Scottish Licensing
John Gaunt & Partners offer a comprehensive licensing service in Scotland and are experienced in dealing with applications under the new Licensing (Scotland) Act 2005. Amongst those national operators who have retained us for Scotland is Whitbread, to deal with all their Scottish sites.
We have dedicated members of our solicitors and para-legal teams trained to deal with Licensing in Scotland and we maintain a comprehensive database detailing the various Licensing Boards and their varied forms and fees.
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Our central location is ideal enabling us to comprehensively cover England, Scotland and Wales.
Not only are we able to appear before many of the Licensing Boards in a cost effective manner, we attend and provide training courses in Scotland (Scottish Certificate for Personal Licence Holders). On occasion, it is appropriate to use a Scottish advocate, particularly in relation to certain regulatory work and we maintain strong links with leading Scottish Lawyers in this field.
If you sell alcohol to members of the public you can only do so where you hold a Personal Licence, or a Personal Licence Holder has authorised the sale.
Prior to applying for a Personal Licence, you need to have obtained an approved qualification and we recommend the British Institute of Innkeepers (BII) approved course - the BIIAB Level II Scottish Certificate for Personal Licence Holders (SCPLH).
If you need a Personal Licence, contact our team who will be pleased to deal with you personally and provide the appropriate Licence Application pack.
"One Stop Shop" - John Gaunt & Partners were the first to provide a "one stop shop" where we deal with your training and legal requirements in an efficient and hassle free manner. Attend one of our courses for the SCPLH and we will use that opportunity to complete the appropriate forms with you and deal with all formalities to enable us to process your Personal Licence Application.
If your premises sell alcohol, you need a Premises Licence and there must be a Designated Premises Manager (DPM) nominated on that Licence. A DPM must hold a Personal Licence.
If you are to be appointed as a DPM or if you are arranging a DPM at one of your premises, you need to apply to vary the Premises Licence to show that appointment. We recommend that the application should be made in advance of the change although it can be lodged within six weeks. However the departure of the DPM must be notified to the Board within seven days for trading to continue.
If you need to lodge an application to vary the Premises Licence to change your DPM, please contact our team who will be delighted to take the appropriate instructions and deal with the necessary application
Although the DPM may not always be present at the premises, the DPM should be the person who is in effective day to day control and identified in charge of trading.
A Premises Licence Holder can be a corporate entity or an individual or a group of individuals. An application to Transfer the Licence can be made by the existing Premises Licence Holder or by the proposed Licensee.
If you are taking over premises, you need to apply for the Transfer of the Premises Licence to you. If you are leaving a business having held the Licence, you need to ensure that that Licence is transferred away from you and your responsibility for operating the site has ceased
At John Gaunt & Partners, we adopt a commercial approach and appreciate that in many cases, on taking the transfer of the business, you will also be varying the Licence to appoint a new Designated Premises Manager (DPM). We provide a combined service dealing with both applications with the appropriate cost saving to you. Please contact one of our Solicitors to discuss your requirements.
The Premises Licence Holder can apply to extend the hours of the Premises Licence for a special event or occasion at the premises or a special event of local or national significance.
Our legal team would be delighted to advise as to whether an event would qualify for an extended hours application and to deal with that application on your behalf.
Please do not hesitate to contact any of our Solicitors to review generally your requirements in respect of your Scottish Premises Licence.
To operate an amusement with prizes machine at your premises, you need an appropriate type of Permit.
Following the inception of the new Gambling Act 2005, if applying for permission to place machines in your premises now, you will need to either serve a Licensed Premises Notification (LPN) permitted up to 2 machines at each site or a Licensed Premises Gaming Machine Permit (LPGMP) for 3 or more machines. If you take over premises with permissions in place, you will either need to re-serve an LPN (where the Premises Licensee has changed) or similarly transfer the existing LPGMP).
Your premises may have the benefit of a Permit issued under the Gambling Act 1968 which can have expiry dates up to August 2010. Prior to the expiry or if there is a change of Licensee, it will be necessary to convert to the new style LPGMP or LPN.
Our team deal with many applications for Gaming Permissions and Permits and will be pleased to advise you as to your requirements and deal with any necessary application. John Gaunt & Partners are specialists in providing gambling advice.
Certain matters can be dealt with by way of a minor variation to your Premises Licence including changing the layout to your premises where this does not effect the Operating Statement. Further clarification is still awaited from the Department of Culture Media and Sport as to what additional matters may be considered to be minor and take the benefit of this abbreviated procedure.
Our Solicitors would be delighted to review with you your present Premises Licence and your requirements in respect of any variation. Please do not hesitate to contact Kate Redford or Tim Shield at the first instance.
If you are looking to acquire a site and require advice on the licensability of that site or where the site has an existing Premises Licence and require advice as to its effect and restrictions, John Gaunt & Partners would be delighted to provide you with the appropriate service through one of our specialist licensing Solicitors.
At John Gaunt & Partners we pride ourselves on providing high quality and commercial advice and in seeking to work closely with Scottish Licensing Boards and Licensing Standards Officers. For general advice on issues relating to your Premises Licence or regulatory matters, please contact one of our specialist licensing Solicitors and they will be pleased to assist. We provide a comprehensive service for day-to-day licensing requirements which covers Scotland as part of our General Management Services.