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Licence - Occasional Licence (Selling Alcohol)

Licence - Occasional Licence (Selling Alcohol)

Licence summary

If you wish to sell alcohol from premises that are not licensed for the sale of alcohol, for example local halls, community centre etc, you will need an occasional licence from Clackmannanshire Council Licensing Board.

You can apply for an occasional licence for a maximum of 14 days but usually they are granted for single, one-off events such as a wedding reception, birthday party or fund raising dance.

If you hold a premises licence, a personal licence or are from a voluntary organisation and wish to sell alcohol from premises that are not licensed, you must apply for an occasional licence.

The term \'sell\' includes the supply of alcoholic drinks which are included as part of a prepaid ticket or entrance fee.

Mandatory Conditions will be attached to a licence. The Board may also impose local conditions.

Apply and pay

Please apply using the application form.

Completed forms can be submitted directly by:

• email to: licensing@clacks.gov.uk
  
• in person to the Speirs Centre
  
• by post to: Clackmannanshire Council, Licensing Team, Kilncraigs, Greenside St, Alloa, FK10 1EB
  

Payment can be made at the Speirs Centre or online via our Pay It page.

Objections

Applications for Occasional Licences are advertised on our website for a continuous period of 7 days. Any person may object to an Occasional Licence application within the period of 7 days starting on the day when details are published on the web site.

Eligibility Criteria

A voluntary organisation may only be issued with an occasional licence in any 12 month period if:

(i) they have not had more than 4 occasional licences that last for 4 days or more and

(ii) more than 12 licences that last for less than 4 days and

(iii) the licences issued do not cover more than 56 days in a 12 month period.

All other applicants must hold either

(a) A premises licence; or

(b) A personal licence

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process

Applications must be on a prescribed form and include the following information:

• the name and address of the licence holder


• a description of the premises for which the licence is issued


• details of the activities to be carried out on the premises


• the period during which the licence will have effect


• details of times when alcohol can be sold on the premises


• whether alcohol is to be sold for consumption on or off the premises or both


• times when any other activities other than the sale of alcohol will take place on the premises


• where alcohol is to be sold on the premises whether children (under 16 years) or young persons (16 & 17 years old) will have access to the premises and if so :
  (i) details of the ages of the children or young persons allowed to enter;
  (ii) the times when they are allowed to enter; and
  (iii) the parts of the premises they are allowed to enter
  
• any conditions attached to a licence


• any other information required

Notices:
The Board will give notice of the application to the Chief Constable and the Licensing Standards Officer. The Chief Constable can serve a notice within 21 days recommending refusal where thought necessary for the crime prevention objective. The Licensing Standards Officer may submit a report containing comments on the application.

Objections/Representations:
Any person can object for reasons based on a ground of refusal or make supporting representations or concerning conditions.

Deciding an application:
If the Board has not received any notice from the Chief Constable, a report from the Licensing Standards Officer or a notice of objection or representation from any other person it must grant the application.

If any of these have been received the board must consider if there are grounds for refusal. If so the application will be refused, if not it must be granted.

Hearings may be heard when applications are being considered. If a hearing is not heard the applicant must be given an opportunity to comment on any notice or report.
The following are grounds for refusal:

• the premises in the application are excluded premises


• there are no exceptional circumstances for allowing the sale of alcohol over a 24 hour period or the application requests the sale of alcohol off the premises before 10.00, after 22.00 or both


• the granting of the application would be inconsistent with one or more of the licensing objectives


• considering the nature of the activities proposed, the location, character and condition of the premises and the types of people likely to visit the premises the Board thinks the premises are unsuitable for selling alcohol

A licensing board must take into account any notice from a chief constable or report of a Licensing Standards Officer.

Notification of a refusal or granting of an application will be given to the applicant, the Chief Constable, the Licensing Standards Officer and any person who gave a notice of objection or representation. A statement of reasons can be requested by any person served with such a notice.

Will Tacit Consent Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the Board by the end of the target completion period which is 6 weeks from the date of receipt of application by the Board.

Failed Application Redress

Please contact the Licensing Administrator in the first instance.

Appeals against the refusal of an application must be made to the Sheriff Principal of Tayside, Central and Fife.

Appeals can only be made on one or more of the following grounds:

• the Licensing Board made a mistake in law


• the decision was based on incorrect material facts


• the Licensing Board acted contrary to natural justice


• the Licensing Board used their discretion in an unreasonable manner

Licence Holder Redress

Please contact the Licensing Administrator in the first instance.

If you have a complaint about how the Board has handled a matter concerning you, you can use the Council's Complaints procedure.

Consumer Complaint

Consumers are recommended that in the event of a complaint the first contact is made with the occasional licence holder - preferably by letter (with proof of delivery). If you are unable to resolve your complaint direct with the occasional licence holder, you can contact Consumer Rights webpage for advice if you are in the UK. If you are outside the UK you should contact outside the UK European Consumer Centre.

Other Redress

If the Chief Constable considers an occasional licence application should be refused on the ground of the crime prevention objective he/she may serve a notice on the licensing authority recommending refusal. This notice must be served within 21 days of receipt of the original application notice.

Any person may object to an application by way of a notice to the licensing authority or make representations in support of the application or in relation to any conditions that should be attached to the licence.

Appeals by an objector against the granting of an application must be made to the Sheriff Principal of Tayside, Central and Fife.

Appeals can only be made under one of the following grounds:

• the Licensing Board erred in law


• the decision was based on incorrect material facts


• the Licensing Board acted contrary to natural justice


• the Licensing Board used their discretion in an unreasonable manner

Public Registers

The Board maintains a licensing register which is available for inspection on application to the Licensing Administrator.