We were retained by this client on licensing matters having previously obtained a Premises Licence for its first Scottish opening. Our real estate colleagues acted on the property side and we were able, once again, to seamlessly co-ordinate those contractual and completion aspects with the grant of the required permissions to allow trading to commence.

The premises was unlicensed so we advised on, and acted in, all aspects of the application process including Licensing Board Policy and timeframes, layout plan requirements, drafting the Operating Plan, preparation and submission of the application for a Provisional Premises Licence and subsequently a Variation and appearance before the Licensing Board on several occasions.

Some late amendments to the proposed layout and design meant that a further application was required to cover off these aspects. The timing was particularly tight, and we provided strategic advice based on our knowledge of the licensing system as to how to best protect our client's position. This resulted in the running of two applications -the main application and a protective one - which would allow trading pending grant of the other application.

Once again, we obtained the grant of the required permissions and thereafter ensured that the completion of the fit-out works dovetailed with the application to bring the Premises Licence into force.

Key highlights

  • Acting for a high-profile client in respect of prominent premises within an area where the grant of new Premises Licence can be contentious.
  • Liaising with our client and its architects and other advisers at all stages of the procedure, keeping them updated and advising on best course of action for the desired outcome.
  • Working alongside our real estate colleagues to provide specialist licensing input on contractual aspects and to deliver the deal.
  • Providing strategic licensing advice to submit a protective application in anticipation of the main application not being granted in time for opening thereby protecting the opening albeit at a lesser occupancy.
  • Obtaining, through persistence and our knowledge of the workings of the system, the grant of the main application in time for the planned opening with full occupancy capacity.

Outcome

We represented this client on its first Scottish opening and our expertise and delivery meant that we were trusted to act in this deal and secure the required permissions. The opening of this restaurant was much anticipated in the market, adding another destination venue to Glasgow city centre. We continue to work with this client giving advice on all licensing aspects of its operation, including advice on procedures relating to changes in staff and additional licences or permissions required.

Contributors

Alex Buchan

Partner

Jacqui Birrell

Senior Paralegal