Alcohol premises licences
A premises licence is required for premises where the sale of alcohol is part of the business. An application can be made by an individual over the age of 18, a company or an organisation involved in the sale of alcohol. Premises licences are transferable and remain in force with no time limit subject to the payment of an annual fee. Failure to pay the annual fee will result in the loss of the licence. Fees are banded according to the rateable value of the premises concerned.
Premises, apart from members clubs, must have a designated premises manager who must be a personal licence holder. Premises cannot be operated without a designated premises manager. A person can only be the designated premises manager of one premise at a time. If your designated premises manager leaves for any reason, you must notify the Licensing Board within one week or you will not be able to continue selling alcohol.
Along with your premises licences application form you must send:
- an operating plan
- layout plans along with site plan (seven copies) on not larger than A3 paper
- Section 50 certificates from Planning, Building Standards (please contact firstname.lastname@example.org for both) and Food Hygiene (please contact email@example.com )
- the appropriate fee
Once we have an application, we will notify:
- Neighbours within 4 metres of the premises
- The police
- The local community council
- Fire Rescue Service
- The Council (Building Standards, Environmental Health, Planning and Environmental Protection)
You will be sent a site notice for you to display at or near the premises for a continuous period of at least 21 days. You must return a form confirming that the notice has been displayed after that time.
We will advertise the application on the East Lothian Council website (see below), with details of the last date by which objections and representations have to be made. Any person may make an objection to an application. We will give you a copy of any objections and representations.
Any person may make representations to the Licensing Board about an application:
- supporting the application
- asking for modifications to the operation plan
- asking for conditions to be imposed if the application is granted
Changes to Premises
If you want to:
- change any of the information in the operating plan
- change the layout plan of the premises
- change any of the conditions attached to a licence
- change any of the information in the licence
You will need to apply for a variation of premises licence. An application can only be made by the premises licence holder or their agent.
Certain applications for variation are 'minor' variations. Minor variations are:
- a change to the layout plan that does not change information in the operating plan
- restricting any of the terms on which children are allowed entry
- changing details of the existing premises manager or naming a new premises manager
The fee for minor variations is £20.00 except where you want to immediately change the premises manager when it is £31.00.
For all other types of changes, the fee is £150.00 and we let the same people know and follow the same steps as we do for a premises licence application. If there are changes to the layout plan, the application must be accompanied by seven sets of the layout plan along with an amended operating plan. You must send the Premises Licence with the application to vary and if this is not available, you must tell us why.
Transfer of a Premises Licence
A premises licence can be transferred to any company or person except individuals under the age of 18 years. You must send the premises licence with your application to transfer and if it cannot be produced you must tell us why.
The premises licence holder or their agent can apply for a transfer any time. Any other person can apply when:
- a licence holder is dead or has become incapable
- a licence holder is insolvent or has been dissolved
The fee for a transfer of premises licence is £37.50. If you want to vary the premises licence at the same time as it is transferred the fee is £170.00.
Requesting a Review of a Premises Licence
In terms section 36 of the Licensing (Scotland) Act 2005, any person may apply to their local Licensing Board for a review of a premises licence allowing the sale of alcohol.