Best Licensing Lawyers in Aberdeen

About Licensing Law in Aberdeen, United Kingdom:

Licensing in Aberdeen operates under Scottish law. Within Aberdeen City, alcohol and gambling licensing are overseen by the Aberdeen City Licensing Board, while most civic and business activity licences are administered by Aberdeen City Council through its Licensing Committee. Key areas include alcohol sales and service, gambling premises, taxis and private hire, street trading and markets, public entertainment, late hours catering, houses in multiple occupation, skin piercing and tattooing, short-term lets, and a range of other civic licences.

The system is designed to balance business and community interests, protect public safety and health, and reduce crime and nuisance. Applications are assessed against national legislation and the local statement of licensing policy. Some applications are determined by officers, while others require a public hearing.

Why You May Need a Lawyer:

You may benefit from legal help if you are opening or buying a licensed premises, setting up a bar, restaurant, hotel, cafe, or late-night venue, or if you plan to offer alcohol at events. A lawyer can help you select the right licence, prepare an operating plan, and avoid common pitfalls.

Legal support is also valuable if you run taxis or private hire vehicles, operate a takeaway selling food after 11 pm, host public events, let out short-term accommodation, operate an HMO, or plan activities such as street trading, skin piercing and tattooing, or markets. Each activity has specific requirements, conditions, and enforcement risks.

You should seek advice if you face objections or representations from Police Scotland, Environmental Health, neighbours, or community councils, if you receive a compliance notice or review, or if you need to vary, transfer, or appeal a licensing decision. A lawyer experienced in Aberdeen procedures can guide you through hearings, evidence gathering, deadlines, and negotiations with responsible authorities.

Local Laws Overview:

Core statutes include the Licensing Scotland Act 2005 for alcohol, the Civic Government Scotland Act 1982 for civic licences such as taxis, public entertainment, street traders, and late hours catering, the Air Weapons and Licensing Scotland Act 2015 which amended several licensing regimes, the Gambling Act 2005 for gambling premises and permits, and the Housing Scotland Act 2006 for HMO licensing. Short-term lets are licensed under the Civic Government Scotland Act 1982 as modified by the Licensing of Short-term Lets Order 2022.

Alcohol licensing in Aberdeen follows five statutory licensing objectives: preventing crime and disorder, securing public safety, preventing public nuisance, protecting and improving public health, and protecting children and young persons from harm. Premises licences authorise ongoing alcohol sales with an operating plan and layout plan. Each premises must have a designated premises manager who holds a personal licence. Personal licence holders must complete accredited training and undertake refresher training at the five-year point, with renewal at 10 years. Occasional licences and extended hours applications are available for temporary events and special trading periods.

Trading hours and local conditions are set through the Aberdeen City Licensing Board policy. Off-sales hours and on-sales terminal hours depend on that policy and the nature of the operation. Minimum unit pricing for alcohol applies across Scotland and must be observed in pricing and promotions. Responsible authorities such as Police Scotland, Environmental Health, and Licensing Standards Officers can make representations and carry out compliance checks.

Gambling licensing is handled by the Licensing Board for premises such as betting shops, bingo halls, adult gaming centres, and family entertainment centres, as well as permits and small society lotteries. Operators also require operating and personal licences from the Gambling Commission depending on the activity.

Under the Civic Government regime, common Aberdeen licences include taxi and private hire car drivers, vehicles, and booking offices, street traders, market operators, public entertainment venues and events, late hours catering for hot food between 23:00 and 05:00, metal dealers, skin piercing and tattooing, boat hire, and knife dealers. Each has fit and proper person tests, conditions, and inspection requirements. Taxi and private hire applicants can expect background checks, medical standards, knowledge tests, vehicle inspections, and adherence to fare scales and signage rules.

HMO licensing ensures fire safety, space and amenity standards, and management arrangements for properties with three or more occupants from three or more households. Planning permission can be required depending on use and location. Short-term let hosts must hold an STL licence, meet safety and insurance standards, display licence numbers in adverts, and comply with any planning requirements. Public entertainment licences are required for certain events and venues unless an exemption applies. Event organisers should also consider building standards, public liability insurance, traffic management, and noise control plans.

Many applications are advertised with a window for objections or representations. Contested matters may go to a hearing before the Licensing Board or Licensing Committee. Decisions can include grants with conditions, refusals, or reviews. Appeals are made to the Sheriff Court within strict time limits. Fees are set locally within statutory parameters and are generally non-refundable.

Frequently Asked Questions:

What is the difference between a premises licence and a personal licence for alcohol?

A premises licence authorises a specific venue to sell alcohol in line with an operating plan and layout plan. A personal licence is held by an individual who has completed accredited training and can authorise and supervise alcohol sales. Each licensed premises must have a designated premises manager holding a personal licence.

Do I need a licence to serve alcohol at a one-off event?

If the venue does not already have a premises licence that covers your event, you will usually need an occasional licence or occasional permission. Voluntary organisations and certain businesses can apply. Apply early, provide event details, layout, times, and measures to promote the licensing objectives.

How long does an alcohol licence application take in Aberdeen?

Timescales vary. Straightforward personal licence applications can be processed within weeks if documentation is complete. Premises licences often take longer due to consultations, advertising periods, and possible hearings. Build in several months for new premises or major variations.

What are the typical trading hours for alcohol in Aberdeen?

Hours depend on the Licensing Board policy and your operating plan. Off-sales and on-sales have different limits. You can request extended hours for special events. The Board decides based on policy, locality, and the licensing objectives.

Can I object to a new licence near my home or business?

Yes. During the public notice period you can submit objections or representations to the Licensing Board or Licensing Committee setting out relevant concerns such as public nuisance, public safety, or crime and disorder. Objections must be timely, relevant, and factual.

What is a late hours catering licence and who needs it?

Businesses selling food to the public between 23:00 and 05:00, such as takeaways and late-night cafes, typically need a late hours catering licence. Conditions often cover staffing, queue management, litter, and security. Environmental Health may inspect for noise and cleanliness.

Do I need a public entertainment licence for my event?

Many public events and venues require a public entertainment licence unless a specific exemption applies. The need depends on the type of entertainment, capacity, location, and whether the public is admitted. Check early, because safety documentation and consultation can be extensive.

What are the rules for short-term lets in Aberdeen?

All hosts require a short-term let licence. You must meet safety standards such as gas and electrical checks, smoke and heat alarms, insurance, maximum occupancy, and guest information. Licence numbers must be shown in adverts. Planning permission may be required for some properties and locations.

How do taxi and private hire licences work?

Drivers, vehicles, and booking offices each need licences. Applicants are assessed for fitness and propriety, background and medical checks, knowledge of the area, and vehicle standards. Vehicles must pass inspections and display required plates and signage. Fares and meters are regulated.

What happens if I breach licensing conditions?

Authorities can issue warnings, vary conditions, suspend or revoke licences, or bring a review before the Board or Committee. Police reports, Licensing Standards Officer reports, or repeated complaints can trigger action. Early engagement and remedial steps can improve outcomes, but strict deadlines apply for any appeal.

Additional Resources:

Aberdeen City Council Licensing Board for alcohol and gambling policy, application forms, fees, hearing dates, and guidance.

Aberdeen City Council Licensing Committee for civic licences such as taxis, public entertainment, street traders, late hours catering, skin piercing and tattooing, and short-term lets.

Police Scotland Aberdeen City Division Licensing for objections, conditions, and event planning liaison.

Environmental Health and Licensing Standards Officers for compliance advice on noise, public health, and licence conditions.

Scottish Government guidance on alcohol licensing, short-term lets licensing, and civic government licensing regimes.

Scottish Qualifications Authority and accredited training providers for the Scottish Certificate for Personal Licence Holders SCPLH and refresher training.

Scottish Fire and Rescue Service for fire safety requirements, event fire risk assessments, and HMO standards.

Gambling Commission for operator and personal licences, codes of practice, and compliance advice for gambling businesses.

Next Steps:

Define your activity and choose the correct licence category. For alcohol, prepare a clear operating plan, layout plan, staff training plan, age verification policy, and proposed hours. For civic licences, gather identification, right to work documents, safety certificates, insurance, and any technical reports required.

Check Aberdeen City Council guidance on timescales, fees, and advertising requirements. Build a realistic project plan that includes consultation with neighbours, Police Scotland, and Environmental Health where appropriate. For events, prepare risk assessments, crowd management, and noise control plans.

Engage a solicitor experienced in Aberdeen licensing to review documents, manage deadlines, and represent you at any hearing. A lawyer can also help respond to objections, negotiate conditions, and prepare for potential appeals.

Maintain ongoing compliance. Train staff, keep records of training and refusals, monitor incident logs, and schedule regular checks of safety equipment. Address any issues raised by Licensing Standards Officers promptly and document your remedial actions.

If you receive a refusal, review, or enforcement notice, act quickly. There are strict deadlines for responses and appeals to the Sheriff Court. Seek legal advice immediately to protect your position and explore options such as variations, mediation, or revised operating proposals.