Licensing (Scotland) Act 2005

60 Conditions of occasional licence

(1) Except to the extent that schedule 4 provides otherwise, every occasional licence is subject to the conditions specified in that schedule.

(2) The Scottish Ministers may by regulations modify schedule 4 so as—

(a) to add such further conditions as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b) to extend the application of any condition specified in the schedule.

(3) 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 occasional licences.

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

(5) A Licensing Board may not impose a condition under subsection (4) which—

(a) is inconsistent with any condition—

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

(ii) prescribed under subsection (3),

(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.

(6) The conditions which may be—

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

(b) prescribed under subsection (3), or

(c) imposed under subsection (4),

include, in particular, conditions of the kind described in subsection (7).

(7) 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 an occasional licence has effect, or

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