• How can people object to an application for a new premises licence?
• What can people do if they think a premises is selling to underagers?
• What can people do if a premises is causing problems (noise, litter, etc)?
• What can people do if adults are buying alcohol for underagers?
• What can people do if there are underagers drinking in the street?

It’s possible that the person thinks the premises could be beneficial to the area, or think it would be OK but only in certain circumstances. (For example a new restaurant would be good but only if it was not open beyond 11pm.) Again the person can write to the Board expressing these views – this is called a ‘representation’.

• Granting the licence would be inconsistent with one of the five licensing objectives
• The premises is ‘excluded’ in terms of the Licensing (Scotland) Act 2005 (motorway service station, garage)
• An application for the same premises was refused within 1 year
• Given the nature of the proposed activities, the likely customers and the premises themselves, the premises are unsuitable for the sale of alcohol
• If the application were to be granted it would result in overprovision (i.e., too many premises of a particular type in that area)

Note that if the objector chooses not to attend the hearing, the Board may not give the objection as much weight as it would if the person is prepared to go to the meeting.

Please also note, that the Board has the right to reject an objection or representation if it considers it to be ‘frivolous or vexatious’. For example, a person who has very strong views against alcohol may decide to object to every application for a new licence in Scotland. This objection would be meaningless – even if someone chooses not to drink alcohol themselves, it is legal and people can apply to sell it or choose to drink it – and would waste time for Licensing Boards and the trade. That’s why the Board can deem it ‘frivolous or vexatious’ and, in that event, can claim back any expenses incurred by considering the objection.

The police can carry out test purchasing to check if the premises is selling alcohol to people under 18 years of age.

1. contact the local Council’s Environmental Health department
2. contact your Licensing Standards Officer or police
3. apply to your Licensing Board for a review of the licence

Let’s look at each of these in turn.

Contact details of the local LSO can be found on the Council website – normally under ‘liquor licensing’. The public can contact the LSO informally – or even anonymously – to discuss concerns; as well as being able to write a formal letter or email.

The public could also contact the police to discuss concerns – most areas have a licensing section. Obviously to report a particular disturbance or incident people should phone the local police station. The police record all calls to form a picture of what’s happening locally and target resources accordingly. People can also call Crimestoppers on 0800 555 111 – this can be anonymous – or dial 999 if it was urgent.

Any person can write to the Clerk to the Licensing Board applying for a review of the premises licence. The grounds for a review application are:

1. One or more of the conditions applying to the premises licence have been breached
2. Any other ground relevant to one or more of the licensing objectives

The person needs to detail which condition and/or which licensing objective(s) have been breached.

The Board will tell the premises licence holder that they have received a review application and will arrange a hearing – they will notify the applicant of the date for this and probably invite him/her to attend.

It’s worth bearing in mind that the Licensing Board is likely to check with the LSO and police if they have received any reports or complaints about the premises, so really, the first stage of the process for a member of the public would be to discuss concerns with the Licensing Standards Officer and/or police officer responsible for licensing. In addition, note that the Board will attach more weight to a complaint of it comes from several people rather than from one individual, so it’s worth while for the applicant to liaise with his/her neighbours and possibly submitting a petition.

The Licensing Standards Officer will be able to speak to the licence holder and check that all staff know what signs to look for that would suggest an adult is buying alcohol for a person under 18 – known as ‘proxy purchasing’ or ‘acting as an agent’.

The police will be able to monitor the premises and take action against any person acting as an agent.

The public could also contact the police to discuss concerns – most areas have a licensing section.

To report a particular disturbance or incident people should phone the local police station. The police record all calls to form a picture of what’s happening locally and target resources accordingly. People can also call Crimestoppers on 0800 555 111 – this can be anonymous – or dial 999 if it was urgent.