Licensing at Scots Law 2023

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

With developments relating to liquor, letting, gambling and sexual entertainment venues all to the fore, licensing law continues to be one of the most dynamic areas of practice.

Chaired by Scott Blair of Terra Firma Chambers, this new conference will include topics ranging from grounds of refusal of a premises licence, the sexual entertainment venue regime and how to consult lawfully the consultative process for the Statements of Licensing Policy to the current position with short-term lets and key issues in gambling. Jim Wilson, Licensing Team Leader at the Scottish Government’s Criminal Law, Practice and Licensing Unit will provide the keynote presentation on some of the most important projects currently in progress within their licensing team.

Questions to be answered will include:

• what are the most important projects currently in progress within the licensing team in Scottish Government?
• how is the sexual entertainment venue licensing regime being interpreted in the courts?
• what are the grounds of refusal of a premises licence?
• what is the latest position with short term lets?
• what is the gambling landscape post-Covid?
• what is the consultative process for the Statements of Licensing Policy?
• what are the pros and cons of the new Statutory Guidance?

We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.

What's being covered?

Update from the Scottish Government

In this session delegates will hear about some of the most important projects currently in progress within the licensing team in Scottish Government.

Jim Wilson, Scottish Government

Licensing 101: Grounds of refusal

In the latest of his mini-series going “back to basics”, Stephen McGowan will analyse the grounds of refusal of a premises licence under the Licensing (Scotland) Act 2005. This will cover the categories of excluded premises, as well as exploring the “on the merits” grounds of refusal such as the always elusive fit and proper test, inconsistency with the licensing objectives, overprovision, and the “unsuitability” ground of refusal. 

Stephen McGowan, TLT LLP

Updated Statutory Guidance to the Licensing (Scotland) Act 2005 - help or hindrance?

The Statutory Guidance for Licensing Boards was first published in 2007 prior to implementation of the new liquor licensing regime in Scotland. Given the significant developments both in terms of legislative amendments and case law, Boards and licensing practitioners have been calling for publication of an updated version for over a decade. Scottish Government published the revised Guidance in January 2023. This session will highlight significant changes to the Guidance together with a clerk’s perspective on what assistance the updated version will offer Boards when carrying out their statutory functions and whether the wait will prove worthwhile.

Morag Leck, City of Edinburgh Council

Licensing policy consultations

In this session we will consider: the background, and the consultative process for the Statements of Licensing Policy; Scottish Government guidance and considerations thereon; and overprovision, and what the current issues and developments are in licensing to consider.

Michael McDougall, West Dunbartonshire Council

Gambling update

In this session, the gambling landscape post-Covid will be examined along with consideration of enforcement and compliance and developments with the ‘White Paper’. 

Audrey Ferrie, Pinsent Masons

Short Term Lets – the latest position

Joanna Millar, Gilson Gray

The Sexual Entertainment Venue regime

Sexual Entertainment Venue Licensing is new to Scotland and has already brought on a major judicial review by the operators of four Edinburgh lap dancing clubs and the Union representing dancers to a decision of City of Edinburgh Council to impose a nil limit on how many SEV licences will be issued. The session will provide an overview of the SEV regime introduced by the Air Weapons and Licensing (Scotland) Act 2015 and will also update delegates on that legal challenge and any decision from the Court of Session.

Scott Blair, Terra Firma Chambers