Licensing (Scotland) Act 2005 – Section 142 – Draft Revised Guidance for Licensing Boards

Closed 11 Jun 2019

Opened 19 Mar 2019

Published responses

View submitted responses where consent has been given to publish the response.


Under the terms of Section 142(1) of the Licensing (Scotland) Act 2005, Scottish Ministers may issue guidance to Licensing Boards as to the exercise of their functions under the Act, which they must have regard to.

The current statutory guidance has recently been reviewed. The Scottish Government are seeking views on the draft revised guidance.

Why your views matter

The first guidance for Licensing Boards was issued in April 2007 to support them in the exercise of their functions under the Licensing (Scotland) Act 2005. One of the purposes of the guidance is for the Scottish Ministers to give guidance to Licensing Boards on the effect of the complex areas of, and interactions between, the legislative provisions.

The first guidance has not been substantially amended since it was issued to Licensing Boards. We are committed to updating it, aiming for it to reflect the range of associated primary and secondary legislation enacted since it was issued and for it to provide clarity for Licensing Boards.

Scottish Government officials, with assistance from a working group formed from members of the Council of the Scottish Institute of Licensing and others, such as Alcohol Focus Scotland and other health professionals, have reviewed the current guidance and have prepared a draft of revised guidance for Licensing Boards.

The purpose of this consultation is to invite views on the ‘Licensing (Scotland) Act 2005 – Section 142 Draft Revised Guidance for Licensing Boards’.

What Happens Next

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at If you use Citizen Space to respond, you will receive a copy of your response via email.

Following the closing date, all responses will be considered along with any other available evidence. Responses will be published where we have been given permission to do so.

Comments will be considered and the draft revised guidance may be amended if appropriate. In due course, revised guidance will be laid before the Scottish Parliament and issued to Licensing Boards.

Read the consultation paper.


  • Law and Order