Your festival pop-up could fall flat if you don’t get a licence in time

For businesses planning a pop-up, licensing should be one of the first considerations. Depending on the nature of the event, operators might require licences under the Civic Government (Scotland) Act 1982 and the Licensing (Scotland) Act 2005 when the sale of alcohol is involved.

The process is further complicated as licensing is administered by Scotland’s 32 local authorities, each operating under its own procedures and requirements. Businesses cannot assume that requirements in one council area reflect those in place in Edinburgh. Understanding the nuances for each licence is vital for a successful pop-up experience.

Adding to the complexity, securing approval can be a lengthy process. Delays to licensing approvals can postpone opening dates and restrict trading hours, directly affecting revenue.

Businesses cannot view licensing simply as an administrative task. It is an essential legal requirement, and when approached proactively, can contribute considerably to the success of the pop-up venture. In Edinburgh, an additional 20 per cent “late fee” is payable for any temporary public entertainment licence application received within 42 days of the date the licence is due to start.

Starting the process early gives businesses flexibility. Licensing authorities may seek amendments to the proposed opening hours, staffing requirements, venue capacity and noise management policies before granting approval. Early applicants can respond to these requests, or adapt their operating model without delaying their launch, reducing commercial risk and operational pressure.

Timely preparation is particularly important when alcohol is sold. Operators running pop-up bars must ensure that all staff involved in these sales complete mandatory training before trading begins. Additionally, pop-up bars may be subject to inspections by licensing standards officers or Police Scotland, therefore all training documentation must be recorded to serve as evidence of compliance. Failing to do so can be detrimental to the success of the venture.

While businesses must take responsibility for planning ahead, there is also a broader conversation about whether Scotland’s licensing system is equipped to keep pace with modern pop-up events. The regulatory framework plays an essential role in protecting public safety and ensuring responsible trading, but lengthy approval processes can create significant commercial uncertainty.

Unfortunately, some vendors have received as little as 24 hours’ notice of licensing confirmation. For operators that have invested in ticket sales and staffing, last-minute decisions create significant business risks. As the popularity of pop-up experiences continues to grow, licensing processes should evolve alongside them. A system that maintains robust public safeguards while providing greater certainty for responsible operators benefits businesses, visitors and regulators alike.

For first-time vendors, obtaining expert legal advice is vital to ensure correct licensing conditions are met. Identifying licensing requirements from the outset helps operators avoid costly delays and minimise compliance risks, ensuring a smooth launch. Failure to do so can result in enforcement action, fines, and reputational damage.

As the Fringe continues to grow and pop-up experiences become increasingly sophisticated, operators who treat licensing as a strategic asset, rather than a last-minute hurdle, will be best placed to succeed when the crowds arrive.

Arlene Dunbar is Licensing Team Lead at Gilson Gray