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 processing of occasional licence applications places a considerable resource burden on Boards. The District of Stirling Licensing Board determined 587 occasional licence applications in financial year 2018/19. Determining such an application can often involve liaison with applicants (particularly as many applicants for these licences are less familiar with the local and legislative licensing framework). That is in addition to the statutory requirements to advertise, consult with the Police and Licensing Standards Officer and then determine and issue the licence. The current licence fee of £10 is not representative of the work involved in determining an occasional licence application. It is comparatively very low to the fees chargeable for similar licence applications (for example, personal licence applications and renewals at £50).

The processing of this application is similar to the application for personal licence (with the addition of having to advertise) and so a similar fee would be appropriate.

The Board would potentially be supportive of a fee higher than £50 if a lower fee were to be set for voluntary organisations and/ or charities. The fee shouldn’t be set at such a level as to prevent such organisations from being able to appropriately obtain an occasional licence.

See above.

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Certain comparable gambling applications processed on behalf of Licensing Boards, can attract a fee of £50 and place a similar demand on Board resources. Also, personal licence applications and renewals, as referenced above (charged at £50).
Civic licences are processed on behalf of the Council, rather than the Licensing Board, and the fees are not prescribed by legislation as they are for liquor licences. Therefore the fees for civic licences are able to be reviewed annually and generally attract a higher fee which is more reflective of the work involved in administration. For example, a temporary public entertainment licence has a fee regime which starts at £119 (community events). Taxi Booking Office licence applications attract a fee of £119. It is acknowledged that such applications go through a wider consultation exercise than occasional (liquor) licence applications however the administration of certain civic licence applications is otherwise comparable.

The Board agrees that legislation should seek to prevent occasional licences from being used to facilitate the sale of alcohol at a premises over a period of time, in the absence of a full premises licence. However, any regulation should, in the Board’s view, take account of the fact that those holding a personal licence, caterers for example, may legitimately apply for repeated occasional licences in connection with their business. The Board would suggest that the mischief to be addressed here is the use of repeated occasional licences at the same premises, which would suggest a premises licence is more appropriate. The Board’s view is that any amendments to legislation should not limit those genuinely looking to licence occasions/ events. Our concern is with consecutive applications for the full period allowed (14 days), which under current framework can continue indefinitely.

The Board considers that any such limit should be dependent on whether the applications relate to the same premises, rather than a numerical limit being placed on an applicant.

Assuming an occasional licence would continue to be granted for a maximum period of 14 days, the Board would suggest that no more than four consecutive licences (equating to approximately two months) should be granted in a 12 month period. The Board would not wish to hinder legitimate seasonal offerings under occasional licences for example, as have been applied for locally.

As covered above, certain businesses may not require a full premises licence due to the nature of the functions they cater for. Repeated occasional licence applications for designated events would continue to be appropriate in such circumstances.

The Board has no issue with the present provision of up to 14 days per occasional licence.

As above, four consecutive licences (approx. two months) for any one premises (to clarify, this should not be linked to an occasional licence being applied for on the basis of the same existing premises licence, but apply any occassional license for the sale of alcohol at the same address). If a ‘premises’ is proposed to be used more regularly than that, then it is the Board’s view a full premises licence should be required, to ensure they are complying with the same standards and conditions as permanently licensed premises.

Clarity as to the definition of a voluntary organisation in legislation would be of assistance to Licensing Boards.