McGowan on Alcohol Licensing Law in Scotland: A Practical Guide

by Stephen J. McGowan

Overview

Drawing on a wealth of experience, Stephen McGowan guides you through the often-perplexing patchwork of statute, policy, convention and jurisprudence that all amount to Scottish licensing law. He book contextualises the history and policy of the 2005 Act and its legion amendments, providing detailed analysis of post-2009 case law cross-referenced with significant legacy decisions, such as in relation to the fit and proper test or the proper purpose of the licensing function. He explores and deconstructs fundamental concepts such as licensing objectives, overprovision, causality, the licensing 'nexus' and the very nature of a Licensing Board. McGowan also delivers practical advice on the pitfalls and perils of application basics including how to complete (and assess) a premises licence application, as well as valuable insight from the front lines and conduct at hearings. There is no better guide to how Scottish alcohol licensing law works - and often does not work - in practice.

Product Details

ISBN-13:	9781474473910
Publisher:	Edinburgh University Press
Publication date:	07/20/2021
Edition description:	2nd ed.
Pages:	624
Product dimensions:	6.14(w) x 9.21(h) x (d)

About the Author

Stephen J. McGowan is Partner and Head of Licensing (Scotland) at law firm TLT LLP. He is a leading, multi-award winning, recognised expert in alcohol licensing in Scotland and one of the most prominent licensing solicitors in the UK. He is continually ranked as a top-tier leading individual in both Legal 500 and Chambers. Stephen is Accredited by the Law Society of Scotland as specialist in liquor licensing and has been a member of the Society’s Licensing Law Sub-committee since 2010.

Table of Contents

ForewordPreface and AcknowledgementsSelected BibliographyTable of Statutes; Table of Orders, Rules and Regulations; Table of Cases

1. A Brief History of Licensing Regulation
2. The Licence Requirement
3. The Licensing Objectives
4. Licensing Boards
5. Licensing Forums
6. Licensing Standards Officers
7. Premises Licences, Part 1: Origins, Effect and Duration
8. Premises Licences, Part 2: Application
9. Premises Licences, Part 3: Administration
10. Premises Licences, Part 4: Determination
11. Premises Licences, Part 5: Special Cases
12. Premises Licences, Part 6: Transfers
13. Premises Licences, Part 7: Variation
14. Premises Licences, Part 8: Reviews
15. Licence Conditions
16. The Licensed Hours
17. Personal Licences
18. Occasional Licences
19. Offences, Liability and Conduct
20. Appeals under the 2005 Act
21. Gambling in Alcohol-Licensed Premises and Clubs

Appendices

Appendix A. Parliamentary History of the 2005 Act

Appendix B. Timeline of Amendments and Secondary Legislation

Appendix C. References to the Licensing Objectives in the 2005 Act

Appendix D. Health Boards as Relevant to Licensing Board

Appendix E. Club Rules and the 1976 and 2005 Acts: A Comparison

Appendix F. Personal Licence Identifier Codes

Appendix G. List of Relevant Offences

Appendix H. A Brief History of Test Purchasing

Appendix I. The Coronavirus (Scotland) Act 2020

Appendix J. Scottish Licensing Boards Contact Details