Licensing FAQs
Civic Government (Scotland) Act 1982
Where can I get Licensing application Forms from?
All Civic Government licence application forms can be obtained from the local authority for the area in which you wish to operate. Contact information is listed above.
Taxi – Private Hire
What is the difference between a taxi and a private hire vehicle?
There are a number of differences between a taxi and a private hire vehicle, full details of which can be obtained from the local authority. All taxis are issued with yellow plates, whereas private hire vehicles are issued with white plates.
With regards to the way in which they operate, a taxi can be hailed in the street, or entered when parked at a taxi rank. No prior booking is necessary. This is not the case with private hire vehicles, which must be pre-booked, they are not allowed to pick up passengers that have not been pre-booked. In addition private hire vehicles are not allowed to use taxi ranks.
Do taxi drivers or private hire drivers have to wear a seatbelt?
They are not obliged to wear a seatbelt when they have a fare, however they should wear one when they are not carrying any passengers.
Do taxi drivers have to take a dog in their vehicle?
No. However the exception is Guide Dogs, which must be allowed in the vehicle.
How do I make a complaint against a taxi or private hire driver?
All complaints, including complaints from members of the public must be in made in writing to the local authority.
Licensing (Scotland) Act 2005
What is a personal licence?
A personal licence allows an individual to authorise the sale of alcohol. This licence lasts for 10 years and can be used across Scotland. To hold a personal licence you need to be 18 years old or over and possess a licensing qualification.
It is the responsibility of the licence holder to notify their local Board of any changes of name, and/or address and provide notice if they are convicted of a relevant offence. It is an offence to apply for another personal licence if you already hold one.
To consider your training options you should contact the Scottish Qualifications Authority, which will be able to provide you with details of accredited training providers that can offer the Personal Licence Holder qualification.
Licensing Boards can take action against the holder of a personal licence if they are acting against the licensing objectives. The Board can endorse a personal licence or, if they believe necessary suspend or revoke the licence.
What will be the grounds of refusal for a premises licence?
The grounds for refusal are:
- Licensing Boards are required to refuse licences where there is overprovision. During the transition period (if you presently hold a licence), you are able to avoid this as long as you wish to continue to trade in substantially the same manner, and apply within the given deadlines.
- Where the premises are excluded premises (e.g. garage forecourt).
- When granting a licence would be inconsistent with one or more of the licensing objectives.
- When the premises are unsuitable for use for the sale of alcohol having regard to the nature of activities proposed, location, character and conditions of premises, the persons likely to frequent the premises.
Can a premises licence be reviewed?
Yes. Any person can apply to the Licensing Board to seek a review of a premises licence. The grounds for review are that:
- One or more of the conditions of licence have been breached.
- Any other ground relevant to one or more of the licensing objectives.
If a review application does not provide information relevant to any ground for review, or if it is a vexatious or frivolous, the Board will reject the application for review.
What role will the police undertake to enforce the new laws?
The police may at any time enter and inspect any licensed premises. This is a change from the position under the 1976 Act, in respect of clubs, where previously the police could only enter on the invitation of the members or if they had a warrant. The enforcement of the new licensing laws will continue to be carried out by the police. In addition to the police, Licensing Standards Officers have powers to enter the premises at any time to inspect the premises and or any substances, articles or documents found on site as the officer thinks necessary.
What is test purchasing?
Test purchasing is a preventative tool used to identify premises that sell alcohol to under 18s. Test purchasing involves the police sending under 18s into licensed premises to attempt to purchase alcohol. In the event that the server fails the test by carrying out the sale of alcohol to the test purchaser, the police will prepare a report submission to the Procurator Fiscal and the Licensing Board.
Door Stewards (Security Industry Authority)
Who is responsible for the regulation of door stewards in licensed premises?
The Security Industry Authority is responsible for regulating the private security industry throughout Great Britain. They licence individuals working in specific sectors of the private security industry and manage the Approved Contractor Scheme.
Although the lead agency is the Security Industry Authority, the Police also have enforcement powers under the terms of the Private Security Industry Act 2001.
For more information on door stewards you should contact
Security Industry Authority
PO Box 1293
Liverpool L69 1AX
