Frazer Coogans Solicitors advise on new Scottish licensing laws

Published: Mon Apr 14 2008


Most owners of licensed premises and holders of off-sales licences will be aware of the important changes now underway to licensing law in Scotland.

The transition or transfer period from the present alcohol licensing legislation, the Licensing (Scotland) Act 1976, to the new legislation, the Licensing (Scotland) Act 2005, started on 1 February 2008. The transition period will run for nineteen months, until the 1 September 2009. All licences and regular extensions under the ‘old’ system in operation on 1 February 2008, when the transition period begins, will automatically be extended to 1 September 2009.

Under the 2005 Act there are two sorts of licence, and licensees need both - a Premises Licence, a licence authorising the sale of alcohol on the premises, and a Personal Licence which authorises an individual person to supervise or authorise the sale of alcohol. An applicant for a Personal Licence must be in possession of the new, prescribed, Licensing Qualification.

To apply for a new Premises Licence under the 2005 Act, a licensee must submit to the Council an Application Form (and the appropriate fee), an Operating Plan, and a Layout Plan. The provisions for the form of the Layout Plan are very detailed, and it is important that appropriate professional assistance is sought to prepare an acceptable Layout Plan.

Although the Scottish Government have given the impression that the application for the new licences is a straightforward one which most licensees can deal with themselves, in reality licensees will require to instruct the appropriate property professional who can provide a properly prepared Layout Plan of the Premises, and also to consult with their independent legal adviser to discuss and prepare their Operating Plan and the Application Form. Careful consideration is required of the detail to be incorporated in the Operating Plan and Application Form to avoid damaging complications at a later date.

The new licensing regime and the transition procedures will require licensees to undertake a substantial amount of preparatory work in advance of the final lodging date in order to ensure that the Application meets the necessary standards. In addition to the professional fees involved, the application fees for the new licence are set at a much higher level than those under the 1976 Act, and the high costs and the complexity involved in the transitional application process have led some licensees to seriously consider closing down their businesses prior to the start of the new licensing regime.

But Frazer Coogans Solicitors can reassure licensees that with the proper professional advice and assistance the complexity of transition can be successfully negotiated.

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Frazer Coogans Solicitors
Dalblair House
46 Dalblair Road
Ayr KA7 1UQ

Contact: Norman Geddes, Senior Partner
Tel: 01292 280499
Fax: 01292 611645
E-mail: norman@frazercoogans.co.uk
Web: http://www.frazercoogans.co.uk/

THE ELITE AYRSHIRE BUSINESS CIRCLE

Frazer Coogans Solicitors are members of The Elite Ayrshire Business Circle.

The Elite Ayrshire Business Circle is a newly formed association of some of the top companies in Ayrshire.

Its purpose is to publicise its members, and to celebrate and promote the rich diversity of industry, commerce and business services available within the county boundaries of Ayrshire.

Members include the Clydesdale Bank, Ayr Racecourse and the Western House Hotel, and member company activities include building and construction, architectural practice, estate agency and land management, chartered accountancy, insurance broking, legal services, golf club management, marketing services and brand creation, web design and public relations consultancy.

The Elite Ayrshire Business Circle runs its own online news magazine, which can be found at http://www.ayrshirebusinessnews.com

As well as regularly updated illustrated articles about member companies, Ayrshire Business News also features rolling news, business and sports headlines, and its own online department store.

For further information about The Elite Ayrshire Business Circle and to apply for membership, e-mail eliteayrshire@gmail.com

Founder members of the Elite Ayrshire Business Circle:

Clydesdale Bank http://www.cbonline.co.uk
Ayr Racecourse http://www.ayr-racecourse.co.uk
Western House Hotel http://www.westernhousehotel.co.uk
CKD Galbraith Property Consultants http://www.ckdgalbraith.co.uk
Frazer Coogans Solicitors http://www.frazercoogans.co.uk
Accident & Injury Claims Centre http://www.accidentclaims.com
MacKay Corporate Insurance Brokers http://www.mackaycorporate-brokers.com
Donald Ross Estate Agents: http://www.donaldross.co.uk
William Skinner & Son Building Contractors http://www.willamskinner.co.uk
Sinclair Scott Chartered Accountants http://www.sinclairscott.com
Paligap Creative Agency http://www.paligap.com
ARP Lorimer & Associates Architects http://www.arpl.co.uk
Brunston Castle Golf Club http://www.brunstoncastle.co.uk
Accident & Injury Claims Centre http://www.accidentclaims.com
Visimetrics http://www.visimetrics.com
Fouters Restaurant http://www.fouters.co.uk
Christie Financial Planning Ltd http://www.christiefp.com
Allison Lightbody Waddell Chartered Surveyors http://www.alwsurveyors.com
Kestrel Press http://www.kestrelpress.com
Fame Publicity Services http://www.famepublicity.co.uk

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