Licensing (Scotland) Act 2005

124Exempt premises

This section has no associated Explanatory Notes

(1)Each of the following are exempt premises for the purposes of this Act—

(a)an examination station at an airport designated for the purposes of this section in an order made by the Scottish Ministers,

(b)an approved wharf at a port or hoverport so designated,

(c)an aircraft, a hovercraft or a railway vehicle while engaged on a journey,

(d)a vessel while engaged on—

(i)an international journey, or

(ii)a journey (other than an international journey) forming part of a ferry service, and

(e)premises which are occupied (whether indefinitely or temporarily) for the purposes of the armed forces of the Crown, except while being used for other purposes.

(2)The Scottish Ministers may make an order under subsection (1) designating an airport, port or hoverport for the purposes of this section only if it appears to them to be one at which there is a substantial amount of international passenger traffic.

(3)For the purpose of subsection (1), the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged in a journey includes—

(a)any period ending with its departure when preparations are being made for the journey, and

(b)any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).

(4)In this section—

  • “approved wharf” has the meaning given in section 20A of the Customs and Excise Management Act 1979 (c. 2),

  • “examination station” has the meaning given in section 22A of that Act,

  • “ferry service” means a service the principal purpose of which is the transport of passengers or goods over water,

  • “international journey” means a journey with—

    (a)

    a point of departure,

    (b)

    a destination, or

    (c)

    at least one port of call,

    outside the United Kingdom, and includes any part of such a journey.