Alcohol Licensing Information
Licensing of premises where alcohol is sold is governed by the Licensing (Scotland) Act 2005 and associated regulations. In Orkney, alcohol licensing is overseen by the Orkney Islands Area Licensing Board, on which Orkney Islands Councillors sit.
More information about the Licensing Board and current licensing applications are available from the 'Related Links' section of this page.
Premises Licences
Premises are subject to a premises licence, covering all the activities carried on in those premises. These activities must be described in an operating plan, which forms part of the licence. The licence must also contain a floor plan of the premises, which must conform to relevant Regulations.
In addition, premises managers require to complete mandatory training and apply for a personal licence in order to be able to authorise sales of alcohol on licensed premises. Further information about Personal Licences is provided below.
To allow time for the statutory consultation process, applications for premises licences, provisional premises licences or major variations of premises licences must be submitted at least two clear months before the relevant meeting of the Licensing Board. An application received after that deadline may not be processed in time for the meeting. Details of meeting dates can be obtained from the Licensing Team using the contact details shown in the Making Contact section on this page.
An application for premises licences must be accompanied by a Disabled Access and Facilities Statement. The form of Statement is available from the Related Downloads section of this page. The Scottish Government has published Guidance to assist applicants. The link to the guidance is available from the Related Sites section of this page.
Outdoor Areas at Alcohol Licensed Premises and COVID-19
If an outdoor area is already licensed as part of the premises licence, it will be permitted to operate in accordance with, legislation, regulations and directions of the UK and Scottish Governments relative to the COVID-19 pandemic, whether relating to the protection of public health, restrictions of social gatherings, requirement for social distancing or otherwise.
If you are not sure whether an outdoor area is already licensed, you can check by contacting the Licensing Team using the contact details shown in the Making Contact section on this page.
If the outdoor area - or a new part of it - is not already licensed, the licensee can apply for an occasional licence to license the area temporarily. An occasional licence can be issued for a period of up to 14 days. A number of applications can be submitted at the same time to cover continuous periods of 14 days – please liaise with the Licensing Team regarding exact dates.
Licensees must complete an application form for occasional licence, published as Related Download (RD) numbered 20 on this page. This must be submitted together with:
- Payment of non-refundable application fees of £10 per application;
- A completed Risk Assessment, published as RD numbered 21 on this page;
- A plan showing the relationship between the new area and the existing licensed premises - its location and dimensions with access and egress points;
- Information about the number of people envisaged to occupy the space;
- Details of procedures designed to ensure physical distancing and hygiene measures; and
- Details of toilet facilities, including any procedures relating to physical distancing and hygiene.
All applications are dealt with on their merits, having regard to the specifics of new physical areas and implications for public health. The process can take approximately 6 weeks. The precise timescale will depend on responses received from the statutory consultees but, in all cases, we aim to process applications as swiftly as possible.
For a permanent Variation to include new outdoor areas within a licence, the Licensing Team will provide additional information on request.
Personal Licences
Personal licence holders may be premises managers, but applications can also be made by other persons. Further information is available in the Related Download called Guidance for applicants on this page.
Applicants must complete the Scottish Certificate for Personal Licence Holders at SCQF Level 6 training course to be able to apply for a personal licence.
Personal licence holders must undertake refresher training within 5 years of the date of issue of their personal licence and within each subsequent period of 5 years during which their licences have effect. Evidence must be submitted to the Licensing Board. The appropriate course is the Scottish Certificate for Personal Licence Holders (Refresher) at SCQF Level 6 and certificates for the full course will also be accepted.
Personal licences have effect for a period of 10 years and are capable of being renewed. Before licence holders can apply for renewal of personal licences, they must pass an up to date refresher training course or the full course.
Licensing boards are required to give personal licence holders notice of the requirement to undertake refresher training within the specified periods and to renew their licences.
Personal licence holders must keep the Licensing Board informed of any change of name or address. They must write to the Licensing Team using the contact details shown in the Making Contact section on this page and submit:
- their personal licence;
- 2 new passport photos;
- full details of their change of name, with documentary evidence, such as a copy of a marriage certificate; and
- full details of their new address, including post code, landline and mobile telephone numbers and their email address.
The following tables of fees which apply are available on this page:
- Table of Fees - Applications for Premises Licences.
- Table of Fees - Transfers of Premises Licences (which may include variation).
- Table of Fees - Variations of Premises Licences (which do not include transfer).
- Table of Fees - Other Applications.
Documents listed below are available from the 'Related Downloads' section on this page:
- 1. Guidance for applicants.
- 2. Application form for premises licence.
- 2A. Disabled Access Statement.
- 3. Operating Plan form.
- 4. Notice to be displayed at premises.
- 5. Form to Confirm that a Site Notice has been displayed.
- 6. Application form for personal licence.
- 7. Objections and representations - Premises Licence - Guidance and Form.
- 8. Confirmation of Provisional Premises Licence application form.
- 9. Licensing Board Policy.
- 10. Fire Safety Checklist for Permanent Structures.
- 11. Neighbour Information Pro-forma.
- 12. Application form for transfer of premises licence, including any variation proposed at the same time.
- 13. Application form for variation of premises licence (not transfer).
- 14. Notice to be displayed at premises where a variation has been applied for.
- 15. Objections and representations - Variations of premises licences - Guidance and Form.
- 16. Temporary premises licence application form.
- 17. Application form for occasional extended hours in premises.
- 18. Equality Monitoring Form.
- 19. Age Verification Policy (and signage) for Premises.
Occasional Licences
To allow time for the statutory consultation process, applications for occasional licences must be submitted as far in advance of the event as possible, but not later than four weeks before the event is due to take place. If the event is of an unusual or large scale nature, the application must be submitted not later than six weeks before the event is due to take place. Applications received after those deadlines may not be processed in time. Queries about processing timescales can be made to the Licensing Team using the contact details shown in the Making Contact section on this page.
The following documents are available from the Related Downloads section:
- 20. Occasional Licence Application Form.
- 21. Guidance for Risk Assessments for Occasional Licences and Extensions.
- 22. Age Verification Policy (and signage) for Occasional Licences.
- 23. Fire Safety Checklist for Temporary Structures.
Table of Fees - Applications for Premises Licences
The following table sets out the fees which have been determined for an initial premises licence application and the annual premises licence fee in terms of the Licensing (Fees) (Scotland) Regulations 2007.
| Category | Rateable Value of Premises between £ | Initial Fee | Annual Fee |
|---|---|---|---|
| 1. | Premises which have no rateable value, clubs and certain other premises. | £200.00. | £180.00. |
| 2. | 1 and 11,500. | £800.00. | £220.00. |
| 3. | 11,501 and 35,000. | £1,100.00. | £280.00. |
| 4. | 35,001 and 70,000. | £1,300.00. | £500.00. |
| 5. | 70,001 and 140,000. | £1,700.00. | £700.00. |
| 6. | Over 140,000. | £2,000.00. | £900.00. |
The initial fee is payable on making the application, and the annual fee will be due on 1 October each year.
Table of Fees - Transfers of Premises Licences (which may include variation)
| Category | Transfer Type | Fee |
|---|---|---|
| A. | Transfer on application of licence holder, which includes an application for variation of the premises licence. | £200. |
| B. | Transfer on application of licence holder, which does not include an application for variation of the premises licence. | £150. |
| C. | Transfer on application of person other than licence holder, which includes an application for variation of the premises licence. | £200. |
| D. | Transfer on application of person other than licence holder, which does not include an application for variation of the premises licence. | £150. |
Table of Fees - Variations of Premises Licences (which do not include transfer)
| Category | Variation Type | Fee |
|---|---|---|
| A. | Variation of any of the conditions to which the licence is subject. | £100. |
| B. | Variation of any of the information contained in the operating plan. | £100. |
| C. | Variation of the layout plan which results in inconsistency with the operating plan. | £100. |
| D. | Variation of the layout plan which does not result in inconsistency with the operating plan. | £20. |
| E. | Variation of the information contained or referred to in the licence. | £100. |
| F. | Where children and young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises. | £20. |
| G. | Variation of the information contained in the licence relating to the premises manager (including variation to substitute a premises manager). | £20. |
| H. | Application under section 31(1) of the Act i.e. the applicant requests that the variation to substitute another individual as the premises manager should have immediate effect and any other variation sought is a minor variation. | £31. |
Table of Fees - Other Applications
| Category | Licence type | Fee |
|---|---|---|
| A. | Temporary premises licence. | £800. |
| B. | Personal licence. | £50. |
| C. | Replacement personal licence. | £20. |
| D. | Occasional licence. | £10. |
| E. | Extended hours. | £10. |
Making Contact
Anyone requiring further information about this topic should contact:
- Licensing Team, Council Offices, Kirkwall, Orkney, KW15 1NY.
- By email
- By telephone: 01856873535 extensions 2229 or 2232.
If you would like to see someone in person to discuss a licensing matter please contact the Licensing Team to make an appointment.
Related Downloads
