Personal Licence Holders have a vital job within the licensed trade. They authorise the sale of alcohol in both on and off sales businesses and ensure that each and every sale is legal.
This is a considerable responsibility and, as such, Personal Licence Holders have two important obligations they must:
undergo refresher training every 5 years to refresh their knowledge of the licensing regime, and send the training certificate to the relevant Licensing Board; and
apply to renew their personal licence every ten years, and lodge the renewal application no later than 3 months before expiry date of the licence
Individuals can apply for a Personal Licence which allows the individual to train staff, apply for occasional licences and to authorise or supervise the sale of alcohol. All premises must have premises manager named on the licence for the premises who holds a personal licence.
The Licensing Team are able to provide general guidance on a scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence.
Who can apply for a personal licence?
If you are aged 18 or over and live within West Lothian or outwith Scotland you may apply to the Licensing Board for a Personal Licence provided you have a licensing qualification and no personal licence previously held has been revoked within the five year period immediately prior to the date of application (unless the revocation was in relation to a failure to undertake training).
Application forms which have guidance notes attached can be found in the downloads section at the bottom of this webpage. You should read the guidance notes carefully before completing the application form, details of where to lodge a completed application along with the required supporting documents including your Scottish Certificate for Personal Licence Holders can also be found in the guidance notes.
On receipt of the application form, it will be processed and a copy sent to Police Scotland and the Licensing Standards Officer (LSO). Police Scotland must respond to the Licensing Board within 21 days of its receipt. The LSO may respond within 21 days providing any information which he considers is relevant to your application.
If a notice is received specifying any relevant convictions or information then your application will have to be determined at a meeting of the Board. A report collating the responses will be prepared and you will be sent a copy of that and advised of the date and time of the meeting. It is helpful if you are in attendance at the meeting to answer any questions which may arise. However, if you have been given notice of the meeting the Board may proceed to deal with the application in your absence if you have not asked for the application to be adjourned to another date to allow you to attend.
You have a right of appeal to the Sheriff Court Scot Courts (opens new window) if your application for a personal licence is refused and you should consult your own legal representative should you wish further information about how to appeal.
There are no conditions attached to a Personal Licence however there is a duty on a licence holder to undertake refresher training every five years and the following requirements are specific to personal licence holders.
You must notify the Board within one month of a change of name or address
You must notify any Court that you are a personal licence holder on your first appearance if you are charged with a relevant offence
You must notify the Board of a conviction for a relevant or foreign offence no later than one month after the date of conviction
Your personal licence is valid for 10 years from the date it is issued and you must make an application to renew the licence in the last year of that licence.
In order for your licence to last 10 years you must complete a personal licence refresher course after 5 years and submit evidence to the Board that this has been completed. Find more information on personal licence refresher training and the requirements.
In order for your licence to continue after 10 years you must make an application to renew your licence in the 9 month period starting a year before your licence expires and ending 3 months before the expiry date. So if your licence was granted on 1 September 2009 it will be due to be renewed on 1 September 2019, you can apply to renew from 31 August 2018 and the absolute deadline for submitting a personal licence renewal application is 31 May 2019.
You must notify Police Scotland if your personal licence has been lost or stolen as soon as possible and obtain a reference number. You then must apply to West Lothian Licensing Team for personal licence, a copy of the application can be found in the downloads section of this webpage. In addition, you should also make an application for a replacement personal licence if your licence has been damaged or destroyed.
A list of personal licences granted by the West Lothian Licensing Board which have been revoked by the Board from 2 December 2014 due to the licence holders detailed in the list not having complied with the legal requirement to produce a certificate of refresher training to the Board within the required period. This list will be updated with any additional names of personal licence holders who have had their licenses revoked on a regular basis.
