It may come as a surprise to many that it is possible to sell alcohol in Scotland without a licence – but only in very specific circumstances. For example, once you pass security at certain airports and are considered to be ‘airside’, the licence requirement falls and alcohol sales can take place at any time.
This is of course much to the delight of those who are going on holiday and wish to start as they mean to go on. Exemptions also apply where that holiday journey is being made by sea rather than air. In this article, we look at the basics behind licensing a vessel i.e. ‘a ship, boat, raft or other apparatus constructed or adapted for floating on water’[1] and the relevant exemptions under Scottish legislation.
Under the Licensing (Scotland) Act 2005 (the 2005 Act), there are two situations where a vessel does not require a Premises Licence. The exemptions apply while a vessel is engaged on:
- An international journey e.g. from the UK to an immediate destination out with the United Kingdom; and
- A journey (other than international journey) forming part of a ferry service. A ferry service does not include vessels that have an exclusively social service e.g. a cruise vessel must be licensed.[2]
In addition, the Licensing (Vessels etc.) (Scotland) Regulations 2007 confirms that it is not an offence under the 2005 Act for alcohol to be sold on a vessel without a licence, whilst the vessel is at sail and there are no more than 50 persons on board. Whilst in these instances a vessel would not require a Premises Licence to sell or supply alcohol aboard, the 2005 Act does include a power which has not yet been exercised to prohibit alcohol sales on ferries.[3]
Where a premises licence is required and a vessel is not permanently moored or berthed, then the vessel is treated as if it is situated in the place where it is usually moored or berthed.[4] In this instance, the geographic location of the vessel would determine the relevant Licensing Board tasked with processing the application.
There are further anomalies to be mindful of when considering the licensing of vessels, which differentiate them from the standard approach taken to Premises Licence applications:
- The standard prohibition against an individual being appointed premises manager of two or more licensed premises does not apply if each of those premises is a vessel which is not permanently moored or berthed.
- Where typical applications for premises licences must be accompanied by a layout plan, this requirement does not apply in the case of an application relating to a vessel, where a vessel is not permanently moored or berthed.[5]
- Interestingly, Section 50 certificates from Planning, Building Standards and Environmental Health are not required as part of premises licence applications for vessels.[6]
To get in touch with one of our experts for advice on licensing vessels, or for any other licensing queries, please contact our team at Hill Brown Licensing.
[1] Section 147, Licensing (Scotland) Act 2005
[2] Section 124, Licensing (Scotland) Act 2005
[3] Section 128, Licensing (Scotland) Act 2005
[4] Section 126(1), Licensing (Scotland) Act 2005
[5] The Licensing (Vessels etc.) (Scotland) Regulations 2007
[6] Section 126(3)(f), Licensing (Scotland) Act 2005
