The Licensing (Scotland) Act 2005 – Consultation on reviewing the fee for occasional licences and considering a limit on the number and duration of occasional licences

The existing fee for occasional licence applications, like liquor licensing fees generally, has not been increased since the Licensing (Scotland) Act 2005 came fully into force on 1st September 2009. The Regulations which currently apply in relation to liquor licensing fees in Scotland, the Licensing (Fees) (Scotland) Regulations 2007, state that where the Board has the discretion to determine a fee, the Board is to have regard to the desirability of ensuring that the total fees payable under these Regulations are likely to be broadly equivalent to the expenses incurred by the Board, and the council for the area of that Board, in administering the Act generally during that period.

While we appreciate that the Board has no discretion in relation to the occasional licence fee, which is set at £10 in terms of the above Regulations, we do not think that the current fee is in accordance with this general principle of ensuring that fees payable are broadly equivalent to the expenses incurred, having regard to the processing requirements for these applications as detailed further below. It is also notable that, in the last three financial years since the requirement for publishing an Annual Financial Statement was introduced, Renfrewshire Licensing Board has reported a deficit of income in relation to expenditure.

As a minimum, occasional licence applications require to be checked on receipt by Licensing Board staff (returned to the applicant if necessary), notified to Police Scotland and the Licensing Standards Officer and advertised by the Board. What happens thereafter depends upon what responses are received. It is not uncommon for responses to be received, for example from Police Scotland. Any responses received need to be intimated to the applicant for the licence prior to a decision being made (or alternatively a hearing would need to be arranged before the Board). In Renfrewshire, the Statement of Licensing Policy allows these applications to be considered by two Board Members, where objections have been received, once the procedure above has been completed.

Given the procedure involved in an occasional licence application and having regard also to the level of licensing fees charged by local authorities for processes with similar requirements, we are of the view that the current fee of £10 should be increased.

We are of the view that there is an argument for a higher fee, of £75, to reflect the amount of work involved in these applications.

Ideally, however, the Board would welcome a fees structure whereby a lower fee (perhaps £50) might apply to not for profit local events, such as gala days, with the £75 fee applying to other applications for occasional licences.

We also recognise that there are a number of premises which have obtained a premises licence but who obtain occasional licences on a fortnightly basis to allow alcohol to be sold in outside areas which are not part of the premises, such as pavements. We acknowledge that it may be desirable for a lower fee to apply in these circumstances.

We appreciate however that these charging structures would involve a departure from the current fees structure and that this has not been raised as an option in the consultation document.

We consider that this fee would reflect the amount of work involved in processing occasional licence applications.

We also recognise that occasional licence applications may be for an event/ occasion, as distinct from an application to allow unlicensed premises to be licensed for a period of 14 days at a time. We would be concerned that, if the fee for an occasional licence were to be any higher than £75, the level of fee would be prohibitive for those organising small events such as Christenings or birthday parties.

We refer to our comments at Answer 4 in relation to the possibility of a lower fee being retained for local events or external licensed areas.

We consider that £75 would be an appropriate level of fee. We consider that a fee of £100 would be prohibitive for some applicants. We refer to Answer 6.

Not applicable. However, we refer to our comments at Answers 4 and 6, relative to the desirability of retaining a lower fee for certain types of occasional licences.

As stated at Answer 1, Renfrewshire Licensing Board, since annual financial reports were introduced in 2017 in relation to liquor licensing, have reported a deficit of income in relation to expenditure each year. The deficit reported in 2019, although based partly on estimated figures, is in excess of £50,000.

In Renfrewshire, 544 occasional licence applications were considered in 2018-2019. It is our view that fees for occasional licence applications require to be increased to ensure that Licensing Boards recover their costs.

We have concerns in relation to the same premises being able to be licensed continuously by way of a series of occasional licences without the regulatory requirements which apply in relation to premises licence applications being fully met. It is the ability to license the same premises for a continuous and indeterminate period which concerns us. We are not concerned by premises licence holders or personal licence holders applying regularly for occasional licences for individual events, such as weddings, and therefore would not seek, in principle, an extension of the numerical limits on the number or duration of licences, which currently apply to voluntary organisations under section 56(6) of the Licensing (Scotland) Act 2005.

We do not propose any limit. As stated at Answer 12, our concerns relate to the same premises being able to operate continually by way of a series of consecutive occasional licences.

Reference is made to Answers 12 and 13. We are not persuaded that this is the correct approach. A local town hall or other premises may not be licensed, but may run events such as weddings or functions on Friday and Saturday nights, possibly with different premises/ personal licence holders applying for the occasional licences each time. We think this flexibility should remain. Our main concern is in relation to those premises which sell alcohol continuously under a series of licences issued to the people running the premises, who delay applying for their premises licence.

We are not persuaded that this is the most appropriate approach either. As stated above, the same applicant may regularly provide a bar service at various premises which are otherwise unlicensed, in connection with weddings, parties and other events. We consider that this flexibility should continue.

We would not seek this approach in principle. We prefer the approach set out at Answer 17. However, we do recognise that, were the proposal we have set out at Answer 17 to be implemented, there is a risk that licensed premises might operate for the maximum period under a series of occasional licences and then, following a brief cessation, apply for a further series of licences. We appreciate that the subsection of the Act which would allow the approach below (at Answer 17) refers to limiting “the number of continuous days”. We appreciate that it may be difficult to circumvent this potential risk without amending the regulation-making powers in the primary legislation, or by also setting limits, as suggested in Question 16, on the number of days when occasional licences may have effect in relation to the same premises.

We consider that individual premises should not be able to trade indefinitely- and certainly not for a period of more than 52 weeks (hence, 364 days) as an absolute maximum- on a series of occasional licences. We appreciate that the Scottish Government might ultimately favour a shorter period. However, we suggest this period, having had experience of well-run local businesses who have been able to trade by way of occasional licences but who also have been unable to have their licence confirmed for some months thereafter due to extraneous circumstances. A limit of 52 weeks would improve the existing regulatory position, under which no limit on the period covered by occasional licences applies at all.

We do however recognise that such an upper limit could potentially cause issues for those who wish to license external areas near their licensed premises by way of occasional licences all year round.

No.