Clackmannanshire Council Online

Licence - Grant or Renewal of Late Hours Catering Licence

Licence - Grant or Renewal of Late Hours Catering Licence

Licence summary

You need a licence from Clackmannanshire Council to use premises for the sale to or consumption of meals or refreshment by the public between 23.00 and 05.00, on or off the premises.

The licensing authority may impose conditions including conditions fixing the days and hours of opening which may be different for sale for consumption on the premises and sale for consumption off the premises

Eligibility Criteria

If the application is for providing catering that will be mainly or wholly on the premises you must display a public notice detailing your application, in a public place at or near the premises for 21 days from the date the application is submitted. The notice must contain details relating to the application, detail where objections and representations can be made and how the objections and representations can be made.

If you are required to place a notice you must supply the licensing authority with a certificate confirming you have complied with the requirement.

You do not require a late hours catering licence where:

(a) the premises are alcohol licensed premises; or

(b) the premises are being used in accordance with a public entertainment licence

You may also apply to Clackmannanshire Council for an exemption of the requirement to hold a late hours catering licence:

(a) in respect of any particular occasion; or

(b) during a specified period not exceeding 2 months in any period of 12 months.

Clackmannanshire Council may impose conditions in respect of an exemption.

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process
Applications must be made in writing and signed by you or your agent (including by electronic means).

The fee payable is £266.75

The licensing authority will send a copy of the application to the Chief Constable of Central Scotland Police and to Central Scotland Fire and Rescue Authority

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 us by the end of the target completion period which is 6 months from date of receipt of your application together with all supporting documentation. This period can be extended once if necessary due to the complexity of the issue provided we notify you of the extension and its duration before the expiry of the original 6 month period.

Apply

Please email licensing@clacks.gov.uk to apply for this licence.

Failed Application Redress

Please contact out Licensing Administrator in the first instance
The initial decision will be made by the Council's Head of Administration and Legal Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory Subcommittee of the Planning Committee.
If you wish to appeal further against a decision you may do so to the Sheriff of Tayside, Central and Fife at Alloa within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the Sheriff's decision.

Licence Holder Redress

Please contact our Licensing Administrator (link) in the first instance.
The initial decision will be taken by the Council's Head of Administration and Legal Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory Subcommittee of the Planning Committee.
If you wish to appeal further against a decision to vary or suspend your licence or a refusal to renew it you may do so to the Sheriff of Tayside, Central and Fife at Alloa within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the decision.

Consumer Complaint

We advise that in the event of a complaint you firstly contact the licence holder - in writing (with proof of delivery). If still dissatisfied, and you are located in the UK, Consumer Rights webpage will give you advice. If you are located outside the UK contact the UK European Consumer Centre.

If you made an objection/representation about an application or made a complaint about a licence holder considered by the licensing authority in dealing with a possible suspension of a licence and you wish to appeal against a decision you may do so to the Sheriff of Tayside, Central and Fife at Alloa within 28 days of the decision. The Sheriff can only uphold an appeal if he/she considers that the licensing authority:

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised its discretion in an unreasonable manner

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the decision.

Other Redress

None

Trade Associations

None