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Every sale of alcohol must be licensed, there are 3 types of licence, a personal licence which enables the holder to apply for an occasional licence or for a premises licence,
Applications are made to Moray Licensing Board.
Personal Licences
A personal licence is required to be named as designated premises manager. A personal licence holder is required to be on site after 1pm for premises which meet certain criteria. Anyone who provides the two-hour mandatory training to anyone who is serving alcohol must be a personal licence holder.
Anybody over the age of 18 is eligible to apply for a personal licence once they passed a one day training course from a recognised training provider called the Scottish certificate for Personal Licence Holders. Once the training certificate has been received, application can be made to this office for a personal licence (licence fee £50).
As well as the training certificate (which we will return), a person needs to be complete the application form, include the fee and one passport photo (signed with “I certify this is a true likeness of....”)
Guidance for personal licence application form
Form for passport photos
Guidance on relevant offences
Applications can be sent to
Moray Council, Licensing, Legal and Democratic Services, Headquarters, High Street, Elgin IV30 4GL or an electronic copy to licensing@moray.gov.uk.
Once the personal licence has been granted, a half day refresher course must be completed at the five year mark and the training certificate must be sent to the address above, after we have received a copy of your certificate, we will retain a copy for our records, update the training schedule for your personal licence and send out an updated training Annex.
You will need to replace the Annex page in your current licence.
Renewal applications can be completed on the same form and follow the same process, once a further one day refresher course has been passed then the training certificate, photo, completed application form and fee can be sent to the above address.
If you need further help, please see our FAQ about personal licences.
Details of requirements for personal licence holders can be found here (notes on page 3) as well as after the main body of the application form.
NOTES
Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament (http://www.opsi.gov.uk/legislation/scotland/acts2005/20050016.htm)
A personal licence application or a personal licence renewal application must be made in writing or, if the Licensing Board to which the application is made so agrees, by electronic transmission.
1. Change of name or address
Section 88 of the Licensing (Scotland) Act 2005 requires that a personal licence holder must, no later than one month after any change in the licence holder’s name or address, give the Licensing Board which issued the licence notice of the change. It is an offence not to do so.
2. Licensing qualifications
Licensing qualifications are dealt with in section 91 of the Licensing (Scotland) Act 2005. In summary, to be eligible for a personal licence, an applicant must be aged 18 or over and possess a licensing qualification, and no personal licence previously held by the applicant must have been revoked within the period of 5 years ending with the day on which the application was received by the Licensing Board.
3. Photograph
The application must be accompanied by one passport-style photograph of the applicant which must measure 45 millimetres by 35 millimetres, be on photographic paper, be taken against a light background and show the full face of the applicant, without the applicant wearing sunglasses or any head covering (unless the applicant wears such a covering on account of a religious belief).
The photograph submitted with your application should be endorsed on the back. This endorsement should, contain the words “I certify that this is a true likeness of (name of applicant)”, followed by the full name of the person endorsing the photograph.
4. Convictions
Section 75 of the Act places a duty on an applicant for a personal licence to notify the Licensing Board if he or she has been convicted of any relevant or foreign offence during the time between making the application and the application being determined by the Licensing Board. Furthermore, section 82 of the Act requires personal licence holders to notify their Licensing Board of any convictions for relevant or foreign offences within one month of the licence holder being convicted.
5. Data Protection Act 2018
The information on this form may be held on an electronic public register which may be available to members of the public on request, for details search the Moray Council website for Licensing Privacy Statement.
Occasional Licences
The holder of a Premises Licence, a Personal Licence holder or a representative of a voluntary organisation may apply for an occasional licence for unlicensed premises.
Applications must be lodged 28 days prior to the occasion. An occasional licence cannot be granted in respect of premises which hold a premises licence and occasional licences can only run for a maximum period of 14 days.
A premises with a club licence may apply for an occasional licence in order to allow the sale of alcohol to the public, there are restrictions on the number of occasional licences that can be applied for by club premises.
If you wish to sell alcohol from premises that are not licensed for the sale of alcohol, for example local halls, community centre etc or at event such as a Highland Games you will need an occasional licence from Moray Council Licensing Board.
You can apply for an occasional licence for a maximum of 14 days but usually they are granted for single, one-off events such as a wedding reception, birthday party or fund raising dance.
An occasional licence costs £10.
You can apply for an occasional licence if:
- You are from a voluntary organisation
- or you hold a premises licence
- or you hold a personal licence to sell alcohol
The sale of alcohol includes the supply of alcoholic drinks which are included as part of a prepaid ticket or entrance fee.
Those licensed premises which have club status can apply for an occasional licence to allow the sale of alcohol to non members.
There are limits on occasional licences that can be applied for by voluntary organisations and clubs. In any period of 12 months there can be: No more than 4 occasional licences within a duration of 4 days or more; No more than 12 occasional licences with a duration of fewer than 4 days; and The 12 month total cannot exceed 56 days.
We require a minimum of 28 calendar days to process occasional licences applications (the only exception for this is for funeral events.) Unless applications are received by us 28 calendar days prior to the scheduled event these cannot be processed and will be returned to you.
In addition to the a completed application form and the fee, Moray Licensing Board also require;
- A general risk assessment for the event
- A fire risk assessment for the event
- A checklist form
FAQ about occasional licences are available
Premises Licences
If you wish to sell alcohol, your premises must be licensed. A premises licence allows for the sale of alcohol on the premises. This is for both on-sales and off-sales. This does not apply where the premises in question are exempt premises.
If you wish to sell alcohol, your premises must be licensed. You must be 18 years or older to make the application and cannot be a premises holder for another licensed premises.
Your premises will also require a personal licence holder to sell and authorise the sale of alcohol. Conditions will be attached to a licence.
Information for Licenced Premises
Alcohol Byelaw (PDF)
Alcohol Byelaw (Lossiemouth) (PDF)
Whisky tasting guidance
This guidance has been issued by Moray Council, in consultation with Police Scotland, following a request from business on the conduct of whisky tasting events. Businesses operating whisky tasting events are concerned that that they have to operate under a liquor licence and supply whisky in minimum measures of 25ml to comply with weights and measures legislation.
Where whisky is supplied in the context of a genuine whisky tasting event and the marketing and other information provided to customers makes it clear that tasting, or sample, measures will be provided, then it is unlikely that the Council’s Trading Standards service would take the view that full measures were required. Police Scotland will assess the need for a licence on a case by case basis with a pragmatic view being adopted where appropriate.
This advice also applies to whisky tours and tutored tastings.
Alcohol etc (Scotland) Act 2010 & Challenge 25
It is a mandatory condition on every premises and occasional licence to sell alcohol that a policy is in place requiring steps to be taken to verify the age of anyone attempting to purchase alcohol who appears to the seller to be under 25.
This is just one of the measures introduced by the Alcohol etc (S) Act 2010.
Full information on the requirements as well as an outline draft policy can be accessed from this link: Age verification Policy (PDF).
The Moray Licensing Board encourages all licence holders to have a written policy and the Licensing Standards Officer will be checking for the same.
The correct forms of ID are going to be crucial to this process. Young people should be prepared to be asked for ID more often and both young people and licence holders should know what forms of ID to carry and look for.
Further information and downloads, including age verification posters, are available through these useful links. Proof of age cards including Young Scot:
The Scottish Government has produced guidance on the provisions and application of the Alcohol etc (S) Act 2010. The guidance and associated documents can be accessed through the following:
- Guidance (PDF)
- Annex (PDF)
- Sample Policy (PDF)
The documents also include a sample of an industry standard age verification policy for a retail chain selling alcohol for consumption off the premises. The Home Office has also produced guidance ID documents in general (PDF), including checking for false IDs.
Statutory Signs
- S100 Statutory Notice - Portrait (PDF) (1 page. 5.72 KB)
- S100 Statutory Notice - Landscape (PDF) (1 page, 5.65 KB)
- Schedule 3 Statutory Notice - Access for Under 18s - Landscape (PDF) (1 page, 6.77 KB)
- Schedule 3 Statutory Notice - Access for Under 18s - Portrait (PDF) (1 page, 7.14 KB)
- Schedule 3 Statutory Notice - No Under 18s - Landscape (PDF) (1 page, 5.21 KB)
- Schedule 3 Statutory Notice - No Under 18s - Portrait (PDF) ( 1page, 5.82 KB)