Best Licensing Lawyers in Aberdeen

About Licensing Law in Aberdeen, United Kingdom

Licensing in Aberdeen covers a wide range of activities that require formal permission from a public authority before you can lawfully operate. Common areas include the sale of alcohol, gambling premises and permits, taxi and private hire cars, late hours catering for food served between 11 pm and 5 am, public entertainment events, street trading, knife dealing, skin piercing and tattooing, metal dealing, markets, short term lets, and houses in multiple occupation. Aberdeen City Council and the Aberdeen City Licensing Board oversee most licensing regimes that apply within the city, working alongside Police Scotland and partner regulators.

Scottish licensing systems aim to balance economic activity and community life with public safety and public health. Applications are assessed against statutory objectives, local policy, and evidence about the impact on crime, disorder, public nuisance, and health. Many licences are granted with conditions and may require background checks, training certificates, insurance, and compliance with planning and environmental requirements.

Licensing rules in Scotland differ from those in England and Wales. If you are operating in Aberdeen you must follow Scottish legislation and the policies of the Aberdeen City Licensing Board and Aberdeen City Council as the relevant licensing authorities.

Why You May Need a Lawyer

Licensing applications can be technical, time sensitive, and evidence based. A lawyer can help you choose the correct licence, prepare a complete application, avoid refusals, and protect your business when issues arise. This is especially important for premises licences for alcohol, gambling premises, short term lets, and houses in multiple occupation where plans, notices, policies, and consultation all have to be managed correctly.

You may need legal help if your application has drawn objections or adverse reports from Police Scotland, Environmental Health, Trading Standards, or local residents. Contested hearings before the Licensing Board or the Council Licensing Committee are formal proceedings where effective representation can make a decisive difference.

Legal advice is also valuable if you need to vary conditions or hours, transfer or renew a licence, respond to compliance action, or appeal a refusal or suspension. Where allegations of crime or disorder are raised, or where an employee has been charged or convicted, urgent advice can protect your licence and your livelihood.

Local Laws Overview

Alcohol licensing is governed by the Licensing Scotland Act 2005. In Aberdeen the Aberdeen City Licensing Board deals with personal licences for individuals and premises licences and occasional licences for premises and events. Decisions must promote the five 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. The Board publishes a statement of licensing policy, including an overprovision assessment that may identify areas or types of premises where granting new licences is unlikely. Applications usually require an operating plan, layout plans to a specified scale, premises management details, training certificates, and public notices with a period for objections and representations.

Civic licensing is mainly under the Civic Government Scotland Act 1982 as amended. Aberdeen City Council acts as the licensing authority for taxi and private hire cars and drivers, booking offices, street traders, late hours catering, public entertainment, market operators, second hand dealers, metal dealers, knife dealers, skin piercing and tattooing, public charitable collections, and public processions notifications. Many civic licences require the applicant to be a fit and proper person, vehicles to meet specified standards, and premises to satisfy safety and hygiene checks. Some applications must be advertised in a local newspaper and notified to neighbours within a set distance.

Gambling is regulated under the Gambling Act 2005. In Scotland the local licensing authority for gambling premises licences is generally the Licensing Board. The Gambling Commission regulates operators and personal management licences at national level, while the Board handles premises licences for betting shops, bingo halls, adult gaming centres, family entertainment centres, and related permits. Local risk assessments and adherence to the licensing objectives are central.

Short term let licensing in Scotland operates under the Civic Government Scotland Act 1982 Licensing of Short term Lets Order 2022. Hosts in Aberdeen must hold a licence for most short stays in entire properties, secondary letting, home letting, or home sharing. Mandatory conditions apply, including safety standards for gas, electricity, and fire. There were transitional arrangements for existing hosts. Applicants should check current Aberdeen City Council deadlines and requirements before taking bookings.

Houses in Multiple Occupation are licensed under the Housing Scotland Act 2006. A property occupied by three or more unrelated people who share facilities usually needs an HMO licence with detailed fire safety measures, management standards, and inspections. Planning permission and building standards may also be relevant depending on the property and use.

Planning, building standards, and environmental health rules often interact with licensing but are separate systems. In Aberdeen you should expect the licensing authority to consider whether your proposal is consistent with other regulatory regimes and local policy. Police Scotland and council officers can report on suitability, compliance history, and local impact. Many decisions can be appealed to the Sheriff Court within short statutory deadlines, so time management is essential.

Frequently Asked Questions

What types of activities usually need a licence in Aberdeen

Common licensable activities include selling alcohol, operating gambling premises, running a taxi or private hire car or booking office, serving hot food between 11 pm and 5 am, holding public entertainment events, trading on the street or at markets, dealing in second hand goods or metal, operating as a knife dealer, providing skin piercing or tattooing, offering short term lets, and letting an HMO. Check with Aberdeen City Council or a solicitor to confirm the exact licence for your activity.

Do I need planning permission before applying for a licence

Planning and licensing are separate, but they interact. In practice, having planning permission aligned with your proposed use can avoid objections or deferral. Some licensing bodies will proceed while planning is pending, others may expect planning to be resolved first. A lawyer can help sequence applications to reduce risk and delay.

How long does it take to get an alcohol premises licence

Time frames vary with consultation periods, hearing dates, and whether the application is contested. Unopposed applications can still take several weeks to a few months. Contested applications may take longer. Build in time for plans, public notices, training certificates, and any required building or safety works before trading.

Can I sell alcohol at a one off event

Yes, many events use an occasional licence issued by the Licensing Board to allow alcohol sales at unlicensed venues for specific dates and times. You must apply in advance, provide event details, and comply with conditions. Police Scotland and council officers can comment, and the Board can refuse or limit hours if concerns arise.

What is a personal licence and who needs one

A personal licence authorises an individual to supervise or authorise alcohol sales. In Scotland it requires accredited training and ongoing refresher training. Premises must have a named premises manager who holds a personal licence. Personal licence holders have duties to notify the Board of changes and certain convictions.

What are the key rules for taxi and private hire licensing

Drivers must be fit and proper, usually pass background and medical checks, and may need local knowledge or safeguarding training. Vehicles must meet age, condition, and signage standards. Operators and booking offices may require separate licences and compliance with record keeping and data protection requirements.

How are short term lets regulated in Aberdeen

Most short term lets must be licensed and comply with mandatory safety conditions such as fire detection, gas and electrical safety, and maximum occupancy. There are different categories such as secondary letting and home sharing. Transitional rules applied to existing hosts. Requirements and deadlines are set by Aberdeen City Council, so check the latest guidance before accepting guests.

What happens if my application is refused or my licence is suspended

You will receive written reasons. Many decisions can be appealed to the Sheriff Court within a short deadline that is often 28 days. You must continue to comply with the decision while appealing unless a court orders otherwise. Prompt legal advice is recommended to assess prospects, preserve deadlines, and gather supporting evidence.

Can neighbours or the police object to my application

Yes. Most licensing regimes include consultation and allow objections or representations from Police Scotland, council services, and the public. The Licensing Board or Committee will weigh evidence against statutory objectives and policy. Early community engagement, clear operating policies, and mitigation measures can help address concerns.

What conditions might be attached to a licence

Conditions depend on the licence type and local policy. Examples include hours of operation, staff training, door supervision, CCTV, noise control, queuing and dispersal plans, litter and waste management, occupancy limits, vehicle standards, record keeping, and reporting duties. Breaching conditions can lead to enforcement, review, or suspension.

Additional Resources

Aberdeen City Licensing Board handles alcohol and gambling premises licensing within Aberdeen. Its policy statement, application forms, and meeting dates are published by the local authority. Staff can advise on process and documentation, but they cannot give you legal advice.

Aberdeen City Council Licensing Team administers civic licences including taxi and private hire, late hours catering, public entertainment, street trading, market operators, metal and knife dealers, skin piercing and tattooing, and short term lets. The team can explain procedures, fees, and current local requirements.

Police Scotland Licensing Department provides reports on applications and advises on crime prevention and safeguarding. They may contact applicants about conditions, operating plans, and compliance history.

Aberdeen City Council Environmental Health and Trading Standards can advise on food hygiene, noise, health and safety, and product compliance that often interact with licensing applications and conditions.

Scottish Government produces national guidance on the Licensing Scotland Act, gambling policy, civic licensing, and the short term lets scheme. Guidance can help you understand mandatory conditions and statutory objectives.

Gambling Commission regulates operators and personal management licences for gambling and issues codes of practice. Local premises licences still come from the Licensing Board.

Scottish Courts and Tribunals Service provides information on appeals to the Sheriff Court. Appeal routes and deadlines depend on licence type and decision date.

Law Society of Scotland operates a find a solicitor service so you can identify solicitors experienced in licensing law in Aberdeen and across Scotland.

Citizens Advice Scotland and local Aberdeen advice bureaux can help individuals and small businesses understand basic requirements and signpost to specialist support.

Business Gateway Aberdeen City and Shire offers practical start up guidance on business planning, regulatory steps, and premises considerations that overlap with licensing.

Next Steps

Clarify your business model and activities so you can identify the exact licence or combination of licences you need. Note proposed trading hours, capacity, location, and whether alcohol, late food, or entertainment will be provided. Early clarity saves time and reduces risk of refusal.

Check Aberdeen specific requirements. Read the current Licensing Board policy for alcohol and gambling and the Council licensing pages for civic licences and short term lets. Policies can affect hours, conditions, or overprovision decisions, and they often set out what supporting documents and notices are required.

Engage early with other regulators. Planning, building standards, environmental health, and fire safety often need to be aligned. Seek pre application advice if available. Obtain scaled layout plans, safety certificates, training certificates, insurance, and management policies before you apply.

Consider speaking to a licensing solicitor. A specialist can scope the application, draft operating plans and conditions, prepare notices and newspaper adverts where required, manage deadlines, and represent you at hearings. This is particularly important if your application may be contentious or if you have previous compliance issues.

Submit a complete application and keep records. Pay the correct fee, serve any required notices, display site notices, and keep proof of posting and publication. Incomplete or late applications are a common cause of delay and refusal.

Prepare for objections and hearings. Be ready with evidence about noise control, dispersal, staff training, CCTV, community engagement, and how your proposal promotes the licensing objectives. Consider voluntary conditions to address concerns where appropriate.

If refused or reviewed, act quickly. Appeal deadlines are short and strictly enforced. Seek legal advice immediately, request reasons, and gather supporting evidence. In some cases a revised application or variation may be a faster route to a workable outcome.

Stay compliant after grant. Train staff, maintain records and safety checks, renew or refresh licences and training on time, and notify the authority of changes such as premises managers, directors, or convictions. Proactive compliance helps protect your licence and reputation.

This guide provides general information only and is not a substitute for legal advice tailored to your circumstances. If you are unsure about any requirement or deadline, consult a solicitor experienced in Scottish licensing law in Aberdeen.