April 18, 2024
Full article
Launching a new pub, restaurant or hotel can be an incredibly exciting but also daunting task. You need to find the premises, funding, staff, stock and a host of other things you might never have even thought about. Added to that you can have a huge range of legal issues to navigate including the structure of your company, employment law not to mention licensing law. It’s been well reported over the last few years that the sheer volume of licensing legislation which has been produced in Scotland is staggering. Since 2009 there have been 7 new Acts and 35 pieces of subordinate legislation all relating to licensing with a further Bill now at the consultation stage. Finding the appropriate specialist advice to ensure that you avoid finding yourself without a licence or in the Sheriff Court has never been more important.
Planning
A Premises Licence application can generally take up to 6 months to progress to the point where you can begin to trade. In many cases, operators want to open by key dates be it Christmas, summer or a particular event they want to take advantage of. In order to do so, you need to plan ahead and make sure that steps are taken well in advance of your intended opening date.
Understanding your business
When opening a new premises, different operators will focus on different things. Some may be salivating over the menu they want for their new restaurant whilst others might be relishing the interior design elements of a trendy new bar. Either way, there’s no getting away from the fact that an application for a Premises Licence needs to be lodged at an early stage and this involves having a detailed understanding of how your premises will operate. For example, right at the outset you will need to know if children will be allowed on the premises and if so on what terms. You need to understand where the fire alarms will be, the capacity of the premises and even if you will have live music amongst a whole host of other things. Without all of this information you simply can’t complete your Operating Plan.
Attention to detail
Even with the best intentions and planning, matters might not always go smoothly if you don’t pay attention to detail. I once acted for a national drinks retailer who was simultaneously opening sites in both Scotland and in England. Everything went smoothly to start with. We obtained a Provisional Premises Licence which was then confirmed as a full Premises Licence. The Council had inspected the premises and the operator began trading. Everything seemed fine. The difficulty arose when a Licensing Standards Officer inspected the premises and compared the premises Layout Plan with the actual fit out of the shop. They were very similar but there were a few noticeable differences. It turned out that the plan which the operator had given to its contractor to carry out the final fit-out of the property was actually for the premises in England. Given that works had been completed and changes would involve shutting the premises for a period of time, the operator was left with no choice but to lodge an application for a Major Variation to their Premises Licence and to go before the Licensing Board to explain the position. We managed to secure the variation of the Licence but not without a great deal of extra work and worry for the client.
Creating a new business can be hugely rewarding but can also be stressful. By planning ahead and paying attention to detail you can help to make sure that everything runs smoothly and you can focus on making your venture the best it can possibly be.
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For More Information Contact:
Iain Grant
Direct Dial: 0131 516 5375
Email: igrant@gilsongray.co.uk
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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.
