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Criminal Law (Consolidation) (Scotland) Act 1995

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Criminal Law (Consolidation) (Scotland) Act 1995, Section 19 is up to date with all changes known to be in force on or before 17 October 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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19 Alcohol on vehicles.S

(1)Where a public service vehicle or [F1railway vehicle] is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—

(a)any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;

(b)if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(c)any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)F2. . . Subject to subsection (7) below, if the operator of a public service vehicle which is being operated as mentioned in subsection (1) above, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)This subsection applies to a motor vehicle which is not a public service vehicle but which is adapted to carry more than 8 passengers and is being operated for the [F3principal] purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(4)Any person in possession of alcohol on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(5)Any person who is drunk on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)Any person who permits alcohol to be carried on a vehicle to which subsection (3) above applies and—

(a)is the driver of the vehicle; or

(b)where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available,

shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)Where a person is charged with an offence under subsection (1)(b), (2) or (6) above, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

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Amendments (Textual)

F1Words in s. 19(1) substituted (1.9.2009 at 5:00 am) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), arts. 1(1), 2(1), {Sch. 1 para. 5(2)}

F2Words in s. 19(2) repealed (1.9.2009 at 5.00 am) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, sch. 7; S.S.I. 2007/472, art. 3 and the same words repealed (1.9.2009 at 5:00 am) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), arts. 1(1), 2(2), {Sch. 2}

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