Scotland – Licensing (Personal Licences: Supplemental and Transitional Provision) (Scotland) Order 2019

The snappily titled Licensing (Personal Licences: Supplemental and Transitional Provision) (Scotland) Order 2019 was laid before the Scottish Parliament yesterday with a view to it coming into force on 30 June 2019.

As many Scottish personal licence holders should be hopefully aware the deadline for the first ever tranche of personal licence renewal applications is 31 May 2019 in respect for those licences expiring 1 September 2019.

Currently, the law states that even if the renewal is submitted in the proper timescales then the licence will still cease to have effect if it has not been determined by the Licensing Board before 1 September 2019.

The Order will alleviate this potential outcome by amending s.77 Licensing (Scotland) Act 2005 so that the period of effect of the licence does not end until the earlier of:

• 28 days after the day on which the Licensing Board has determined a renewal application made in respect of the licence; or
• 29 February 2020.

No doubt the Order is somewhat a relief to many, particularly Licensing Boards which will now have slightly more breathing space to determine renewal applications.

To be clear however, this change does not obviate the urgent need for personal licence renewal applications to be lodged in due time – i.e. for the majority by the end of this month!  See - LINK