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  Glasgow Office
HBJ Gateley Wareing
146 West Regent Street
GLASGOW
G2 2RZ

MAP


T: 0141 221 8251
F: 0141 226 4799

Edinburgh Office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

T: 0131 228 2400
F: 0131 222 9800

Registered office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

Registered Number
SO300755
 


 
  Liquor Licensing
 
 
Q. Is it right that I need to obtain consent from the Licensing Board if I am proposing to carry out alterations to my licensed premises?

A. Yes – absolutely! Many people forget about this requirement. They obtain Building Warrants and Planning Consents but completely forget to ask the Licensing Board for permission. It is a common misconception that Licensing Board consent is only required for material alterations affecting a bar area. That is incorrect. Any proposed "reconstruction, extension or alteration" no matter how trivial, requires to be the subject of an application to the Board for consent before the work is carried out (unless the proposed works will not affect any "public" or "common" parts of the premises).

 
     
 
Q. Is it right that I cannot allow children under 18 years of age to be in my licensed premises?

A. No. The rules regarding the presence of children on licensed premises are complex and often misunderstood. The main prohibition in fact, has nothing to do with people under 18 but rather people under 14. In the case of premises which are subject to a public house or hotel licence, it is an offence to allow persons under 14 years of age to be in the bar area of the premises during the normal licensing hours. (Different rules apply to restaurant, restricted hotel and entertainment licensed premises).

 
     
 
Q. Is it right that I can obtain a children's certificate from the Licensing Board which will then allow me to have children anywhere in my premises?

A. Not quite, but close! If you hold a public house or hotel licence then you can apply to the Licensing Board for a children's certificate in respect of either the whole premises or just a part of the premises. If granted, then the certificate allows you to have people under 14 years of age on the premises (or approved part) but only between 11 am and 8 pm and provided that they are accompanied by a person of at least 18 years of age and are there to have a meal. Beware – many Licensing Boards attach quite onerous conditions to their children's certificates, for example, a prohibition on smoking.

 
     
 
Q. What licences do I need to operate a "fruit" machine on licensed premises?

A. You need two licences. Firstly, you need a gaming licence issued by HM Customs & Excise. The applications for these are usually dealt with by the companies who lease the machines to licence holders. Secondly, you need a gaming permit (sometimes called an Amusement With Prizes or AWP permit) issued by the Licensing Board (if you have a public house or hotel licence) or by the Local Authority's appropriate committee (if you have another type of licence).

 
     
 
Q. Do I need a gaming permit and a gaming licence for other types of machine, such as a Trivial Pursuit machine or a Space Invader's machine?

A. No. You only need gaming licences and gaming permits for "games of chance" as opposed to "games of skill".

 
     
 
Q. If I want to be allowed to keep my bar open late on a particular night for a function at my licensed premises, what sort of permission do I need?

A. You need to apply to the Licensing Board for an occasional extension of permitted hours. Most Licensing Boards have set policies on the hours in respect of which they will normally grant an occasional extension. Boards also usually have their own rules about how far in advance you must apply for the extension – usually somewhere between 14 and 28 days before the event.

 
     
 
Q. Do Licensing Boards have to issue reminders about expiry dates for licences?

A. No. There is no statutory obligation on Licensing Boards to issue reminders to licence holders. Some do, but many don't. It is important that you maintain your diary system for licence expiry dates.

 
     
 
Q. If I am selling my licensed premises and the purchaser is going to be seeking to have the licence transferred to them, can this only happen at one of the Licensing Board's quarterly meetings in January, March, June or October?

A. No. Transfers of licences can be dealt with in one of two ways. Firstly, they can be dealt with by a single stage transfer which can only be considered at one of the quarterly meetings in January, March, June or October. Secondly, they can be dealt with by way of a two-stage procedure. The first stage involves an application for temporary transfer which can usually be dealt with by the Licensing Board's Clerk under delegated powers and may take anywhere from about two to six weeks to process. That then needs to be followed up by an application for permanent transfer which does need to be considered at the next quarterly Board Meeting.

 
     
 
To discuss your requirements, please get in touch with:

Michael Fleming (Partner)
Telephone: 0141 221 8251
Email:

 

Frequently asked questions

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