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Licensing (Scotland) Act 2005 - Premises / Personal Licence

Licensing (Scotland) Act 2005 - Premises / Personal Licence

Premises Licence

Alcohol can only be sold on premises in accordance with a premises licence or occasional licence. A personal licence authorises the holder to supervise or authorise the sale of alcohol.

Applications for a Premises Licence must be accompanied by a layout plan and an operating plan.

There will no longer be categories of licences such as public houses, hotel licences or off-sale licences. There will be one licence called a Premises Licence. The operating plan sets out :

  • the activities carried on in the premises
  • licensed hours for sale of alcohol on and/or off the premises
  • details of whether/when children will be allowed entry to the premises and the terms on which they will be permitted entry.

Fees

Fees payable on a Premises Licence application depend upon the rateable value of the premises and the category into which the premises fall. The categories are as follows:

Category 1

  1. The premises are not entered in the valuation roll or have a nil value;
  2. Their main function is to provide a visitor attraction and the sale of alcohol is for consumption off the premises and the Board considers the sale of alcohol incidental to the other activities carried on;
  3. They are used wholly or mainly for the purpose of a club as defined in the Licensing (Clubs)(Regulations) 2007; or
  4. Their main function is to provide accommodation, they are not open to the public other than for provision of accommodation and any alcohol sold on the premises is to be consumed on the premises by guests being accommodated there.
The fees applicable in the case of premises licence applications to Clackmannanshire Licensing Board are as follows:
CategoryRateable ValueApplication FeeAnnual Fee
1Nil£200£180
2£1 - £11,500£800£220
3£11,501 - £35,000£1,100£280
4£35,001 - £70,000£1,300£500
5£70,001 - £130,000£1,700£700
6Over £130,001£2,000£900

For a Premises Licence Application Pack, visit the Premises Licence page.

Personal Licence

Premises must have a premises manager who holds a Personal Licence. A personal licence will also be required by any person who will supervise or authorise the sale of alcohol. Applicants for a Personal Licence must be aged 18 or over and possess a licensing qualification (which must be produced with the application). Applicants should apply for a Personal Licence for the area in which he/she is ordinarily resident. Personal Licences last for 10 years. The fee for a Personal Licence is £50.

During the period 1st February 2008 to 1st July 2009, an operational plan need not provide details of the premises manager. These details must be supplied by 1st December 2009, failing which any premises licences granted is deemed to be revoked at that date.

Staff Training (Applicable from 1st September 2009)

Any person who makes sales of alcohol or serves alcohol will only be able to do so from 1st September 2009 if he/she has undergone training.

The training must be of at least 2 hours duration and cover the matters specified in the Licensing (Training of Staff) (Scotland) Regulations 2007 SSI 2007 No. 397. Training can be delivered either by a personal licence holder or by an accredited trainer (holding a Scottish Qualifications Authority qualification accredited to meet the aforementioned regulations.

A training record must be kept on the premises in the form specified in the Licensing (Mandatory Conditions No.2) (Scotland) Regulation 2007 SSI 2007 No. 546. It must be produced to a Licensing Standards Officer on request.

For a Personal Licence Application Pack, visit the Personal Licence page.

For Further Information Contact

Development & Environment Services
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 452093/ 450000
Email: