How to Object to a Liquor Licensing Application

A licence is required by anybody who wishes to sell alcohol to the public. The licence is granted for the premises from which the alcohol will be sold such as a pub, hotel, night club, restaurant or "off licence".

To get the licence an application is made to the East or West Licensing Board. The Board has control over:

New Licence and
Regular Extensions of standard opening hours for premises

Standard opening hours for licensed premises are:

Mon – Sat 11 am to 11 pm

Sun – 12.30 pm to 2.30 pm and 6.30 pm – 11 pm

With the exception of off-licences whose hours are

Mon – Sat 8 am to 10 pm

Sun – 12.30 – 10 pm

The basis for granting extensions of opening hours is that the social circumstances of the area, or activities taking place, justify extra hours. Examples might be shift workers finishing work when pubs would normally be shut, or people going for a drink after a visit to the theatre or cinema.

How you find out about licensing applications

All applications for new licences and regular extensions are advertised in the Local Press, about four weeks before the appropriate Licensing Board meeting.

Applicants for a new licence must also display a site notice outside the premises. This notice must be displayed for at least 21 days before the day of the Licensing Board meeting. A copy must also be sent to every other occupier within the building.

Who can object?

The following people and organisations can object to a licence application

Owners and occupiers of properties in the neighbourhood
Community Councils
Local Churches
Residents’ Associations
The Chief Constable
The Firemaster
Scottish Borders Council

How to write an objection

When you wish to object to a licensing application, you must write to the Clerk of the Licensing Board.

For new licences you objection must be based on Section 17 of the Licensing (Scotland) Act 1976. You must say in your letter which one or more of these categories is relevant:

"The applicant is not a fit and proper person to hold a licence." – Section 17(1)(a)
"The premises are not suitable for the sale of alcohol because of the location, character, condition, proposed use or possible clientele." – Section 17 (1) (b)
"The sale of alcohol is likely to cause undue public nuisance or a threat to public order of safety." – Section 17 (1) (c)
"There are enough licensed premises in the area already." – Section 17 (1) (d)

For regular extensions to opening hours you should

state why there are no grounds for extending the hours (for example the social circumstances don’t justify the hours) and/or
quote the 1976 Act. This states that the Licensing Board should not grant a regular extension if "…is likely to cause undue public nuisance or be a threat to public order or safety" – Section 64 (8).

Include as many details as possible in your letter of objection. You must state which of the reasons for refusal listed above applies, and include evidence if possible. For example, if you are objecting because there are enough licensed premises in the area already, then list all the nearby premises; if you want to say that there is already too much late-night noise and disturbance, give examples of times when you have been disturbed.

Remember to sign you letter of objection and give your address – anonymous letters cannot be considered.

When and how to send in your objection

The closing date for objections is given in the Newspaper advertisements and on the site notices. All objections must be received by the Licensing Board by that date – the Board cannot consider late objections.

Send or hand-deliver your original objection to the Board. The address and opening hours are given on the back of this leaflet.

You must also send a copy of your objection to the applicant by recorded delivery or by hand. Do not use first or second class mail for this purpose. If the applicant is a company, send your copy objection to the office address.

Petitions are usually accepted as evidence of general opposition to an application. If you are submitting a petition, you must send the original to the Licensing Board and a copy to the applicant.

What happens next?

Everyone who sends a letter of objection will be invited to attend the next Licensing Board meeting. The Licensing Board meets quarterly in January, March, June and October. The meetings are held in Council Area Offices or Halls. Board meetings are open to the public.

At the meeting, the applicant or their solicitor will explain why they think the application should be granted. You will then be asked to state your objection and Board members may ask questions. Finally, the applicant sums up and the Board decides whether to grant or refuse the application.

If there are several people objecting on the same grounds, you may wish to appoint a spokesperson to present your case. If you are unable to attend, you may wish to appoint someone to represent you. Even if you do not attend, the Board will still consider your written objections but you have no right of appeal.

You can ask the Clerk of the Board for the reasons for the Board’s decision within 48 hours of the meeting. He will write back to you with these within 21 days, although the response is usually much quicker.

Appeals

If the Board grants a new licence despite your objection you may appeal to the Sheriff but you will not be entitled to appeal if you have not attended the Licensing Board meeting.

The Sheriff must receive your appeal either within 14 days of the meeting or, if you requested the reasons for the Board’s decision, within 14 days of your receipt of the Clerk’s reply.

There is no right of appeal against granting regular extensions of opening hours. The Sheriff can only overturn a decision if the Board has made a legal or factual mistake, acted contrary to natural justice or exercised its discretion unreasonably.

Enquiries

East Licensing Board

Duns Area Office, 8 Newtown Street, Duns, TD11 3HS
Tel: 01361 882600 Fax: 01361 886111

Hawick Area Office, High Street, Hawick, TD9 9EF
Tel: 01450 375991 Fax 01450 364711

West Licensing Board

Galashiels Area Office, Albert Place, Galashiels, TD1 3DL
Tel: 01896 754751 Fax: 01896 662711

Peebles Area Office, Rosetta Road, Peebles, EH45 8HG
Tel: 01721 720153 Fax: 10721 6726311

Office Hours

Monday to Thursday 9am – 5pm
Friday 9 am – 3:45 pm