Search Legislation

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

  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

    2. Schedule 2

      Local Licensing Forums

    3. Schedule 3

      Premises licences: mandatory conditions

    4. Schedule 4

      Occasional licences: mandatory conditions

    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

    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