info@twcolaw.co.uk Phone: +44 7863 768741
Scottish Licensing Law Specialists

Licensing Law Specialists

Authoritative Advocacy Before Scottish Licensing Boards

Operating a hospitality venue, retail outlet, hotel, distillery, or short-term accommodation business in Scotland is strictly regulated by local authority Licensing Boards under the Licensing (Scotland) Act 2005 and recent civic legislation.

At Torquil Macleod & Co, our licensing solicitors represent hotel operators, restaurants, pubs, night venues, holiday cottage businesses, and HMO property investors across the Highlands, Glasgow, Edinburgh, and Aberdeen.

We guide clients through new premises licence applications, major variations (capacity expansions, outdoor drinking terraces), Designated Premises Manager (DPM) variations, Short-Term Let (STL) licensing, and represent premises before contentious Licensing Board review hearings.

Applying for or Varying an Alcohol Premises Licence?

Licensing Board Representation

Alcohol licensing in Scotland is based on 5 statutory Licensing Objectives: preventing crime, securing public safety, preventing public nuisance, protecting children, and protecting public health. We draft comprehensive Operating Plans and Layout Plans designed to overcome overprovision policies and Police Scotland objections.

Instruct Licensing Solicitor

Key Areas of Practice & Representation

Premises Licences & Major Variations

Securing new provisional and full alcohol premises licences under the 2005 Act.

  • Drafting Operating Plans, Layout Plans, and Section 50 Certificates (Planning/Building)
  • Major variations: increasing licensed hours, capacity, or outdoor areas
  • Transfer of premises licences during business acquisitions
  • Designated Premises Manager (DPM) appointments and variations

Short-Term Let (STL) Licensing

Navigating mandatory licensing for Scottish holiday cottages, B&Bs, and Airbnb apartments.

  • Applying for home sharing, home letting, or secondary letting licences
  • Planning permission control area compliance (e.g. Edinburgh and Highland zones)
  • Meeting mandatory safety standards: fire, legionella, EPC, and gas
  • Defending STL licence applications against neighbour objections

HMO Licensing (Multiple Occupation)

Securing mandatory HMO licences for rented properties with 3+ unrelated tenants.

  • Sheriff Court appeals against HMO licence refusals or conditions
  • Physical standards compliance: bedroom sizes, fire compartmentalisation
  • Fit and proper person assessments for property managers
  • 3-year renewal management across Glasgow and Inverness

Licensing Board Hearings & Reviews

Robust advocacy before local Licensing Boards when licences are challenged or reviewed.

  • Defending premises against Police Scotland Section 84 review applications
  • Mitigating noise nuisance and antisocial behaviour complaints from neighbours
  • Appeals against Licensing Board decisions to the local Sheriff Court
  • Occasional Licence applications for festivals and Highland outdoor events

The 4 Stages to Alcohol Premises Licence Grant

1

1. Section 50 Planning & Building Certs

Obtaining statutory certificates from local authority Planning, Building Standards, and Food Hygiene.

2

2. Application & Operating Plan

Submitting formal application, detailed architectural layout plans, and comprehensive operating plan.

3

3. Public Notice & Objections

Displaying 21-day site notice, advertising in press, and addressing Police Scotland consultations.

4

4. Licensing Board Hearing

Appearing before the Licensing Board committee to deliver legal advocacy and secure licence grant.

The 5 Statutory Licensing Objectives in Scotland

Statutory overview and comparative framework under Scots Law

Licensing Objective Practical Application in Operating Plan Key Evidence Required
1. Preventing Crime and Disorder CCTV coverage, SIA door stewards, strict age verification policies Police Scotland consultation response
2. Securing Public Safety Fire safety compliance, occupancy capacity limits, first aid trained staff Fire & Rescue Service inspection report
3. Preventing Public Nuisance Noise limiter installation, acoustic glazing, curfews on outdoor beer gardens Environmental Health acoustic assessment
4. Protecting Public Health Responsible drinks promotion, mandatory staff training, provision of free water National Health Service health board input
5. Protecting Children from Harm Challenge 25 policy, strict curfew for children/young persons on premises Clear signage and staff training logs

Overprovision Policies in Scottish Licensing Boards

Under Section 7 of the 2005 Act, Scottish Licensing Boards adopt overprovision policies declaring that certain localities have an excess of licensed premises. Applications for new off-sales or on-sales within an overprovision zone face a statutory presumption of refusal unless our solicitors demonstrate exceptional community benefit.

Rebutting the Presumption

Presenting economic, tourism, and high-quality food-led arguments to overcome overprovision.

Sheriff Court Appeals

Challenging unlawful or irrational Licensing Board refusal decisions.

Frequently Asked Questions

What is a Section 50 Certificate?

A mandatory certificate from the local authority confirming that planning permission, building standards, and food safety requirements are satisfied before an alcohol licence can be considered.

What qualifications does a Designated Premises Manager (DPM) need?

A DPM must hold a valid Scottish Personal Licence, requiring completion of the Scottish Certificate for Personal Licence Holders (SCPLH) course.

Do all holiday lets in Scotland need an STL Licence?

Yes. It is a criminal offence to operate any residential property as a short-term let in Scotland without a valid STL licence or temporary exemption.

What is an Occasional Licence?

A temporary licence (up to 14 days) allowing unlicensed premises or voluntary organizations to sell alcohol for special events, weddings, or festivals.

Transparent Fees & Retainer Options

We provide fixed fees for premises licence applications, variations, STL applications, and comprehensive hearing representation.

Instructing Partner

Robins Simon

Associates Partner

Direct partner supervision on all Scottish matters across our Inverness and Glasgow offices.

Schedule Call with Partner