Licensing (Scotland) Act 2005: consultation on application fees for renewing personal licences

Background

1. Scottish local authorities and Licensing Boards have statutory functions in relation to licensing the sale of alcohol. The Scottish Government has a role in setting certain fees to be charged by Licensing Boards in the exercise of some of their functions. The level of fees set by the Government is subject to Parliamentary approval.

2. The main piece of legislation that controls the sale of alcohol is the Licensing (Scotland) Act 2005 (the 2005 Act). The 2005 Act balances the rights of the majority of people who drink responsibly against the need to protect local communities from nuisance and crime associated with misuse of alcohol.

3. A Licensing Board is a quasi-judicial body and consists of locally elected councillors, with support from local authority staff. However, a Licensing Board is an entirely separate legal entity from a local authority.

4. Licensing Boards are primarily responsible for regulating the sale of alcohol to the public within their particular area. The Boards carry out a range of functions, including granting and reviewing licences to sell alcohol.

5. This consultation relates to the 'personal licence', a key plank of the alcohol licensing regime.