The Licensing (Scotland) Act 2005 allows the following people to apply for an Occasional Licence:
- The holder of a premises licence
- The holder of a personal licence
- A representative of any voluntary organisation,authorises the sale of alcohol in any premises where a licence is granted for a period of not more than 14 days.
There are limits on Occasional Licences that can be applied for by Voluntary Organisations and Clubs:
In any period of 12 months there can be
- No more than 4 with a duration of 4 days or more, and
- No more than 12 with a duration of less than 4 days,
and the 12 month total cannot exceed 56 days.
A Voluntary Organisation can only have an Occasional Licence for an event taking place in connection with its activities
An Occasional Licence is only available where the Premises are not already licensed for the sale of alcohol (except that a Club may apply for a Licence for its own Premises).
Notification of the application is required to remain on the website for a continuous period of 7 days. The Chief Constable can give notice recommending refusal of the application within 21 days of receipt of the application. The Licensing Standard's Officer may submit a report with their comments on the application within 21 days of receipt of the application.
Any person may object to an Occasional Licence application within the period of 7 days starting on the day when details are published on the web site
If the Licensing Board receives notice of an objection/representation, they will send a copy of the notice to the applicant and have regard to the objection/representation when considering the application at a hearing. The Licensing Board may reject an objection or representation if it is frivolous or vexatious.
The Licensing Board will grant the application if it does not receive any notice or objection/representation
Because of the timetable set down by the legislation, applications must be lodged at least 28 days prior to the occasion. Applications lodged within that period will not be accepted.
If any of these happen:
- There are objections of representations, or
- There are any comments from the Police or LSO,or
- The Applicant wants the Board to change the Standard Conditions (the Board cannot change the Schedule 4 Conditions)
the process is likely to take much longer than 28 days because the Application must be considered at a Meeting of the whole Licensing Board.