The classic pint before your flight is a long-standing tradition here in Scotland, writes Chloe Crawford of TLT LLP.
But what are the rules around liquor licensing at airports?
This topic has proved to be quite controversial over the years…
Under the old Licensing (Scotland) Act 1976, a licence was required ‘airside’ (after the security checkpoints), but the licensed hours did not apply, meaning the premises could open 24 hours.
When the Licensing (Scotland) Act 2005 came into effect in September 2009, the law changed, and now a licence is no longer required ‘airside’ at all.
There are similarities between both regimes in that alcohol sales could theoretically happen 24/7 under both the old and new Act.
The new Act essentially made the rules regarding ‘airside’ alcohol more lenient, in that no premises licence is now required here at all.
Interestingly, this only applies to certain recognised airports in Scotland, which are currently: Aberdeen, Edinburgh, Glasgow, Glasgow Prestwick, Inverness and Sumburgh.
It is important to recognise that whilst premises ‘airside’ are exempt from the requirement of a premises licence, this does not mean licensing offences cannot be committed.
Whilst the ‘airside’ premises do not have to be licensed, all the usual offences under Part 8 the new Act are still recognised and do apply, so suggestions that the absence of a licence means there is a free-for-all are unfounded.
For example, whilst there is no licence, it is still a criminal offence to sell alcohol to someone who is drunk, or someone who is under-age, and it is still an offence for a person to be drunk and incapable.
However it is important to flag that these ‘airside’ premises are not bound by the off-sales hours of 10am until 10pm each day or any multi-buy restrictions, meaning that when the airport is open, duty free can be too, and alcohol can be sold for consumption off the premises 24/7. It also means promotions like ‘Happy Hours’ which are banned in licensed pubs are not banned in ‘airside’ premises as there is no licence on which to place such conditions.
There is some controversy surrounding licensing (or lack thereof) in Scottish airports, ‘airside’.
Some in the licensed trade are of the view that it should not be excluded from the requirement of a Premises Licence and can see no reason why it should be.
Others are of the view that the tourist industry would be impacted negatively and that their premises often have the similar policies ‘airside’ as their other premises in Scotland to ensure the safest sale and consumption of alcohol.
In a recent freedom of information request, the police provided some information from various airports in Scotland, where alcohol was the main factor in disruptive incidents.
This shows an upward trend from 2022 to 2024. This was not broken down into where in the airport these incidents occurred so it is difficult to prove a causal link between a lack of licensing regulation ‘airside’ and alcohol related incidents generally, particularly since there has been 24/7 alcohol sale and consumption allowed at airports, ‘airside’ going back decades.
It is interesting to note that some airline companies themselves would be on the side of restricting alcohol consumption ahead of flying, with Ryanair calling for a two-drink limit at the airport for passengers boarding flights.
Whilst lack of a premises licence at an airport ‘airside’ and consumption are perhaps not concretely linked, it is interesting to see the views of some airline companies on alcohol consumption generally.
Essentially, the current position is that once an individual gets past security at any of the Scottish airports listed above, they can buy and consume alcohol 24/7, without the requirement for a premises licence to be in place for the premises, so long as, of course, the premises are willing to serve them.
There are mixed views on this across Scotland and it may be that, although there is no live proposal to bring ‘airside’ bars and shops into the licensing regime, this could be looked at by the new Parliament after the election in May 2026.
Chloe Crawford is an associate solicitor at TLT LLP.
