Licence and permit applications - Alcohol licence - occasional

Anyone wishing to sell alcohol from an unlicensed premises.

You can apply for an occasional licence if:

• you are from a voluntary organisation
• or you hold a premises licence
• or you hold a personal licence to sell alcohol.

An occasional licence does not cover public entertainment activities. A separate Public Entertainment Licence is needed for this.

(Open in a new window)

• The Licensing (Scotland) Act 2005
• The Occasional Licence (Scotland) Regulations 2007 (PDF)

Apply online for an occasional licence

We will notify the local Chief Constable and the Licensing Standards Officer of your application.

The application will be advertised on this website for seven days.

We must grant the application if we have not received:

• a notice from a Chief Constable
• a report from a Licensing Standards officer
• a notice of objection or representation from any other person.

If any of these have been received, we must consider if there are grounds for refusal. If there are no grounds for refusal, we must grant the application.

Hearings may be heard when applications are being considered. If a hearing is not heard, you must be given the opportunity to comment on any notice or report.

Grounds for refusal

• The premises in the application are excluded premises.
• There are no exceptional circumstances for allowing the sale of alcohol over a 24 hour period, or if the application requests the sale of alcohol off the premises before 10:00, after 22:00 or both.
• Granting the application would be inconsistent with licensing objectives.
• The Chief Constable decides that the licence could put crime prevention at risk.
• It is decided that the premises are unsuitable for selling alcohol, given:
  • the nature of the proposed activities
  • the location, character and condition of the premises
  • the types of people likely to attend.

We will give notification of refusal to:

• you (the applicant)
• the Chief Constable
• the Licensing Standards Officer
• anyone who gave a notice of objection or representation.

Any of the above can request a statement of reason.

Appealing a refused application

You can only appeal if any of these is true:

• The Licensing Board erred in law.
• The decision was based on incorrect material facts.
• The Licensing Board acted contrary to natural justice.
• The Licensing Board used their discretion in an unreasonable manner.
• If any of the following steps were taken and are disproportionate:
  • at a review hearing of a premises licence the licence was suspended, varied or revoked
  • or the licence holder was given a written warning
  • or that a personal licence was revoked, suspended or endorsed.

Contact the Sheriff Appeal Court.

Midlothian Licensing Board
0131 271 3529
licensing@midlothian.gov.uk

Midlothian House
Buccleuch Street
Dalkeith
EH22 1DN