The Licensing (Scotland) Act 2005 is a law that regulates how alcohol is sold and consumed in Scotland. It was introduced to ensure that alcohol is sold in a way that promotes public safety, prevents alcohol-related harm, and helps local communities.
In simple terms, this law sets rules on who can sell alcohol, when they can sell it, and what they need to do to ensure it’s sold responsibly.
This law is essential because it helps protect people by ensuring that alcohol is sold responsibly and not abused. It also makes sure that people selling alcohol are trained and that there are rules in place to stop alcohol being sold to minors (under 18s). The law also protects communities by giving local councils the power to decide where and how alcohol can be sold.
There are three main types of alcohol licences in Scotland. Here’s a quick overview to help you understand what each one is used for:
Licence type | What it’s for |
Premises licence | Pubs, shops, restaurants, nightclubs. |
Personal licence | A person in charge of alcohol sales. |
Occasional licence | Short term events, like festivals. |
Let’s look at each one in more detail.
A Premises Licence is for businesses like pubs, clubs, restaurants, and shops that want to sell alcohol. To get this license, the business must apply to the local council (Licensing Board) and prove that they meet all the legal requirements, including things like:
A Personal Licence is required for the person in charge of selling alcohol. This person must have training in responsible alcohol sales and must follow the rules in the Licensing Act. Without this licence, the person cannot sell alcohol, even if the business has a Premises Licence.
An Occasional Licence is for special events, such as weddings, festivals, or one-off events where alcohol is sold temporarily. This licence is different from the other two because it’s for short-term sales. You’ll need to apply for this licence if you’re hosting an event that involves selling alcohol.
Applying for a licence in Scotland is a necessary process. The application varies slightly depending on which type of licence you’re after. Let’s look at the basic steps:
To apply for a Premises Licence, the business must:
Once everything is submitted, the Licensing Board will review the application and decide whether to grant the licence.
To apply for a Personal Licence, the applicant must:
For an Occasional Licence, the process is simple:
Planning a short-term event or running a pop-up bar? You may need an Occasional Licence, which allows you to sell alcohol on a temporary basis. While a personal licence isn’t mandatory for this, completing relevant training can help ensure you’re complying with the law.
Here are a few common mistakes people make when applying for an alcohol licence in Scotland and how to avoid them:
By avoiding these common mistakes, you can ensure a smoother application process and improve your chances of successfully obtaining your alcohol licence.
The Licensing (Scotland) Act 2005 also sets rules for when alcohol can be sold. Here’s what you should know:
These rules are in place to ensure that alcohol is not sold at unreasonable times, like very late at night, to help reduce alcohol-related harm.
Before you start selling alcohol under any licence, there are a few important rules that every business or event must follow. These apply to all licence holders, whether it’s a shop, a pub, or a temporary event like a festival.
Rule | What it Means |
Free tap water | You must offer tap water for free if alcohol is being sold on-site. |
No “drink all you can” deals | You can’t run offers that encourage drinking a lot of alcohol quickly or cheaply. |
Fixed alcohol measures | Alcohol must be sold in standard sizes: 25ml (spirits), 125ml (wine). |
Challenge 25 policy | You must display signs and check ID if the buyer looks under 25. |
One crucial part of the law is the requirement for clear signage. Businesses that sell alcohol must display signs that show:
This signage ensures that both staff and customers are aware of the rules and helps to promote a safe drinking environment.
Failing to follow the rules of the Licensing (Scotland) Act 2005 can result in serious consequences for businesses. These include:
Recommended Courses on Hurak
If you’re planning to sell alcohol in Scotland, it’s essential to complete the proper training. For anyone applying for a Personal Licence, the Scottish Certificate for Personal Licence Holders (SCPLH) is a legal requirement. This course teaches you everything you need to know about alcohol laws and responsible sales.
You can also find hospitality-focused training that covers everything from customer service to food safety, handy if you’re running a venue like a pub, café, or restaurant.
In Scotland, if you hold a Personal Licence, you’re legally required to complete refresher training every five years to keep your licence valid. This training ensures you stay current with any changes in alcohol laws and licensing regulations.
The refresher course is shorter than the original SCPLH training, but just as important. Failing to complete this training on time could result in your licence being revoked by the Licensing Board.
Book your SCPLH Refresher Course
Make sure to complete your refresher course well before the deadline, ideally at least 3 months in advance, so there’s time to submit proof to your local Licensing Board.
The Licensing (Scotland) Act 2005 is a crucial law that helps control the sale of alcohol in Scotland. It ensures that alcohol is sold responsibly, protects the community, and helps businesses comply with clear guidelines.
If you’re thinking about opening a business that sells alcohol or hosting an event that involves alcohol, it’s essential to understand the licensing process and requirements. The law is there to protect both you and your customers, so always make sure to apply for the correct licenses and follow the rules.
A Premises Licence is needed for businesses that want to sell alcohol on their premises. It allows them to sell alcohol to customers during specific hours.
To apply for a Personal Licence, you must complete a training course and submit an application form to the local Licensing Board, along with a criminal record check.
Yes, if you’re hosting an event, you can apply for an Occasional Licence to sell alcohol temporarily. You must apply in advance and provide the details of the event.
Not displaying the required signage could result in fines or even losing your alcohol licence.
