Licensing (Scotland) Act 1976

33 Occasional licence for premises other than licensed premises or clubs

(1) A licensing board may grant an occasional licence to the holder of a licence authorising him to sell alcoholic liquor, during such hours and on such day as the board may determine, in the course of catering for an event taking place out-with the licensed premises in respect of which he is the holder of a licence.

(2) A licensing board may grant an occasional licence to a registered club authorising the club to sell alcoholic liquor, during such hours and on such day as the board may determine, at an event held outwith the premises of the club if the event arises from or relates to the functions of the club.

(3) In granting an occasional licence under this section, which shall be in writing, the licensing board may impose such conditions as it thinks fit including a condition as to the type of alcoholic liquor which may be sold under the licence, and an occasional licence granted to the holder of a restricted hotel licence or a restaurant licence shall be subject to a condition that the sale of alcoholic liquor under the authority of the licence shall be ancillary to the provision of substantial refreshment.

(4) If the holder of the licence or his employee or agent contravenes a condition attached to an occasional licence, he shall be guilty of an offence.

(5) If a condition attached to an occasional licence is contravened as regards any club, every person entered in the register of clubs as an official, or member of the committee of management or governing body of the club at the time of the contravention shall be guilty of an offence:

Provided that a person shall not be convicted of such an offence if he proves that the contravention in question took place without his knowledge or consent.

(6) The provisions of this Act and of any byelaws or regulations made thereunder, other than provisions relating to permitted hours, shall apply to the sale of alcoholic liquor under subsection (1) above as if the sale took place on licensed premises and to the sale of alcoholic liquor under subsection (2) above as if the sale took place in the registered club.

(7) An application for an occasional licence under this section shall be made in writing to the clerk of the licensing board and shall specify the name and address of the applicant, the premises or place and occasion for which the licence is required, and the hours and period for which the licence is requested.

(8) At the same time as the application is made under subsection (7) above, the applicant shall send a copy of the application to the chief constable, and if an occasional licence is granted under this section the clerk of the licensing board shall send a copy of the licence to the chief constable not less than 24 hours before the beginning of the event to which it relates.

(9) A licensing board shall make such arrangements as it thinks fit as respects the consideration of applications under this section or any objection made thereto.

(10) In subsection (1) above," the holder of a licence " includes the holder of an off-sale licence but does not include the holder of a refreshment licence or of an entertainment licence.