Search Legislation

Licensing (Scotland) Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes over time for: Cross Heading: Conditions of premises licence

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Licensing (Scotland) Act 2005. 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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)
  • specified provision(s) revocation of earlier commencing SSI 2006/239 by S.S.I. 2006/286 art. 6

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Conditions of premises licenceS

27Conditions of premises licenceS

(1)Except to the extent that schedule 3 provides otherwise, every premises licence is subject to the conditions specified in that schedule.

(2)The Scottish Ministers may by regulations modify schedule 3 so as—

(a)to add [F1, delete or amend a condition] as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b)to extend the application of any condition [F2for the time being] specified in the schedule.

(3)The Scottish Ministers must by regulations prescribe further conditions which Licensing Boards must impose on the granting by them of premises licences falling within subsection (4).

(4)A premises licence falls within this subsection if the operating plan for the premises to which the licence relates specifies that the premises will, on any occasion, be open for a continuous period beginning on one day and ending after 1am on the following day.

(5)The Scottish Ministers may by regulations prescribe further conditions as conditions which Licensing Boards may, at their discretion, impose on the granting by them of premises licences.

(6)Without prejudice to subsection (5), where a Licensing Board grants a premises licence, the Board may impose such other conditions (in addition to those to which the licence is subject by virtue of subsection (1) or (3)) as they consider necessary or expedient for the purposes of any of the licensing objectives.

(7)A Licensing Board may not impose a condition under subsection (6) which—

(a)is inconsistent with any condition—

(i)to which the premises licence is subject by virtue of subsection (1), or

(ii)prescribed under subsection (5),

(b)would have the effect of making any such condition more onerous or more restrictive, or

(c)relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

(8)The conditions which may be—

(a)added under subsection (2)(a),

(b)prescribed under subsection (5), or

(c)imposed under subsection (6),

include, in particular, conditions of the kind described in subsection (9).

(9)Those are conditions requiring anything to be done, or prohibiting or restricting the doing of anything, in connection with—

(a)the sale of alcohol on the premises in respect of which a premises licence has effect, or

(b)any other activity carried on in such premises.

(10)Where, under any provision of this Act, a Licensing Board has power to make a variation of the conditions to which a premises licence is subject, the power may not be exercised so as to have the effect of imposing a condition which the Board could not have imposed under this section on the granting of the licence.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 27 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F327APower of Board to vary premises licence conditionsS

(1)A Licensing Board may, in relation to any prescribed matter, make a variation of the conditions to which a premises licence in respect of licensed premises within its area is subject.

(2)The Scottish Ministers may not, under subsection (1), prescribe the age at which persons aged 18 or over may purchase alcohol as a matter in respect of which the conditions to which a premises licence is subject may be varied under this section.

(3)A variation under subsection (1) may apply to—

(a)all licensed premises,

(b)particular licensed premises,

(c)licensed premises within particular parts of its area, or

(d)licensed premises of a particular description.

(4)A variation under subsection (1) has effect for such period as the Board may specify in it.

(5)The Board may make a variation under subsection (1) only where it is satisfied that the variation is necessary or expedient for the purposes of any of the licensing objectives.

(6)Before making a variation under subsection (1), the Board must—

(a)publish, in the prescribed manner, notice of the proposed variation, and

(b)give notice of the proposed variation to—

(i)the persons mentioned in section 21(1)(b), (c), (ca), (d) and (e), and

(ii)the holders of premises licences in respect of premises to which the proposed variation would apply.

(7)A notice under subsection (6) must state that any person may, by notice to the Licensing Board, make representations to the Board concerning the proposed variation before such date as the Board specifies in the notice under subsection (6).

(8)If the Board receives any representations before the date specified, the Board—

(a)must hold a hearing in relation to the proposed variation, and

(b)may give such persons who have made representations as the Board considers appropriate an opportunity to be heard at the hearing.

(9)Where a Licensing Board makes a variation under subsection (1), the Board must—

(a)amend the premises licence,

(b)within the period of one month, give notice of the variation to—

(i)the [F4chief constable], and

(ii)the holders of premises licences in respect of premises to which the variation applies,

(c)send a copy of the variation to the address of the premises to which the variation applies, and

(d)publicise the variation in such manner as the Board thinks fit.

(10)A variation under subsection (1) does not have effect unless notice under subsection (9)(b)(ii) has been given.

(11)In subsection (1), the power to make a variation of the conditions to which a premises licence is subject includes—

(a)a power to make a revocation of such a variation in the same manner and subject to the same conditions, duties and limitations as the variation, and

(b)a power to make a variation (or a revocation of a variation) of the conditions to which a provisional premises licence is subject.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in s. 27A(9)(b)(i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 enacted version 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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