Licensing (Scotland) Act 1976

1. Introductory Text

2. Part I Licensing Boards

   1. 1. Licensing boards.

   2. 2. Disqualification of interested persons.

   3. 3. Expenses of members of licensing boards.

   4. 4. Meetings of licensing boards.

   5. 5. Arrangements for discharge of functions of licensing boards.

   6. 6. Chairman.

   7. 7. Clerk of licensing boards.

   8. 8. Fees payable.

3. Part II The General Licensing System

   1. 9. Grant of licences by licensing boards.

   2. 10. Application for licence.

   3. 11. Special provisions for applications made other than by individual natural persons.

   4. 12. Publication of list of applications.

   5. 13. Consideration of applications.

   6. 14. Further application for new licence where previous application refused.

   7. 15. Attendance at meeting of licensing board by applicant or his representative.

   8. 16. Objections in relation to applications.

   9. 16A. Observations by chief constable in relation to applications.

   10. 17. Grounds for refusal of application.

   11. 18. Giving of reasons for decisions of a licensing board.

   12. 18A. Licensing conditions for certain events.

   13. 18B. Conditions for existing licences.

   14. 19. Canvassing.

   15. 20. Register of applications and decisions.

   16. 21. Issue of licences.

   17. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   18. 23. Special provisions relating to applications for new licence.

   19. 24. Special provisions relating to applications for renewal of a licence.

   20. 25. Transfer of licences.

   21. 26. Provisional grant of licence.

   22. 27. Grant of provisional licence.

   23. 28. Licence not to be granted for premises on special roads.

   24. 29. Alcoholic liquor which may be sold under licence.

   25. 30. Currency of licence.

   26. 31. Suspension of licence on receipt of complaint.

   27. 32. Other power to suspend licence.

   28. 33. Occasional licence for premises other than licensed premises or clubs.

   29. 34. Occasional permissions.

   30. 35. Consent of licensing board required for reconstruction, etc. of certain licensed premises.

   31. 36. Power of licensing board to order structural alterations on renewal of certain licences.

   32. 37. Power of licensing board to make regulations.

   33. 38. Power of licensing board to make byelaws.

   34. 39. Appeals to sheriff.

4. Part III Seamen’s Canteens

   1. 40. Power to authorise grant of licences for seamen’s canteens.

   2. 41. Procedure for grant of licences.

   3. 42. Renewal of licences.

   4. 43. Transfer of licences.

   5. 44. Rights of appeal.

   6. 45. Provisions of this Act which apply to licensed canteens.

   7. 46. Interpretation of Part III.

5. Part IV

   1. 47—52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Part V The Permitted Hours

   1. 53. Permitted hours in licensed premises and registered clubs.

   2. 54. Prohibition of sale and consumption of alcoholic liquor except during permitted hours.

   3. 55. Additional provisions regarding restricted hotel and restaurant licences.

   4. 56. Alternative permitted hours in certain athletic clubs during winter.

   5. 57. Extension of permitted hours in the afternoon in certain licensed premises and clubs.

   6. 58. Extension of permitted hours in the evening in certain licensed premises and clubs.

   7. 59. Restaurants in public houses may have permitted hours on Sundays in certain cases.

   8. 60. Other provisions as respects extension of permitted hours on Sundays.

   9. 61. Six-day licence.

   10. 62. Seasonal licences.

   11. 63. Exemption of international airports from restrictions on times at which alcoholic liquor may be sold or supplied.

   12. 63A. Exemption of international ports from restrictions on permitted hours.

   13. 64. Occasional and regular extensions of permitted hours.

   14. 65. Restriction orders.

   15. 66. Temporary restriction of permitted hours.

7. Part VI Offences

   1. 67. Penalties for offences against provisions of this Act and Prevention of Corruption Acts.

   2. 68. Protection of young persons.

   3. 69. Children prohibited from bars and licensed canteens.

   4. 70. Children on premises in respect of which refreshment licence held.

   5. 71. Defence in relation to offences under section 68(1)(5), 69(1) or 70 of this Act.

   6. 72. Persons under 18 not to be employed in bars of licensed canteens.

   7. 73. Persons under 18 not to be employed to serve alcoholic liquor in premises for which refreshment licence is held.

   8. 74. Drunk persons entering or in licensed premises.

   9. 75. Procuring or aiding a drunken person to procure alcoholic liquor.

   10. 76. Sale or supply of alcoholic liquor to drunken persons.

   11. 77. Licence-holder and employees and agents not to be drunk.

   12. 78. Riotous behaviour, etc. in licensed premises.

   13. 79. Refusal to leave licensed premises.

   14. 80. Penalty for permitting thieves, prostitutes, etc., or stolen goods in licensed premises.

   15. 81. Prohibition of betting and gaming offences.

   16. 82. Persons found drinking in unlicensed premises.

   17. 83. Drinking in places of public refreshment, etc., when public house is closed.

   18. 84. Offences in relation to constables.

   19. 85. Power of police to enter licensed premises.

   20. 86. Power of police to enter unlicensed premises.

   21. 87. Restriction on credit sales.

   22. 88. Fraudulent adulteration of food and drink.

   23. 89. Order to close licensed premises.

   24. 90. Trafficking or bartering without licence or hawking of liquor.

   25. 90A. Wholesale selling of alcoholic liquor.

   26. 91. Delivery of alcoholic liquor by vehicles, etc.

   27. 92. Restriction on carriage of alcoholic liquor in crates, etc., on contract carriages.

   28. 93. Sale of alcoholic liquor on passenger vessels on Sundays.

   29. 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   30. 95. Sale or supply of alcoholic liquor for consumption outside registered club.

   31. 96. Prohibition of sale or supply of alcoholic liquor in licensed canteens for consumption off the premises.

   32. 97. Consumption in, taking away of, and selling liquor from, off-sale premises.

   33. 97A. Supervision of sales of liquor in off-sale premises.

   34. 98. Restriction on sale or supply of liquor in premises subject to restricted hotel licence.

   35. 99. Restriction on sale or supply of liquor in premises subject to restaurant licence.

   36. 100. Restriction on sale or supply of liquor in premises subject to a refreshment licence.

   37. 101. Restriction on sale or supply of liquor in premises subject to entertainment licence.

8. Part VII Clubs

   1. 102. Register of clubs.

   2. 103. Application for certificate of registration.

   3. 104. Application for renewal of certificate of registration.

   4. 105. Procedure on application for grant or renewal of certificate of registration.

   5. 106. Currency of certificate of registration.

   6. 107. Club rules qualifying for registration.

   7. 108. Competent ground of objection to registration.

   8. 109. Cancellation of certificate of registration.

   9. 110. Disqualification of premises for purposes of club.

   10. 111. Penalties for offences by officials of registered clubs.

   11. 112. Persons under 14 not to be allowed in club bars.

   12. 113. Persons under 18 not to be employed to serve alcoholic liquor in clubs.

   13. 114. Power of police to enter clubs.

   14. 115. Inspection of register of clubs and of rules and list of members of club.

   15. 116. Citation of registered club.

   16. 117. Sheriff’s jurisdiction and decision.

   17. 118. Interpretation of Part VII.

9. Part VIII Miscellaneous, Transitional & General

   1. 119. Trading hours for off-sale premises and off-sale parts of public houses and hotels.

   2. 120. Liquor in unregistered clubs.

   3. 121. Sale or supply of alcoholic liquor in certain theatres.

   4. 122. Proof of trafficking in alcoholic liquor without licence.

   5. 123. Alcoholic liquor in confectionery.

   6. 124. Local authority premises.

   7. 125. Supply of alcoholic liquor on order by certain officials and others.

   8. 126. Burden of proof in case of drunkenness in licensed premises.

   9. 127. Presumption as to contents of containers.

   10. 128. Trial of offences.

   11. 129. Conviction of licence-holder to be transmitted to clerk of licensing board.

   12. 130. Limitation of actions against sheriffs, etc.

   13. 131. Temperance areas.

   14. 132. Currency of final licensing certificates.

   15. 133. Betting and gaming licences and permits.

   16. 134. Notices, etc.

   17. 135. Orders.

   18. 136. Amendments and repeals.

   19. 137. Expenses.

   20. 138. Exemptions and savings.

   21. 139. Interpretation.

   22. 140. Transitional provisions.

   23. 141. Short title extent and commencement.

10. SCHEDULES

    1. SCHEDULE 1

       Types of Licence

       1. Public house licence

          1. A public house licence is a licence granted in respect...

       2. Off-sale licence

          1. An off-sale licence is a licence granted in respect of...

       3. Hotel licence

          1. A hotel licence is a licence granted in respect of...

       4. Restricted hotel licence

          1. A restricted hotel licence is a licence which—

       5. Restaurant licence

          1. A restaurant licence is a licence granted in respect of...

       6. Refreshment Licence

          1. A refreshment licence is a licence granted in respect of...

       7. Entertainment Licence

          1. An entertainment licence is a licence granted in respect of...

    2. SCHEDULE 2

       Seamen’s Canteens Grant and Transfer of Licences under Part III of this Act

       1. Part I Applications for grant of licences

          1. 1. (1) The applicant for the grant of a licence under...

          2. 2. Where an applicant has, through inadvertence or misadventure, failed to...

       2. Part II Application for and grant of provisional licences

          1. 3. The provisions of Part III of this Act relating to...

          2. 4. (1) A notice under paragraph 1 above need not state...

          3. 5. (1) A provisional licence shall not come into force until...

       3. Part III Application for transfer

          1. 6. (1) A person applying to the licensing board for the...

          2. 7. Paragraph 2 above shall apply in relation to paragraph 6...

    3. SCHEDULE 3

       1. . . . . . . . . . ....

    4. SCHEDULE 4

       Sunday Opening of Premises in Respect of which a Public House Licence or Refreshment Licence is or will be in force and Sunday Restriction Orders Relating to Licensed Premises

       1. Part I Applications for Sunday opening

          1. 1. Applications may be made to a licensing board in accordance...

          2. 2. The holder of a public house licence or a refreshment...

          3. 3. The clerk of a licensing board shall, not later than...

          4. 4. The list mentioned in paragraph 3 above shall specify—

          5. 5. Section 10(2)(b) and section 10(5) of this Act shall, with...

          6. 6. It shall be competent for any person mentioned in section...

          7. 7. A licensing board shall refuse an application made under paragraph...

          8. 8. The consequence of the refusal of an application under paragraph...

          9. 9. An applicant may appeal to the sheriff against a decision...

          10. 10. Any competent objector who appeared at the hearing of any...

          11. 11. A licensing board shall not within two years of its...

          12. 12—14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          13. 15. The grant of an application for Sunday opening under paragraph...

          14. 15A. If an application for renewal of a public house licence...

          15. 16, 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          16. 18. The grant of an application for Sunday opening shall cease...

       2. Part II Sunday restriction orders

          1. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          3. 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          4. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. SCHEDULE 5

       Penalties for Offences Against Provisions of this Act

    6. SCHEDULE 6

       Forms Relating to Registration of Clubs

       1. 1 Form of statement to accompany application by club for grant or renewal of certificate of registration

          1. We, [here state names and qualifications for making statement] [where...

          2. [Signature, date and address of each person certifying, to be...

       2. 2 Form of certificate of registration of clubs to be granted under this Act

          1. Certificate of Registration

             1. I, , sheriff clerk of, registrar of clubs, hereby certify...

             2. Given under my hand this day of, 19 .Registrar of...

    7. SCHEDULE 7

       Minor and Consequential Amendment of Enactments

       1. The Burgh Police (Scotland) Act 1892

          1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          3. 3, 4. . . . . . . . . . ....

       2. The Finance Act 1967

          1. 5. In section 5(3) (abolition of club licences, etc.), for the...

       3. Countryside (Scotland) Act 1967

          1. 6. In section 78(1) (interpretation), for the definition of “refreshments" there...

       4. The New Towns (Scotland) Act 1968

          1. 7. In section 18(2) (disposal of land by development corporation), for...

          2. 8. In section 47(1) (interpretation), after the definition of “the Act...

       5. The Gaming Act 1968

          1. 9. In section 6 (general provisions as to gaming in licensed...

          2. 10. In section 7(2) (provisions as to persons under 18), the...

          3. 11. In section 8(7) (offences), for the words “subsection (7) of...

          4. 12. In paragraph 23 of Schedule 9 (permits under section 34),...

    8. SCHEDULE 8

       Repeals