The new Premises Licence replaces the 7 forms of licence issued in terms of the Licensing (Scotland) Act 1976 (eg Public House, Hotel, Off-Licence, Entertainment etc. etc.). Premises licences can be held by an individual (over the age of 18), a company or an organisation.
Premises licences are transferable and do not have to be renewed but are subject to the payment of an annual retention fee – failure to pay the retention fee will result in the loss of the licence. Fee levels| are banded according to the rateable value of the premises concerned. Each premises must have a Designated Premises Manager who must be a Personal Licence| holder and a premises cannot be operated without a Designated Premises Manager being in place. A person can only be the Designated Premises Manager of one premises at a time.
New applications| must be accompanied by an operating plan| and a layout plan to a scale of 1:100 and appropriate certificates under *Section 50 of the Act relating to Planning, Building Standards| and Food Hygiene|.
*Note – Section 50 certificates are not required for transitional applications in respect of premises already licensed under the Licensing (Scotland) Act 1976.
Before submitting an application for a Premises Licence or a Provisional Premises Licence, intending applicants and their solicitors / agents should consider carefully the terms of the five licensing objectives as set out in The Licensing Scotland Act 2005 namely:
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preventing crime and disorder,
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securing public safety,
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preventing public nuisance,
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protecting and improving public health, and
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protecting children from harm.
and also the terms of the Falkirk Council Licensing Board - Statement of Licensing Policy setting out the Boards' views and expectations as to how the five licensing objectives and other matters should be addressed within its area.
Applicants are expected to provide appropriate written statements along with their applications and operating plans etc detailing all existing measures or measures proposed to be put into effect on all relevant matters to assist the Board in determining the application(s).
Following receipt of an application, the Board will make appropriate arrangements to advise persons having an interest in the immediate neighbourhood (within 4 metres) and will also make arrangements to include the application on the list of current applications| published on the Boards' website giving details of the last date by which objections and representations require to be made. Applicants will also be advised appropriately so that the required Statutory Notice can be posted on the application site. Notifications will also be given to the Community Council for the area where the premises are situated, Falkirk Council, the Chief Constable and Central Scotland Fire and Rescue Service.
Any person may make an objection| to an application on any relevant ground of refusal by way of a notice to the Licensing Board.
Any person may make representations| to the Licensing Board concerning an application:
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supporting the application
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requesting that modifications be made to the operation plan
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requsting that conditions be imposed should the application be granted.
The Licensing Board is responsible for providing copies of objections and representations to applicants.
Applications may be submitted for the variation of a premises licence – in these circumstances the licensing Board will notify all the parties previously referred to.