Licensing act 200

Fourteen individuals and thirty two organisations responded to this question. The Scottish Government is extremely grateful to all of those who responded to the consultation exercise.

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Summary of responses December The Licensing Scotland Act - Consultation on reviewing the fee for occasional licences and considering a limit on the number and duration of occasional licences - Summary of responses Background 1.

The occasional licence 3. Those persons eligible to apply for an occasional licence are: The holder of a premises licence; The holder of a personal licence; and A representative of any voluntary organisation. The power to make Regulations includes the ability to: set out limits on the number of occasional licences that could be issued to the same applicant in a 12 month period, set out limits on the number of occasional licenses that could be issued in relation to the same premises in a 12 month period, set out limits on the number of days that the occasional licences issued to the same applicant in a 12 month period could have effect, set out limits on the number of days that the occasional licences issued in relation to the same premises in a 12 month period could have effect, and set out limits on the number of continuous days that a series of occasional licences can have effect in relation to the same premises.

The consultation Summary of consultation responses Question 2. Comments included: "A lot of work involved by staff in producing the licence. The current fee is far too low. Can be abused by members of the public running premises for long periods of time at very little expense and an unfair advantage over licence holders.

Further processing including logging information onto the system, scanning and sending it for consultation, results in the current fee being eaten up in the early part of the process. This is before any follow up visits need to be done in order to assess the possible impact on the licensing objectives. On average, a straightforward occasional licence application takes approximately 1 hour of staff time to process and a more complex application takes approximately 2 hours of staff time.

Staff costs alone do not cover the current fee without taking into account any other associated administrative costs nor the more complex applications. The Board also receives more complex applications which are more labour intensive. Comments included: "We make a limited amount under 7, litres of craft cider.

We sell this as off-sales only, mainly at Farmers' Markets across the region in which we live. Junior Football Team we need the profit from our occasional licences for us to operate. I apply 2 or 3 times a year to bring our village together for outdoor music afternoons, or craft events or just to get older lonelier people to meet up and have an occasional glass of wine.

Being able to offer a glass of wine for sale at such events helps draw people in and provides added ambiance. It makes it more a night out for local people.

If the fee was to increase it could easily become prohibitive. This would reduce our capacity for local fundraising. Increasing the fee would place an added burden on such Clubs.

The Scottish Licensed Trade Association also highlighted "surpluses" recorded by a number of Licensing Boards in their Annual Reports: "…The Association accepts that some Licensing Boards do run at a loss, but the Scottish Government must take into account the "surpluses" recorded by a number of Licensing Boards in their Annual Reports when determining any changes to the current level of fees for Occasional Licenses, particularly when a number of Boards have regularly reported surpluses amounting to, in some cases, tens of thousands of pounds each year Question 4.

Comments included: "Although the lowest of the proposed increases it is still a substantial rise and likely to be the most acceptable to trade and voluntary organisations who legitimately apply for licences.

It is also a reasonable sum of money considering most applications are for events which will sell alcohol to make a profit. Such a cost would be affordable by voluntary bodies applying for occasional licences and will also represent a reasonable cost to unlicensed hospitality, event or outside catering businesses which legitimately cater for a myriad of events in a variety of locations and premises.

Additionally, this fee level takes into account any future inflationary rate as it is uncertain when a further review of the application fee for an occasional licence will take place. Inflation therefore must be taken into account so that the cost does not diminish in real terms. These figures are conservative Justification for a fivefold increase cannot be provided.

This is an undue burden on small Clubs. Such a fee would seriously affect my business. It would not be worth doing for us. We would lose more money than we take in. Follow up visits are also not covered in the costs to ensure compliance with conditions and the licensing objectives. Therefore a higher fee is merited. Comments in support of that view included: "One fee does not fit all. These companies usually use a personal licence holder. The fee for large scale events could perhaps be based on numbers attending.

It is unfair that large events are charged at such a low fee. Question 6. Comments included: "To cover costs of advertising, administration fees recording, circulation to consultees, collation of responses, consultees time and responses, licensing board determinations when required, recording of licences and sending them out to applicants when granted and visits to check compliance with conditions and the licensing objectives It will also ensure that people applying for an occasional licence are serious about their responsibilities and the requirements the licence sets out for them Comments included: "Out of the reach of Sports Clubs.

After all there are more occasionals coming in now that are basically for people running a business without applying for an actual premises licence and this is unfair for the trade that are struggling to make ends meet by having the correct licence in place.

No annual fees are required either so the trade always seems to be out of pocket. Such a fee would VERY seriously affect my business. Question 8. These types if licences are meant to be for a special occasion or event and not for people to run a business from. The higher application fee may put people off.

Greater scrutiny and investigation is required for applications for large scale i. Large scale events often require further clarification with regard to the information submitted on the occasional licence and this takes considerably longer than a standard application and additional staff time is required to liaise with the applicant of such an application.

It is our view that fees for occasional licence applications require to be increased to ensure that Licensing Boards recover their costs. In , the Board received and in , the Board received This represents a Comments included: "There is a growing trend for some premises to abuse the system and fail to apply for a premises license and try and run on occasionals for lengthy periods of time and that is not the spirit of how they were designed to be used.

It is the ability to license the same premises for a continuous and indeterminate period which concerns us Of greater concern to the Board however is the repeated use of occasional licences for a single location or premises, where a short term licensing mechanism is being used for longer term licensing cover. Comments included: "People who want to have events use certain people who have a personal or premises licence because they are good at organising the bar for the event and they have a good reputation so why should there be a limit on the amount of applications that they can apply for.

Are they to have their ability to work limited? Limits may jeopardise livelihoods. In our authority, premises licence holders and personal licences holders apply for occasional licences in community halls, which are used as main venues for functions such as weddings as many licensed premises are too small to host such events.

Restricting the numbers they can lodge for these events would harm the community. There should, therefore, be a distinction between these two different types of business model. Comments included: "12, bearing in mind they run for two weeks that is effectively half a year. Any more than this and there should be a premises license in place of it Examples of the different views offered include: "Unlimited. It's an obstruction to a right to work if there is a limit. Where an applicant is applying for repeat occasional licences for the same venue it may be appropriate for a limit to be applied.

In my case, as a weekly seller of alcohol at farmers' markets, etc, I need a large number over a year simply to continue in business, as do numerous other similar traders When the premises are run as a business it is more important that the operating plan is subject to the scrutiny of the licensing board and evidence is produced that the operation is upholding the licensing objectives…" "…The Board questions whether voluntary organisations should be permitted to sell alcohol on more than a truly occasional basis without training…" " SHAAP suggests that it may be appropriate to apply the same limits as are currently applied to voluntary organisations, meaning that the same applicant could have up to four occasional licences of four days or more in duration, and 12 occasional licences of less than four days.

This would mean that the same applicant could have up to 4 occasional licences of 4 days or more in duration, and 12 occasional licences of less than 4 days, with a maximum number of 56 days of occasional licence in any one year. However, as detailed below, a shorter period of around 30 days may better reflect the intended use of occasional licences, and the possibility of a lower limit on the total number of days should be considered…" Question Any more than this and the appropriate premises license should be in place.

If a community hall is being used by a whole host of different organisations and personal licence holders it would be unreasonable to cap the number of licensed activities held in any particular hall…" Examples of the comments received are: "The legislation does already set out prescribed limits for the number of occasional licences permitted to be granted for members clubs and voluntary organisations.

The Scottish Government may wish to consider whether these existing limits would also be appropriate for other premises using occasional licences. As highlighted earlier in this response, one board considers it reasonable for occasional licenses covering up to 30 days to be granted in any one calendar year for a single premises. AFS would agree that 30 days seems reasonable, and would be preferable to a period of 56 days. We think this flexibility should remain.

Our main concern is in relation to those premises which sell alcohol continuously under a series of licences issued to the people running the premises, who delay applying for their premises licence. Premises operating in this way are not required to produce section 50 certificates unlike premises seeking a full premises licence. These certificates ensure that a premises is fit for the public to use. Many occasional licences are for community type premises which would not be able to obtain section 50 certificates without being brought up to date in line with current building regulations…" Question Comments included: "Happy at twenty four hours.

Anything more than this and it feels like the occasional license process is being abused. This is their mobile business and provides a service to organisations and the public i. Voluntary organisations - introduce a definition of what is a Voluntary Organisation and cap at 12 per year. Comments included: "Reduce to 1 day only. An event organiser may well turn to an alternative applicant if their preferred choice had reached their prescribed limit. We consider that this flexibility should continue.

Repeated occasional licence applications for designated events would continue to be appropriate in such circumstances. We are also aware that the total number of days on which an occasional licence has effect must not exceed 56 days within 12 months for voluntary organisations. In our view, however, 56 days should be the maximum limit in this context, and a lower number of days may be more appropriate.

Other comments included: "I think it should if anything be reduced from 14 days - if as above 12 occasional licenses means you're good for half the year then seasonal businesses may see this as an opportunity to not commit to the responsibilities attached in spirit to a full licence.

This is just not right. So 1 day per month. Other comments included: "On the basis that we are suggesting 6 occasional licences in a 12 month period for a maximum of 14 days, the appropriate limit in terms of the number of days would be 84 during any 12 month period. However, it is an offence for a person to sell alcohol to trade otherwise than from premises not used exclusively for the purpose of selling to trade whether such sale is solely of alcohol or not.

The Act provides that moving vehicles, on which alcohol is sold can now be adequately licensed under the new regime by either a premises or occasional licence. In particular, Licensing Boards will now be able to license "party vehicles" such as stretched limousines and decommissioned fire engines.

It is an offence for any person to knowingly sell alcohol on any such vehicle whilst it is moving unless authorised to do so by a premises licence or occasional licence. All deliveries and carrying of alcohol in vehicles must be properly and clearly recorded under the provisions of the Act. Before a delivery of alcohol is dispatched the delivery driver must ensure that the quantity, a description and price of the alcohol, and the name and address of the person to whom the alcohol is being delivered, is recorded in a day book kept on the premises from where the alcohol, is being dispatched.

The driver must also carry an invoice or delivery book on his person containing the same information. Not do so will be an offence. It is also an offence for any person to deliver the alcohol to an address other then that listed in the day book.

However, it should be stressed that these requirements do not apply to deliveries of alcohol to a trader for the purposes of that person's trade e. It an offence for anyone who works on a licensed premises which sells alcohol for consumption off the premises to deliver alcohol between midnight and 6 am. It is also an offence for any responsible person to allow such a delivery. The sale of contraband cigarettes and alcohol is a matter of considerable concern to Ministers.

In addition, some of the goods sold are fake products smuggled from other countries on behalf of organised criminal gangs. Such products could contain dangerous ingredients. The Act provides that it is an offence knowingly to keep or allow to be kept, on relevant premises, any goods which have been imported without payment of duty or which have otherwise been unlawfully imported.

The Act also provides that a court which convicts a person of this offence may order the confiscation of the goods in question and their containers, which may then be either destroyed or dealt with as the court orders. Licensing Boards should liaise closely with Customs and Excise in respect of the investigation and prosecution of such offences. Information We use cookies to collect anonymous data to help us improve your site browsing experience.

Accept all cookies Use essential cookies only Set cookie preferences. Home Publications. Licensing Scotland Act section guidance for licensing boards and local authorities. Supporting documents. Contents Close.

Choose section Page 1 Contents 1. Introduction 2. Statements of Licensing Policy 3. The Overprovision Assessment 4. Premises Licence 5. Occasional licence 6. Personal Licence 7. Control of Order 8. Excluded Premises 9. Exempt Premises Licensing Standards Officers Other offences Transition General - Bodies corporate Prohibition of unlicensed sale of alcohol Drunk person entering or in premises on which alcohol is sold Obtaining alcohol by or for a drunk person Sale of alcohol to a drunk person Premises manager, staff etc.

It is an offence for any responsible person to be on any relevant premises whilst drunk. Disorderly conduct Refusal to leave premises Offences relating to sale of alcohol to trade Prohibition of unauthorised sale of alcohol on moving vehicles