Alcohol licensing - useful information

In terms section 36 of the Licensing (Scotland) Act 2005, any person may apply to their local Licensing Board for a review of a premises licence allowing the sale of alcohol. In practice most applications for review are received either from Police Scotland or Licensing Standards Officers (LSOs) employed by the Council.

Police Scotland are responsible for the enforcement of the 2005 Act i.e. the investigation of offences which may have been committed under the 2005 Act and their reporting to the Procurator Fiscal. Separately the LSOs have a role in monitoring compliance with the conditions applicable to premises licences, concerning the operation of the licence in practice, with which the licence holder is legally required to comply. For these reasons it is suggested that you should discuss any concerns you have regarding the operation of licensed premises with either Police Scotland or the LSOs prior to considering an application for a review.

Grounds for review

1. that one or more of the conditions to which the premises licence is subject has been breached (for all premises licences this includes both the mandatory conditions contained in Schedule 3 of the 2005 Act and any specific conditions which apply to the licence); or
2. any other ground relevant to one or more of the licensing objectives

The Licensing Objectives are:

• preventing crime and disorder
• securing public safety
• preventing public nuisance
• protecting and improving public health
• protecting children from harm

Procedure for review

The Board may reject a premises licence review application which it considers is

1. frivolous or vexatious; or
2. does not disclose any matter relevant to any ground for review.

The Board requires the use of the this premises licence review application form.

The application must specify the condition(s) alleged to have been breached or the licensing objective(s) to which the alleged ground of review relates.

The Board recognises that it has the power to recover expenses from an applicant for a premises licence review if it considers the application to be frivolous or vexatious. However, it wishes to make clear that it will not consider using that power unless there is information before it to suggest that the application was deliberately frivolous or vexatious rather than submitted on the basis of a genuine misunderstanding of the licensing system.

If the Board agrees to hold a review then it will advise you of the date, time and venue for the hearing and a copy of the review application will be sent to the licence holder and the LSO. The hearing must be held in public. The Board may obtain further information from such persons (including Police, Fire, Environmental Health Noise Team etc.), and in such manner, as the Board thinks fit.