Premises licence - guidance
We produced guidance to help you understand the process of applying for premises licence. For further information view full guidance (pdf 171KB).
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Any person aged 18 and over can apply for a premises licence as can a partnership, a company, a member’s club, students’ union or other body. A member’s club or students’ union must meet the following requirements in order to be able to apply for a premises licence it must not be conducted for the purposes of making a profit and it must have a written constitution and rules which include the following provisions:
- The business of the club is to be under the management of a committee or other governing body elected by the members of the club
- No person under 18 is to be admitted as a member of the club (unless the club is devoted primarily to some sporting purpose or is a students’ union)
- No member of the committee or other governing body and no person employed by the club is to have any personal interest in the sale of alcohol on the club premises or in the profits arising from such sale;
- Other than when an occasional licence has effect, no person is to be supplied with alcohol on the club premises unless that person is a member of the club, a person who is on the premises at the invitation of a member of the club and is accompanied by that member or a member of another club which is also a club complying with these requirements
- Where a person, as outlined above, is supplied with alcohol on club premises when an occasional licence is not in effect, there is to be entered in a book kept for the purpose (the date in question, the name and address of the person and the name of the member accompanying that person)
- Current accounts and books are to be kept showing the financial affairs and intromissions of the club
- The club has to have at least 25 members to be properly constituted;
- No person is to be allowed honorary or temporary membership of the club or to be relieved of the payment of the regular entrance fee or subscription, except to allow temporary participation in the activity which is the prime purpose of the club or in accordance with specific provision set out in the club rules
An operating plan needs to be submitted with premises licence application and it needs to set out details of:
- The core hours for on sale of alcohol
- The core hours for off sale of alcohol
- Any seasonal variations in the operation of the premises
- The principal activities relating to the sale of alcohol that take place on the premises
- Other activities that take place on the premises
- Whether the premises will operate late night opening hours
- Whether children and/or young persons are permitted on the premises (on sales only)
- The capacity of the premises
- The designated premises manager for the premises (this does not apply where the applicant is a members’ club)
This document will be attached to the premises licence once granted by the Board
Every premises licence must have a person named in the operating plan who is charge of the day-to-day running of the premises. This person is known as the “Designated Premises Manager” on the premises licence.
The Designated Premises Manager must be the holder of a personal licence and you may be required to produce evidence of that to the Board. Please see the Board’s Guidance on Personal Licences for further information.
Alcohol can only be sold in licensed premises where there is a designated premises manager and every sale of alcohol made on the premises must be authorised by the premises manager (either generally or specifically) or by another person holding a personal licence.
Members’ clubs do not require to have a designated premises manager named on their premises licence, nor does the sale of alcohol have to be authorised.
The Premises Licence (Scotland) Regulations 2007 set out what information requires to be shown on the layout plans accompanying the application. The regulations stipulate that a layout plan is to be drawn to the scale of 1:100 or such other scale as is agreed between the person submitting the plan and the Licensing Board to which it is to be submitted.
In the case of all premises, the plans must show:
- The extent and dimensions of the boundary of the building, if relevant, and any external and internal walls of the building, and, if different, the perimeter and dimensions of the premises to be licensed (including outside drinking areas)
- The location and names of any streets surrounding the premises from which members of the public have access to the premises
- The location and width of each point of access to and egress from the premises
- The location of any equipment used for the detection or warning of fire or smoke or for fighting fires
- The location of any steps, stairs, elevators or lifts on the premises
- The location of any toilets on the premises (identified as male, female or disabled, as appropriate)
- Any area on the premise set aside specifically for the use of children and young persons and
- Any area on the premises to which children and young persons will have access
For any premises providing sale of alcohol on the premises, the plans must also show:
- The use or uses to which each part of the premises will be put (under reference to the activities identified in the operating plan) For any premises providing sale of alcohol off the premises, the plans must also show
- The location of the area or areas (squares) to be used for the display of alcohol
- The maximum width and height (in metres) of the frontage to be used for the display of alcohol within that area or those areas
- The maximum linear measurement (in metres) of any displays of alcohol outside the frontage referred above