Occasional licence
Licence summary
If you hold a premises licence, a personal licence or are from a voluntary organisation and wish to sell alcohol from premises that are not licensed, you may apply for an occasional licence. An occasional licence will be valid for no more than 14 days. Conditions will be attached to a licence.
Eligibility Criteria
A voluntary organisation may only be issued with an occasional licence if they have not had more than four occasional licences that last for four days or more or more than 12 licences that last for less than four days and that the licences issued do not cover more than 56 days in a 12 month period.
Regulation Summary
See the External Links section on this page for the regulation summary.
Application Evaluation Process
Applicants for an occasional licence must be either the holder of a premises licence, the holder of a personal licence or a representative of a voluntary organisation. Applications must be on a prescribed form and include the following information:
- the name and address of the licence holder
- a description of the premises where the licence was issued
- details of the activities carried out on the premises
- the time period for when the licence will have effect
- details of times when alcohol can be sold on the premises
- if alcohol is to be sold for consumption on or off the premises or both
- times when any other activities other than the sale of alcohol will take place on the premises
- where alcohol is to be sold on the premises whether children will have access to the premises and if so details of the ages of the children allowed to enter, the times when they are allowed to enter and the parts of the premises they are allowed to enter
- any conditions attached to a licence
- any other information required
The licensing authority will give notice to the local chief constable of the application. The chief constable can serve a notice recommending that the licence would put crime prevention objectives at risk. If a licensing board has not received any notice from a chief constable, a report from a Licensing Standards officer or a notice of objection or representation from any other person they must grant the application. If any of these have been received the board must consider if there are grounds for refusal. If so the application will be refused, if not it must be granted. Hearings may be heard when applications are being considered. If a hearing is not heard the applicant must be given the opportunity to comment on any notice or report.
The following are grounds for refusal:
- the premises in the application are excluded premises
- there are no exceptional circumstances for allowing the sale of alcohol over a 24 hour period or if the application requests the sale of alcohol off the premises before 10.00, after 22.00 or both
- the granting of the application would not be consistent with one or more of the licensing objectives
- considering the nature of the activites proposed, the location, character and condition of the premises and the types of people likely to visit the premises it is decided that the premises are unsuitable for selling alcohol
A licensing board must take into account any notice from a chief constable or report of a Licensing Standards Officer. Notification of a refusal or granting of an application will be given to the applicant, the chief constable, the Licensing Standards Officer and any person who gave a notice of objection or representation. A statement of reason can be requested by any person served with such a notice.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period
Apply online
Please see the External Links section on this page to apply online.
Failed Application Redress
Please contact your Local Authority in the first instance. Appeals against the refusal of an application must be made to the sheriff principal of the sheriffdom where the principal office of the Licensing Board is located.
- Appeals can only be made under one of the following grounds:
- the Licensing Board erred in law
- the decision was based on incorrect material facts
- the Licensing Board acted contrary to natural justice
- the Licensing Board used their discretion in an unreasonable manner
- if any of the following steps were taken and are disproportionate, that is that at a review hearing of a premises licence the licence was suspended, varied or revoked or the licence holder was given a written warning or that a personal licence was revoked, suspended or endorsed
Licence Holder Redress
Please contact your Local Authority in the first instance.
Consumer Complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
Other Redress
If a chief constable feels that if an occasional notice is granted it could affect crime prevention objectives they may serve a notice on the licensing authority specifying as much. This notice must be served within 21 days of receipt of the original application notice. Any person may object to an application by way of a notice to the licensing authority or make representations in support of the application or in relation to any conditions that should be attached to the licence. Appeals against the granting of an application must be made to the sheriff principal of the sheriffdom where the principal office of the Licensing Board is located.
Appeals can only be made under one of the following grounds:
- the Licensing Board erred in law
- the decision was based on incorrect material facts
- the Licensing Board acted contrary to natural justice
- the Licensing Board used their discretion in an unreasonable manner
- if any of the following steps were taken and are disproportionate, that is that at a review hearing of a premises licence the licence was suspended, varied or revoked or the licence holder was given a written warning or that a personal licence was revoked, suspended or endorsed