Any individual aged 18 years or more may apply for a personal licence to the Licensing Board within the area where they live.
Provided that the applicant is 18 years or over, possesses a relevant licensing qualification and has not had a licence revoked within the period of 5 years ending with the day on which the application was received, and provided the Board has not received from the Chief Constable a notice stating that the applicant has been convicted of a relevant or foreign offence, the Board must grant the licence.
All applicants will be required to undertake the relevant training required by regulations under Section 91 of the 2005 Act.
Once granted, a personal licence will have effect for a period of 10 years.
The Act does not require a holder of a personal licence to be on the premises at all times when alcohol is being sold on those premises. The Act requires every sale to be 'authorised' by a personal licence holder.
Personal Licence: Refresher Training
The Licensing (Scotland) Act 2005 requires that the holder of a Personal Licence must, within the period of five years of their Personal Licence being issued, and each subsequent period of five years during which the licence has effect, undertake a course of training accredited by the Scottish Ministers. The Personal Licence holder must, no later than three months after the expiry of the five year period, produce to the Licensing Board which issued the licence, evidence that such training has been undertaken.
Evidence of compliance with the training requirements to be submitted to the Licensing Board must consist of the original or a copy of the Scottish Certificate for Personal Licence Holders (Refresher) at SCQF Level 6. The original Personal Licence should also be returned to the Board for updating.
Accordingly, all East Ayrshire Licensing Board Personal Licence Holders who received their Personal Licence prior to and including 1 September 2009 will require to undertake refresher training no later than 1 September 2014 and produce a copy of the Certificate, together with their Personal Licence, to the issuing Licensing Board no later than 1 December 2014. Due to the strict timescales involved, arrangements should be made to undertake the appropriate training as soon as possible.
If a Personal Licence holder fails to comply with these statutory requirements, the Licensing Board which issued the licence must revoke the licence.
If you are a personal licence holder issued by the East Ayrshire Licensing Board and have any queries whatsoever in connection with the above, please contact the Licensing staff who will be pleased to assist.
Please see undernoted list of Personal Licences granted by East Ayrshire Licensing Board which have been revokeddue to the licence holders not having complied with the legal requirement to produce a certificate of refresher training to the Board within the required period.
Revoked Personal Licences