1. Fill out an application form and submit it to the local Licensing Board.

2. Put a public notice showing that they have applied for the licence, so the community can see it.

3. Make sure to include details about staff training, safety measures, and the hours they wish to sell alcohol.

4. Pay a fee for the application.

Once everything is submitted, the Licensing Board will review the application and decide whether to grant the licence.

Applying for a Personal Licence

To apply for a Personal Licence, the applicant must:

1. Take a training course to learn about the laws surrounding alcohol sales.

2. Submit an application form to the local council.

3. Provide a criminal record check to show they are suitable to hold a licence.

Applying for an Occasional Licence

For an Occasional Licence, the process is simple:

1. Fill out an application form, providing the details of the event and the times alcohol will be sold.

2. Submit the form to the local Licensing Board well in advance of the event.

3. The Licensing Board will review the application and decide whether to approve it.

Mistakes to Avoid When Applying for an Alcohol Licence

Here are a few common mistakes people make when applying for an alcohol licence in Scotland and how to avoid them:

1. Not Completing All the Necessary Paperwork
   Ensure that you have filled out all the necessary forms correctly. Missing documents or incomplete applications can cause delays or rejections.

2. Failing to Provide Adequate Training for Staff
   If you're applying for a Premises Licence, make sure that staff have completed the necessary training on responsible alcohol sales. If this training is not provided, your application may be rejected.

3. Not Planning for Alcohol Sales Hours
   Some areas have restrictions on the times when alcohol can be sold.Always make sure that you check the guidelines of your local council regarding the hours that are allowed, or your application will be postponed or rejected.

4. Ignoring Signage Requirements
   Failing to display the correct alcohol licensing signage at your business can result in fines or even the loss of your licence. Always make sure that the necessary signs are visible to customers.

5. Applying Too Late for an Occasional Licence
   For one-off events, like a wedding or festival, don't leave your application for an Occasional Licence until the last minute. You need to apply in advance so the Licensing Board has time to review your application.

By avoiding these common mistakes, you can ensure a smoother application process and improve your chances of successfully obtaining your alcohol licence.

What You Need to Know About Alcohol Sales Hours

The Licensing (Scotland) Act 2005 also provides guidelines on the time when alcohol should be sold. Here's what you should know:

• Premises Licence holders must follow set opening hours for alcohol sales, which may vary depending on the location and the type of business.

• Some areas may have restrictions on alcohol sales, called overprovision, which means alcohol cannot be sold in certain areas because there are already too many places selling alcohol.

These rules are in place to ensure that alcohol is not sold at unreasonable times, like very late at night, to help reduce alcohol-related harm.

Rules for Selling Alcohol in Scotland

Before you start selling alcohol under any licence, there are a few important rules that every business or event must follow. These apply to all licence holders, whether a shop, a pub, or even a temporary event like a festival.

The Importance of Displaying Alcohol Licensing Signage

One crucial part of the law is the requirement for clear signage. Businesses that sell alcohol must display signs that show:

• The alcohol licence of the business (this must be visible to the public).

• The alcohol sales hours (when alcohol can be bought).

• Rules to prevent selling to underage people.

This signage ensures that both staff and customers are aware of the rules and helps to promote a safe drinking environment.

Consequences of Breaking the Licensing Rules

Failing to comply with the Licensing (Scotland) Act 2005 can result in serious consequences for businesses. These include:

• Fines or even closure of the business.

• Losing their alcohol licence.

• Criminal charges for selling alcohol to minors or violating alcohol sales rules.

Refresher Training for Personal Licence Holders

In Scotland, if you hold a Personal Licence, you're legally required to complete refresher training every five years to keep your licence valid. This training ensures you stay current with any changes in alcohol laws and licensing regulations.

The refresher course is shorter than the original SCPLH training, but just as important. Failure to complete this training within the timeframe may result in the revocation of your licence by the Licensing Board.

Book your SCPLH Refresher Course

Make sure to complete your refresher course well before the deadline, ideally at least 3 months in advance, so there's time to submit proof to your local Licensing Board.

Conclusion

The Licensing (Scotland) Act 2005 is an important piece of legislation that helps regulate the sale of alcohol in Scotland. It ensures that alcohol is sold responsibly, protects the community, and helps businesses comply with clear guidelines.

If you're planning to open a business that sells alcohol or host an event where alcohol is involved, it's important to understand how the licensing process works. The law is designed to protect both you and your customers, so make sure you apply for the right licences and follow the rules.

FAQ

What is a Premises Licence?

A Premises Licence is needed for businesses that want to sell alcohol on their premises. It allows them to sell alcohol to customers during specific hours.

How do I apply for a Personal Licence?

To apply for a Personal Licence, you must complete a training course and submit an application form to the local Licensing Board, along with a criminal record check.

Can I sell alcohol at a wedding or event?

Yes, if you're hosting an event, you can apply for an Occasional Licence to sell alcohol temporarily. You must apply in advance and provide the details of the event.

What happens if I don't display the required signage?

Not displaying the required signage could result in fines or even losing your alcohol licence.