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3. Draft Regulations
SCOTTISH STATUTORY INSTRUMENTS
2007 No.
LICENSING (LIQUOR)
The Licensing (Fees) (Scotland) Regulations 2007
Made - - - - 2007
Laid before the Scottish Parliament - - - - 2007
Coming into force - - 1st February 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 136(1) and (2) and 146(2) of the Licensing (Scotland) Act 2005( 1) and of all other powers enabling them to do so.
In accordance with section 136(3) for that Act, they have consulted such bodies as appeared to them to be representative of the interests of Licensing Boards, councils and those likely to be affected by these Regulations.
Citation and commencement
1. These Regulations may be cited as the Licensing (Fees) (Scotland) Regulations 2007 and shall come into force on 1st February 2008.
Interpretation
2. In these Regulations-
"the Act" means the Licensing (Scotland) Act 2005; and
"relevant Board", in relation to premises, means the Licensing Board within the area of which the premises are situated.
(1) 2005 asp 16.
Categories of premises - general
3. -(1) The category into which premises fall for the purposes of these Regulations is to be determined by reference to the position as at the date on which the fee in question is due.
(2) In particular, the rateable value of premises for the purposes of these Regulations is to be that shown on the valuation roll in respect of the date in question.
(3) Where a rateable value is changed with retrospective effect so as to place premises on a particular date in a different category from that by reference to which a fee due on that date has been paid, the appropriate amount is to be paid to the relevant Board or repaid by it (as the case may be).
(4) In paragraph (3), "the appropriate amount" is the difference between-
(a) the fee paid; and
(b) the fee which would have been payable had the new rateable value been shown on the valuation roll as at the date on which the fee was due.
Premises in category 1
4. -(1) Premises fall within category 1 if-
(a) they are not entered on the valuation roll or are entered on that roll with a nil value;
(b) their main function is to provide a visitor attraction and any sale of alcohol on the premises will fall within paragraph (2);
(c) they are used wholly or mainly for the purposes of a club falling within the description specified in regulation 2 of the Licensing (Clubs) (Scotland) Regulations 2007( 2); or
(d) their main function is to provide accommodation, they are not open to the public other than for the provision of accommodation, and any alcohol sold on the premises is to be consumed on the premises by guests being accommodated there.
(2) A sale of alcohol falls within this paragraph if-
(a) the alcohol is not to be consumed on the premises; and
(b) it is considered by the relevant Board as likely to be incidental to other activities carried on on the premises.
Premises in categories 2 to 6
5. -(1) Premises which fall within category 1 cannot fall within categories 2 to 6.
(2) Subject to paragraph (1), premises fall within-
(a) category 2 if their appropriate rateable value is between £1 and £11,500;
(b) category 3 if their appropriate rateable value is between £11,501 and £35,000;
(c) category 4 if their appropriate rateable value is between £35,001 and £70,000;
(d) category 5 if their appropriate rateable value is between £70,001 and £140,000;
(e) category 6 if their appropriate rateable value is over £140,000.
(3) In a case where part of licensed premises falls within one rating unit and part within one or more other rating units, the "appropriate rateable value" of the licensed premises is to be equal to the highest rateable value shown on the valuation roll in respect of any one of the rating units in question.
(4) In any other case, the "appropriate rateable value" of licensed premises means the rateable value shown on the valuation roll in respect of those premises or of larger premises of which they form part.
(5) In paragraph (3), "rating unit" means lands and heritages in respect of which there is a single entry on the valuation roll.
(2) S.S.I. 2007/76.
Application for premises licence
6. -(1) The fee payable in respect of an application under section 20(1) of the Act is-
(a) £100 in the case of premises within category 1;
(b) £400 in the case of premises within category 2;
(c) £550 in the case of premises within category 3;
(d) £650 in the case of premises within category 4;
(e) £850 in the case of premises within category 5;
(f) £1,000 in the case of premises within category 6.
(2) Any fee payable under paragraph (1) is due on the date on which the application in question is received by the Licensing Board.
Annual fee for premises licence
7. -(1) Where a premises licence is in effect or is suspended, the holder of that licence must make payment of an annual fee in respect of the performance in relation to that licence of functions by the relevant Board, the council within the area of which the premises are situated and that council's Licensing Standards Officers (other than functions in respect of which a separate fee is specified under these Regulations).
(2) The first annual fee under paragraph (1) is due-
(a) on 1st October 2009 in the case of a licence which takes effect on 1st September 2009; or
(b) in any other case, 30 days after the date on which the licence takes effect.
(3) Subsequent annual fees are due on 1st October each year or, where that date falls on a Saturday or Sunday, on the immediately following Monday.
(4) A Licensing Board may allow an annual fee under this regulation to be paid in 4 or 12 equal instalments over the course of the year following the date on which the fee would otherwise be due.
(5) Where a Board allows a fee to be paid as described in paragraph (4), this does not affect the date on which that fee is due for the purposes of regulation 3.
Amount of annual fee
8. -(1) The annual fee payable under regulation 7 is to be determined by the relevant Board after having regard to the expenses likely to be incurred by that Board in administering the Act generally.
(2) The annual fee is not to exceed-
(a) £90 in the case of premises within category 1;
(b) £110 in the case of premises within category 2;
(c) £140 in the case of premises within category 3;
(d) £250 in the case of premises within category 4;
(e) £350 in the case of premises within category 5;
(f) £450 in the case of premises within category 6.
(3) Where a Board decides to determine fees lower than those specified in paragraph (2), it must-
(a) determine different fees for the different categories specified in that paragraph; and
(b) set those fees by reducing each of the fees in that paragraph by an identical percentage.
(4) Where a first annual fee is payable in accordance with regulation 7(2)(b), that fee is not to exceed-
Where-
A is the full annual fee which the Board would charge for the relevant year in respect of premises in the same category as the premises in question; and
B is the number of days between the date on which the first annual fee for the premises in question is due and the next 1st October.
Notification of annual fee
9. -(1) Each Licensing Board is to give notification in accordance with paragraph (2) to every holder of a premises licence liable to pay a fee to that Board under regulation 7.
(2) Notification under paragraph (1) is to be given no later than 30 days before the date on which the fee is due and is to specify the amount of the fee payable.
Application to vary premises licence
10. The fee payable in respect of an application under section 29(1) of the Act is-
(a) £31 if the application is one referred to in section 31(1) of the Act and any other variation sought in the application is a minor variation;
(b) £20 if the application seeks only a minor variation or variations and does not fall within paragraph (a); or
(c) £160 in any other case.
Application for transfer by licence holder
11. The fee payable in respect of an application under section 33(1) of the Act is £34.
Application for transfer by other person
12. The fee payable in respect of an application under section 35(1) of the Act is £21.
Application for provisional premises licence
13. The fee payable in respect of an application under section 45(1) of the Act is £160.
Application for confirmation of provisional premises licence
14. The fee payable in respect of an application under section 46(1) of the Act is £34.
Application for temporary premises licence
15. The fee payable in respect of an application under section 47(2) of the Act is £27.
Application for occasional licence
16. The fee payable in respect of an application under section 56(1) of the Act is £10.
Application for extended hours
17. The fee payable in respect of an application under section 68(1) of the Act is £10.
Application for personal licence
18. The fee payable in respect of an application under section 72(1) of the Act if £42.
Issue of replacement personal licence
19. The fee payable in respect of the issue by a Board of a replacement personal licence under section 92 of the Act is £8.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2007
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