You can apply to West Lothian Licensing Board if you hold a premises licence in West Lothian for an extension to your normal licensing hours.
Please note that all the Licensing web pages are intended to guide you through the procedures associated with making an application for a licence. They are not intended to summarise relatively complex areas of the law. Anyone using these pages should obtain independent advice from their own solicitors or advice centre.
Section 68 of the Licensing (Scotland) Act 2005 states that the holder of acan apply for an extension of licensed hours in connection with:-
- a special event or occasion to be catered for on the premises
- a special event of local or national significance
Under section 68 of the Licensing (Scotland) Act 2005, an application for extended hours can only be made by the premises licence holder.
In practice the Board will accept applications signed by parties with the authority of the premises licence holder as follows:
- the agent for the premises licence holder
- where the premises licence holder is a company, a connected person of that company as notified to the Board. There is a requirement under the 2005 Act to keep the Board updated of all current connected persons including any resignations
- where the premises licence holder is a registered club, a committee member or office bearer of that registered club. There is a requirement within the 2005 Act to keep the Board updated of all current committee members and office bearers including any resignations
- a designated premises manager may submit an application on behalf of the premises licence holder only if the premises licence holder's written authority for the designated premises manager to do so is included with the application
If an application is made by any person who does not fit the criteria above, the application will be returned as an invalid application and will not be processed.
Please note, you cannot apply to extend licensed hours that have already been extended.
You should download and complete
Please read the guidance notes attached to the application form thein relation to extended hours before completing the application form.
The fee for an application is £10.
To allow sufficient time for applications to be processed and determined under Board policy applications must be lodged at least 35 days prior to the date of the proposed event. Please ensure that your application is lodged promptly. It is good practice to make such applications at least 3 months before the event to allow the application to be determined in plenty of time for you to make your plans.
Late applications can only be made if (1) lodged no later than 72 hours prior to the date of the proposed event and (2) accompanied by the Board'sform. In all cases they will be subject to a decision by either the Convener of the Board or be considered at a meeting of the Board as to whether they can be accepted before being processed.
Details of how to lodge an application are contained in the guidance notes attached to the form.
Notice of your application will be given by the Licensing Team to Police Scotland and the council's Licensing Standards Officer.
- By law the Chief Constable may within 10 days of receipt of that notice object to your application if they consider it necessary to do so for the purposes of any of the licensing objectives.
- By law the council's Licensing Standards Officer must within 10 days of receipt of that notice submit a report to the Board containing their comments on your application.
- Under the legislation the Board may, only if satisfied that your application requires to be dealt with quickly, shorten these 10 day periods to a period which is not less than 24 hours. The decision as to whether to take this step in relation to any application will be made by the Convener of the Board under delegated powers. In any such case the council's Licensing Standards Officer will have discretion as to whether to provide a report to the Board regarding your application.
- You will be provided with a copy of any notice or report received from Police Scotland or the council's Licensing Standards Officer regarding your application and have an opportunity to comment.
- If the extended hours you have applied for are within Board policy and the Chief Constable has not objected to your application, it will be granted by the Clerk of the Board.
- If the extended hours you have applied for are outwith Board policy, the Chief Constable has objected to your application or your application was late i.e. received less than 35 days prior to the date of your proposed event, your application will be considered by the Convener of the Board. The Convener may either grant your application or refer it to the Board to be considered and determined by the Board at a Board hearing. If the latter you will be given notice of the date, time and place of the Board meeting and the opportunity to attend.
The conditions that apply to your premises licence will continue to apply during any period of extended hours. You must comply with the conditions of your premises licence as breach of a condition is an offence, liable on summary conviction to imprisonment or a fine or both, and can result in review of your premises licence by the Board.
Under the legislation if your application is granted the Convener or Board may also vary the conditions to which your licence is subject, if considered necessary or expedient for the purposes of any of the licensing objectives. If this applies to your application, the relevant variation of your licence conditions will only apply during the period of extended hours granted.
Any premises opening beyond 1am may have the following additional condition imposed - "There shall be strictly no admittance to the premises after 1am which prevents persons leaving to smoke outwith the premises being readmitted."
West Lothian Licensing Board has approved the following policy for the festive periods 2018/2024