Question
We run a restaurant and have the opportunity to purchase the unit next door. Our intention would be to expand into the space to create a larger restaurant, trading as one. Will we need to apply for a new licence or can we amend our current licence in some way? How long will this take?
Audrey Junner, Partner Hill Brown
Answer
You should be capable of achieving this with a variation to your existing licence. You will need to submit an application to the Licensing Board to vary your layout plan to show the new space and how it connects to the existing unit. I expect you will also look to increase your capacity to accommodate the additional covers created by the extension, in which case, this will constitute a major variation. You may also need to review your children and young person’s access. If you are content with your current capacity, as it’s perhaps over inflated as things stand, then a minor variation may be sufficient. Although you should be aware that if your restaurant is in Aberdeen it’s likely that they will insist on a capacity increase even if it is not being sought, so a major variation may be unavoidable. The timescales for a major variation vary significantly across the country. Best case scenario is 8 weeks, worst case scenario is 6 months. Although planning permission and building warrants are not necessarily a prerequisite of varying your licence remember that a major variation will be sent to the various departments for comment so you will need to ensure all of the relevant consents are in place so red flags are not raised during the process.
Question
I am a premises licenceholder and have received notification that l have been charged by the Procurator Fiscal of an offence under Section 1 of the Licensing (Scotland) Act. The charge sheet says it relates to the provision of televised sport out with the terms of the premises licence. Last month police officers visited the pub during an old firm match and said that there was no permission for televised sport and we turned it off as they insisted. There were no issues in the pub that day and they said it was just a routine inspection. I don’t understand, we have a premises licence, so how could a section 1 offence have been committed? This seems really harsh given we did as they asked.
Answer
The key words in section 1 are that alcohol can only be sold ‘under and in accordance’ with a premises licence. The premises licence includes your operating plan so in this case it does appear that an offence has taken place given that your operating plan doesn’t provide for this activity. It is unusual for the Fiscal to prosecute in these circumstances and your Solicitor may be able to negotiate a reduced penalty with them. If you are convicted of this offence you must notify the Licensing Board within a month and they have to make a proposal to review your premises licence, although this is set to change shortly. If you are also a personal licenceholder you are required to make a notification in relation to that licence as well. To avoid any further negative attention you should lodge a major variation if you are intending to show football again in the future.
Get in touch with Audrey if you have any questions – AJ@mshblicensing.com