Licensees

Why is the Licensing (Scotland) Act 2005 being brought in?

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The new licensing system reforms outdated licensing laws and brings in a new licensing regime founded on five licensing objectives: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.