Search Legislation

Licensing (Scotland) Act 2005

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Licensing (Scotland) Act 2005. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part 1 Core provisions

    1. 1.Prohibition of unlicensed sale of alcohol

    2. 2.Meaning of “alcohol”

    3. 3.Certain supplies of alcohol to be treated as sales

    4. 4.The licensing objectives

  3. Part 2 Licensing bodies and officers

    1. Licensing Boards

      1. 5.Licensing Boards

      2. 6.Statements of licensing policy

      3. 7.Duty to assess overprovision

      4. 8.Applicants attempting to influence Board members

      5. 9.Licensing Board's duty to keep a public register

    2. Local Licensing Forums

      1. 10.Local Licensing Forums

      2. 11.General functions of Local Licensing Forums

      3. 12.Licensing Boards' duties in relation to Local Licensing Forums

    3. Licensing Standards Officers

      1. 13.Licensing Standards Officers

      2. 14.General functions of Licensing Standards Officers

      3. 15.Powers of entry and inspection

      4. 16.Training of Licensing Standards Officers

  4. Part 3 Premises licences

    1. Introductory

      1. 17.Premises licence

      2. 18.Meaning of “appropriate Licensing Board”

      3. 19.Premises manager

    2. Premises licence applications

      1. 20.Application for premises licence

      2. 21.Notification of application

      3. 22.Objections and representations

      4. 23.Determination of premises licence application

      5. 24.Applicant's duty to notify Licensing Board of convictions

      6. 25.Further application after refusal of premises licence application

      7. 26.Issue of licence and summary

    3. Conditions of premises licence

      1. 27.Conditions of premises licence

    4. Duration of premises licence

      1. 28.Period of effect of premises licence

    5. Variation of premises licence

      1. 29.Application to vary premises licence

      2. 30.Determination of application for variation

      3. 31.Variation to substitute new premises manager

      4. 32.Further application after refusal of application for variation

    6. Transfer of premises licence

      1. 33.Transfer on application of licence holder

      2. 34.Transfer on application of person other than licence holder

      3. 35.Variation on transfer

    7. Review of premises licence

      1. 36.Application for review of premises licence

      2. 37.Review of premises licence on Licensing Board's initiative

      3. 38.Review hearing

      4. 39.Licensing Board's powers on review

      5. 40.Review of Licensing Board's decision to vary or suspend licence

    8. Conviction of licence holder etc. for relevant or foreign offence

      1. 41.Duty to notify court of premises licence

      2. 42.Court's duty to notify Licensing Board of convictions

      3. 43.Licence holder's duty to notify Licensing Board of convictions

      4. 44.Procedure where Licensing Board receives notice of conviction

    9. Premises under construction or conversion

      1. 45.Provisional premises licence

      2. 46.Confirmation of provisional premises licence

      3. 47.Temporary premises licence

    10. Updating of licence

      1. 48.Notification of change of name or address

      2. 49.Licensing Board's duty to update premises licence

    11. Miscellaneous

      1. 50.Certificates as to planning, building standards and food hygiene

      2. 51.Notification of determinations

      3. 52.Duty to keep, display and produce premises licence

      4. 53.Theft, loss etc. of premises licence or summary

      5. 54.Dismissal, resignation, death etc. of premises manager

      6. 55.Certified copies

  5. Part 4 Occasional licences

    1. 56.Occasional licence

    2. 57.Notification of application to chief constable and Licensing Standards Officer

    3. 58.Objections and representations

    4. 59.Determination of application

    5. 60.Conditions of occasional licence

    6. 61.Notification of determinations

  6. Part 5 Licensed hours

    1. General

      1. 62.Licensed hours

      2. 63.Prohibition of sale, consumption and taking away of alcohol outwith licensed hours

      3. 64.24 hour licences to be granted only in exceptional circumstances

      4. 65.Licensed hours: off-sales

      5. 66.Effect of start and end of British Summer Time

    2. Occasional extensions

      1. 67.Power for Licensing Board to grant general extensions of licensed hours

      2. 68.Extended hours applications

      3. 69.Notification of extended hours application

      4. 70.Determination of extended hours application

  7. Part 6 Personal licences

    1. Introductory

      1. 71.Personal licence

    2. Grant and renewal of personal licence

      1. 72.Application for personal licence

      2. 73.Notification of application to chief constable

      3. 74.Determination of personal licence application

      4. 75.Applicant's duty to notify Licensing Board of convictions

      5. 76.Issue of licence

      6. 77.Period of effect of personal licence

      7. 78.Renewal of personal licence

      8. 79.Notification of determinations

    3. Conviction of licence holder for relevant or foreign offence

      1. 80.Duty to notify court of personal licence

      2. 81.Court's duty to notify Licensing Board of convictions

      3. 82.Licence holder's duty to notify Licensing Board of convictions

      4. 83.Procedure where Licensing Board receives notice of conviction

    4. Conduct inconsistent with licensing objectives

      1. 84.Conduct inconsistent with the licensing objectives

    5. Endorsements

      1. 85.Expiry of endorsements

      2. 86.Suspension of licence after multiple endorsements

    6. Licence holder's duty to undertake training

      1. 87.Licence holder's duty to undertake training

    7. Update of licence

      1. 88.Notification of change of name or address

      2. 89.Licensing Board's duty to update licence

    8. Miscellaneous

      1. 90.Power to specify which Licensing Board is to exercise functions under this Part

      2. 91.Power to prescribe licensing qualifications

      3. 92.Theft, loss etc. of personal licence

      4. 93.Licence holder's duty to produce licence

  8. Part 7 Control of order

    1. Exclusion of violent offenders

      1. 94.Exclusion orders

      2. 95.Breach of exclusion order

      3. 96.Exclusion orders: supplementary provision

    2. Closure of premises

      1. 97.Closure orders

      2. 98.Termination of closure orders

      3. 99.Extension of emergency closure order

      4. 100.Regulations as to closure orders

      5. 101.Interpretation of sections 97 to 100

  9. Part 8 Offences

    1. Offences relating to children and young people

      1. 102.Sale of alcohol to a child or young person

      2. 103.Allowing the sale of alcohol to a child or young person

      3. 104.Sale of liqueur confectionery to a child

      4. 105.Purchase of alcohol by or for a child or young person

      5. 106.Consumption of alcohol by a child or young person

      6. 107.Unsupervised sale of alcohol by a child or young person

      7. 108.Delivery of alcohol by or to a child or young person

      8. 109.Sending a child or young person to obtain alcohol

      9. 110.Duty to display notice

    2. Drunkenness and disorderly conduct

      1. 111.Drunk persons entering or in premises on which alcohol is sold

      2. 112.Obtaining of alcohol by or for a drunk person

      3. 113.Sale of alcohol to a drunk person

      4. 114.Premises manager, staff etc. not to be drunk

      5. 115.Disorderly conduct

      6. 116.Refusal to leave premises

    3. Miscellaneous offences

      1. 117.Offences relating to sale of alcohol to trade

      2. 118.Prohibition of unauthorised sale of alcohol on moving vehicles

      3. 119.Delivery of alcohol from vehicles etc.

      4. 120.Prohibition of late-night deliveries of alcohol

      5. 121.Keeping of smuggled goods

    4. Interpretation of Part

      1. 122.Interpretation of Part 8

  10. Part 9 Miscellaneous and general

    1. Excluded and exempt premises

      1. 123.Excluded premises

      2. 124.Exempt premises

    2. Special provision for certain clubs

      1. 125.Special provisions for certain clubs

    3. Vessels, vehicles and moveable structures

      1. 126.Vessels, vehicles and moveable structures

      2. 127.Power to prohibit sale of alcohol on trains

      3. 128.Power to prohibit sale of alcohol on ferries

    4. Relevant and foreign offences

      1. 129.Relevant offences and foreign offences

      2. 130.Effect of appeal against conviction for relevant or foreign offence

    5. Appeals

      1. 131.Appeals

      2. 132.Appeals: supplementary provision

    6. Procedures, forms etc.

      1. 133.Hearings

      2. 134.Form etc. of applications, proposals, and notices

      3. 135.Power to relieve failure to comply with rules and other requirements

      4. 136.Fees

    7. Miscellaneous

      1. 137.Inspection of premises before grant of licence etc.

      2. 138.Police powers of entry

      3. 139.Remote sales of alcohol

      4. 140.Presumption as to liquid contents of containers

      5. 141.Offences by bodies corporate etc.

    8. General

      1. 142.Guidance

      2. 143.Crown application

      3. 144.Modification of enactments

      4. 145.Ancillary provision

      5. 146.Orders and regulations

      6. 147.Interpretation

      7. 148.Index of defined expressions

      8. 149.Repeals

      9. 150.Short title and commencement

    1. SCHEDULE 1

      Licensing Boards

      1. Membership

        1. 1.(1) A Licensing Board is to consist of such number...

      2. Election of members

        1. 2.(1) Each council must, at their first meeting after each...

      3. Disqualification from membership

        1. 3.(1) A councillor is disqualified from election as, and from...

      4. Tenure of office etc.

        1. 4.(1) A member of a Licensing Board—

      5. Removal of members from office

        1. 5.The relevant council may remove a member from office if...

      6. Convener

        1. 6.(1) A Licensing Board must, at their first meeting after...

      7. Removal of convener

        1. 7.(1) The convener of a Licensing Board may be removed...

      8. Administrative support

        1. 8.(1) In relation to each Licensing Board, the relevant council...

      9. Committees

        1. 9.A Licensing Board may establish committees for or in connection...

      10. Delegation of functions

        1. 10.(1) A Licensing Board may authorise (whether generally or specifically)—...

      11. Training of members

        1. 11.(1) Each member of a Licensing Board must, no later...

      12. Proceedings

        1. 12.(1) The quorum for a meeting of a Licensing Board...

      13. Validity of proceedings

        1. 13.The proceedings of a Licensing Board are not affected by—...

      14. Transitional and transitory provision

        1. 14.(1) Until the end of the day of the first...

    2. SCHEDULE 2

      Local Licensing Forums

      1. Introductory

        1. 1.In this schedule, “Forum” means a Local Licensing Forum established...

      2. Membership

        1. 2.(1) A Forum is to consist of such number (being...

      3. Convener

        1. 3.(1) At their first meeting in each calendar year, a...

      4. Administrative support

        1. 4.A council must provide each Forum established by them, or...

      5. Meetings and proceedings

        1. 5.(1) Each Forum must, in each calendar year, hold at...

    3. SCHEDULE 3

      Premises licences: mandatory conditions

      1. Interpretation

        1. 1.In this schedule, “the premises” means, in relation to any...

      2. Compliance with the operating plan

        1. 2.(1) Alcohol is to be sold on the premises only...

        2. 3.Any other activity to be carried on in the premises...

      3. The premises manager

        1. 4.(1) Alcohol is not to be sold on the premises...

      4. Authorisation of sales of alcohol

        1. 5.Every sale of alcohol made on the premises must be...

      5. Training of staff

        1. 6.(1) No person (other than a person who holds a...

      6. Pricing of alcohol

        1. 7.Where the price at which any alcohol sold on the...

      7. Irresponsible drinks promotions

        1. 8.(1) An irresponsible drinks promotion must not be carried on...

      8. Provision of non-alcoholic drinks

        1. 9.(1) The conditions specified in this paragraph apply only to...

      9. Payment of annual or recurring fees

        1. 10.(1) The condition specified in sub-paragraph (2) applies only in...

    4. SCHEDULE 4

      Occasional licences: mandatory conditions

      1. Interpretation

        1. 1.In this schedule, “the premises” means, in relation to any...

      2. Compliance with licence

        1. 2.(1) Alcohol may be sold on the premises only in...

        2. 3.Any other activity to be carried on in the premises...

      3. Authorisation of sales of alcohol

        1. 4.(1) The condition specified in sub-paragraph (2) applies only to...

      4. Voluntary organisations

        1. 5.(1) The condition specified in sub-paragraph (2) applies only to...

      5. Pricing of alcohol

        1. 6.Where the price at which any alcohol sold on the...

      6. Irresponsible drinks promotions

        1. 7.(1) An irresponsible drinks promotion must not be carried on...

      7. Provision of non-alcoholic drinks

        1. 8.(1) The conditions specified in this paragraph apply only to...

    5. SCHEDULE 5

      Appeals

      1. Part 1 Appeals to the sheriff principal

      2. Part 2 Appeals to the sheriff

    6. SCHEDULE 6

      Modification of enactments

      1. Children and Young Persons Act 1963 (c. 37)

        1. 1.In section 37(2)(b)(ii) (restriction on persons under 16 taking part...

      2. Countryside (Scotland) Act 1967 (c. 86)

        1. 2.In section 78(1) (interpretation) of the Countryside (Scotland) Act 1967,...

      3. New Towns (Scotland) Act 1968 (c. 16)

        1. 3.(1) The New Towns (Scotland) Act 1968 is amended as...

      4. Water (Scotland) Act 1980 (c. 45)

        1. 4.In section 50(1)(b) (power to require supply by meter to...

      5. Local Government, Planning and Land Act 1980 (c. 65)

        1. 5.In section 146 (disposal of land by urban development corporation)...

      6. Civic Government (Scotland) Act 1982 (c. 45)

        1. 6.(1) The Civic Government (Scotland) Act 1982 is amended as...

      7. Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

        1. 7.(1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended...

      8. Crime and Punishment (Scotland) Act 1997 (c. 48)

        1. 8.(1) Section 61 (confiscation of alcohol from persons under 18)...

      9. Scottish Public Services Ombudsman Act 2002 (asp 11)

        1. 9.In paragraph 10 of Part 1 of schedule 2 (authorities...

      10. Freedom of Information (Scotland) Act 2002 (asp 13)

        1. 10.In paragraph 23 of Part 3 of schedule 1 (local...

    7. SCHEDULE 7

      Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources