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The Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007

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Scottish Statutory Instruments

2007 No. 546

LICENSING (LIQUOR)

The Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007

Made

28th November 2007

Coming into force

1st February 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27(2), (8) and (9) and 146(2) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 146(5) of that Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007 and come into force on 1st February 2008.

(2) In these Regulations, “the Act” means the Licensing (Scotland) Act 2005.

Amendment of mandatory conditions of premises licences

2.  In paragraph 6 of schedule 3 to the Act(2), after sub paragraph (2) insert–

(2A) At any time when a person (other than a person who holds a personal licence) is working in the premises in a capacity mentioned in sub paragraph (2), there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007.

(2B) A record kept on the premises under sub paragraph (2A) must be produced to a Licensing Standards Officer on request..

3.  After paragraph 12 of schedule 3 to the Act, insert–

Display of alcohol for consumption off the premises

13.(1) Alcohol which is for sale only for consumption off the premises may be displayed only in one or both of the following–

(a)a single area of the premises agreed between the Licensing Board and the holder of the licence; or

(b)a single area of the premises which is inaccessible to the public.

(2) In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is–

(a)a non-alcoholic drink; or

(b)packaged with, and may be purchased only along with, alcohol..

Form of training record

4.  The Schedule sets out the form referred to in sub paragraph (2A) of paragraph 6 of schedule 3 to the Act (as inserted by regulation 2 above).

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th November 2007

Regulation 4

SCHEDULEFORM OF TRAINING RECORD

LICENSING (SCOTLAND) ACT 2005 — SCHEDULE 3, PARAGRAPH 6

Explanatory Note

(This note is not part of the Regulations)

Schedule 3 to the Licensing (Scotland) Act 2005 (“the Act”) lists mandatory conditions which must be imposed by a Licensing Board on the granting of a premises licence. These Regulations amend that schedule in two respects.

Regulation 2 amends paragraph 6 of schedule 3. That paragraph imposes a training requirement on those working in licensed premises selling or serving alcohol. Paragraph 6 is amended so as to require a training record in respect of a relevant staff member to be kept on the premises whilst that person is working there. The form of record is set out in the Schedule to these Regulations.

Regulation 3 inserts a new paragraph 13 into schedule 3 to the Act. This paragraph imposes restrictions on the areas within premises in which alcohol for consumption off the premises may be displayed.

(2)

Schedule 3 was amended by S.S.I. 2007/457.

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