The Premises Licence (Scotland) Regulations 2007

Made: 9th October 2007

Laid before the Scottish Parliament: 11th October 2007

Coming into force: 1st February 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2)(b)(ii) and (4), 26(1) and (2)(f), 134(1), 146(2) and 147(1) of the Licensing (Scotland) Act 2005[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Premises Licence (Scotland) Regulations 2007 and come into force on 1st February 2008.

Premises licence

2

A premises licence–

• (a) is to be in the form set out in Schedule 1; and

• (b) is also to contain the operating plan and layout plan in respect of the premises to which the licence relates.

Summary of premises licence

3

A summary of any premises licence required to be issued under section 26(1)(b) of the Licensing (Scotland) Act 2005 is to be in the form set out in Schedule 2.

Application for a premises licence

4

• (1) Subject to paragraph (2), an application for a premises licence is to be in the form set out in Schedule 3.

• (1) An application for a premises licence lodged no later than 16th January 2009 may also include the additional material set out in Schedule 4.

Layout plan

5

• (1) A layout plan is to be drawn–

• (a) in a scale where 1 millimetre represents 100 millimetres; or

• (b) in such other scale as may be agreed between the person submitting the plan and the Licensing Board to which it is to be submitted.

• (2) A layout plan–

• (a) is to show the matters specified in paragraph (3);

• (b) is to show the matters specified in paragraph (4) in the case of premises to be licensed for the sale of alcohol for consumption on the premises;

• (c) is to show the matters specified in paragraph (5) in the case of premises to be licensed for the sale of alcohol for consumption off the premises; and

• (d) may include a legend through which the matters mentioned or referred to in those paragraphs are sufficiently illustrated by the use of symbols on the plan.

• (3) The matters specified in this paragraph are–

• (a) the extent and dimensions of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter and dimensions of the premises to be licensed (including outside drinking areas);

• (b) the location and names of any streets surrounding the premises from which members of the public have access to the premises;

• (c) the location and width of each point of access to and egress from the premises;

• (d) the location and width of any other escape routes from the premises;

• (e) the location of any equipment used for the detection or warning of fire or smoke or for fighting fires;

• (f) the location of any steps, stairs, elevators or lifts on the premises;

• (g) the location of any toilets on the premises (identified as male, female or disabled as appropriate);

• (h) any area on the premises set aside specifically for the use of children and young persons; and

• (i) any area on the premises to which children and young persons will have access.

• (4) The matters specified in this paragraph are the use or uses to which each part of the premises will be put (under reference to the activities identified in the operating plan).

• (5) The matters specified in this paragraph are–

• (a) the location of the area or areas to be used for the display of alcohol;

• (b) the maximum width and height (in metres) of the frontage to be used for the display of alcohol within that area or those areas; and

• (c) the maximum linear measurement (in metres) of any displays of alcohol outside the frontage referred to in head (b).

Operating plan

6

An operating plan is to be in the form set out in Schedule 5.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

Signed

KENNY MACASKILL — A member of the Scottish Executive — 9th October 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in connection with premises licences under Part 3 of the Licensing (Scotland) Act 2005 (“the Act”). The form of a premises licence and of a summary of such a licence are set by regulations 2 and 3 and Schedules 1 and 2. Regulation 4 and Schedules 3 and 4 set down the form of an application for a premises licence. In terms of section 20(2) of the Act, any application for a premises licence requires to be accompanied by a layout plan and an operating plan. Regulation 5 makes provision as to the layout plan and regulation 6 and Schedule 5 prescribe the form of an operating plan.

Footnotes

[^f00001]: 2005 asp 16; see the definition of “prescribed” in section 147(1).