Licensing (Scotland) Act 2005
2005 asp 16
An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.
Act power to modify conferred (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 15(1)(c)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Part 1Core provisions
I1561Prohibition of unlicensed sale of alcohol
1
Alcohol is not to be sold on any premises except under and in accordance with—
a
a premises licence, or
b
an occasional licence,
granted under this Act in respect of the premises.
2
Subsection (1) does not apply to the selling of alcohol—
a
on exempt premises, or
b
to trade.
3
A person who—
a
sells alcohol, or
b
F11... allows alcohol to be sold,
in breach of subsection (1) commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to—
a
a fine not exceeding £20,000,
b
imprisonment for a term not exceeding 6 months, or
c
both.
I52Meaning of “alcohol”
1
In this Act, “alcohol”—
a
means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but
b
does not include—
i
alcohol which is of a strength of 0.5% or less at the time of its sale,
ii
perfume,
iii
any flavouring essence recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,
F204iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
v
alcohol which is, or is included in, a medicinal product,
vi
denatured alcohol,
vii
methyl alcohol,
viii
naphtha, or
ix
alcohol contained in liqueur confectionery.
2
In this section—
“beer”, “cider”, “denatured alcohol”, “dutiable alcoholic liquor” and “wine” have the same meanings as in the Alcoholic Liquor Duties Act 1979 (c. 4), and
“medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67).
I63Certain supplies of alcohol to be treated as sales
1
A supply of alcohol which is not otherwise a sale of the alcohol is, in the circumstances described in subsection (2) or (3), to be treated for the purposes of this Act as if it were a sale of the alcohol.
2
The first set of circumstances is where the supply is by or on behalf of a club to, or to the order of, a member of the club.
3
The second set of circumstances is where the supply is made to, or to the order of, a person pursuant to a right acquired by the person under a contract.
I74The licensing objectives
1
For the purposes of this Act, the licensing objectives are—
a
preventing crime and disorder,
b
securing public safety,
c
preventing public nuisance,
d
protecting and improving public health, and
e
protecting children F245and young persons from harm.
F1202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Licensing bodies and officers
Licensing Boards
I85Licensing Boards
1
There is to continue to be a Licensing Board for—
a
the area of each council whose area is not, at the time this section comes into force, divided into licensing divisions under section 46(1) of the Local Government etc. (Scotland) Act 1994 (c. 39) (“the 1994 Act”), and
b
each licensing division of such an area which is so divided at that time.
2
A council whose area is not so divided at that time may subsequently make a determination that their area is to be divided into divisions for the purposes of this Act.
3
Where a council makes such a determination—
a
there is to be a separate Licensing Board for each of the divisions,
b
the Licensing Board for the council's area is dissolved on the date on which those separate Licensing Boards are elected in accordance with schedule 1, and
c
anything done by the Licensing Board for the council's area before the Board is dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by such of the separate Licensing Boards as the council may determine.
4
A council which has made a determination (whether under subsection (2) or section 46(1) of the 1994 Act) that their area is to be divided into divisions may revoke the determination.
5
Where a council revokes such a determination—
a
there is to be a single Licensing Board for the whole of the council's area,
b
each of the Licensing Boards for the divisions is dissolved on the date on which the single Licensing Board is elected in accordance with schedule 1, and
c
anything done by the Licensing Boards for the divisions before they are dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by the single Licensing Board.
6
Subsection (7) applies where a council—
a
makes a determination under subsection (2), or
b
revokes such a determination or a determination made under section 46(1) of the 1994 Act.
7
The council must, no later than 7 days after the making of the determination or the revocation—
a
notify the Scottish Ministers of the determination or revocation, and
b
publicise it in such manner as the council sees fit.
8
Schedule 1 makes further provision about the constitution of Licensing Boards, their procedure and other administrative matters relating to them.
I96Statements of licensing policy
1
Every Licensing Board must, before the beginning of each F192licensing policy period, publish a statement of their policy with respect to the exercise of their functions under this Act during that period (referred to in this Act as a “licensing policy statement”).
2
A Licensing Board may, during a F193licensing policy period, publish a supplementary statement of their policy with respect to the exercise of their functions during the remainder of that period (referred to in this Act as a “supplementary licensing policy statement”).
3
In preparing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—
a
ensure that the policy stated in the statement seeks to promote the licensing objectives, and
b
consult—
i
the Local Licensing Forum for the Board's area,
ii
if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative, F86...
F87iia
the relevant health board, and
iii
such other persons as the Board thinks appropriate.
F1903ZA
A Licensing Board may, in preparing a licensing policy statement, decide that the licensing policy period to which the statement relates is to begin on a date earlier than it otherwise would under subsection (7).
3ZB
Where a Licensing Board make a decision under subsection (3ZA) they must, when publishing the licensing policy statement under subsection (6), publicise the date on which they have decided the licensing policy period is to begin.
F853A
A Licensing Board may not, in a licensing policy statement or supplementary licensing policy statement, indicate an intention to introduce (by means of the imposition of conditions on the granting of premises licences or the variation of conditions in premises licences) a prohibition on the sale of alcohol for consumption off licensed premises to persons aged 18 or over but under 21 which applies to—
a
all premises in its area which are licensed to sell alcohol for consumption off the premises, or
b
premises licensed as mentioned in paragraph (a)—
i
in a particular part of its area, or
ii
of a particular description.
4
In exercising their functions under this Act during each F194licensing policy period, a Licensing Board must have regard to the licensing policy statement, and any supplementary licensing policy statement, published by the Board in relation to that period.
5
At the request of a Licensing Board—
F89aa
the relevant health board, or
b
the relevant council,
must provide to the Board such statistical or other information as the Board may reasonably require for the purpose of preparing a licensing policy statement or supplementary licensing policy statement.
6
On publishing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—
a
make copies of the statement available for public inspection free of charge, and
b
publicise—
i
the fact that the statement has been published, and
ii
the arrangements for making copies available for public inspection in pursuance of paragraph (a).
F1917
Subject to subsection (3ZA), in this section, “licensing policy period” means the period between each relevant date.
8
For the purposes of subsection (7), “relevant date” means the date occurring 18 months after an ordinary election of councillors for local government areas takes place under section 5 of the Local Government etc. (Scotland) Act 1994.
7Duty to assess overprovision
I1571
Each licensing policy statement published by a Licensing Board must, in particular, include a statement as to the extent to which the Board considers there to be overprovision of—
a
licensed premises, or
b
licensed premises of a particular description,
in any locality within the Board's area.
I102
It is for the Licensing Board to determine the “localities” within the Board's area for the purposes of this Act F195and in doing so the Board may determine that the whole of the Board's area is a locality.
I1573
In considering whether there is overprovision for the purposes of subsection (1) in any locality, the Board F196...—
F199aa
may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises in the locality, and
b
F200must consult the persons specified in subsection (4).
I1574
Those persons are—
a
the F146chief constable,
F90aa
the relevant health board,
b
such persons as appear to the Board to be representative of the interests of—
i
holders of premises licences in respect of premises within the locality,
ii
persons resident in the locality, and
c
such other persons as the Board thinks fit.
I1575
In this section, references to “licensed premises” do not include references to any premises in respect of which an occasional licence has effect.
I118Applicants attempting to influence Board members
1
If a person making an application under this Act to a Licensing Board attempts, at any time before the application is determined by the Board, to influence a member of the Board to support the application, the person commits an offence.
2
If, in relation to any application made to, but not yet determined by, a Licensing Board under this Act, proceedings for an offence under subsection (1) are brought against the applicant—
a
the Board must not determine the application until after the proceedings are concluded, and
b
if the applicant is convicted of the offence, the Board may refuse to consider the application.
3
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I559Licensing Board's duty to keep a public register
1
Each Licensing Board must keep a register (referred to in this Act as a “licensing register”) containing information relating to—
a
premises licences, personal licences and occasional licences issued by the Board,
b
the Board's decisions in relation to applications made to the Board under this Act, and
c
other decisions of the Board relating to the licences mentioned in paragraph (a).
2
The Scottish Ministers may by regulations make provision as to—
a
matters, in addition to those specified in paragraphs (a) to (c) of subsection (1), in relation to which licensing registers are to contain information,
b
the information which such registers are to contain, and
c
the form and manner in which the registers are to be kept.
3
A Licensing Board must make the licensing register kept by the Board available for public inspection at all reasonable times.
9AF275Annual functions report
1
Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.
F2901A
If, for a reason relating to coronavirus, a Licensing Board is unable to comply with subsection (1), the Board must—
a
not later than 3 months after the end of the financial year, publish on its website (or, if it does not have one, on the website of the council for the Board's area)—
i
the fact that the Board is unable to comply with subsection (1) and the reason for that, and
ii
the Board's estimate as to when it will publish the report, and
b
prepare and publish the report not later than 9 months after the end of the financial year.
2
A report under this section must include—
a
a statement explaining how the Board has had regard to—
i
the licensing objectives, and
ii
their licensing policy statement and any supplementary licensing policy statement (including the Board's statement under section 7(1) (duty to assess overprovision)),
in the exercise of their functions under this Act during the financial year,
b
a summary of the decisions made by (or on behalf of) the Board during the financial year, and
c
information about the number of licences held under this Act in the Board's area (including information about the number of occasional licences issued during the year).
3
A report under this section may include such other information about the exercise of the Licensing Board's functions under this Act as the Board consider appropriate.
4
At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.
5
In discharging their duties under subsection (1) and section 9B(1) (annual financial report), a Licensing Board may, if they consider it appropriate, prepare and publish a combined report containing the information required under this section and under section 9B (which combined report must be published not later than 3 months after the end of the financial year in question).
6
The Scottish Ministers may by regulations make further provision about reports under this section including, in particular, provision about—
a
the form and required content of reports,
b
the publication of reports.
7
In this section, “ financial year ” means a yearly period ending on 31 March.
9BAnnual financial report
1
Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.
F2991A
If, for a reason relating to coronavirus, a Licensing Board is unable to comply with subsection (1), the Board must—
a
not later than 3 months after the end of the financial year, publish on its website (or, if it does not have one, on the website of the council for the Board's area)—
i
the fact that the Board is unable to comply with subsection (1) and the reason for that, and
ii
the Board's estimate as to when it will publish the report, and
b
prepare and publish the report not later than 9 months after the end of the financial year.
2
A report under this section must include—
a
a statement of—
i
the amount of relevant income received by the Licensing Board during the financial year, and
ii
the amount of relevant expenditure incurred in respect of the Board's area during the year, and
b
an explanation of how the amounts in the statement were calculated.
3
For the purposes of subsection (2)—
“ relevant income ”, in relation to a Licensing Board, means income received by the Board in connection with the exercise of the Board's functions under or by virtue of—
- a
this Act, or
- b
section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and
- a
“ relevant expenditure ”, in relation to a Licensing Board, means any expenditure—
- a
which is attributable to the exercise of the Board's functions under or by virtue of—
- i
this Act, or
- ii
section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and
- i
- b
which is incurred by—
- i
the Board,
- ii
the relevant council, or
- iii
the Licensing Standards Officer (or Officers) for the Board's area.
- i
- a
4
At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.
5
The Scottish Ministers may by regulations make further provision about reports under this section including provision—
a
about the form and content of reports including, in particular—
i
how a statement required under subsection (2) is to be set out, and
ii
what constitutes relevant income and relevant expenditure for the purposes of subsection (2), and
b
the publication of reports.
6
Regulations under subsection (5)(a) may modify subsection (3).
7
In this section, “ financial year ” means a yearly period ending on 31 March.
Local Licensing Forums
I1210Local Licensing Forums
1
Each council must establish a Local Licensing Forum for their area.
2
However, where the area of a council is divided into licensing divisions, the council may, instead of establishing a Local Licensing Forum for their area, establish separate such Forums for each division.
3
Each Licensing Board must hold, at least once in each calendar year, a joint meeting with the Local Licensing Forum for the Board's area.
4
Schedule 2 makes further provision about Local Licensing Forums, including provision about their membership and procedural and other administrative matters in relation to them.
I1311General functions of Local Licensing Forums
1
Each Local Licensing Forum has the following general functions—
a
keeping under review—
i
the operation of this Act in the Forum's area, and,
ii
in particular, the exercise by the relevant Licensing Board or Boards of their functions, and
b
giving such advice and making such recommendations to that or any of those Boards in relation to those matters as the Forum considers appropriate.
2
Subsection (1) does not enable a Local Licensing Forum to—
a
review, or
b
give advice, or make recommendations, in relation to,
the exercise by a Licensing Board of their functions in relation to a particular case.
3
In this section, section 12 and schedule 2, “relevant Licensing Board”, in relation to a Local Licensing Forum, means—
a
the Licensing Board for the Forum's area, or
b
in the case of a Local Licensing Forum for a council area which is divided into licensing divisions, each of the Licensing Boards for those divisions.
I1412Licensing Boards' duties in relation to Local Licensing Forums
1
A Licensing Board must—
a
in exercising any function, have regard to any advice given, or recommendation made, to them in relation to the function by a Local Licensing Forum, and
b
where the Board decides not to follow the advice or recommendation, give the Forum reasons for the decision.
2
At the request of a Local Licensing Forum, a relevant Licensing Board must provide to the Forum copies of such relevant statistical information as the Forum may reasonably require for the purposes of the Forum's general functions.
3
In this section, “relevant statistical information” means, in relation to a Licensing Board, such statistical information as the Board may have obtained under section 6(5).
F125Chief constables' reports
S. 12A and cross-heading inserted (1.4.2012) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 12, 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
12AF136Chief constable's reports to Licensing Boards and Local Licensing Forums
1
F165The chief constable must, as soon as practicable after the end of each financial year, send a report to each Licensing Board F166... setting out—
a
the chief constable's views about matters relating to policing in connection with the operation of this Act in the Board's area during that year and the following year, and
b
any steps the chief constable—
i
has taken during that year,
ii
intends to take in the following year,
to prevent the sale or supply of alcohol to children or young people in that area.
2
The chief constable must also send a copy of the report to the Local Licensing Forum for the Board's area.
3
If a Licensing Board or Local Licensing Forum so requests, the chief constable (or other constable nominated by the chief constable) must attend a meeting of the Board or Forum to discuss the report.
Licensing Standards Officers
I1513Licensing Standards Officers
1
Each council must appoint for their area one or more officers to be known as Licensing Standards Officers.
2
A person may hold more than one appointment under subsection (1) (so as to be a Licensing Standards Officer for more than one council area).
3
A Licensing Standards Officer is to exercise, in relation to the (or each) council area for which the Officer is appointed, the functions conferred on a Licensing Standards Officer by virtue of this Act.
4
The number of Licensing Standards Officers for any council area is to be such as the council may determine.
5
The Scottish Ministers may by regulations prescribe qualifications and experience required for appointment as a Licensing Standards Officer.
6
Where the Scottish Ministers have made regulations under subsection (5), a council must not appoint an individual to be a Licensing Standards Officer unless the individual possesses the qualifications and experience prescribed in the regulations in relation to that appointment.
7
Otherwise, the terms and conditions of appointment of a Licensing Standards Officer appointed by a council under this section are to be such as the council may determine.
I1614General functions of Licensing Standards Officers
1
A Licensing Standards Officer for a council area has the following general functions—
a
providing to interested persons information and guidance concerning the operation of this Act in the area,
b
supervising the compliance by the holders of—
i
premises licences, or
ii
occasional licences,
in respect of premises in the area with the conditions of their licences and other requirements of this Act,
F219ba
providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives,
c
providing mediation services for the purpose of avoiding or resolving disputes or disagreements between—
i
the holders of the licences referred to in paragraph (b), and
ii
any other persons,
concerning any matter relating to compliance as referred to in that paragraph.
2
The function under subsection (1)(b) includes, in particular, power—
a
where a Licensing Standards Officer believes that any condition to which a premises licence or occasional licence is subject has been or is being breached—
i
to issue a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and
ii
if, in the case of a premises licence, such a notice is not complied with to the satisfaction of the Officer, to make a premises licence review application in respect of the licence,
b
in relation to a premises licence, to make an application under that section for review of the licence on any other competent ground for review.
I15815Powers of entry and inspection
1
A Licensing Standards Officer for a council area may, for the purpose of determining whether the activities being carried on in any licensed premises in the area are being carried on in accordance with—
a
the premises licence or, as the case may be, occasional licence in respect of the premises, and
b
any other requirements of this Act,
exercise the powers specified in subsection (2).
2
The powers referred to subsection (1) are—
a
power to enter the premises at any time for the purpose of exercising the power specified in paragraph (b), and
b
power to carry out such inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary.
3
Where a Licensing Standards Officer exercises either of those powers in relation to any licensed premises, the persons specified in subsection (4) must—
a
give the Officer such assistance,
b
provide the Officer with such information, and
c
produce to the Officer such documents,
as the Officer may reasonably require.
4
The persons referred to in subsection (3) are—
a
the holder of the premises licence or, as the case may be, occasional licence in respect of the premises,
b
in the case of licensed premises in respect of which a premises licence has effect, the premises manager, and
c
in any case, any person working on the premises at the time the Officer is exercising the power.
5
A person who—
a
intentionally obstructs a Licensing Standards Officer in the exercise of any power under subsection (2), or
b
refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (3),
commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I1716Training of Licensing Standards Officers
1
A Licensing Standards Officer must comply with such requirements as to the training of Licensing Standards Officers as may be prescribed.
F2881A
Subsections (1B) and (1C) apply if a Licensing Standards Officer is, for a reason relating to coronavirus, unable to comply with a requirement prescribed by regulations under subsection (1) to undertake a course of training within a particular period.
1B
The period within which the course is to be undertaken—
a
may be extended, on one or more than one occasion, by the (or each) council which appointed the Officer, but
b
must not be extended beyond the date that is 12 months after the date by which the course would have had to be undertaken were it not for this subsection.
1C
If a council extends the period—
a
during the period of the extension, the Officer is not to be treated by that council as failing to comply with subsection (1) on the basis of having failed to undertake a course within a particular period, but
b
at the end of the period of the extension, the Officer is to be treated by that council as failing to comply with subsection (1) if the Officer has not undertaken the course.
2
F289Subject to subsection (1C), if a Licensing Standards Officer fails to comply with subsection (1), the (or each) council which appointed the Officer must terminate the Officer's appointment.
3
Regulations under subsection (1) prescribing training requirements may, in particular—
a
provide for accreditation by the Scottish Ministers of—
i
courses of training, and
ii
persons providing such courses,
for the purposes of the regulations,
b
prescribe different requirements in relation to different descriptions of Licensing Standards Officers, and
c
require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.
Part 3Premises licences
Introductory
I1817Premises licence
In this Act, “premises licence”, in relation to any premises, means a licence issued by a Licensing Board under section 26(1) or 47(2) authorising the sale of alcohol on the premises.
I5618Meaning of “appropriate Licensing Board”
1
In this Part, “the appropriate Licensing Board” means, in relation to any premises or premises licence issued in respect of any premises—
a
the Licensing Board in whose area the premises are situated, or
b
where the premises are situated in the area of more than one Licensing Board—
i
the Board in whose area the greater or greatest part of the premises is situated, or
ii
if neither or none of those Boards falls within sub-paragraph (i), such of the Boards as is nominated in accordance with subsection (2).
2
In a case falling within subsection (1)(b)(ii), the applicant for a premises licence in respect of the premises must nominate one of the Licensing Boards to be the Licensing Board for the purposes of the application of this Part in relation to the premises.
19Premises manager
I191
In this Act, “premises manager”, in relation to any licensed premises in respect of which a premises licence has effect, means the individual for the time being specified as such in the premises licence.
I57C102
An individual may not, at any one time, be the premises manager of more than one licensed premises; and, accordingly, if an individual who is the premises manager of licensed premises is subsequently specified in the premises licence of other licensed premises as the premises manager of those other premises, the subsequent specification is of no effect.
Premises licence applications
I5820Application for premises licence
1
Any person, other than an individual under the age of 18, may apply to the appropriate Licensing Board for a premises licence in respect of any premises.
2
An application under subsection (1) must—
a
contain a description of the subject premises, and
3
An application under subsection (1) which complies with subsection (2) is referred to in this Act as a “premises licence application”.
4
An “operating plan” in relation to any premises is a document in the prescribed form containing—
a
a description of the activities to be carried on in the premises,
b
a statement of the times during which it is proposed that alcohol be sold on the premises,
c
a statement as to whether the alcohol is to be sold for consumption on the premises, off the premises or both,
d
a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,
e
where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—
i
the ages of children or young persons to be allowed entry,
ii
the times at which they are to be allowed entry, and
iii
the parts of the premises to which they are to be allowed entry,
f
information as to the proposed capacity of the premises,
g
prescribed information about the individual who is to be the premises manager, and
h
such other information in relation to the premises and the activities to be carried on there as may be prescribed.
5
Where alcohol is to be sold both for consumption on and for consumption off any premises, the operating plan for the premises may, under subsection (4)(b), state different times for—
a
the sale of alcohol for consumption on the premises, and
b
the sale of alcohol for consumption off the premises.
F2786
A “disabled access and facilities statement” is a statement, in the prescribed form, containing information about—
a
provision made for access to the subject premises by disabled persons,
b
facilities provided on the subject premises for use by disabled persons, and
c
any other provision made on or in connection with the subject premises for disabled persons.
7
In subsection (6), "disabled person" is to be interpreted in accordance with section 6 of the Equality Act 2010 (c.15).
I5921Notification of application
1
Where a Licensing Board receives a premises licence application, the Board must give notice of the application to—
a
each person having a notifiable interest in neighbouring land,
b
any community council within whose area the premises are situated,
c
the council within whose area the premises are situated (except where the council is the applicant),
F91ca
the relevant health board,
d
the F133chief constable, and
e
the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.
F132
On giving notice of an application under subsection (1), the Licensing Board—
a
must provide the F134chief constable with a copy of the application, and
b
may provide any other person to whom notice is given with a copy of the application.
3
The F135chief constable must, within 21 days of the date of receipt of a notice under subsection (1)(d), F292or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board—
a
one or other of the notices mentioned in subsection (4), F14...
F15b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2913A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
4
Those notices are—
a
a notice stating that neither—
i
the applicant, nor
ii
in the cases where the applicant is neither an individual nor a council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,
has been convicted of any relevant offence or foreign offence, or
b
a notice specifying any convictions of—
i
the applicant, or
ii
in any of the cases mentioned in paragraph (a)(ii), any connected person,
for a relevant offence or a foreign offence.
F125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section—
I6022Objections and representations
1
Where a premises licence application is made to a Licensing Board, any person may, by notice to the Licensing Board—
a
object to the application on any ground relevant to one of the grounds for refusal specified in section 23(5), or
b
make representations to the Board concerning the application, including, in particular, representations—
i
in support of the application,
ii
as to modifications which the person considers should be made to the operating plan accompanying the application, or
iii
as to conditions which the person considers should be imposed.
F2201A
A person giving a notice under subsection (1) may include in the notice any information that the person considers may be relevant to consideration by the Board of any ground for refusal including, in particular, information in relation to—
a
the applicant,
b
where the applicant is neither an individual nor a council, a connected person in relation to the applicant, or
c
any person who would be an interested party in relation to the subject premises if the application were to be granted.
F202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F192A
The F156chief constable may, under subsection (1)(b), make representations concerning a premises licence application by giving to the Licensing Board a report detailing—
a
any cases of antisocial behaviour indentified by constables as having taken place on, or in the vicinity of, the premises,
b
any complaints or other representations made to constables concerning antisocial behaviour on, or in the vicinity of, the premises.
3
Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any premises licence application made to the Board, the Board must—
a
give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and
b
have regard to the objection or representation F221(including any information included under subsection (1A)) in determining the application,
unless the Board rejects the notice under subsection (4).
4
A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the Board considers the objection or representation is frivolous or vexatious.
5
Where a Licensing Board rejects a notice of objection or representation under subsection (4), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.
6
In any proceedings by a Licensing Board for the recovery of expenses under subsection (5), a copy of any minute of proceedings of the Licensing Board—
a
recording the Board's rejection of the notice and the grounds for the rejection, and
b
certified by the clerk of the Board to be a true copy,
is sufficient evidence of the rejection and of the establishment of the ground for rejection.
I6123Determination of premises licence application
1
A premises licence application received by a Licensing Board is to be determined in accordance with this section.
2
The Licensing Board must hold a hearing for the purpose of considering and determining the application.
3
In considering and determining the application, the Board must take account of the documents accompanying the application under section 20(2)(b).
4
The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and—
a
if none of them applies, the Board must grant the application, or
b
if any of them applies, the Board must refuse the application.
5
The grounds for refusal are—
a
that the subject premises are excluded premises,
b
that the application must be refused under section 25(2), 64(2) or 65(3),
F223ba
that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person to be the holder of a premises licence,
c
that the Licensing Board considers that the granting of the application would F224otherwise be inconsistent with one or more of the licensing objectives,
d
that, having regard to—
i
the nature of the activities proposed to be carried on in the subject premises,
ii
the location, character and condition of the premises, and
iii
the persons likely to frequent the premises,
the Board considers that the premises are unsuitable for use for the sale of alcohol,
F216
In considering whether F222either of the grounds for refusal specified in subsection (5)(ba) and (c) applies, the Licensing Board must in particular take into account—
a
any conviction, notice of which is given by the F157chief constable under subsection (4)(b) of section 21, and
b
any report given by the F157chief constable under section 24A(2).
7
Where the Licensing Board considers that—
a
they would refuse the application as made, but
b
if a modification proposed by them were made to the operating plan F22or layout plan (or both) for the subject premises accompanying the application, they would be able to grant the application,
the Board must, if the applicant accepts the proposed modification, grant the application as modified.
8
Where the Licensing Board refuses the application—
a
the Board must specify the ground for refusal, and
b
if the ground for refusal is that specified in subsection F225(5)(ba) or (c) , the Board must specify the licensing objective or objectives in question.
9
In subsection (5)(e), references to “licensed premises” do not include licensed premises in respect of which an occasional licence has effect.
I6224Applicant's duty to notify Licensing Board of convictions
1
This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence during the period beginning with the making of a premises licence application and ending with determination of the application.
2
Those persons are—
a
the applicant, and
b
where—
i
the applicant is neither an individual nor a council, or
ii
the premises in respect of which the licence is sought are used wholly or mainly for the purposes of a club,
any connected person.
C123
The applicant must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board to which the application was made.
4
A notice under subsection (3) must specify—
a
the nature of the offence, and
b
the date of the conviction.
5
Where the Licensing Board receives a notice under subsection (3) at any time before they have determined the application, the Board must—
a
suspend consideration of the application, and
b
give notice of the conviction to the F147chief constable.
6
The F148chief constable must, within 21 days of the date of receipt of a notice under subsection (5)(b), F294or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (7).
F2936A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (6), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
7
Those notices are—
a
a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or
b
a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.
8
Where the chief constable—
a
proposes to give a notice under subsection (7)(b), and
b
considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of F23any of the licensing objectives that the application be refused,
the chief constable may include in the notice a recommendation to that effect.
9
On receipt of the chief constable's notice under subsection (7), the Licensing Board must resume consideration of the application and determine it in accordance with section 23.
F2410
In considering for the purposes of section 23 whether the granting of the application would be inconsistent with one or more of the licensing objectives, the Licensing Board must take into account, in addition to the matters in subsection (6) of that section—
a
any conviction confirmation of which is given by the F149chief constable in a notice under subsection (7)(b) of this section, or
b
any recommendation of the chief constable included in such a notice.
11
A person who, without reasonable excuse, fails to comply with subsection (3) commits an offence.
12
A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
24AF8Power to request antisocial behaviour report
1
A Licensing Board may, at any time before determining a premises licence application, request the F158chief constable to give the Board a report detailing—
a
all cases of antisocial behaviour indentified within the relevant period by constables as having taken place on, or in the vicinity of, the premises,
b
all complaints or other representations made within the relevant period to constables concerning antisocial behaviour on, or in the vicinity of, the premises.
2
F2952A
Where the chief constable is not going to give the report within the 21 day period referred to in subsection (2), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to give the report.
3
Where the Licensing Board requests a report under subsection (1), the Board must suspend consideration of the application until it receives the report.
4
On receipt of the chief constable's report under subsection (2), the Licensing Board must—
a
give a copy of the report to the applicant in such manner and by such time as may be prescribed by regulations, and
b
resume consideration of the application and determine it in accordance with section 23.
5
In this section—
“ antisocial behaviour ” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and
“ relevant period ” means the period of one year ending with the date of the request.
I6325Further application after refusal of premises licence application
1
Subsection (2) applies where a Licensing Board has refused a premises licence application in respect of any premises (such a refusal being referred to in this section as the “earlier refusal”).
2
Subject to subsection (3), the Board must refuse any subsequent premises licence application in respect of the same premises made before the expiry of the period of one year beginning with the date of the earlier refusal.
3
Subsection (2) does not apply in relation to any subsequent application made during that period if—
a
at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or
b
the Board is satisfied that there has been a material change of circumstances since the earlier refusal.
I6426Issue of licence and summary
1
Where a Licensing Board grants a premises licence application, the Board must issue to the applicant—
a
a premises licence—
i
in the prescribed form, and
ii
containing the information and documents specified in subsection (2), and
b
a summary of the licence in the prescribed form.
2
The information and documents referred to in subsection (1)(a)(ii) are—
a
the name and address of—
i
the holder of the licence, and
ii
the premises manager in respect of the premises to which the licence relates,
b
a description of the premises in respect of which the licence is issued,
c
the date on which the licence takes effect,
d
the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found,
e
the operating plan and layout plan in respect of the premises to which the licence relates, and
f
such other information as may be prescribed.
F253
Where a Licensing Board grants a premises licence application, the Board must send a copy of the premises licence to the F169chief constable.
Conditions of premises licence
I6527Conditions of premises licence
1
Except to the extent that schedule 3 provides otherwise, every premises licence is subject to the conditions specified in that schedule.
2
The Scottish Ministers may by regulations modify schedule 3 so as—
a
to add F92, delete or amend a condition as they consider necessary or expedient for the purposes of any of the licensing objectives, or
b
to extend the application of any condition F93for the time being specified in the schedule.
3
The Scottish Ministers must by regulations prescribe further conditions which Licensing Boards must impose on the granting by them of premises licences falling within subsection (4).
4
A premises licence falls within this subsection if the operating plan for the premises to which the licence relates specifies that the premises will, on any occasion, be open for a continuous period beginning on one day and ending after 1am on the following day.
5
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 premises licences.
6
Without prejudice to subsection (5), where a Licensing Board grants a premises licence, the Board may impose such other conditions (in addition to those to which the licence is subject by virtue of subsection (1) or (3)) as they consider necessary or expedient for the purposes of any of the licensing objectives.
7
A Licensing Board may not impose a condition under subsection (6) which—
a
is inconsistent with any condition—
i
to which the premises licence is subject by virtue of subsection (1), or
ii
prescribed under subsection (5),
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.
8
The conditions which may be—
a
added under subsection (2)(a),
b
prescribed under subsection (5), or
c
imposed under subsection (6),
include, in particular, conditions of the kind described in subsection (9).
9
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 a premises licence has effect, or
b
any other activity carried on in such premises.
10
Where, under any provision of this Act, a Licensing Board has power to make a variation of the conditions to which a premises licence is subject, the power may not be exercised so as to have the effect of imposing a condition which the Board could not have imposed under this section on the granting of the licence.
27AF78Power of Board to vary premises licence conditions
1
A Licensing Board may, in relation to any prescribed matter, make a variation of the conditions to which a premises licence in respect of licensed premises within its area is subject.
2
The Scottish Ministers may not, under subsection (1), prescribe the age at which persons aged 18 or over may purchase alcohol as a matter in respect of which the conditions to which a premises licence is subject may be varied under this section.
3
A variation under subsection (1) may apply to—
a
all licensed premises,
b
particular licensed premises,
c
licensed premises within particular parts of its area, or
d
licensed premises of a particular description.
4
A variation under subsection (1) has effect for such period as the Board may specify in it.
5
The Board may make a variation under subsection (1) only where it is satisfied that the variation is necessary or expedient for the purposes of any of the licensing objectives.
6
Before making a variation under subsection (1), the Board must—
a
publish, in the prescribed manner, notice of the proposed variation, and
b
give notice of the proposed variation to—
i
the persons mentioned in section 21(1)(b), (c), (ca), (d) and (e), and
ii
the holders of premises licences in respect of premises to which the proposed variation would apply.
7
A notice under subsection (6) must state that any person may, by notice to the Licensing Board, make representations to the Board concerning the proposed variation before such date as the Board specifies in the notice under subsection (6).
8
If the Board receives any representations before the date specified, the Board—
a
must hold a hearing in relation to the proposed variation, and
b
may give such persons who have made representations as the Board considers appropriate an opportunity to be heard at the hearing.
9
Where a Licensing Board makes a variation under subsection (1), the Board must—
a
amend the premises licence,
b
within the period of one month, give notice of the variation to—
i
the F170chief constable, and
ii
the holders of premises licences in respect of premises to which the variation applies,
c
send a copy of the variation to the address of the premises to which the variation applies, and
d
publicise the variation in such manner as the Board thinks fit.
10
A variation under subsection (1) does not have effect unless notice under subsection (9)(b)(ii) has been given.
11
In subsection (1), the power to make a variation of the conditions to which a premises licence is subject includes—
a
a power to make a revocation of such a variation in the same manner and subject to the same conditions, duties and limitations as the variation, and
b
a power to make a variation (or a revocation of a variation) of the conditions to which a provisional premises licence is subject.
Duration of premises licence
I6628Period of effect of premises licence
1
A premises licence—
a
takes effect on such date as the Licensing Board issuing it may determine, and
b
ceases to have effect on the occurrence of any of the events mentioned in subsection (5).
2
However, a premises licence is not to be taken to have ceased to have effect under subsection (1)(b) by virtue of the occurrence of any of the events mentioned in paragraphs (c) to (e) of subsection (5) if, within 28 days of the occurrence of the event, an application for the transfer of the licence is made under section 34(1) F298or if an application for the transfer of the licence is accepted by the Licensing Board under section 34(1A).
3
If such an application is made but refused, the premises licence ceases to have effect on the refusal.
4
A premises licence does not have effect for any period during which it is suspended by virtue of any provision of this Act.
5
The events referred to in subsection (1)(b) are—
a
the premises licence is revoked under any provision of this Act,
b
the licensed premises in respect of which the licence was issued cease to be used for the sale of alcohol,
c
the premises licence holder, being an individual—
i
dies, or
ii
becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),
d
the premises licence holder, being an individual, a partnership or a company, becomes insolvent,
e
the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and
f
the appropriate Licensing Board receives from the premises licence holder a notice under subsection (6).
F2975A
For the avoidance of doubt, a licensed premises does not cease to be used for the sale of alcohol, for the purposes of subsection (5)(b), if the premises cease to be used for the sale of alcohol for a temporary period for a reason relating to coronavirus.
6
That is a notice—
a
accompanied by the premises licence, or where that is not practicable, by a statement of reasons for failure to produce the licence, and
b
stating that the licence holder wishes to surrender the licence.
7
For the purposes of subsection (5)(d)—
a
an individual or partnership becomes insolvent on—
i
the approval of a voluntary arrangement proposed by the individual or partnership,
ii
being adjudged bankrupt,
iii
the individual's or partnership's estate being sequestrated,
iv
entering into a deed of arrangement made for the benefit of creditors, or
v
granting a trust deed for creditors, and
b
a company becomes insolvent on—
i
the approval of a voluntary arrangement proposed by its creditors,
ii
the appointment of an administrator or administrative receiver in respect of it, or
iii
going into liquidation.
8
An expression used in subsection (7) which is also used in the Bankruptcy (Scotland) Act F2012016 or the Insolvency Act 1986 (c. 45) has the same meaning in that subsection as it has in that Act.
Variation of premises licence
I6729Application to vary premises licence
1
A premises licence holder may apply to the appropriate Licensing Board for a variation of the licence.
2
An application under subsection (1) must be accompanied by—
a
the premises licence to which the application relates, or
b
if that is not practicable, a statement of the reasons for failure to produce the licence.
3
An application under subsection (1) which complies with subsection (2) is referred to in this Act as a “premises licence variation application”.
4
Sections 21(1) and (2) F226, 22 and 24A apply in relation to a premises licence variation application (other than one in which the only variation sought is a minor variation) as they apply to a premises licence application.
5
In this Act, “variation”, in relation to a premises licence, means any variation of—
a
any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1)),
b
any of the information contained in the operating plan contained in the licence,
c
the layout plan contained in the licence, or
d
any other information contained or referred to in the licence,
and includes an addition, deletion or other modification.
6
In this Act, “minor variation” means—
a
any variation of the layout plan, if the variation does not result in any inconsistency with the operating plan,
b
where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises,
c
any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager), and
d
any other variation of such description as may be prescribed for the purposes of this subsection.
I6830Determination of application for variation
1
A premises licence variation application received by a Licensing Board is to be determined by the Board in accordance with this section.
2
If the variation sought is a minor variation, the Board must grant the application.
3
In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.
4
Where a hearing is held under subsection (3), the Board must consider whether any of the grounds for refusal applies and—
a
if none of them applies, the Board must grant the application,
b
if any of them applies, the Board must refuse the application.
5
The grounds for refusal are—
a
that the application must be refused under section 32(2), 64(2) or 65(3),
b
that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,
c
that, having regard to—
i
the nature of the activities carried on or proposed to be carried on in the subject premises,
ii
the location, character and condition of the premises, and
iii
the persons likely to frequent the premises,
the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation,
6
Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject.
7
Where the Licensing Board refuses the application—
a
the Board must specify the ground for refusal, and
b
if the ground for refusal is that specified in subsection (5)(b), the Board must specify the licensing objective or objectives in question.
8
In subsection (5)(d), references to “licensed premises” do not include references to licensed premises in respect of which an occasional licence has effect.
I6931Variation to substitute new premises manager
1
This section applies in relation to a premises licence variation application where—
a
the variation sought is the substitution of another individual as the premises manager, and
b
the applicant requests in the application that the variation should have immediate effect.
2
Where this section applies, the premises licence to which the application relates has effect during the application period as if it were varied as proposed in the application.
3
In subsection (2), “the application period” means the period—
a
beginning when the application is received by the Licensing Board, and
b
ending—
i
when the variation takes effect, or
ii
if the application is withdrawn before it is determined, when it is withdrawn.
I7032Further application after refusal of application for variation
1
Subsection (2) applies where a Licensing Board has refused a premises licence variation application (such a refusal being referred to in this section as the “earlier refusal”).
2
Subject to subsection (3), the Board must refuse any subsequent premises licence variation application—
a
in respect of the same premises licence, and
b
seeking the same variation,
made before the expiry of the period of one year beginning with the date of the earlier refusal.
3
Subsection (2) does not apply in relation to any subsequent application made during that period if—
a
at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or
b
the Board is satisfied that there has been a material change of circumstances since the earlier refusal.
Transfer of premises licence
I7133Transfer on application of licence holder
1
A premises licence holder may apply to the appropriate Licensing Board for the transfer of the licence to such person as is specified in the application (such person being referred to in this section as the “transferee”).
2
The transferee may not be an individual under the age of 18.
3
An application under subsection (1) must be accompanied by—
a
the premises licence to which the application relates, or
b
if that is not practicable, a statement of the reasons for failure to produce the licence.
4
Where a Licensing Board receives an application under subsection (1), the Board must give notice of it, together with a copy of the application, to the F151chief constable.
5
The F152chief constable must, within 21 days of the date of receipt of a notice under subsection (4), F301or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).
F3005A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (5), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
6
Those notices are—
a
a notice stating that neither—
i
the transferee, nor
ii
where the transferee is neither an individual nor a council, any connected person,
has been convicted of any relevant offence or foreign offence, or
b
a notice specifying any convictions of—
i
the transferee, and
ii
where the transferee is neither an individual nor a council, any connected person,
for a relevant offence or a foreign offence.
F267
On giving a notice under subsection (6)(a) or (b), if the F150chief constable considers that it is necessary for the purposes of any of the licensing objectives that the application for the transfer of the licence to the transferee be refused, the chief constable may include in the notice a recommendation to that effect.
F2277A
On giving a notice under subsection (6)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to—
a
the transferee,
b
where the transferee is neither an individual nor a council, a connected person, or
c
any person who would be an interested party in relation to the licensed premises if the application for the transfer of the licence to the transferee were to be granted,
that the chief constable considers may be relevant to consideration by the Board of the application.
F268
Where, in relation to an application under subsection (1)—
a
the Licensing Board receives a notice under subsection (6)(a), F231...
b
the notice does not include a recommendation under subsection (7)F232, and
c
no information has been provided under subsection (7A),
the Board must grant the application.
F269
In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.
10
Where a hearing is held under subsection (9), the Licensing Board must, having regard to the chief constable's notice F230and any information provided under subsection (7A) —
a
if satisfied that F229a ground for refusal applies, refuse the application, or
b
if not so satisfied, grant the application.
F22811
The grounds for refusal are—
a
that, having regard to the licensing objectives, the transferee is not a fit and proper person to be the holder of a premises licence,
b
that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.
I7234Transfer on application of person other than licence holder
1
A person other than—
a
the holder of a premises licence, or
b
an individual under the age of 18,
(being a person of a prescribed description) may, within 28 days of the occurrence of any of the events specified in subsection (3), apply to the appropriate Licensing Board for the transfer to that person of the licence.
F3141A
If, for a reason relating to coronavirus, a person is unable to apply to the Licensing Board within the period set out in subsection (1), the Board may accept an application that is made after the end of that period.
2
An application under subsection (1) must be accompanied by—
a
the premises licence to which the application relates, or
b
if that is not practicable, a statement of the reasons for failure to produce the licence.
3
The events referred to in subsection (1) are—
a
the premises licence holder, being an individual—
i
dies, or
ii
becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),
b
the premises licence holder, being an individual, a partnership or a company, becomes insolvent,
c
the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and
d
the business carried on in the licensed premises to which the licence relates is transferred (whether by sale or otherwise) to another person.
4
Subsections (4) to (10) of section 33 apply for the purposes of an application under subsection (1) of this section as they apply for the purposes of an application under subsection (1) of that section, but as if references in them to the transferee were references to the applicant in relation to the application under subsection (1) of this section.
5
Subsections (7) and (8) of section 28 apply for the purposes of subsection (3)(b) of this section as they apply for the purposes of subsection (5)(d) of that section.
I7335Variation on transfer
1
A person making an application to a Licensing Board under section 33(1) or 34(1) for transfer of a premises licence may also make an application to the Board for a variation of the licence.
2
Sections 29 and 30 apply in relation to an application under subsection (1) for a variation as they apply to a premises licence variation application.
3
Where—
a
an application is made under subsection (1), and
b
the applicant intimates to the Licensing Board that the application under section 33(1) or 34(1) for transfer of the premises licence is contingent on the grant of the application under subsection (1),
the Licensing Board must determine the application under subsection (1) before determining the application for the transfer of the licence.
4
In such a case, if the Licensing Board refuses the application under subsection (1), the application for the transfer of the licence falls.
5
In any other case where an application under subsection (1) is made—
a
the Licensing Board must first determine the application for transfer of the licence before determining the application under subsection (1), and
b
if the application for the transfer of the licence is refused, the application under subsection (1) falls.
Review of premises licence
I7436Application for review of premises licence
1
Any person may apply to the appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect for a review of the licence on any of the grounds for review.
2
An application under subsection (1) is referred to in this Act as a “premises licence review application”.
3
The grounds for review referred to in subsection (1) are—
F234za
that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence,
a
that one or more of the conditions to which the premises licence is subject has been breached, or
b
any other ground relevant to one or more of the licensing objectives.
4
A Licensing Standards Officer may make a premises licence review application on the ground specified in subsection (3)(a) only if—
a
in relation to the alleged ground for review, the Officer or any other Licensing Standards Officer has issued to the licence holder a notice under section 14(2)(a)(i), and
b
the licence holder has failed to take the action specified in the notice to the satisfaction of the Officer.
5
A premises licence review application must specify the alleged ground for review, including in particular—
F235za
where the ground is that specified in subsection (3)(za), a summary of the information on which the applicant's view that the alleged ground applies is based,
a
where the ground is that specified in subsection (3)(a), the condition or conditions alleged to have been breached,
b
where the ground is that specified in subsection (3)(b), the licensing objective or objectives to which the alleged ground of review relates.
F2335A
A person making a premises licence review application may include in the application any information that the applicant considers may be relevant to consideration by the Licensing Board of the alleged ground for review including, in particular, information in relation to—
a
the licence holder,
b
where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or
c
any person who is an interested party in relation to the licensed premises.
6
The Licensing Board may reject a premises licence review application if the Board considers the application—
a
is vexatious or frivolous, or
b
does not disclose any matter relevant to any ground for review.
7
Where the Licensing Board rejects a premises licence review application under subsection (6), the Board—
a
must give notice of the decision, and the reasons for it, to the applicant, and
b
where it is rejected on the ground that it is frivolous or vexatious, may recover from the applicant any expenses incurred by the Board in considering the application.
8
In any proceedings by a Licensing Board for the recovery of expenses under subsection (7)(b), a copy of any minute of proceedings of the Licensing Board—
a
recording the Board's rejection of the application and the grounds for rejection, and
b
certified by the clerk of the Board to be a true copy,
is sufficient evidence of the rejection and of the establishment of the grounds for rejection.
I7537Review of premises licence on Licensing Board's initiative
1
The appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect may, on their own initiative, propose to review the licence on any of the grounds for review.
2
A proposal under subsection (1) is referred to in this Act as a “premises licence review proposal”.
3
The grounds for review referred to in subsection (1) are those specified in F237section 36(3).
4
A premises licence review proposal must specify the alleged ground for review, including in particular—
F238za
where the ground is that specified in section 36(3)(za), a summary of the information on which the Board's view that the alleged ground applies is based,
a
where the ground is that specified in F239section 36(3)(a), the condition or conditions alleged to have been breached,
b
where the ground is that specified in F240section 36(3)(b), the licensing objective or objectives to which the alleged ground of review relates.
F2365
A Licensing Board making a premises licence review proposal may include in the proposal any information that the Board considers may be relevant to their consideration of the alleged ground for review including, in particular, information in relation to—
a
the licence holder,
b
where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or
c
any person who is an interested party in relation to the licensed premises.
I7638Review hearing
1
Where a Licensing Board—
a
makes a premises licence review proposal, or
b
receives a premises licence review application,
the Board must hold a hearing for the purposes of considering and determining the proposal or application unless, in the case of a premises licence review application, the Board has rejected the application under subsection 36(6).
2
A hearing under subsection (1) is referred to in this Act as a “review hearing”.
3C4
Where a review hearing is to be held, the Licensing Board must—
a
in the case of a premises licence review application, give notice of the hearing to the applicant, and
b
give notice of the hearing and a copy of the premises licence review proposal or application to—
i
the licence holder, and
ii
any Licensing Standards Officer for the area in which the premises concerned are situated, unless, in the case of a premises licence review application, the applicant is such an Officer.
4
Where a Licensing Standards Officer receives under subsection (3)(b)(ii) a copy of a premises licence review proposal or application—
a
the Officer must, before the review hearing, prepare and submit to the Licensing Board a report on the proposal or application, and
b
the Licensing Board must take the report into account at the hearing.
5
The Licensing Board may, for the purposes of the review hearing—
a
obtain further information from such persons, and in such manner, as the Board thinks fit, and
b
take the information into account.
6
In particular, the Board may—
a
request—
i
the attendance at the review hearing of any person for the purpose of providing information, and
ii
the production at the review hearing by any person of any documents in that person's possession or under that person's control, and
b
take into account any information relevant to any ground for review even though it is not relevant to any circumstances alleged in the review proposal or application under consideration.
I7739Licensing Board's powers on review
1
At a review hearing in relation to any premises licence, the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review proposal or application considered at the hearing) take such of the steps mentioned in subsection (2) as the Board considers necessary or appropriate for the purposes of any of the licensing objectives.
F2411A
Subsection (1) is subject to subsection (2A).
2
Those steps are—
a
to issue a written warning to the licence holder,
b
to make a variation of the licence,
c
to suspend the licence for such period as the Board may determine,
d
to revoke the licence.
F2422A
Where, at a review hearing in relation to any premises licence, the Licensing Board are satisfied that the ground for review specified in section 36(3)(za) is established, the Board must revoke the licence.
2B
Subject to section 39B, a revocation under subsection (2A) takes effect at the end of the period of 28 days beginning with the day on which the Board makes the decision.
3
On making a variation under subsection (2)(b), the Board may provide for the variation to apply only for such period as they may determine.
F3253A
Where a Licensing Board determines under section 133(3A) that a review hearing cannot be held in person—
a
subsection (1) of this section is to have effect as if for “At a review hearing” there were substituted “
After having complied with section 133(3C)
”
, and
b
subsection (2A) of this section is to have effect as if for “at a review hearing” there were substituted “
after having complied with section 133(3C)
”
.
39AF69Notification of determinations
1
Where a Licensing Board, at a review hearing—
a
decides to take one of the steps mentioned in section 39(2), F243...
b
decides not to take one of those stepsF244, or
c
decides to revoke a premises licence under section 39(2A),
the Board must give notice of the decision to each of the persons mentioned in subsection (2).
2
The persons referred to in subsection (1) are—
a
the holder of the premises licence, and
b
where the decision is taken in connection with a premises licence review application, the applicant.
3
Where subsection (1)(a) applies, the holder of the premises licence may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.
4
Where—
a
subsection (1)(a) or (b) applies, and
b
the decision is taken in connection with a premises licence review application,
the applicant may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.
5
Where the clerk of a Board receives a notice under subsection (3) or (4), the Board must issue a statement of the reasons for the decision to—
a
the person giving the notice, and
b
any other person to whom the Board gave notice under subsection (1).
6
A statement of reasons under subsection (5) must be issued—
a
by such time, and
b
in such form and manner,
as may be prescribed.
39BF205Recall of revocation of licence under section 39(2A)
1
This section applies where a Licensing Board decides to revoke a premises licence under section 39(2A).
2
The Board must recall the revocation if—
a
a relevant application is made before the end of the period referred to in section 39(2B) (“the 28 day period”), and
b
the Board grants the application.
3
The Board may extend the 28 day period pending determination of a relevant application.
4
In this section, “relevant application” means—
a
an application under section 33(1) for the transfer of the premises licence, or
b
a premises licence variation application seeking a variation of the licence that the Board considers would remove the ground on which the licence was revoked under section 39(2A).
5
This section does not affect the right to appeal against the decision to revoke the licence under section 39(2A).
I7840Review of Licensing Board's decision to vary or suspend licence
Where a Licensing Board has made a variation under subsection (2)(b) of section 39 or suspended the licence under subsection (2)(c) of that section, the Board may—
a
on the application of the licence holder, and
b
if satisfied that, by reason of a change of circumstances, the variation or suspension is no longer necessary,
revoke the variation or suspension.
F283F341Connected persons
S. 40A inserted (13.12.2010 for specified purposes, 29.6.2018 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(2), 206(1); S.S.I. 2010/413, art. 2, sch.; S.S.I. 2018/102, art. 2(a)
S. 40A cross-heading substituted (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(3), 88(2); S.S.I. 2018/102, art. 3
40AF339Connected persons: licence holder's duty to notify changes
1
A premises licence holder must, not later than one month after a person becomes or ceases to be—
a
a connected person in relation to the licence holder, F338...
F340b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
give the appropriate Licensing Board notice of that fact.
2
A notice under subsection (1) that a person has become a connected person F342... must specify—
a
the name and address of the person, and
b
if the person is an individual, the person's date of birth.
3
Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the F171chief constable.
4
A premises licence holder who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
5
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Conviction of licence holder etc. for relevant or foreign offence
I7941Duty to notify court of premises licence
1
Subsection (2) applies where—
a
a person who holds a premises licence is charged with a relevant offence, or
b
a person charged with a relevant offence is granted a premises licence after the person's first appearance in court in connection with the offence but before—
i
conviction and sentencing for the offence or acquittal, or
ii
where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.
2
The person must, not later than the person's first appearance or, as the case may be, next appearance in court in connection with the offence—
a
produce to the court the premises licence, or
b
if that is not practicable, notify the court of—
i
the existence of the premises licence,
ii
the identity of the Licensing Board which issued it, and
iii
the reasons why it is not practicable to produce the licence.
3
A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
I8042Court's duty to notify Licensing Board of convictions
1
This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a premises licence.
2
The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the person convicted.
I8143Licence holder's duty to notify Licensing Board of convictions
1
This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence.
2
Those persons are—
a
the holder of a premises licence, and
b
where—
i
the holder of such a licence is neither an individual nor a council, or
ii
the premises in respect of which such a licence is held are used wholly or mainly for the purposes of a club,
any connected person.
C133
The holder of the premises licence must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the licence holder.
4
A notice of conviction under subsection (3) must—
a
specify—
i
the nature of the offence, and
ii
the date of conviction, and
b
be accompanied by—
i
the premises licence held by the licence holder, or
ii
if that is not practicable, a statement of the reasons for failure to produce the licence.
5
A premises licence holder who fails, without reasonable excuse, to comply with subsection (3) commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
I8244Procedure where Licensing Board receives notice of conviction
1
This section applies where the Licensing Board which issued a premises licence receives a notice of conviction relating to—
a
the holder of the licence, or
b
where—
i
the holder of the licence is neither an individual nor a council, or
ii
the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,
a connected person.
2
The Licensing Board must give notice of the conviction to the F137chief constable.
3
The F138chief constable must, within 21 days of the date of receipt of a notice under subsection (2), F303or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).
F3023A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
4
Those notices are—
a
a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or
b
a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.
5
Where the chief constable—
a
proposes to give a notice under subsection (4)(b), and
b
considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of F27any of the licensing objectives that the premises licence should be varied, suspended or revoked,
the chief constable may include in the notice a recommendation to that effect.
6
If the Licensing Board receives from the F139chief constable a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.
7
F2467A
If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—
a
make a premises licence review proposal in respect of the premises licence, or
b
decide to take no further action in relation to the conviction.
8
In this section, “notice of conviction” means a notice under section 42(2) or 43(3).
Premises under construction or conversion
I8345Provisional premises licence
1
A premises licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed or converted for use as licensed premises.
2
A premises licence application in respect of any such premises is referred to in this Act as a “provisional premises licence application”.
3
A premises licence issued in respect of any such premises does not take effect unless and until it is confirmed by the Licensing Board which issued it in accordance with section 46.
4
If a premises licence issued in respect of any such premises is not confirmed before the end of the provisional period, then at the end of that period the licence is treated as revoked.
5
A premises licence—
a
to which subsection (3) applies, and
b
which has not been confirmed in accordance with section 46,
is referred to in this Act as a “provisional premises licence”.
6
The provisional period, in relation to a provisional premises licence, is the period of F284 years beginning with the date of issue of the licence.
7
F286Subject to subsection (7A), on the application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence may, if satisfied as to the matter mentioned in subsection (8), extend the provisional period by such period as the Board considers appropriate.
F2857A
On the first application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence must extend the provisional period by 6 months if the Board—
a
is satisfied as to the matter mentioned in subsection (8), and
b
is satisfied that the reason for the delay is a reason relating to coronavirus.
8
That matter is that—
a
completion of the construction or conversion of the premises to which the licence relates has been delayed, and
b
the delay has been caused by factors outwith the premises licence holder's control.
9
Where the provisional period in relation to any provisional premises licence has been extended under subsection (7) F287or (7A), references in this section and section 46 to the provisional period are to that period as so extended.
10
Section 20 has effect in relation to a provisional premises licence application as if—
a
in subsection (2)(b), for sub-paragraph (iii) there were substituted—
iii
the certificate required by section 50(2),
b
in subsection (4), paragraph (g) were omitted.
11
In this section, “construct” and “convert” have the same meanings as they have for the purposes of the Building (Scotland) Act 2003 (asp 8).
I8446Confirmation of provisional premises licence
1
The holder of a provisional premises licence may, at any time before the expiry of the provisional period in relation to the licence, apply to the Licensing Board which issued the licence for confirmation of the licence.
2
An application under subsection (1) must be accompanied by—
a
the provisional premises licence,
b
the operating plan for the premises to which the licence relates,
c
the layout plan for the premises, and
d
the certificates required by section 50(3).
3
The operating plan referred to in subsection (2)(b) must, in particular and without prejudice to subsection (4) of section 20, contain a statement of the information specified in paragraph (g) of subsection (4) of that section.
4
Where a Licensing Board which issued a provisional premises licence receives an application under subsection (1) in respect of the licence, the Board must, if satisfied as to the matters mentioned in subsection (5), confirm the licence.
5
Those matters are that—
a
since the provisional premises licence was issued, or
b
if, since that time, an application for a variation of the licence has been granted under section 30, since the last such application was granted,
there has been no variation (other than a minor variation) made to the operating plan or layout plan for the premises to which the licence relates.
6
Where a Licensing Board confirms a provisional premises licence under subsection (4), the Board may, for the purpose specified in subsection (7), make a variation of the conditions to which the licence is subject.
7
That purpose is ensuring consistency with any licensing policy statement or supplementary licensing policy statement published since the licence was issued.
I8547Temporary premises licence
1
This section applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (referred to in this section as the “principal premises”).
2
The appropriate Licensing Board in relation to the principal premises may—
a
on the application of the holder of the premises licence in respect of the premises, and
b
if satisfied as to the matters mentioned in subsection (3),
issue to the applicant a premises licence in respect of such other premises within the Licensing Board's area as are specified in the application (such premises being referred to in this section as the “temporary premises”).
3
The matters referred to in subsection (2)(b) are—
a
that the temporary premises are suitable for use for the sale of alcohol, and
b
that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises.
4
A premises licence issued under subsection (2) is referred to in this Act as a “temporary premises licence”.
F294A
Where a Licensing Board issues a temporary premises licence, the Board must send a copy of the temporary premises licence to the F173chief constable.
5
A temporary premises licence—
a
has effect for such period of not more than 2 years beginning with the date of its issue as the Licensing Board may determine, and
b
is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Licensing Board considers appropriate.
6
The Licensing Board may, on the application of the holder of a temporary premises licence, extend the period during which it has effect for such further period of not more than 12 months as they may determine.
7
In this section—
“conversion” has the same meaning as it has for the purposes of the Building (Scotland) Act 2003 (asp 8), and
“reconstruction” includes alteration, re-erection and extension.
Updating of licence
I8648Notification of change of name or address
1
A premises licence holder must, not later than one month after the occurrence of any change in—
a
the licence holder's name or address, F31...
b
the name or address of the premises manager specified in the licence F284, or
c
the name or address of any person who is—
i
a connected person in relation to the licence holder, F336...
F337ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
give the appropriate Licensing Board notice of the change.
2
A notice under subsection (1) must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.
F302A
Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the F174chief constable.
3
A premises licence holder who fails, without reasonable excuse, to comply with subsection (1), commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
I8749Licensing Board's duty to update premises licence
1
Subsection (2) applies where a Licensing Board—
a
receives a notice under section 48(1) in relation to a premises licence,
b
grants a premises licence variation application or otherwise makes a variation of a premises licence,
c
grants an application under section 33(1) or 34(1) for the transfer of a premises licence,
d
in relation to a provisional premises licence, grants—
i
an application under section 45(7) for an extension of the provisional period, or
ii
an application under section 46(1) for confirmation of the licence,
e
in relation to a temporary premises licence, grants an application under section 47(6) for an extension of the period during which the licence has effect, or
f
on reviewing a premises licence, takes any of the steps referred to in section 39(1).
2
The Board must make any necessary amendments to the licence and, if necessary, issue a new summary of the licence.
F322A
Where a Licensing Board issues a new summary of the licence under subsection (2), the Board must send a copy of the new summary of the licence to the F175chief constable.
3
Where a Licensing Board is not in possession of a premises licence and—
a
the licence has ceased to have effect under any provision of this Act, or
b
the Board requires the licence for the purpose of complying with the duty under subsection (2),
the Board may require the licence holder to produce the licence to the Board within 14 days from the date on which the requirement is notified.
4
A licence holder who, without reasonable excuse, fails to comply with a requirement made under subsection (3), commits an offence.
5
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Miscellaneous
I8850Certificates as to planning, building standards and food hygiene
1
A premises licence application (other than a provisional premises licence application) must be accompanied by—
a
a planning certificate,
b
a building standards certificate, and
c
if food is to be supplied on the premises, a food hygiene certificate,
in respect of the subject premises.
2
A provisional premises licences application must be accompanied by a provisional planning certificate in respect of the subject premises.
3
An application under section 46(1) in respect of any premises must be accompanied by—
a
if the provisional planning certificate which accompanied the provisional premises licence application in respect of the subject premises consisted of outline planning permission F6or planning permission in principle, a planning certificate,
b
a building standards certificate, and
c
if food is to be supplied on the premises, a food hygiene certificate,
in respect of the subject premises.
4
A planning certificate is a certificate signed on behalf of the appropriate authority and stating—
a
that planning permission under the Town and Country Planning (Scotland) Act 1997 (c. 8) (referred to in this section as “the 1997 Act”) in respect of any development of the subject premises in connection with their proposed use as licensed premises has been obtained, or
b
that no such planning permission is required.
5
A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating—
a
that planning permissionF7, planning permission in principle or outline planning permission under the 1997 Act has been obtained in respect of the construction or conversion of the subject premises, or
b
that no such planning permission is required.
6
A building standards certificate is a certificate signed on behalf of the appropriate authority and stating—
a
that a completion certificate has been accepted under section 18 of the Building (Scotland) Act 2003 (asp 8) (referred to in this section as “the 2003 Act”) in respect of any construction or conversion of the subject premises in connection with their proposed use as licensed premises,
b
that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or
c
that no such completion certificate or permission is required.
7
A food hygiene certificate is a certificate signed on behalf of the appropriate authority and stating that the subject premises comply with F72such requirements as the Scottish Ministers may, by order, specify.
F717A
An order under subsection (7) may specify requirements by reference to provision contained in another enactment.
8
In this section—
“appropriate authority” means—
- a
in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the 1997 Act) for the area in which the subject premises are situated,
- b
in relation to a building standards certificate, the council for that area,
- c
in relation to a food hygiene certificate, the food authority (within the meaning of F73section 5 of the Food Safety Act 1990 (c.16)) for that area,
- a
“construction” and “conversion” have the same meanings as they have in the 2003 Act,
“development” has the same meaning as it has in the 1997 Act.
I8951Notification of determinations
1
Where a Licensing Board grants or refuses an application under this Part, the Board must give notice of the grant or refusal to—
a
the applicant,
b
the F176chief constable, and
c
in the case of the grant or refusal of a premises licence application, any person who gave a notice of objection or representation under section 22(1) in respect of the application.
2
A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.
3
Where the clerk of a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—
a
the person giving the notice, and
b
each other person to whom the Board gave notice under subsection (1).
4
A statement of reasons under subsection (3) must be issued—
a
by such time, and
b
in such form and manner,
as may be prescribed.
I15952Duty to keep, display and produce premises licence
1
A premises licence holder must secure that the premises licence, or a certified copy of it, is kept at the premises in respect of which it is issued in the custody or under the control of—
a
the licence holder, or
b
the premises manager.
2
A premises licence holder must secure that the summary of the licence, or a certified copy of the summary, is prominently displayed on the premises so as to be capable of being read by anyone frequenting the premises.
3
A premises licence holder who fails, without reasonable excuse, to comply with subsection (1) or (2) commits an offence.
4
Any of the persons specified in subsection (5) may require the person in whose custody or under whose control a premises licence (or a certified copy of it) is kept by virtue of subsection (1) to produce the licence (or certified copy) for inspection.
5
The persons referred to in subsection (4) are—
a
a constable, and
b
a Licensing Standards Officer for the council area in which the premises are situated.
6
A person who fails, without reasonable excuse, to comply with a requirement made under subsection (4) commits an offence.
7
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I9053Theft, loss etc. of premises licence or summary
1
This section applies where the appropriate Licensing Board receives from a premises licence holder an application for a replacement premises licence or a replacement summary.
2
If satisfied that—
a
the premises licence held by the licence holder or, as the case may be, the summary of it has been lost, stolen, damaged or destroyed, and
b
where it has been lost or stolen, the licence holder has reported the loss or theft to the police,
the Licensing Board must issue to the licence holder a replacement licence or, as the case may be, a replacement summary.
3
A replacement licence or a replacement summary is a copy of the licence or summary—
a
in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and
b
certified by the Board to be a true copy.
4
In this Act, references to—
a
a premises licence include references to a replacement premises licence,
b
a summary of a premises licence include references to a replacement summary,
issued under this section.
I16054Dismissal, resignation, death etc. of premises manager
1
This section applies where any of the events specified in subsection (2) occurs in relation to any licensed premises in respect of which a premises licence has effect.
2
Those events are—
a
the premises manager ceases to work at the premises,
b
the premises manager becomes incapable for any reason of acting as premises manager,
c
the premises manager dies, or
d
the personal licence held by the premises manager is revoked or suspended.
3
4
Subsection (5) applies if—
a
subsection (3) is complied with, and
F305b
within the period of 6 weeks beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager.
F305b
either—
i
within the period of 3 months beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager, or
ii
if, for a reason relating to coronavirus, such an application cannot be made within the period mentioned in sub-paragraph (i) but the Licensing Board extends that period on a request from the applicant, such an application is made within that extended period.
5
Any breach of the conditions specified in paragraphs 4 and 5 of schedule 3 in the period beginning with the occurrence of the event and ending with the receipt by the Licensing Board of the application referred to in subsection (4)(b) is, so far as it is attributable to the occurrence of the event, to be disregarded.
6
If no such application as is mentioned in paragraph (b) of subsection (4) is made within the period mentioned in that paragraph, then, at the end of that period, the Licensing Board must vary the premises licence so that there is no longer any premises manager specified in it.
I9155Certified copies
Any reference in this Part to a certified copy of a premises licence or of a summary of such a licence is a reference to a copy of the licence or summary certified to be a true copy by—
a
the Licensing Board,
b
a solicitor or notary public, or
c
a person of a prescribed description.
Part 4Occasional licences
I9256Occasional licence
1
A Licensing Board may, on the application of any of the persons mentioned in subsection (2) made in relation to any premises (other than licensed premises) within the Board's area, issue to the applicant a licence (referred to in this Act as an “occasional licence”) authorising the sale of alcohol on the premises.
2
Those persons are—
a
the holder of a premises licence,
b
the holder of a personal licence, and
c
a representative of any voluntary organisation.
3
An application under subsection (1) must contain details of the information which the applicant proposes should be included in the licence under subsection (7)(b).
4
An application under subsection (1) which complies with subsection (3) is referred to in this Act as an “occasional licence application”.
5
An occasional licence has effect for such period of not more than 14 days as the Licensing Board may determine.
6
A Licensing Board may issue under subsection (1) in respect of any one voluntary organisation in any period of 12 months—
a
not more than 4 occasional licences each having effect for a period of 4 days or more, and
b
not more than 12 occasional licences each having effect for a period of less than 4 days,
provided that, in any period of 12 months, the total number of days on which occasional licences issued in respect of the organisation have effect does not exceed 56.
F946A
If the granting of an occasional licence application would result in the occasional licence limit being exceeded, the Board must refuse the application.
6B
The “ occasional licence limit ” means—
a
in the case of a voluntary organisation, a limit provided for in subsection (6),
b
in any other case, such limit as may be prescribed.
6C
Regulations under subsection (6B)(b) may, in particular—
a
limit the number of occasional licences that may have effect in respect of—
i
the same applicant, or
ii
the same premises,
in any period of 12 months,
b
limit the number of days on which occasional licences may have effect in respect of—
i
the same applicant, or
ii
the same premises,
in any period of 12 months,
c
limit the number of continuous days on which occasional licences may have effect in respect of the same premises.
7
An occasional licence issued by a Licensing Board under subsection (1) must—
a
be in the prescribed form, and
b
contain the information specified in subsection (8).
8
That information is—
a
the name and address of the holder of the licence,
b
a description of the premises in respect of which it is issued,
c
a description of the activities to be carried on in the premises,
d
a statement of the period during which the licence has effect,
e
a statement of the times during which alcohol may be sold on the premises,
f
a statement as to whether alcohol may be sold for consumption on the premises, off the premises or both,
g
a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,
h
where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—
i
the ages of the children or young persons to be allowed entry,
ii
the times at which they are to be allowed entry, and
iii
the parts of the premises to which they are to be allowed entry,
i
the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found, and
j
such other information as may be prescribed.
9
Where alcohol is to be sold both for consumption on and for consumption off the premises, the occasional licence for the premises may, under subsection (8)(e), state different times for—
a
the sale of alcohol for consumption on the premises, and
b
the sale of alcohol for consumption off the premises.
F3310
Where a Licensing Board issues an occasional licence under subsection (1), the Board must send a copy of the occasional licence to the F177chief constable.
I9357Notification of application to chief constable and Licensing Standards Officer
1
Where a Licensing Board receives an occasional licence application, the Board must give notice of it, together with a copy of the application, to—
a
the F178chief constable, and
b
any Licensing Standards Officer for the area in which the subject premises are situated.
F1212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A Licensing Standards Officer may, within 21 days of receipt of a notice under subsection (1)(b), prepare and submit to the Licensing Board a report setting out the Officer's comments on the application.
F3263A
If a Licensing Standards Officer intends to prepare and submit a report but is, for a reason relating to coronavirus, unable to do so within the period mentioned in subsection (3)—
a
the Officer must, within that period, make the Licensing Board aware of that situation, and
b
if the Officer submits a report after the end of that period, the Board may take the report into account if the Board considers it reasonable to do so.
F954
Subsection (5) applies where the Licensing Board is satisfied that the application requires to be dealt with quickly.
5
I9458Objections and representations
1
Where an occasional licence application is made to a Licensing Board, any person may by notice to the Licensing Board—
a
object to the application on any ground relevant to one of the grounds for refusal specified in section 59(6), or
b
make representations to the Board concerning the application, including, in particular, representations—
i
in support of the application, or
ii
as to conditions which the person considers should be imposed.
2
Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any occasional licence application made to the Board, the Board must—
a
give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and
b
have regard to the objection or representation in determining the application,
unless the Board rejects the notice under subsection (3).
3
A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the objection or representation is frivolous or vexatious.
4
Where a Licensing Board rejects a notice of objection or representation under subsection (3), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.
5
In any proceedings by a Licensing Board for the recovery of expenses under subsection (4), a copy of any minute of proceedings of the Licensing Board—
a
recording the Board's rejection of the notice and the grounds for rejection, and
b
certified by the clerk of the Board to be a true copy,
is sufficient evidence of the rejection and of the establishment of the ground for rejection.
I9559Determination of application
1
An occasional licence application received by a Licensing Board is to be determined in accordance with this section.
2
If the Board has not received any—
F122a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
report from a Licensing Standards Officer under section 57(3), or
c
notice of objection or representation under section 58(1),
relating to the application, the Board must grant the application F96unless the application must be refused under section 56(6A), 64(2) or 65(3).
3
In any other case, the Board must consider whether any of the grounds for refusal applies and—
a
if none of them applies, the Board must grant the application, or
b
if any of them applies, the Board must refuse the application.
4
The Board may hold a hearing for the purposes of determining any application which is to be determined in accordance with subsection (3).
5
Where the Board does not hold a hearing for that purpose, the Board must ensure that, before determining the application, the applicant is given an opportunity to comment on any such notice or report as is referred to in subsection (2).
6
The grounds for refusal are—
a
that the premises to which the application relates are excluded premises,
b
that the application must be refused under section F9756(6A), 64(2) or 65(3),
c
that the Licensing Board considers the granting of the application would be inconsistent with one or more of the licensing objectives,
d
that, having regard to—
i
the nature of the activities proposed to be carried on in the premises to which the application relates,
ii
the location, character and condition of the premises, and
iii
the persons likely to frequent the premises,
the Board considers that the premises are unsuitable for use for the sale of alcohol.
F1237
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In determining any application which is to be determined in accordance with subsection (3), the Board must take into account any report from a Licensing Standards Officer under section 57(3).
I9660Conditions 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 F98, delete or amend a condition as they consider necessary or expedient for the purposes of any of the licensing objectives, or
b
to extend the application of any condition F99for the time being 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.
I9761Notification of determinations
1
Where a Licensing Board grants or refuses an occasional licence application, the Board must give notice of the grant or refusal to—
a
the applicant,
b
the F179chief constable,
c
any Licensing Standards Officer for the area in which the subject premises are situated, and
d
any person who gave a notice of objection or representation under section 58(1) in respect of the application.
2
A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.
3
Where the clerk of a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—
a
the person giving the notice, and
b
each other person to whom the Board gave notice under subsection (1).
4
A statement of reasons under subsection (3) must be issued—
a
by such time, and
b
in such form and manner,
as may be prescribed.
Part 5Licensed hours
General
I2062Licensed hours
1
In this Act, “licensed hours” means, in relation to licensed premises—
a
in the case of licensed premises in respect of which a premises licence has effect, the period or periods of time specified for the time being in the operating plan contained in the premises licence as those during which alcohol is to be sold on the premises, and
b
in the case of licensed premises in respect of which an occasional licence has effect, the period or periods of time specified in the licence as those during which alcohol may be sold on the premises,
and a reference to a period of licensed hours is a reference to any of those periods of time.
2
In this Act—
a
in relation to any premises—
i
“on-sales hours” means licensed hours applying to the sale of alcohol for consumption on the premises,
ii
“off-sales hours” means licensed hours applying to the sale of alcohol for consumption off the premises, and
b
in relation to any licensed premises on which alcohol is sold both for consumption on the premises and for consumption off the premises, references to licensed hours are—
i
in relation to alcohol sold for consumption on the premises, to be read as references to on-sales hours,
ii
in relation to alcohol sold for consumption off the premises, to be read as references to off-sales hours.
3
Subsection (1) is subject to sections 67(6) and 68(5).
I16163Prohibition of sale, consumption and taking away of alcohol outwith licensed hours
1
Subject to subsection (2), a person commits an offence if, outwith licensed hours, the person—
a
sells alcohol, or allows alcohol to be sold, on licensed premises,
b
allows alcohol to be consumed on licensed premises, or
c
allows alcohol to be taken from licensed premises.
2
It is not an offence under subsection (1) for a person to—
a
allow alcohol to be consumed on licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol was sold during that period,
b
allow alcohol to be taken from licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol—
i
was sold during that period, and
ii
is not taken from the premises in an open container,
c
allow alcohol to be consumed on or taken from licensed premises outwith licensed hours if the person consuming or taking the alcohol—
i
resides on the premises, or
ii
is a guest of a person who resides there,
d
sell alcohol or allow alcohol to be sold on licensed premises outwith licensed hours if the alcohol is sold to a person who resides on the premises,
e
allow alcohol to be consumed on licensed premises at a meal at any time within 30 minutes of the end of any period of licensed hours if the alcohol was sold—
i
during that period,
ii
at the same time as the meal, and
iii
for consumption at the meal,
f
sell alcohol or allow alcohol to be sold on F74or taken from licensed premises outwith licensed hours if the alcohol is sold to—
i
a person who is a trader for the purposes of the person's trade, or
ii
a person for supply to or on any premises which are occupied for the purposes of the armed forces of the Crown.
3
It is a defence for a person (“the accused”) charged with an offence under subsection (1) of allowing alcohol to be consumed on or taken from any licensed premises outwith licensed hours to prove—
a
that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised all due diligence not to commit the offence, or
b
that there were no lawful and reasonably practicable means by which the accused could prevent the person consuming or taking the alcohol on or from the premises from so doing.
4
A person commits an offence if, having been requested by a responsible person not to do so, the person consumes alcohol on, or takes alcohol from, licensed premises outwith licensed hours.
5
In subsection (4), “responsible person” means—
a
in the case of licensed premises in respect of which a premises licence has effect, the premises manager,
b
in the case of licensed premises in respect of which an occasional licence has effect, the holder of the licence,
c
in either case, any person who works on the premises in a capacity (whether paid or unpaid) which authorises the person to make the request mentioned in subsection (4).
6
Nothing in this section prevents or restricts—
a
the ordering of alcohol for consumption off licensed premises, or
b
the despatch of alcohol so ordered by the person selling it.
7
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I986424 hour licences to be granted only in exceptional circumstances
1
Subsection (2) applies where, in relation to any premises—
a
an application of any of the following kinds is made to a Licensing Board in respect of the premises, namely—
i
a premises licence application,
ii
a premises licence variation application,
iii
an occasional licence application, or
iv
an extended hours application, and
b
if the application were to be granted, the licensed hours in relation to the premises would be such as to allow alcohol to be sold on the premises during a continuous period of 24 hours or more.
2
The Licensing Board must refuse the application unless the Board is satisfied that there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period.
I9965Licensed hours: off-sales
1
This section applies where an application specified in subsection (2) is made to a Licensing Board in relation to any premises, but only so far as the application is for—
a
a licence authorising the sale of alcohol for consumption off the premises, or
b
an extension of off-sales hours in relation to the premises.
2
That application is—
a
a premises licence application,
b
a premises licence variation application,
c
an occasional licence application, or
d
an extended hours application.
3
If the off-sales hours proposed in the application are such that alcohol would be sold for consumption off the premises—
a
before 10am,
b
after 10pm, or
c
both,
on any day, the Board must refuse the application.
4
The Scottish Ministers may by order substitute other times for the times specified in subsection (3).
5
Where subsection (3) does not apply, in considering whether the granting of the application would be inconsistent with any of the licensing objectives, the Board must, in particular, consider the effect (if any) which the off-sales hours proposed in the application would have on the occurrence of antisocial behaviour.
6
In subsection (5), “antisocial behaviour” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).
7
This section is without prejudice to the generality of sections 23(4), 30(4), 59(3) and 68(1).
I2166Effect of start and end of British Summer Time
1
Subsection (2) applies in relation to any period of licensed hours—
a
during which, or
b
at the end of which,
British Summer Time is due to begin or end.
2
The beginning or, as the case may be, ending of British Summer Time is to be disregarded for the purpose of determining the time at which that period of licensed hours ends and, accordingly, the period ends at the time it would have ended had British Summer Time not begun or ended.
3
In this section, “British Summer Time” means the period of summer time for the purposes of the Summer Time Act 1972 (c. 6).
Occasional extensions
I10067Power for Licensing Board to grant general extensions of licensed hours
1
A Licensing Board may, if they consider it appropriate to do so in connection with a special event of local or national significance, make a determination extending licensed hours by such period as the Board may specify in the determination.
2
A determination under subsection (1) may apply to—
a
the whole of the Licensing Board's area or only to specified parts of the area,
b
licensed hours generally or only to specified descriptions of licensed hours, and
c
all licensed premises in the Board's area or only to specified descriptions of such premises.
3
A determination under subsection (1) has effect for such period as the Board may specify in it.
4
Where a Licensing Board makes a determination under subsection (1), the Board must—
a
give notice of the determination to—
i
the F180chief constable, and
ii
the holders of premises licences and occasional licences in respect of premises to which the determination applies, and
b
publicise it in such manner as the Board sees fit.
5
Nothing in this section is to be taken as requiring any licensed premises to be open for the sale of alcohol during the period of any extension of licensed hours specified in a determination under subsection (1).
6
Except where the context requires otherwise, references in this Act to “licensed hours”are, in relation to any relevant premises to which a determination under subsection (1) applies, to be taken as references to such hours as extended by the determination.
7
In this section, “specified” means specified in a determination under subsection (1).
I10168Extended hours applications
1
The appropriate Licensing Board may—
a
on the application of the holder of the premises licence in respect of any licensed premises, and
b
if the Board consider it appropriate to do so in connection with—
i
a special event or occasion to be catered for on the premises, or
ii
a special event of local or national significance,
extend the licensed hours in respect of the premises by such period as is specified in the application or such other period as the Board consider appropriate.
2
An extension of licensed hours under subsection (1) has effect for such period as is specified in the application or such other period as the Board consider appropriate; but in either case the period must not exceed one month.
3
An application under subsection (1) is referred to in this Act as an “extended hours application”.
4
A period of licensed hours which is extended under this section may not be further extended under this section.
5
Except where the context requires otherwise, references in this Act to “licensed hours” are, in relation to any period of licensed hours extended under this section, to be taken as references to such hours as so extended.
6
References in this section to “licensed premises” do not include premises in respect of which an occasional licence has effect.
I10269Notification of extended hours application
1
Where a Licensing Board receives an extended hours application, the Board must give notice of it, together with a copy of the application, to—
a
the F159chief constable, and
b
any Licensing Standards Officer for the area in which the subject premises are situated.
2
F3062A
If the chief constable intends to object to an application but is, for a reason relating to coronavirus, unable to give notice of the objection to the Licensing Board within the period mentioned in subsection (2)—
a
the chief constable must, within that period, make the Board aware of that situation, and
b
if the chief constable gives notice of the objection after the end of that period, the Board may take the objection into account if the Board considers it reasonable to do so.
3
A Licensing Standards Officer must, within 10 days of receipt of a notice under subsection (1)(b), prepare and submit to the Licensing Board a report setting out the Officer's comments on the application.
F3073A
If a Licensing Standards Officer is, for a reason relating to coronavirus, unable to prepare and submit a report to the Licensing Board within the period mentioned in subsection (3)—
a
the Licensing Standards Officer must, within that period, make the Board aware of that situation, and
b
the Board may take into account a report that is submitted after the end of that period if the Board considers it reasonable to do so.
F1004
Subsections (5) and (6) apply where the Licensing Board is satisfied that the application requires to be dealt with quickly.
5
Subsections (2) and (3) have effect in relation to the application as if the references to the period of 10 days were references to such shorter period of not less than 24 hours as the Board may determine.
6
Subsection (3) has effect in relation to the application as if for the word “must” there were substituted
“
may
”
.
I10370Determination of extended hours application
1
In determining an extended hours application, the Licensing Board must take into account—
a
any notice of objection given by the F167chief constable under section 69(2), and
b
the Licensing Standards Officer's report under section 69(3).
2
The Board may hold a hearing for the purpose of determining an extended hours application.
3
Where the Board does not hold a hearing for that purpose, the Board must, before determining the application, ensure that the applicant is given an opportunity to comment on any such notice or report as is mentioned in subsection (1).
4
Where a Licensing Board grants or refuses an extended hours application, the Board must give notice of the grant or refusal to—
a
the applicant,
b
the F168chief constable, and
c
any Licensing Standards Officer for the area in which the subject premises are situated.
5
A person to whom notice is given under subsection (4) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.
6
Where the clerk of a Licensing Board receives a notice under subsection (5), the Board must issue a statement of the reasons for the grant or refusal of the application to—
a
each person giving the notice, and
b
each other person to whom the Board gave notice under subsection (4).
7
A statement of reasons under subsection (6) must be issued—
a
by such time, and
b
in such form and manner,
as may be prescribed.
70AF70Extended hours applications: variation of conditions
1
On granting an extended hours application under section 68(1) in respect of a premises licence, the Licensing Board may make such variation of the conditions to which the licence is subject as the Board considers necessary or expedient for the purposes of any of the licensing objectives.
2
A variation made under subsection (1)—
a
may have effect only in relation to a period of licensed hours which is extended under section 68(1), and
b
ceases to have effect at the end of the period for which the extension of the licensed hours has effect under section 68(2).
3
In subsection (1), “variation” includes addition, deletion or other modification.
Part 6Personal licences
Introductory
I2271Personal licence
In this Act, “personal licence”, in relation to an individual, means a licence—
a
issued to the individual by a Licensing Board under section 76(1) of this Act, and
b
authorising the individual to supervise or authorise the sale of alcohol.
Grant and renewal of personal licence
I10472Application for personal licence
1
Any individual aged 18 years or more may apply for a personal licence to—
a
if the individual is ordinarily resident in the area of any Licensing Board, that Board, or
b
in any other case, any Licensing Board.
2
An application under subsection (1) is referred to in this Act as a “personal licence application”.
I10573Notification of application to chief constable
1
Where a Licensing Board receives a personal licence application, the Board must give notice of it, together with a copy of the application, to the F153chief constable.
2
The F154chief constable must, within 21 days of the date of receipt of a notice under subsection (1), F309or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (3).
F3082A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (2), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
3
Those notices are—
a
a notice stating that, as far as the chief constable is aware, the applicant has not been convicted of any relevant offence or foreign offence, or
b
a notice specifying any convictions of the applicant for any such offence.
F354
On giving a notice under subsection (3)(a) or (b), if the F155chief constable considers that it is necessary for the purposes of any of the licensing objectives that the personal licence application be refused, the chief constable may include in the notice a recommendation to that effect.
F2515
On giving a notice under subsection (3)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to the applicant that the chief constable considers may be relevant to consideration by the Board of the application.
73AF206Notification of application to Licensing Standards Officer
1
Where a Licensing Board receive a personal licence application, the Board must give notice of it, together with a copy of the application, to a Licensing Standards Officer for the Board's area.
2
A Licensing Standards Officer may, within 21 days of the date of receipt of a notice under subsection (1), respond to the notice by giving the Licensing Board any information in relation to the applicant that the Officer considers may be relevant to consideration by the Board of the application.
F3272A
If a Licensing Standards Officer intends to respond to a notice but is, for a reason relating to coronavirus, unable to do so within 21 days of receipt of the notice—
a
the Officer must, within that period, make the Licensing Board aware of that situation, and
b
if the Officer responds to the notice after the end of that period, the Board may take the response into account if the Board considers it reasonable to do so.
I10674Determination of personal licence application
1
A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.
2
If—
a
all of the conditions specified in subsection (3) are met in relation to the applicant, F38...
b
the Board has received from the F142chief constable a notice under section 73(3)(a),
F39c
the notice does not include a recommendation under section 73(4),
F254ca
no information has been provided under section 73(5) or 73A(2),
d
the applicant has signed the application, and
e
subsection (8) does not apply,
the Board must grant the application.
3
The conditions referred to in subsection (2)(a) are that—
a
the applicant is aged 18 or over,
b
the applicant possesses a licensing qualification, F40...
F41ba
the applicant does not already hold a personal licence, and
c
no personal licence previously held by the applicant has been revoked F185under any provision of this Act other than section 87(3) within the period of 5 years ending with the day on which the application was received.
4
If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.
5
If—
a
all of those conditions are met in relation to the applicant, and
F42b
the notice received from the F141chief constable under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,
the Licensing Board must hold a hearing for the purpose of considering and determining the application.
F375A
If—
a
all of those conditions are met in relation to the applicant,
b
the Board has received from the F143chief constable a notice under subsection (3)(b) of section 73, and
c
the notice does not include a recommendation under subsection (4) of that section,
the Board may hold a hearing for the purpose of considering and determining the application.
F2525AA
If—
a
all of those conditions are met in relation to the applicant,
b
the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation under subsection (4) of that section, and
c
information has been provided under subsection (5) of that section or under section 73A(2),
the Board may hold a hearing for the purpose of considering and determining the application.
5B
If the Board decides not to hold a hearing under subsection (5A) F255or (5AA), the Board must grant the application.
6
At a hearing under subsection F256(5), (5A) or (5AA), the Licensing Board must, after having regard to the chief constable's notice F257and any information provided under section 73(5) or 73A(2)—
a
if satisfied that F258a ground for refusal applies, refuse the application, or
b
if not so satisfied, grant the application.
F2536A
The grounds for refusal are—
a
that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal licence,
b
that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.
F367
Subsection (8) applies if—
a
all of the conditions specified in subsection (3) are met in relation to the applicant,
b
the Board has received from the F144chief constable a notice under section 73(3)(a), and
c
the applicant has held a personal licence which—
i
expired within the period of 3 years ending on the day on which the application was received, or
ii
was surrendered by the applicant by notice under section 77(6) received within that period.
8
The Licensing Board may—
a
hold a hearing for the purposes of considering and determining the application, and
b
after having regard to the circumstances in which the personal licence previously held expired or, as the case may be, was surrendered—
i
refuse the application, or
ii
grant the application.
I10775Applicant's duty to notify Licensing Board of convictions
1
This section applies where, during the period beginning with the making of a personal licence application and ending with determination of the application, the applicant is convicted of a relevant offence or a foreign offence.
C142
The applicant must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board to which the personal licence application was made.
3
A notice under subsection (2) must specify—
a
the nature of the offence, and
b
the date of the conviction.
4
Where the Licensing Board receives a notice under subsection (2) at any time before they have determined the personal licence application, the Board must—
a
suspend consideration of the application, and
b
give notice of the conviction to the F161chief constable.
5
The F162chief constable must, within 21 days of the date of receipt of a notice under subsection (4)(b), F311or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).
F3105A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (5), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
6
Those notices are—
a
a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or
b
a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.
7
Where the chief constable—
a
proposes to give a notice under subsection (6)(b), and
b
considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of F43any of the licensing objectives that the personal licence application be refused,
the chief constable may include in the notice a recommendation to that effect.
8
On receipt of the chief constable's notice under subsection (6), the Licensing Board must resume consideration of the personal licence application and determine it in accordance with section 74.
9
For that purpose, that section has effect as if—
a
references in it to a notice under section 73(3)(a) included references to a notice under subsection (6)(a) of this section, F44...
b
references in it to a notice under section 73(3)(b) included references to a notice under subsection (6)(b) of this section F45, and
c
references in it to a recommendation under section 73(4) include references to a recommendation under subsection (7) of this section.
10
A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
11
A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I10876Issue of licence
1
Where a Licensing Board grants a personal licence application, the Board must issue a personal licence, in the prescribed form, to the applicant.
2
A personal licence issued under subsection (1) must specify—
a
the name and address of the individual to whom it is issued,
b
the Licensing Board issuing the licence,
c
the expiry date of the licence,
d
any relevant offence or foreign offence of which the applicant has been convicted, and
e
such other matters as may be prescribed.
3
A personal licence is void if, at the time it is issued under subsection (1), the individual to whom it is issued already holds a personal licence.
F464
A person who holds a void personal licence must surrender it to the Licensing Board.
5
A person who, without reasonable excuse, fails to comply with subsection (4) commits an offence.
6
A person who passes off a void personal licence as a valid personal licence knowing that the licence is void commits an offence.
7
A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
C7I10977Period of effect of personal licence
C191
A personal licence has effect, subject to the following provisions of this section, during the period of 10 years beginning with the date on which it is issued.
2
That period, and any subsequent extension of it under this subsection, is extended for a further period of 10 years if a personal licence renewal application is granted in respect of the licence.
F3122A
Subsection (2B) applies where a personal licence renewal application is made to a Licensing Board and the Board has not determined the application before the expiry date of the licence.
2B
Despite subsection (1), the licence continues to have effect for a period of 6 months beginning on the expiry date of the licence.
3
A personal licence does not have effect for any period during which it is suspended by virtue of any provision of this Act.
4
5
A personal licence ceases to have effect if—
a
the licence is revoked under any provision of this Part, or
b
the Licensing Board which issued the licence receives from the personal licence holder a notice under subsection (6).
6
That is a notice—
a
accompanied by the personal licence or, where that is not practicable, by a statement of reasons for failure to produce the licence, and
b
stating that the licence holder wishes to surrender the licence.
7
The date of expiry of the period during which a personal licence has effect is referred to in this Act as the “expiry date” of the licence.
8
Not later than F2599 months before the expiry date of a personal licence, the Licensing Board which issued the licence must give notice to the licence holder that the licence will cease to have effect on the expiry date unless renewed.
I11078Renewal of personal licence
1
The holder of a personal licence may, within the period specified in subsection (2), apply to the Licensing Board which issued the licence for renewal of the licence.
F3282
F3282
The period referred to in subsection (1) is—
a
the period of 9 months beginning 12 months before the expiry date of the licence, or
b
if the Licensing Board is satisfied that, for a reason relating to coronavirus, the holder of the personal licence is unable to apply within the period mentioned in paragraph (a), the period which begins 12 months before the expiry date of the licence and ends on the day before the expiry date of the licence.
3
An application under subsection (1) must be accompanied by—
a
the personal licence to which it relates, or
b
if that is not practicable, a statement of the reasons for failure to produce the licence.
4
An application under subsection (1) which complies with subsection (3) is referred to in this Act as a “personal licence renewal application”.
5
6
For that purpose, references in those sections to a personal licence application are to be read as if they included reference to a personal licence renewal application.
I11179Notification of determinations
1
This section applies where a Licensing Board grants or refuses—
a
a personal licence application, or
b
a personal licence renewal application.
2
The Board must give—
a
the applicant, and
b
the F181chief constable,
notice of the grant or refusal of the application.
3
A person to whom notice is given under subsection (2) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.
4
Where the clerk of a Licensing Board receives a notice under subsection (3), the Board must issue a statement of the reasons for the grant or refusal of the application to—
a
the person giving the notice, and
b
each other person to whom the Board gave notice under subsection (2).
5
A statement of reasons under subsection (4) must be issued—
a
by such time, and
b
in such form and manner,
as may be prescribed.
Conviction of licence holder for relevant or foreign offence
I11280Duty to notify court of personal licence
1
Subsection (2) applies where—
a
a person who holds a personal licence is charged with a relevant offence, or
b
a person charged with a relevant offence is granted a personal licence after the person's first appearance in court in connection with the offence but before—
i
conviction and sentencing for the offence or acquittal, or
ii
where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.
2
The person must, no later than the person's first or, as the case may be, next appearance in court in connection with the offence—
a
produce to the court the personal licence, or
b
if that is not practicable, notify the court of—
i
the existence of the personal licence,
ii
the identity of the Licensing Board which issued the licence, and
iii
the reasons why it is not practicable to produce the licence.
3
A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
I11381Court's duty to notify Licensing Board of convictions
1
This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a personal licence.
2
The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the personal licence held by the licence holder.
3
Where—
a
a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and
b
that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),
the receiving Board must give notice of the conviction to the other Board.
I11482Licence holder's duty to notify Licensing Board of convictions
1
This section applies where a personal licence holder is convicted of a relevant or foreign offence.
C152
The licence holder must, no later than one month after the date of the conviction, give notice of the conviction to—
a
the Licensing Board which issued the personal licence held by the licence holder, and
b
if different, the Licensing Board for the area in which are situated any licensed premises in which the licence holder is working.
3
A notice of conviction under subsection (2) must—
a
specify—
i
the nature of the offence, and
ii
the date of the conviction, and
b
be accompanied by—
i
the personal licence held by the licence holder, or
ii
if that is not practicable, a statement of the reasons for failure to produce the licence.
4
Where—
a
a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and
b
that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),
the receiving Board must give notice of the conviction to the other Board.
5
A licence holder who fails, without reasonable excuse, to comply with subsection (2) commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
I11583Procedure where Licensing Board receives notice of conviction
1
Subsection (2) applies where the relevant Licensing Board—
a
receives a notice of conviction relating to a personal licence holder, or
b
becomes aware that a personal licence holder was, during the application period, convicted of a relevant offence or a foreign offence.
2
The Licensing Board must give notice of the conviction to the F127chief constable.
3
The F128chief constable must, within 21 days of the date of receipt of a notice under subsection (2), F316or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus, respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).
F3153A
Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—
a
that fact, and
b
the time period within which the chief constable expects to respond.
4
Those notices are—
a
a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or a foreign offence, or
b
a notice confirming the existence of the conviction and that it relates to a relevant or a foreign offence.
5
Where the F126chief constable—
a
proposes to give a notice under subsection (4)(b), and
b
considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of F47any of the licensing objectives that the licence holder's personal licence should be revoked, suspended or endorsed,
the chief constable may include in the notice a recommendation to that effect.
6
If the Licensing Board receives from the F129chief constable a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.
7
F2667A
If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—
a
hold a hearing, or
b
decide to take no further action in relation to the conviction.
8
At F267a hearing under subsection (7) or (7A)(a), the Licensing Board may—
a
having regard to—
i
the conviction, and
ii
any recommendation contained in the chief constable's notice under subsection (5),
b
after giving—
i
the licence holder concerned, and
ii
the F131chief constable,
an opportunity to be heard, and
c
if satisfied that it is necessary to do so for the purposes of F48any of the licensing objectives,
make an order under subsection (9).
F2648A
Subsection (8) is subject to subsection (9A).
9
That order is an order—
a
revoking,
b
suspending for such period, not exceeding 6 months, as the Board considers appropriate, or
c
endorsing,
the personal licence held by the licence holder concerned.
F2659A
Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.
10
Where the Licensing Board makes an order under subsection (9) F269or (9A) , the Board must give—
a
the licence holder concerned,
b
the F132chief constable, and
c
if different, the Licensing Board which issued the personal licence,
notice of the order and of the reasons for making it.
11
In this section—
“the application period” means, in relation to a personal licence holder, the period—
- a
beginning with the date on which the application for the personal licence held by that licence holder was made, and
- b
ending with the date on which that application was granted,
- a
“notice of conviction” means a notice under section 81(2) or 82(2), and
“relevant Licensing Board” means, in relation to a personal licence holder—
- a
if the personal licence holder is working as a premises manager at any licensed premises, the Licensing Board for the area in which those premises are situated,
- b
in any other case, the Licensing Board which issued the personal licence held by the licence holder.
- a
Conduct inconsistent with licensing objectives
I16284Conduct inconsistent with the licensing objectives
1
This section applies where, in the course of a review hearing in respect of any premises licence, a Licensing Board makes a finding such as is mentioned in subsection (2) in relation to any personal licence holder who is or was working in the licensed premises in respect of which the premises licence was issued (“the licensed premises concerned”).
2
That finding is a finding that the licence holder concerned, while working as mentioned in subsection (1), acted in a manner which was inconsistent with any of the licensing objectives.
3
The Licensing Board making the finding must—
a
if the licence holder concerned is, at the time of the finding, working in licensed premises (whether the licensed premises concerned or other licensed premises) in that Board's area, hold a hearing,
b
in any other case, give notice to the relevant Licensing Board of their finding together with a recommendation as to whether the personal licence held by the licence holder concerned should be revoked, suspended or endorsed.
4
In subsection (3)(b), “relevant Licensing Board” means—
a
if the Licensing Board making the finding referred to in subsection (1) has reason to believe that the licence holder concerned is working at licensed premises situated in the area of another Licensing Board, that other Licensing Board,
b
in any other case, the Licensing Board which issued the personal licence held by the licence holder concerned.
5
Where a Licensing Board receives a notice and recommendation under subsection (3)(b), the Board must hold a hearing.
6
At a hearing under subsection (3)(a) or (5), the Licensing Board may—
a
after giving—
i
the licence holder concerned, and
ii
such other persons as they consider appropriate,
an opportunity to be heard, and
b
if satisfied that it is necessary to do so for the purposes of any of the licensing objectives,
make an order under subsection (7).
F2706A
Subsection (6) is subject to subsection (7A).
7
That is an order—
a
revoking,
b
suspending for such period, not exceeding 6 months, as the Board considers appropriate, or
c
endorsing,
the personal licence held by the licence holder concerned.
F2717A
Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.
8
Where the Licensing Board makes an order under subsection (7) F272or (7A) , the Board must give—
a
the licence holder concerned,
b
where the hearing was held in pursuance of a notice given under subsection (3)(b), the Licensing Board which gave the notice, and
c
if different, the Licensing Board which issued the personal licence,
notice of the order and of the reasons for making it.
84AF9Power of chief constable to report conduct inconsistent with the licensing objectives
1
If F163the chief constable considers that any personal licence holder has acted in a manner which is inconsistent with any of the licensing objectives, the chief constable may report the matter to the relevant Licensing Board.
2
Where a Licensing Board receives a report from F164the chief constable under subsection (1), the Board must hold a hearing.
3
4
In subsection (1), “ relevant Licensing Board ” has the meaning given in section 83(11).
84BF209Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives
1
If a Licensing Standards Officer considers that any personal licence holder who is or was working in licensed premises in the Officer's area has acted in a manner which is inconsistent with any of the licensing objectives, the Officer may report the matter to the relevant Licensing Board.
2
Where a Licensing Board receives a report from a Licensing Standards Officer under subsection (1), the Board may hold a hearing.
3
Subsections (6), (6A), (7), (7A) and (8) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.
4
In subsection (1), “relevant Licensing Board” has the meaning given in section 83(11).
Endorsements
I11685Expiry of endorsements
1
In this section and section 86, “endorsement” means an endorsement made in a personal licence by virtue of an order under—
a
section 83(9)(c), or
b
section 84(7)(c).
2
An endorsement expires at the end of the period of 5 years beginning with the date on which the endorsement was made.
3
The holder of a personal licence containing an endorsement which has expired under subsection (2) may apply to the Licensing Board which issued the licence for removal of the endorsement.
4
An application under subsection (3) must be accompanied by the personal licence to which it relates.
5
Where a Licensing Board receives an application under subsection (3) in relation to any personal licence, the Board must amend the licence so as to remove the endorsement from it.
6
For the purposes of this Act, any endorsement which has expired under subsection (2) is to be disregarded (whether or not the endorsement has been removed under subsection (5)).
I11786Suspension of licence after multiple endorsements
1
Where 3 endorsements have been made in any personal licence, the Licensing Board which issued the licence must hold a hearing.
2
At the hearing, the Licensing Board may—
a
after giving—
i
the holder of the licence, and
ii
such other persons as the Board considers appropriate,
an opportunity to be heard, and
b
if they consider it necessary to do so for the purposes of any of the licensing objectives,
make an order under subsection (3).
3
That is an order—
a
suspending the licence for such period, not exceeding 6 months, as the Board considers appropriate, or
b
revoking the licence.
4
Where the Licensing Board makes an order under subsection (3), the Board must give the licence holder notice of the order and of the reasons for making it.
Licence holder's duty to undertake training
I11887Licence holder's duty to undertake training
1
The holder of a personal licence must, no later than 3 months after the expiry of—
a
the period of 5 years beginning with the date on which the licence holder's licence was issued, and
b
each subsequent period of 5 years during which the licence has effect,
produce to the Licensing Board which issued the licence evidence in the prescribed form of the licence holder's having complied, during that period, with such requirements as to the training of personal licence holders as may be prescribed.
2
A Licensing Board must—
a
in relation to each personal licence issued by it, and
b
no later than 3 months before the expiry of each period mentioned in subsection (1),
give to the holder of the licence notice of the requirement imposed by that subsection.
3
If a personal licence holder fails to comply with subsection (1), the Licensing Board which issued the licence held by the licence holder must revoke the licence.
F3293A
For the purposes of subsection (3), a personal licence holder who fails to comply with subsection (1) for a reason relating to coronavirus is to be treated as having complied with subsection (1) if—
a
the Licensing Board which issued the licence extends the period within which the licence holder is to—
i
comply with any training requirements mentioned in subsection (1), and
ii
produce evidence of having so complied, and
b
the licence holder complies with such requirements and produces evidence of having so complied within that extended period.
3B
For the purposes of subsection (3A), the Board may extend the period on more than one occasion if this is necessary for a reason relating to coronavirus.
4
Regulations under subsection (1) prescribing training requirements may, in particular—
a
provide for accreditation by the Scottish Ministers of—
i
courses of training, and
ii
persons providing such courses,
for the purposes of the regulations,
b
prescribe different requirements in relation to different descriptions of personal licence holder, and
c
require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.
Update of licence
I11988Notification of change of name or address
1
A personal licence holder must, no later than one month after any change in the licence holder's name or address, give the Licensing Board which issued the licence notice of the change.
2
A notice under subsection (1) must be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.
3
A personal licence holder who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
I12089Licensing Board's duty to update licence
1
In this section, the “issuing Licensing Board” means, in relation to a personal licence, the Licensing Board which issued the licence.
2
Where the issuing Licensing Board grants a personal licence renewal application made in respect of any personal licence, the Board must make the necessary amendment to the expiry date specified in the licence.
3
Where a personal licence is suspended by virtue of any provision in this Act, the issuing Licensing Board must amend the licence so as to specify in it—
a
the date, and
b
period,
of the suspension.
4
Where the issuing Licensing Board receives a notice of conviction in relation to any personal licence holder, the Board must amend the personal licence held by the licence holder so as to specify in it—
a
the date of the conviction, and
b
the nature of the offence,
unless the Board has already done so by virtue of any previous such notice.
5
Where the issuing Licensing Board—
a
makes an order under section 83(9)(c) or 84(7)(c) in relation to any personal licence holder, or
b
receives notice under section 83(10)(c) or 84(8)(c) of such an order made by another Licensing Board,
the Board must amend the personal licence held by the licence holder so as to include in it a statement that it is endorsed together with the details of the conviction or conduct giving rise to the making of the order.
6
Where the issuing Licensing Board receives a notice under section 88(1) from a personal licence holder, the Board must amend the personal licence of the licence holder so that it specifies the licence holder's new name or address.
7
Where the issuing Licensing Board receives evidence of training produced by a personal licence holder in accordance with section 87(1), the Board must amend the personal licence held by the licence holder so as to include in it the prescribed details of the training.
8
Where the issuing Licensing Board is not in possession of a personal licence and—
a
the licence has been revoked under any provision of this Act, or
b
the Board requires the licence for the purpose of complying with any duty under this section in relation to the licence,
the Board may require the holder of the licence to produce it to the Board within 14 days from the date on which the requirement is notified.
9
A personal licence holder who fails, without reasonable excuse, to comply with a requirement made under subsection (8) commits an offence.
10
A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
11
In this section, “notice of conviction” means a notice under section 81(2) or 82(2).
Miscellaneous
I2390Power to specify which Licensing Board is to exercise functions under this Part
1
The Scottish Ministers may by order provide for any function exercisable under this Part by a Licensing Board of a particular description to be exercisable instead by a Licensing Board of such other description as may be specified in the order.
2
An order under subsection (1) may—
a
modify this Act, and
b
make different provision in relation to different functions.
I2491Power to prescribe licensing qualifications
1
In this Act, “licensing qualification” means—
a
such qualification, or
b
a qualification of such description,
as may be prescribed.
2
Regulations under subsection (1) may, in particular—
a
prescribe qualifications or descriptions of qualifications by reference to whether they are—
i
accredited, or
ii
awarded by a person who is accredited,
for the purposes of this section by the Scottish Ministers in accordance with the regulations,
b
prescribe qualifications or descriptions of qualifications awarded outwith Scotland (as well as qualifications awarded within Scotland),
c
prescribe different qualifications in relation to different licensed premises or licensed premises of different descriptions, and
d
prescribe such qualifications as the appropriate licensing qualifications in relation to those descriptions of licensed premises for the purposes of paragraph 4(2) of schedule 3.
I12192Theft, loss etc. of personal licence
1
This section applies where the Licensing Board which issued a personal licence receives from the holder of the licence an application for a replacement personal licence.
2
If satisfied that—
a
the personal licence held by the applicant has been lost, stolen, damaged or destroyed, and
b
where it has been lost or stolen, the applicant has reported the loss or theft to the police,
the Licensing Board must issue to the applicant a replacement personal licence.
3
A replacement personal licence is a copy of the personal licence held by the applicant—
a
in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and
b
certified by the Board to be a true copy.
F493A
A replacement personal licence is void if at the time it is issued the personal licence in respect of which it was issued is not lost, stolen, damaged or destroyed.
3B
Where a replacement personal licence is issued in respect of a personal licence which has been lost or stolen, the replacement personal licence becomes void if the personal licence is subsequently found or recovered.
3C
A person who holds a void replacement personal licence must surrender it to the Licensing Board.
3D
A person who, without reasonable excuse, fails to comply with subsection (3C) commits an offence.
3E
A person who passes off a void replacement personal licence as a valid licence, knowing that the licence is void, commits an offence.
3F
A person guilty of an offence under subsection (3D) or (3E) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
In this Act, references to a personal licence include references to a replacement personal licence issued under this section.
I16393Licence holder's duty to produce licence
1
This section applies where the holder of a personal licence is working at any licensed premises.
2
A constable or Licensing Standards Officer may, at any time when the licence holder is on the licensed premises, require the licence holder to produce the licence for examination.
3
A person who fails, without reasonable excuse, to comply with a requirement made under subsection (2) commits an offence.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Part 7Control of order
Exclusion of violent offenders
C8I12294Exclusion orders
1
This section applies where a person is convicted of a violent offence committed on, or in the immediate vicinity of, any licensed premises in respect of which a premises licence has effect (referred to in this section and section 96 as “the licensed premises concerned”).
2
The court by or before which the person is convicted of the offence may, in addition to any sentence imposed or other disposal in respect of the offence, make an order prohibiting the person from entering—
a
the licensed premises concerned, and
b
such other licensed premises (if any) as the court may specify in the order,
except with the appropriate consent.
3
The holder of the premises licence in respect of the licensed premises concerned may, by summary application to the sheriff of the appropriate sheriffdom made no later than 6 weeks after the date of the conviction, seek an order prohibiting the person convicted from entering the licensed premises concerned except with the appropriate consent.
4
On such an application, the sheriff, if satisfied that—
a
there is a substantial risk that the person convicted will commit a further violent offence on, or in the immediate vicinity of, the licensed premises concerned, and
b
an order has not been made under subsection (2) in relation to the person in respect of the same conviction,
may grant the order sought.
5
For the purposes of an application under subsection (3), where the sheriff is satisfied that the person to whom the application relates has been convicted as mentioned in subsection (1), it is to be presumed, unless the contrary is proved, that the risk referred to in subsection (4)(a) exists.
6
An order under subsection (2) or (4) is referred to in this Act as an “exclusion order”.
7
An exclusion order has effect, subject to section 95(3), for such period, being not less than 3 months and not more than 2 years, as is specified in the order.
8
In this section—
“the appropriate consent” means, in relation to any licensed premises, the express consent of—
- a
the premises licence holder in respect of the premises, or
- b
a person authorised by the premises licence holder to give consent for the purposes of this section,
- a
“the appropriate sheriffdom” means the sheriffdom in which the licensed premises concerned are situated,
“violent offence” means any offence involving violence or the threat of violence.
C8I12395Breach of exclusion order
1
A person who enters licensed premises in breach of an exclusion order commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 4 on the standard scale,
b
imprisonment for a term not exceeding one month, or
c
both.
3
The court by or before which a person is convicted of an offence under subsection (1) of breaching an exclusion order made under section 94(2) may, if it thinks fit, terminate the exclusion order or vary it so as to delete any licensed premises specified in it.
4
Where, in relation to any licensed premises, an authorised person reasonably suspects a person of having entered the premises in breach of an exclusion order, the authorised person may—
a
remove the person from the premises, and
b
if necessary for that purpose, use reasonable force.
5
A constable must, if—
a
asked by an authorised person to assist in exercising a power conferred by subsection (4), and
b
the constable reasonably suspects the person to be removed of having entered the premises in breach of an exclusion order,
provide the assistance asked for.
6C9
In this section, “authorised person” means, in relation to licensed premises, any of the following persons, namely—
a
the premises licence holder,
b
the premises manager, and
c
any other person who—
i
works on the premises, and
ii
is authorised by the premises licence holder or the premises manager for the purposes of this section.
C8I12496Exclusion orders: supplementary provision
1
References in section 94 to a person's being convicted of an offence are, in the case mentioned in subsection (2), to be read as references to the court's being satisfied that the person committed the offence.
2
That case is the case where—
a
the person is charged with the offence before a court of summary jurisdiction, and
b
the court, without proceeding to conviction, discharges the person absolutely under section 246(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46).
F752A
For the purposes of section 94, section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c.46) (convictions deemed not be convictions where offender placed on probation or discharged absolutely) does not apply to a conviction for a violent offence within the meaning of section 94.
3
Where—
a
a court or the sheriff makes an exclusion order, or
b
a court makes an order terminating or varying an exclusion order,
the clerk of the court or, as the case may be, the sheriff clerk must send a copy of the order to the premises licence holder in respect of the licensed premises concerned.
Closure of premises
I16497Closure orders
1
A Licensing Board may—
a
on the application of a senior police officer relating to any licensed premises situated within the Board's area, and
b
if satisfied that, by reason of the likelihood of disorder on, or in the vicinity of the premises, closure of the premises is necessary in the interests of public safety,
make a closure order in relation to the premises.
2
A F50constable of or above the rank of inspector may, if the constable reasonably believes that—
a
there is, or is likely imminently to be, disorder on, or in the vicinity of, any licensed premises,
b
closure of the premises is necessary in the interests of public safety, and
c
the risk to public safety is such that it is necessary to do so immediately and without making an application under subsection (1),
make a closure order in relation to the premises.
3
A closure order is an order requiring the licensed premises to which it relates to be closed for such period, beginning with the coming into force of the order, as may be specified in the order.
4
A closure order made F51... under subsection (2) is referred to as an “emergency closure order”.
5
The period of closure specified in an emergency closure order must not exceed 24 hours.
6
A closure order comes into force in relation to any licensed premises to which it relates when a constable gives notice of it to a responsible person.
7
Any responsible person who allows any licensed premises to be open in breach of a closure order commits an offence.
8
A person guilty of an offence under subsection (7) is liable on summary conviction to—
a
a fine not exceeding £20,000,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I16598Termination of closure orders
1
2
Where a F54constable terminates a closure order relating to any licensed premises, F55the constable must ensure that notice of the termination is given by a constable to—
a
a responsible person, and
b
in the case of a closure order made by a Licensing Board, the Board.
3
A Licensing Board may—
a
on the application of the holder of the premises licence or, as the case may be, occasional licence in respect of any licensed premises to which a closure order made by the Board relates, and
b
if satisfied that it is no longer necessary in the interests of public safety for the premises to be closed,
terminate the closure order.
I16699Extension of emergency closure order
1
Where an emergency closure order is in effect in respect of any licensed premises, a F56constable of or above the rank of inspector may—
a
before the expiry of the period during which the order has effect (referred to in this section as the “original closure period”), and
b
if the F57constable reasonably believes that the conditions mentioned in subsection (2) are met in relation to the premises,
extend the original closure period for a further period not exceeding 24 hours.
2
The conditions referred to in subsection (1)(b) are—
a
that there continues to be, or is likely to continue to be, disorder on, or in the vicinity of, the premises,
b
that extending the original closure period is necessary in the interests of public safety, and
c
the risk to public safety continues to be such that it is necessary to extend the original closure period immediately and without making an application under section 97(1).
3
An extension under subsection (1) has no effect in relation to any licensed premises unless a constable has, before expiry of the original closure period, given notice of the extension to a responsible person.
I167100Regulations as to closure orders
The Scottish Ministers may by regulations make further provision as to the procedure to be followed in connection with the making of closure orders and extensions to closure orders including, in particular, provision—
a
as to the form and manner in which—
i
any application under section 97(1)(a) or 98(3)(a) is to be made,
ii
any notice under section 97(6), 98(2) or 99(3) is to be given,
b
as to the form of closure orders,
c
for the holding of hearings by Licensing Boards before making closure orders or extensions to them.
I168101Interpretation of sections 97 to 100
In sections 97 to 100 “responsible person” means—
a
in the case of premises in respect of which a premises licence has effect—
i
the premises licence holder, or
ii
the premises manager,
b
in the case of premises in respect of which an occasional licence has effect, the person who holds the occasional licence, and
c
in either case, any person working at the premises in a capacity (whether paid or unpaid) which authorises the person to close the premises.
Part 8Offences
Offences relating to children and young people
I169102Sale of alcohol to a child or young person
1
A person who sells alcohol to a child or a young person commits an offence.
2
It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “the accused”) to show that—
a
the accused believed the child or young person to be aged 18 or over, and
b
either—
i
the accused had taken reasonable steps to establish the child's or young person's age, or
ii
no reasonable person could have suspected from the child's or young person's appearance that the child or young person was aged under 18.
3
For the purposes of subsection (2)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child's or young person's age if and only if—
a
the accused was shown any of the documents mentioned in subsection (4), and
b
that document would have convinced a reasonable person.
4
The documents referred to in subsection (3)(a) are any document bearing to be—
a
a passport,
b
a European Union photocard driving licence, or
c
such other document, or a document of such other description, as may be prescribed.
5
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I170103Allowing the sale of alcohol to a child or young person
1
Any responsible person who F58... allows alcohol to be sold to a child or a young person on any relevant premises commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I171104Sale of liqueur confectionery to a child
1
A person who sells liqueur confectionery to a child commits an offence.
2
It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “the accused”) to show that—
a
the accused believed the child to be aged 16 or over, and
b
either—
i
the accused had taken reasonable steps to establish the child's age, or
ii
no reasonable person could have suspected from the child's appearance that the child was aged under 16.
3
For the purposes of subsection (2)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child's age if and only if—
a
the accused was shown evidence of the child's age, and
b
that evidence would have convinced a reasonable person.
4
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
104AF207Supply of alcohol to a child
1
A person, other than a child or young person, who—
a
buys or attempts to buy alcohol—
i
on behalf of a child, or
ii
for a child, or
b
gives alcohol (or otherwise makes it available) to a child,
commits an offence.
2
Subsection (1)(a)(ii) and (b) does not apply to the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a child—
a
for consumption other than in a public place, or
b
for the purposes of religious worship.
3
In subsection (2)(a), “public place” includes—
a
relevant premises,
b
any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
c
any place to which the public do not have access but to which the child unlawfully gains access.
4
A person who commits an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
104BSupply of alcohol to a young person
1
A person, other than a child or young person, who knowingly—
a
buys or attempts to buy alcohol—
i
on behalf of a young person, or
ii
for a young person, or
b
gives alcohol (or otherwise makes it available) to a young person,
commits an offence.
2
Subsection (1)(a)(ii) and (b) does not apply to—
a
the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a young person—
i
for consumption other than in a public place, or
ii
for the purposes of religious worship, or
b
the buying, or (as the case may be) giving or making available, of beer, wine, cider or perry for consumption by a young person along with a meal supplied on relevant premises.
3
In subsection (2)(a)(i), “public place” includes—
a
relevant premises,
b
any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
c
any place to which the public do not have access but to which the young person unlawfully gains access.
4
A person who commits an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
105F210Purchase of alcohol by a child or young person
I11
A child or young person who buys or attempts to buy alcohol (whether for himself or herself or another person) commits an offence.
I12
It is not an offence under subsection (1) for a child or young person to buy or attempt to buy alcohol if the child or young person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 102.
I13
F182The chief constable may authorise a child or young person to buy or attempt to buy alcohol as mentioned in subsection (2) only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the child or young person.
F214I1724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214I1725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I16
A child or young person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
F215I1727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I173106Consumption of alcohol by a child or young person
1
A child or young person who knowingly consumes alcohol on any relevant premises commits an offence.
2
Any responsible person who F59... allows a child or young person to consume alcohol on any relevant premises commits an offence.
3
Subsections (1) and (2) do not apply to the consumption of beer, wine, cider or perry by a young person along with a meal supplied on relevant premises.
4
A child or young person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
A person guilty of an offence under subsection (2) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I174107Unsupervised sale of alcohol by a child or young person
1
Any responsible person who F60... allows alcohol to be sold, supplied or served by a child or young person on any relevant premises commits an offence.
2
Subsection (1) does not apply to—
a
any sale by a child or young person of alcohol for consumption off the premises, or
b
any supply or service by a child or young person of alcohol for consumption on the premises along with a meal supplied on relevant premises,
if the condition in subsection (3) is satisfied.
3
That condition is that the sale, supply or service is specifically authorised by—
a
a responsible person, or
b
any other person of or over 18 years of age who is authorised by a responsible person for the purposes of this section.
4
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
I175108Delivery of alcohol by or to a child or young person
1
This section applies where alcohol is sold on any relevant premises for consumption off the premises.
2
Any responsible person who allows the alcohol to be delivered by a child or young person commits an offence.
3
Any responsible person who—
a
delivers the alcohol, or
b
allows it to be delivered,
to a child or young person commits an offence.
4
Subsections (2) and (3) do not apply to the delivery of the alcohol by or to a child or young person who works on the relevant premises or at the place where the delivery is made in a capacity (whether paid or unpaid) which involves the delivery of alcohol.
5
It is a defence for a person charged with an offence under subsection (2) or (3)(a) (referred to in this subsection and subsection (6) as “the accused”) to show that—
a
the accused believed the child or young person to be aged 18 or over, and
b
either—
i
the accused had taken reasonable steps to establish the child's or young person's age, or
ii
no reasonable person could have suspected from the child's or young person's appearance that the child or young person was aged under 18.
6
For the purposes of subsection (5)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child's or young person's age if and only if—
a
the accused was shown any of the documents mentioned in subsection (7), and
b
that document would have convinced a reasonable person.
7
The documents referred to in subsection (6)(a) are any document bearing to be—
a
a passport,
b
a European Union photocard driving licence, or
c
such other document, or a document of such other description, as may be prescribed.
8
It is a defence for a person charged with an offence under subsection (3)(b) (“the accused”) to prove that the accused took all reasonable precautions and exercised due diligence not to commit the offence.
9
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I176109Sending a child or young person to obtain alcohol
1
Any person who knowingly sends a child or young person to obtain alcohol sold or to be sold on any relevant premises for consumption off the premises commits an offence.
2
It is immaterial for the purposes of subsection (1) whether the child or young person is sent to obtain the alcohol from the relevant premises where it is sold or from some other place from which it is to be delivered.
3
Subsection (1) does not apply where the child or young person works on the relevant premises or at the place where the alcohol is to be delivered in a capacity (whether paid or unpaid) which involves the delivery of alcohol.
4
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I177110Duty to display notice
1
This section applies in relation to any relevant premises.
2
The notice mentioned in subsection (3) must be displayed—
a
at all times,
b
at each place on the premises where sales of alcohol are made, and
c
in a position where it is readily visible to any person seeking to buy alcohol.
3
That is a notice in the prescribed form and of the prescribed dimensions containing the following statements, namely— “
It is an offence for a person under the age of 18 to buy or attempt to buy alcohol on these premises.
It is also an offence for any other person to buy or attempt to buy alcohol on these premises for a person under the age of 18.
Where there is doubt as to whether a person attempting to buy alcohol on these premises is aged 18 or over, alcohol will not be sold to the person except on production of evidence showing the person to be 18 or over.
”
.
4
If the requirement in subsection (2) is not met in relation to any premises, the person specified in subsection (5) commits an offence.
5
That person is, in relation to any relevant premises—
a
in the case of licensed premises—
i
the premises licence holder, and
ii
the premises manager,
b
in the case of premises in respect of which an occasional licence has effect, the holder of the licence, and
c
in the case of other relevant premises, the person having the management and control of the premises.
6
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Drunkenness and disorderly conduct
I178111Drunk persons entering or in premises on which alcohol is sold
1
A person who, while drunk, attempts to enter any relevant premises (other than premises on which the person resides) commits an offence.
2
A person commits an offence if the person, while drunk—
a
is on any relevant premises, and
b
is incapable of taking care of himself or herself.
3
A constable may arrest without warrant any person committing an offence under this section.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
I179112Obtaining of alcohol by or for a drunk person
1
A person who, on any relevant premises, obtains or attempts to obtain alcohol for consumption on the premises by a person who is drunk commits an offence.
2
A person who, on any relevant premises, helps a person who is drunk to obtain or consume alcohol on the premises commits an offence.
3
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I180113Sale of alcohol to a drunk person
1
Any responsible person who, on any relevant premises, sells alcohol to a person who is drunk commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I181114Premises manager, staff etc. not to be drunk
1
Any responsible person in relation to any relevant premises who is drunk while on the premises commits an offence.
2
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I182115Disorderly conduct
1
A person on relevant premises who, while drunk—
a
behaves in a disorderly manner, or
b
uses obscene or indecent language to the annoyance of any person,
commits an offence.
2
Any responsible person in relation any relevant premises who allows—
a
a breach of the peace,
b
drunkenness, or
c
other disorderly conduct,
to take place on the premises commits an offence.
3
It is a defence for a person charged with an offence under subsection (2) (“the accused”) to prove—
a
that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised due diligence not to commit the offence, or
b
that there were no lawful and reasonably practicable means by which the accused could prevent the conduct giving rise to the offence.
4
A person guilty of an offence under subsection (1)(a) is liable on summary conviction to—
a
a fine not exceeding level 3 on the standard scale,
b
imprisonment for a term not exceeding 60 days, or
c
both.
5
A person guilty of an offence under subsection (1)(b) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I183116Refusal to leave premises
1
A person on any relevant premises who—
a
behaves in a disorderly manner, and
b
refuses or fails to leave the premises on being asked to do so by a responsible person or a constable,
commits an offence.
2
A person on any relevant premises who, after the end of any period of licensed hours, refuses or fails to leave the premises on being asked to do so by a responsible person or a constable commits an offence.
3
Where a person refuses or fails to leave any relevant premises as mentioned in subsection (1) or (2), an authorised person may—
a
remove the person from the premises, and
b
if necessary for that purpose, use reasonable force.
4
A constable must, if—
a
asked by an authorised person to assist in exercising a power conferred by subsection (3), and
b
the constable reasonably suspects the person to be removed of having refused or failed to leave as mentioned in subsection (1) or (2),
provide the assistance asked for.
5
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
In this section, “authorised person” means, in relation to any relevant premises, any of the following persons, namely—
a
a responsible person, and
b
any other person who—
i
works on the premises, and
ii
is authorised by a responsible person for the purposes of this section.
Miscellaneous offences
I184117Offences relating to sale of alcohol to trade
1
A person who sells alcohol to trade otherwise than from F61licensed premises or premises which are used exclusively for the purpose of the selling of goods (whether solely alcohol or not) to trade commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I185118Prohibition of unauthorised sale of alcohol on moving vehicles
1
A person who F62... sells alcohol on or from a vehicle at a time when the vehicle is not parked (whether permanently or temporarily) commits an offence, unless the selling of alcohol on or from the vehicle at such a time is expressly authorised by a premises licence or occasional licence in respect of the vehicle.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding £20,000,
b
imprisonment for a term not exceeding 3 months, or
c
both.
I186119Delivery of alcohol from vehicles etc.
1
A person who, pursuant to a sale of alcohol by that person, delivers the alcohol from a vehicle or receptacle without the information mentioned in subsection (2) having been entered, before the despatch of the alcohol, in—
a
a day book kept on the premises from which the alcohol is despatched, and
b
a delivery book or invoice carried by the person delivering the alcohol,
commits an offence.
2
The information referred to in subsection (1) is—
a
the quantity, description and price of the alcohol, and
b
the name and address of the person to whom it is to be delivered.
3
A person who carries in a vehicle or receptacle in use for the delivery of alcohol pursuant to a sale of the alcohol by that person any alcohol the quantity, description and price of which was not entered as mentioned in subsection (1) commits an offence.
4
A person who, pursuant to a sale of alcohol, delivers the alcohol to an address not entered as mentioned in subsection (1) commits an offence.
5
A person who refuses to allow a constable or a Licensing Standards Officer to examine—
a
any vehicle or receptacle in use for the delivery of alcohol, or
b
any—
i
day book kept as mentioned in subsection (1)(a), or
ii
delivery book or invoice carried as mentioned in subsection (1)(b),
commits an offence.
6
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
In this section, “alcohol” does not include any alcohol being delivered to a trader for the purposes of that person's trade.
I187120Prohibition of late-night deliveries of alcohol
1
This section applies where alcohol is sold on any relevant premises for consumption off the premises.
2
A responsible person commits an offence if the person F63... delivers the alcohol to any premises (other than licensed premises) between the hours of midnight and 6am.
3
A responsible person who F63... allows the alcohol to be so delivered commits an offence.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I188121Keeping of smuggled goods
1
Any responsible person who F64... keeps or allows to be kept on licensed premises any goods which—
a
have been imported without any duty payable on their importation having been paid, or
b
have otherwise been unlawfully imported,
commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
The court by or before which a person is convicted of an offence under subsection (1) may order the goods in question to be—
a
forfeited, and
b
destroyed or otherwise dealt with in such manner as the court may order.
Interpretation of Part
I204122Interpretation of Part 8
1
This section has effect for the purpose of the interpretation of this Part.
C182
“Relevant premises” means—
a
any licensed premises,
b
any exempt premises on which alcohol is sold, and
c
any premises used for the selling of alcohol to trade.
3
“Responsible person” means, in relation to relevant premises—
a
in the case of licensed premises in respect of which a premises licence has effect, the premises manager,
b
in the case of licensed premises in respect of which an occasional licence has effect, the holder of the licence,
c
in the case of other relevant premises, the person having management and control of the premises, and
d
in any of those cases, any person aged 18 or over who works on the premises in a capacity (whether paid or unpaid) which—
i
authorises the person to sell alcohol, or
ii
in relation to any offence under this Part of allowing something to be done, authorises the person to prevent the doing of the thing.
Part 9Miscellaneous and general
Excluded and exempt premises
I155123Excluded premises
1
No premises licence or occasional licence has effect to authorise the sale of alcohol on excluded premises.
2
For the purposes of this Act, “excluded premises” means—
a
premises on land—
i
acquired or appropriated by a special roads authority, and
ii
for the time being used,
for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class 1 (with or without other classes), and
b
subject to subsection (5), premises used as a garage or which form part of premises which are so used.
3
For the purposes of subsection (2)(a)—
a
“special road” and “special roads authority” have the same meanings as in the Roads (Scotland) Act 1984 (c. 54), and
b
“class 1” means class 1 in Schedule 3 to that Act, as varied from time to time by an order under section 8 of that Act, but, if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in this section to traffic of class 1 so as to take account of the additional class.
4
For the purposes of subsection (2)(b), premises are used as a garage if they are used for one or more of the following—
a
the sale by retail of petrol or derv,
b
the sale of motor vehicles, or
c
the maintenance of motor vehicles.
5
Despite subsection (2)(b), premises used for the sale by retail of petrol or derv or which form part of premises so used are not excluded premises if persons resident in the locality in which the premises are situated are, or are likely to become, reliant to a significant extent on the premises as the principal source of—
a
petrol or derv, or
b
groceries (where the premises are, or are to be, used also for the sale by retail of groceries).
6
The Scottish Ministers may by order amend the definition of “excluded premises” in subsection (2) so as to include or exclude premises of such description as may be specified in the order.
I189124Exempt premises
1
Each of the following are exempt premises for the purposes of this Act—
a
an examination station at an airport designated for the purposes of this section in an order made by the Scottish Ministers,
b
an approved wharf at a port or hoverport so designated,
c
an aircraft, a hovercraft or a railway vehicle while engaged on a journey,
d
a vessel while engaged on—
i
an international journey, or
ii
a journey (other than an international journey) forming part of a ferry service, and
e
premises which are occupied (whether indefinitely or temporarily) for the purposes of the armed forces of the Crown, except while being used for other purposes.
2
The Scottish Ministers may make an order under subsection (1) designating an airport, port or hoverport for the purposes of this section only if it appears to them to be one at which there is a substantial amount of international passenger traffic.
3
For the purpose of subsection (1), the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged in a journey includes—
a
any period ending with its departure when preparations are being made for the journey, and
b
any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).
4
In this section—
“approved wharf” has the meaning given in section 20A of the Customs and Excise Management Act 1979 (c. 2),
“examination station” has the meaning given in section 22A of that Act,
“ferry service” means a service the principal purpose of which is the transport of passengers or goods over water,
“international journey” means a journey with—
- a
a point of departure,
- b
a destination, or
- c
at least one port of call,
outside the United Kingdom, and includes any part of such a journey.
- a
Special provision for certain clubs
I125125Special provisions for certain clubs
1
The provisions of this Act mentioned in subsection (2) do not apply in relation to premises which are used wholly or mainly for the purposes of any club of such description as may be prescribed.
2
Those provisions are—
a
section 7 (assessments of overprovision),
b
section 20(4)(g) (requirement for operating plan to contain information as to the premises manager),
c
section 23(5)(e) (ground of refusal of premises licence application relating to overprovision),
d
section 26(2)(a)(ii) (requirement for name and address of premises manager to be specified in premises licence),
e
section 30(5)(d) (ground of refusal of premises licence variation application relating to overprovision),
f
in schedule 3—
i
paragraph 4 (requirement for there to be a premises manager for licensed premises), and
ii
paragraph 5 (requirement for sales of alcohol under premises licence to be authorised by a personal licence holder), and
g
in schedule 4, paragraph 4 (requirement for sales of alcohol under certain occasional licences to be authorised by a personal licence holder).
3
Different descriptions of clubs may be prescribed under subsection (1) in relation to different provisions specified in subsection (2).
4
The Scottish Ministers may by regulations provide for this Act to apply in relation to—
a
clubs of such descriptions as may be prescribed in the regulations, or
b
premises used wholly or mainly for the purposes of such clubs,
subject to such further modifications as may be so prescribed.
5
Regulations under subsection (1) or (4) may prescribe a description of club by reference to—
a
requirements as to the constitution of the club, including, in particular, requirements as to—
i
membership of the club, and
ii
the rules of the club, and
b
such other factors as the Scottish Ministers consider appropriate.
Vessels, vehicles and moveable structures
I126126Vessels, vehicles and moveable structures
1
A vessel which is not permanently moored or berthed is to be treated for the purposes of this Act as premises situated in the place where it is usually moored or berthed.
2
Where a vehicle or moveable structure which is not permanently situated in any place is, or is to be, used for the sale of alcohol while parked at or set in any place—
a
it is to be treated for the purposes of this Act as premises situated at that place, and
b
each such place at which it is, or is to be, so used is to be treated as separate premises.
3
The following provisions of Part 3 (which relate to the provision of certificates as to planning, building standards and food hygiene and to notifications of applications) do not apply in relation to premises (other than exempt premises) consisting of a vessel, namely—
a
section 20(2)(b)(iii),
b
section 21(1)(a) and (e),
c
section 29(4) (so far as it applies section 21(1)(a) and (e)),
d
section 45(10)(a),
e
section 46(2)(d), and
f
section 50.
4
This Act applies in relation to premises consisting of a vehicle or other moveable structure which is, or is to be, used for the sale of alcohol while not parked or permanently situated in any place (referred to in this section as “moving premises”) subject to the modifications in subsections (5) to (9).
5
Section 18 does not apply and instead, in Part 3 and this section, “appropriate Licensing Board” means in relation to moving premises or a premises licence or occasional licence issued in respect of such premises—
a
the Licensing Board in whose area the premises are used or to be used for the sale of alcohol, or
b
where the premises are used or to be used in the area of more than one Licensing Board—
i
the Board in whose area they are used or to be used to the greater or greatest extent, or
ii
if neither or none of those Boards falls within sub-paragraph (i), such of those Boards as is, in the application for a premises licence or, as the case may be, occasional licence in respect of the premises, nominated as the appropriate Licensing Board in respect of the premises.
6
The following provisions of Part 3 do not apply in relation to moving premises, namely—
a
section 20(2)(b)(iii),
b
section 21(1)(a), (b), and (e),
c
section 29(4) (so far as it applies section 21(1)(a), (b) and (e)),
d
section 45(10)(a),
e
section 46(2)(d), and
f
section 50.
7
Section 21(1) applies in relation to moving premises as if for paragraph (c) there were substituted—
c
the relevant council,
8
References to the locality in which premises are situated are, in relation to moving premises, to be taken as references to the area of the appropriate Licensing Board.
9
For the purposes of Part 4, moving premises are to be treated as premises situated within the area of the appropriate Licensing Board.
10
The Scottish Ministers may by regulations provide for this Act to apply in relation to vessels, vehicles and moveable structures subject to such further modifications as they consider necessary or expedient.
I190127Power to prohibit sale of alcohol on trains
1
A sheriff may—
a
on the application of a senior police officer, and
b
if satisfied that it is necessary to do so to prevent disorder,
make an order under subsection (2).
2
That is an order prohibiting, during such period as may be specified in the order, the sale of alcohol on any railway vehicle—
a
at such station or stations within the sheriff's sheriffdom as may be so specified, or
b
whilst travelling between such stations as may be so specified, at least one of which is in that sheriffdom.
3
An order under subsection (2) has no effect in relation to any railway vehicle unless a copy of it has been given by a senior police officer to the train operator (or each train operator) responsible for the vehicle.
4
A person who F65...—
a
sells or attempts to sell alcohol in breach of an order under subsection (2), or
b
allows the sale of alcohol in breach of such an order,
commits an offence.
5
A person guilty of an offence under subsection (4) is liable on summary conviction to—
a
a fine not exceeding £20,000,
b
imprisonment for a term not exceeding 3 months, or
c
both.
6
In this section—
“station” has the meaning given in section 83 of the Railways Act 1993, and
“train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).
I191128Power to prohibit sale of alcohol on ferries
1
This section applies to any vessel which is exempt premises by virtue of section 124(1)(d)(ii) (vessels engaged in ferry services).
2
A sheriff may—
a
on the application of a senior police officer, and
b
if satisfied that it is necessary to do so to prevent disorder,
make an order under subsection (3).
3
That is an order prohibiting, during such period as may be specified, the sale of alcohol on any vessel to which this section applies while engaged on—
a
any journey to or from a specified place within the sheriff's sheriffdom, or
b
a specified journey to or from such a place.
4
An order under subsection (3) has no effect in relation to any vessel unless a copy of it has been given by a senior police officer to the operator of the vessel.
5
A person who F66...—
a
sells or attempts to sell alcohol in breach of an order under subsection (3), or
b
allows the sale of alcohol in breach of such an order,
commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to—
a
a fine not exceeding £20,000,
b
imprisonment for a term not exceeding 3 months, or
c
both.
7
Subsection (3) of section 124, so far as applying to a vessel, applies for the purposes of subsection (3) of this section as it applies for the purpose of subsection (1) of that section.
8
In this section, “specified” means, in relation to an order under subsection (3), specified in the order.
Relevant and foreign offences
I25129Relevant offences and foreign offences
1
In this Act, “relevant offence” means—
a
such offence, or
b
an offence of such description,
as may be prescribed.
2
In this Act, “foreign offence” means any offence—
a
under the law of any place other than Scotland, and
b
which is similar in nature to any relevant offence.
3
Regulations under subsection (1) may provide, in relation to any offence or description of offence prescribed in them, that a person is to be treated, for the purposes of such provisions of this Act as may be specified in the regulations, as having been convicted of the offence only if the person—
a
accumulates such number of separate convictions for the offence, or
b
is convicted of committing the offence on such number of separate occasions,
as may be so specified.
4
For the purposes of this Act, a conviction for a relevant offence or a foreign offence is to be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).
F765
For the purposes of the provisions of this Act specified in subsection (6), section 247(1) and (2) of the Criminal Procedure (Scotland) Act 1995 (c.46) (convictions deemed not to be convictions where offender placed on probation or discharged absolutely) does not apply to a conviction for a relevant offence.
6
Those provisions are—
a
section 21(4),
b
section 23(6),
c
section 24,
d
section 33(6),
e
sections 41 to 44,
f
section 73(3),
g
section 75,
h
sections 80 to 83,
i
section 89(4) and (5),
j
subsection (3) of this section, and
k
section 130.
I127130Effect of appeal against conviction for relevant or foreign offence
1
The fact that any conviction of any person for a relevant offence or foreign offence is subject to appeal does not affect the taking of any action by a Licensing Board which the Board is entitled or required to take in connection with the conviction by virtue of any provision of this Act.
2
The Licensing Board may, however, postpone the taking of the action for such period as the Board considers appropriate pending the appeal.
3
Where the conviction is overturned on appeal—
a
any action taken by the Licensing Board in reliance on the conviction is to be treated as having no effect, and
b
accordingly, the Licensing Board must take such steps as are necessary to return any applicant or licence holder adversely affected by the action to the position the applicant or licence holder would have been in had the action not been taken.
4
A conviction is subject to appeal for the purposes of subsection (1) if—
a
the period during which an appeal may be taken against the conviction has not yet expired, or
b
an appeal is taken against the conviction and the appeal has not yet been determined.
Appeals
C5I128131Appeals
1
A decision of a Licensing Board specified in the left-hand column of schedule 5 may be appealed by the person specified in the right-hand column of that schedule.
2
An appeal under this section is to be made F67... to—
a
where the decision appealed is specified in Part 1 of schedule 5, the sheriff principal, or
b
where the decision appealed is specified in Part 2 of that schedule, the sheriff,
of the appropriate sheriffdom.
3
The grounds on which a Licensing Board's decision may be appealed under this section are—
a
that, in reaching the decision, the Licensing Board—
i
erred in law,
ii
based their decision on an incorrect material fact,
iii
acted contrary to natural justice, or
iv
exercised their discretion in an unreasonable manner, or
b
where the decision is to take any of the steps mentioned in subsection (4), that the step taken is disproportionate in all the circumstances.
4
Those steps are—
a
at a review hearing in respect of a premise licence—
i
issuing a written warning to the licence holder,
ii
revoking or suspending the licence, or
iii
making a variation of the licence, or
b
making an order revoking, suspending or endorsing a personal licence.
5
Where the sheriff principal or, as the case may be, sheriff upholds an appeal against a Licensing Board's decision under this section, the sheriff principal or sheriff may—
a
remit the case back to the Licensing Board for reconsideration of the decision,
b
reverse the decision, or
c
make, in substitution for the decision, such other decision as the sheriff principal or sheriff considers appropriate, being a decision of such nature as the Licensing Board could have made.
6
In this section, “the appropriate sheriffdom” means the sheriffdom in which the principal office of the Licensing Board whose decision is being appealed is situated.
C6I129132Appeals: supplementary provision
1
A Licensing Board whose decision is appealed under section 131 may be a party to the appeal.
2
In considering the appeal, the sheriff principal or, as the case may be, sheriff may hear evidence.
3
On determining the appeal, the sheriff principal or sheriff may make such ancillary order (including an order as to the expenses of the appeal) as the sheriff principal or sheriff thinks fit.
4
A sheriff principal may authorise, whether generally or specifically, any other sheriff of the sheriff principal's sheriffdom to consider and determine an appeal made to the sheriff principal under section 131(2)(a).
5
In this section and section 131, references to a sheriff principal include references to any sheriff authorised under subsection (4).
6
Any party to an appeal under section 131 may appeal to the Court of Session on a point of law against the sheriff principal's or sheriff's decision on the appeal.
7
A decision of a Licensing Board which is appealed under section 131 continues to have effect despite the appeal, subject to subsection (8).
8
Where an appeal is taken against a decision of a Licensing Board to suspend or revoke a premises licence, the sheriff principal may—
a
on the application of the appellant, and
b
if satisfied on the balance of convenience that it is appropriate to do so,
recall the suspension or revocation pending determination of the appeal.
9
Further provision as to the procedure in any appeal under section 131, including in particular provision as to the times by which such an appeal is to be made or determined, may be prescribed by Act of Sederunt.
Procedures, forms etc.
I130133Hearings
1
Where a Licensing Board is to hold a hearing under any provision of this Act, the hearing must be held at a meeting of the Board.
2
The Scottish Ministers may by regulations make provision as to the procedure to be followed at or in connection with any hearing to be held by a Licensing Board under this Act.
3
Regulations under subsection (2) may, in particular, make provision—
a
for notice of the hearing to be given to such persons as may be prescribed in the regulations,
b
about the rules of evidence which are to apply for the purposes of the hearing,
c
about the representation of any party at the hearing,
d
as to the times by which any step in the procedure must be taken, and
e
as to liability for expenses.
F3303A
Despite subsection (1), where a Licensing Board is required to, or may, hold a hearing under any provision of this Act, the Board may determine that the hearing cannot be held in person, or at a meeting of the Board, because of a reason relating to coronavirus.
3B
Where a Licensing Board determines under subsection (3A) that a hearing cannot be held in person, the Board must comply with subsection (3C) before reaching a decision on the matter which would have been the subject of the hearing.
3C
The Board must give any person who would have been given the opportunity to be heard at the hearing the opportunity to be heard instead by whichever of the following means the person prefers—
a
telephone,
b
written representations, including by means of an electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000),
c
video conference, if the Board has video conference facilities.
3D
Where a Licensing Board gives a person an opportunity to be heard under subsection (3C) by telephone, written representations or video conference, and the holding of the hearing by that means would be inconsistent with a requirement imposed by regulations under this Act, the requirement of the regulations is to be construed as permitting the hearing by that means.
I26134F208Form etc. of applications, proposals, notices and other communications
1
The Scottish Ministers may by regulations prescribe—
a
the form of any application, proposalF216, notice or other communication under this Act,
b
the manner in which it is to be made or given,
c
the time by which it is to be made or given,
d
requirements as to the publicising of the making or giving of the application, proposalF217, notice or other communication,
e
the information to be contained in it (in addition to any required to be contained in it by virtue of any other provision of this Act), and
f
the documents which are to accompany it (in addition to any required to accompany it by virtue of any other provision this Act).
2
Regulations under subsection (1) may provide that any application, proposalF218, notice or other communication made or given under this Act may be treated as not made or given if any requirement prescribed in the regulations in relation to it is not complied with.
134AF10Offence of knowingly making a false statement in an application
1
A person who knowingly makes a false statement in an application under this Act commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I131135Power to relieve failure to comply with rules and other requirements
F3311
A Licensing Board may relieve any applicant or other party to proceedings before the Board of any failure to comply with any procedural provision if—
a
the failure is due to mistake, oversight or other excusable cause, and
b
the Board considers it appropriate in all the circumstance to relieve the failure.
F3311
A Licensing Board may relieve any failure by the Board or by any applicant or other party to proceedings before the Board to comply with any procedural provision if—
a
in the case of a failure by—
i
the Board, the failure is due to an excusable cause and that excusable cause relates to coronavirus,
ii
any applicant or other party to proceedings before the Board, the failure is due to mistake, oversight or other excusable cause, and
b
the Board considers it appropriate in all the circumstances to relieve the failure.
2
Where a Board exercises the power under subsection (1), the Board may make such order as appears necessary or expedient to enable the proceedings to continue as if the failure had not occurred.
3
In subsection (1), “procedural provision” means—
a
any requirement of regulations under—
i
section 133(2),
ii
section 134(1), or
iii
paragraph 12(4) of schedule 1,
b
any requirement of rules under paragraph 12(5) of that schedule, and
c
any other requirement imposed by virtue of this Act as respects the procedure to be followed in connection with applications made to, or other proceedings before, a Licensing Board.
I27136Fees
1
The Scottish Ministers may by regulations make provision for the charging of fees by Licensing Boards—
a
in respect of applications under this Act, and
b
otherwise in respect of the performance of functions by Licensing Boards, councils and Licensing Standards Officers under this Act.
2
Regulations under subsection (1) may, in particular—
a
specify fees or provide for them to be determined by reference to such factors as may be specified in or determined under the regulations,
b
provide for annual or other recurring fees,
c
provide for the remission or repayment of fees in such circumstances as may be specified in or determined under the regulations.
3
Before making any regulations under subsection (1) (other than regulations consolidating other regulations), the Scottish Ministers must consult—
a
such body or bodies as appear to them to be representative of the interests of—
i
Licensing Boards,
ii
councils, and
iii
those likely to be affected by the regulations, and
b
such other persons (if any) as they think appropriate.
4
Where regulations under subsection (1) provide for a fee to be charged in respect of any application made to a Licensing Board under this Act, the Board need not consider the application unless and until the fee is paid.
5
Any fee chargeable by a Licensing Board under any regulations made under subsection (1) is to be paid to the clerk of the Board.
6
The clerk of a Licensing Board must pay any sums received under subsection (5) to the relevant council.
Miscellaneous
I132137Inspection of premises before grant of licence etc.
1
In this section, “relevant proposal or application” means—
a
a premises licence application,
b
a premises licence variation application,
c
a premises licence review proposal or application,
d
an application under section 47(2) for a temporary premises licence,
e
an occasional licence application, or
f
an extended hours application.
2
Any of the persons specified in subsection (3) may, at any reasonable time before the determination of a relevant proposal or application, enter the premises to which the proposal or application relates for the purposes of assessing—
a
in the case of an application such as is mentioned in paragraph (a), (b), (d), (e) or (f) of subsection (1), the likely effect of the grant of the application on the licensing objectives, or
b
in the case of a proposal or application such as is mentioned in paragraph (c) of that subsection, the effect which the selling of alcohol in accordance with the premises licence is having on those objectives.
3
The persons referred to in subsection (2) are—
a
a constable, and
b
a Licensing Standards Officer for the council area in which the premises are situated.
4
A person exercising the power conferred by subsection (2) may if necessary use reasonable force.
5
A person who intentionally obstructs a person exercising the power conferred by subsection (2) commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I192138Police powers of entry
1
A constable may at any time enter and inspect any licensed premises.
2
A constable may—
a
if the condition in subsection (3) is satisfied, and
b
subject to subsection (4),
at any time enter and inspect any premises (other than licensed premises) on which food or drink is sold for consumption on the premises.
3
The condition referred to in subsection (2)(a) is that the constable has reasonable grounds for believing that alcohol is being sold on the premises in breach of section 1(1).
4
A constable below the rank of inspector may exercise the power conferred by subsection (2) only—
a
if the constable has obtained written authority to do so from a justice of the peace or a constable of or above the rank of inspector,
b
within the period of 8 days beginning with the date on which such authority is obtained, and
c
at such time or times as is specified in the authority.
5
A person who intentionally obstructs a constable exercising a power conferred by this section commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I28139Remote sales of alcohol
1
This section applies where, in connection with any sale of alcohol, the premises from which the alcohol is despatched for delivery in pursuance of the sale is not the same as those where the order for the alcohol is taken.
2
Where the premises from which the alcohol is despatched are in Scotland, the sale of the alcohol is, for the purposes of this Act, to be treated as taking place on those premises.
3
The Scottish Ministers may by regulations make such provision as they consider appropriate for the purpose of regulating the taking of orders in Scotland for sales of alcohol in circumstances where—
a
the premises from which the alcohol is despatched for delivery in pursuance of the sales are not in Scotland, but
b
the place to which the alcohol is delivered is in Scotland.
4
Regulations under subsection (3) may, in particular—
a
modify any provision of this Act,
b
apply any such provision with modifications, or
c
disapply any such provision.
I193140Presumption as to liquid contents of containers
1
This section applies for the purpose of any trial in proceedings for an alleged offence under any provision of this Act.
2
Where—
a
liquid is found in a container (whether open or sealed), and
b
there is on the container a description of the liquid contents of the container,
the liquid found is to be presumed to be liquid of that description.
3
Where an open container is found which—
a
contains—
i
no liquid, or
ii
an amount of liquid insufficient to allow analysis of it,
b
was sealed at the time it was sold or supplied, and
c
has on it a description of the liquid contents of the container,
the container is to be presumed to have contained, at the time it was sold or supplied, liquid of that description.
4
At the trial, any party to the proceedings may rebut the presumption mentioned in subsection (2) or (3) by proving that, at the time of its sale or supply, the liquid in the container was not of the description on the container.
5
However, a party may lead evidence for the purpose of rebutting the presumption only if the party has, not less than 7 days before the date of the trial, given notice of the intention to do so to the other parties.
I29141Offences by bodies corporate etc.
1
Where—
a
an offence under this Act has been committed by—
i
a body corporate,
ii
a Scottish partnership, or
iii
an unincorporated association other than a Scottish partnership, and
b
it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
i
a relevant person, or
ii
a person purporting to act in the capacity of a relevant person,
that person, as well as the body corporate, partnership or, as the case may be, unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
In subsection (1), “relevant person” means—
a
in relation to a body corporate other than a council, a director, manager, secretary, member or other similar officer of the body,
b
in relation to a council, an officer or member of the council,
c
in relation to a Scottish partnership, a partner, and
d
in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
141AF119Defence of due diligence for certain offences
1
It is a defence for a person charged with an offence to which this section applies to prove that the person—
a
did not know that the offence was being committed, and
b
exercised all due diligence to prevent the offence being committed.
2
This section applies to an offence under any of the following provisions of this Act—
section 1(3)(b),
section 103(1),
section 106(2),
section 107(1),
section 118(1),
section 120(2) or (3),
section 121(1),
section 127(4),
section 128(5).
141BVicarious liability of premises licence holders and interested parties
1
Subsection (2) applies where, on or in relation to any licensed premises, a person commits an offence to which this section applies while acting as the employee or agent of—
a
the holder of the premises licence, or
b
an interested party.
2
The holder of the premises licence or, as the case may be, the interested party is also guilty of the offence and liable to be proceeded against and punished accordingly.
3
It is a defence for a holder of a premises licence or an interested party charged with an offence to which this section applies by virtue of subsection (2) to prove that the holder of the licence or, as the case may be, the interested party—
a
did not know that the offence was being committed by the employee or agent, and
b
exercised all due diligence to prevent the offence being committed.
4
Proceedings may be taken against the holder of the premises licence or the interested party in respect of the offence whether or not proceedings are also taken against the employee or agent who committed the offence.
5
This section applies to an offence under any of the following provisions of this Act—
section 1(3),
section 15(5),
section 63(1),
section 97(7),
section 102(1),
section 103(1),
section 106(2),
section 107(1),
section 108(2) or (3),
section 113(1),
section 114,
section 115(2),
section 118(1),
section 119(1),
section 120(2),
section 121(1),
section 138(5).
General
I4142Guidance
1
The Scottish Ministers may issue guidance to Licensing Boards as to the exercise of their functions under this Act.
2
The Scottish Ministers may modify any guidance issued by them under subsection (1).
3
Each Licensing Board must, in the exercise of their functions under this Act, have regard to any guidance issued to them under subsection (1).
4
Where a Licensing Board decides not to follow any guidance issued under subsection (1), the Board must give the Scottish Ministers notice of the decision together with a statement of the reasons for it.
5
The first guidance to Licensing Boards under subsection (1) is not to be issued by the Scottish Ministers unless a draft of the guidance has been laid before, and approved by resolution of, the Scottish Parliament.
6
The Scottish Ministers must lay any subsequent guidance issued by them under subsection (1) before the Parliament.
I30143Crown application
1
This Act binds the Crown.
2
No contravention by the Crown of any provision made by virtue of this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
However, any provision made by virtue of this Act applies to persons in the public service of the Crown as it applies to other persons.
I31144Modification of enactments
Schedule 6, which modifies enactments, has effect.
145Ancillary provision
The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in consequence of this Act.
146Orders and regulations
1
Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.
2
Any such power includes power to make—
a
such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
b
different provision for different purposes.
3
An order under section 145 may modify any enactment (including this Act), instrument or document.
4
A statutory instrument containing an order or regulations under this Act except—
a
an order under section 65(4), 123(6)F281, 150(2), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4,
c
where subsection (5) applies, F202regulations under section 9B(5) or an order under section 145,
is subject to annulment in pursuance of a resolution of the Scottish Parliament.
5
No—
F203za
regulations under section 9B(5) containing provisions which add to, replace or omit any part of the text of subsection (3) of that section,
a
order under section 65(4)F282, 123(6), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4,
c
order under section 145 containing provisions which add to, replace or omit any part of the text of an Act,
is to be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, the Parliament.
147Interpretation
1
In this Act—
“alcoholic drink” means a drink consisting of or containing alcohol,
“applicant”, in relation to any application under this Act, means the person making the application,
F183“chief constable” means the chief constable of the Police Service of Scotland,
“area” means—
- a
in relation to a council, the local government area for which the council is constituted,
- b
in relation to a Licensing Board or Local Licensing Forum, the council area or, as the case may be, licensing division for which the Board or Forum is established,
- a
“capacity”, in relation to licensed premises, means—
- a
in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption on the premises (or, as the case may be, that part), the maximum number of customers which can be accommodated in the premises (or, as the case may be, that part) at any one time, and
- b
in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption off the premises (or, as the case may be, that part), the amount of space in the premises (or, as the case may be, that part) given over to the display of alcohol for sale,
- a
“child” means a person under the age of 16,
“community council” has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65),
F332“coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020,
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
F105 “Health Board” means a board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29);
“licensed premises” means premises in respect of which a premises licence or occasional licence has effect,
“liqueur confectionery” means confectionery which—
- a
contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogramme of the confectionery, and
- b
either consists of separate pieces weighing not more than 50 grammes or is designed to be broken into such pieces for the purposes of consumption,
- a
“premises” means any place and includes a vehicle, vessel or moveable structure,
“prescribed” means prescribed by regulations made by the Scottish Ministers,
“railway vehicle” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c. 43) that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act),
“relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council—
- a
for whose area the Board or Forum is established, or
- b
in the case of a Board or Forum established for a licensing division, for the area of which the division forms part,
- a
F105 “relevant health board”, in relation to a Licensing Board, means—
- a
the Health Board for the Licensing Board's area, or
- b
if the Licensing Board's area forms part of the area of more than one Health Board, each such Health Board;
- a
“sell”, in relation to alcohol, includes barter and expose to or offer for sale, and related expressions such as “sale” are to be construed accordingly,
“senior police officer” means a constable of or above the rank of superintendent,
“strength”, in relation to alcohol, is to be determined in accordance with section 2 of the Alcoholic Liquor Duties Act 1979 (c. 4),
“subject premises” means, in relation to any application under this Act, the premises to which the application relates,
“vehicle” means a vehicle intended or adapted for use on roads,
“vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water,
“young person” means a person aged 16 or 17.
2
In this Act, references to selling alcohol or other goods to trade are references to selling the alcohol or goods to a person for the purposes of the person's trade; and related expressions are to be construed accordingly.
3
For the purposes of this Act, a person is, in relation to a partnership, a company, a club or other body (whether incorporated or unincorporated), a connected person if the person—
a
in the case of a partnership, is a partner,
b
in the case of a company—
i
is a director, or
ii
has control of the company,
c
in the case of a club, is an office bearer of the club,
d
in any other case, is concerned in the management or control of the body.
4
For the purposes of subsection (3)(b)(ii) and this subsection, a person is taken to have control of a company if—
a
any of the directors of the company, or of any other company having control of the company, is accustomed to act in accordance with the person's directions or instructions, or
b
the person is entitled to exercise, or to control the exercise of, at least one third of the voting power at any general meeting of the company or of any other company having control of the company.
F3345
For the purposes of this Act, a person is an interested party in relation to licensed premises if the person is not the holder of the premises licence F335... in respect of the premises but—
a
has an interest in the premises as an owner or tenant, or
b
has management and control over the premises or the business carried on on the premises.
148Index of defined expressions
The expressions in the left-hand column of the table are defined or otherwise explained by the provisions of this Act specified in the right-hand column.
Expression | Interpretation provision |
|---|---|
alcohol | section 2 |
alcoholic drink | section 147(1) |
applicant | section 147(1) |
F184chief constable | section 147(1) |
area | section 147(1) |
capacity (in relation to licensed premises) | section 147(1) |
certified copy (of premises licence or summary) | section 55 |
child | section 147(1) |
closure order | section 97(3) |
community council | section 147(1) |
connected person | section 147(3) |
council | section 147(1) |
F124. . . | F124. . . |
emergency closure order | section 97(4) |
excluded premises | section 123(2) |
exclusion order | section 94(6) |
exempt premises | section 124 |
expiry date (of a personal licence) | section 77(7) |
extended hours application | section 68(3) |
foreign offence | section 129(2) |
section 147(5) | |
layout plan | section 20(2)(b)(ii) |
licensed hours | section 62(1) |
licensed premises | section 147(1) |
licensing objectives | section 4(1) |
licensing policy statement | section 6(1) |
licensing qualification | section 91(1) |
licensing register | section 9(1) |
liqueur confectionery | section 147(1) |
locality | section 7(2) |
operating plan | section 20(4) |
occasional licence | section 56(1) |
occasional licence application | section 56(4) |
off-sales hours | section 62(2)(a)(ii) |
on-sales hours | section 62(2)(a)(i) |
personal licence | section 71 |
personal licence application | section 72(2) |
personal licence renewal application | section 78(4) |
premises | section 147(1) |
premises licence | section 17 |
premises licence application | section 20(3) |
premises licence review application | section 36(2) |
premises licence review proposal | section 37(2) |
premises licence variation application | section 29(3) |
premises manager | section 19(1) |
prescribed | section 147(1) |
provisional premises licence | section 45(5) |
provisional premises licence application | section 45(2) |
railway vehicle | section 147(1) |
relevant council | section 147(1) |
F106relevant health board | section 147(1) |
relevant offence | section 129(1) |
review hearing | section 38(2) |
sell (and related expressions) | section 147(1) |
selling to trade | section 147(2) |
senior police officer | section 147(1) |
strength (of alcohol) | section 147(1) |
subject premises | section 147(1) |
supplementary licensing policy statement | section 6(2) |
temporary premises licence | section 47(4) |
variation (of a premises licence) | section 29(5) |
minor variation (of such a licence) | section 29(6) |
vehicle | section 147(1) |
vessel | section 147(1) |
young person | section 147(1) |
I2I34I133I203149Repeals
The enactments mentioned in the first column in schedule 7 are repealed to the extent specified in the second column.
150Short title and commencement
1
This Act may be cited as the Licensing (Scotland) Act 2005.
2
This Act (other than this section and sections 145 to 148) comes into force on such day as the Scottish Ministers may by order appoint.
SCHEDULE 1Licensing Boards
Membership
I361
1
A Licensing Board is to consist of such number (being not fewer than 5 and not more than 10) of members as may be determined by the relevant council.
2
The members of a Licensing Board are to be elected by the relevant council from among their councillors.
3
In the case of a Licensing Board for a licensing division, not less than one third of the total number of members of the Board must be councillors for wards within the division.
Election of members
I372
1
Each council must, at their first meeting after each ordinary election of the council, hold an election of members to—
a
the Licensing Board for the council's area, or
b
if that area is divided into licensing divisions, each of the Licensing Boards for those divisions.
2
Where a council makes a determination under section 5(2) to divide their area into divisions, the council must—
a
at the meeting at which that determination is made, or
b
at the first meeting of the council after that meeting,
hold an election of members to the Licensing Board for each division.
3
Where, under section 5(4), a council revokes a determination dividing their area into divisions, the council must—
a
at the meeting at which the determination is revoked, or
b
at the first meeting of the council after that meeting,
hold an election of members to the single Licensing Board for the council's area.
4
Where there is a vacancy in the membership of a Licensing Board, the relevant council must, at their first meeting after the vacancy arises, hold an election to fill the vacancy.
Disqualification from membership
I383
1
A councillor is disqualified from election as, and from being, a member of a Licensing Board if the councillor is—
a
a premises licence holder,
b
an employee of a premises licence holder and works as such in licensed premises,
c
whether alone or in partnership with another person, engaged in the business of producing or selling alcohol,
d
a director or other officer of a company so engaged, or
e
an employee of any person so engaged and works as such in that business.
2
A councillor who knowingly acts or purports to act as a member of a Licensing Board at a time when the councillor is disqualified from being such a member by virtue of sub-paragraph (1) commits an offence.
3
A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Tenure of office etc.
I394
1
A member of a Licensing Board—
a
holds office as such, subject to the following provisions of this paragraph and to paragraph 11(4), during the period—
i
beginning on the day after the member's election, and
ii
ending on the day on which the next election of members of the Board is held in accordance with paragraph 2(1),
b
is eligible for re-election as a member,
c
may, at any time, resign by giving notice to the clerk of the Board, and
d
ceases to hold office—
i
on ceasing to be a councillor of the relevant council, or
ii
on becoming disqualified from being a member of a Licensing Board.
2
The clerk must give the relevant council a copy of any notice received under sub-paragraph (1)(c).
Removal of members from office
I405
The relevant council may remove a member from office if the member is unfit by reason of mental or physical inability.
Convener
I416
1
A Licensing Board must, at their first meeting after each election of members of the Board held in accordance with paragraph 2(1), (2) or (3), elect one of their members as convener of the Board.
2
Where there is a vacancy in the office of convener, the Board must, at their first meeting after the vacancy arises, elect one of their members to fill the vacancy.
3
The convener of a Licensing Board—
a
holds office as such for the period—
i
beginning on the day after the convener's election, and
ii
ending with the day on which the next election of a convener is held in accordance with sub-paragraph (1),
b
is eligible for re-election as convener of the Board,
c
may, at any time, resign by giving notice to the clerk of the Board, and
d
ceases to hold office on ceasing to be a member of the Board.
4
The clerk must give the relevant council a copy of any notice received under sub-paragraph (3)(c).
5
If the convener is for any reason unable to chair any meeting of the Board, the Board must, at the meeting, elect another of their members to chair that meeting.
6
If, at any meeting of the Board, there is an equality in the votes of members on any matter, the member chairing the meeting has a casting vote.
Removal of convener
I427
1
The convener of a Licensing Board may be removed from office by the Board.
2
A decision of a Board to remove the convener is valid only if the number of members voting in favour of the decision exceeds one half of the total number of members of the Board.
Administrative support
I438
1
In relation to each Licensing Board, the relevant council must—
a
appoint, on such terms and conditions as they may determine, a clerk of the Board, and
b
provide the Board and the clerk, or ensure they are provided, with such other staff, property and services as are required for their purposes.
2
A clerk appointed under sub-paragraph (1)(a) must be an advocate or solicitor.
Committees
I449
A Licensing Board may establish committees for or in connection with the exercise of any of their functions.
Delegation of functions
I4510
1
A Licensing Board may authorise (whether generally or specifically)—
a
any member of the Board,
b
any committee established by the Board,
c
the clerk of the Board, or
d
any member of staff provided under paragraph 8(1)(b),
to exercise on behalf of the Board any of the Board's functions under this Act, other than the functions mentioned in sub-paragraph (2).
F3171A
If a Licensing Board considers it necessary for a reason relating to coronavirus, the Board may authorise (whether generally or specifically) any committee established by the Board, and consisting of no fewer than 3 members, to exercise on behalf of the Board any of the functions mentioned in sub-paragraph (2).
2
Those functions are—
a
determining the Board's policy for the purposes of a licensing policy statement or supplementary licensing policy statement,
b
determining, for the purposes of any such statement, whether there is overprovision of licensed premises, or licensed premises of any particular description, in any locality,
c
determining a premises licence application,
d
determining a premises licence variation application where the variation sought is not a minor variation,
e
determining an application for the transfer of a premises licence where the applicant has been convicted of a relevant offence or a foreign offence,
f
determining—
i
a personal licence application, or
ii
a personal licence renewal application,
where the applicant has been convicted of a relevant offence or a foreign offence,
g
conducting a hearing under this Act (including taking any of the steps mentioned in sub-paragraph (3) at, or as result of, the hearing),
h
making a closure order,
i
refusing an application for confirmation of a provisional premises licence.
F3182A
For the purposes of sub-paragraph (2)(g), “hearing” includes giving persons an opportunity to be heard in accordance with section 133(3C).
3
The steps referred in sub-paragraph (2)(g) are—
a
at a review hearing in respect of a premises licence—
i
issuing a written warning to the licence holder,
ii
revoking or suspending the licence, or
iii
making a variation of the licence, or
b
making an order revoking, suspending or endorsing a personal licence.
4
A Licensing Board may, under sub-paragraph (1), delegate to the clerk of the Board F107 or to a member of staff provided under paragraph 8(1)(b) the function of granting an occasional licence application only where there is no notice of objection or representations in relation to the application F68....
Training of members
I4611
1
Each member of a Licensing Board must, no later than one month after the expiry of each 3 month period, produce to the clerk of the Board evidence that the member has, during the period, complied with such requirements as to the training of members of Licensing Boards as may be prescribed.
2
In sub-paragraph (1), “3 month period” means, in relation to a member of a Licensing Board—
a
the period of 3 months beginning on the day on which the member is elected, and
b
if the member is re-elected, the period of 3 months beginning with the day on which the member is re-elected.
F3192A
Sub-paragraph (2B) applies if, for a reason relating to coronavirus, a member of a Licensing Board cannot produce to the clerk of the Board evidence of having complied with the requirements mentioned in sub-paragraph (1) within the period mentioned in sub-paragraph (1).
2B
The member must, no later than one month after the expiry of each 9 month period, produce to the clerk evidence that the member has, during the period, complied with the requirements mentioned in sub-paragraph (1).
2C
In sub-paragraph (2B), “9 month period” means, in relation to a member of a Licensing Board—
a
the period of 9 months beginning on the day on which the member is elected, and
b
if the member is re-elected, the period of 9 months beginning with the day on which the member is re-elected.
C13
A member of a Licensing Board must not take part in any proceedings of the Board until the member has produced the evidence required by sub-paragraph (1).
F3203A
Where sub-paragraph (2B) applies in relation to a member of a Licensing Board—
a
sub-paragraph (3) does not apply to the member,
b
the member must not take part in any proceedings of the Board until the clerk of the Board has briefed the member (in person or otherwise) about—
i
the role of a member of the Board,
ii
decision-making by public authorities, and
iii
the different licences governed by this Act.
4
If a member of a Licensing Board fails to comply with sub-paragraph (1), the member ceases to hold office as a member of the Board.
5
Regulations under sub-paragraph (1) prescribing training requirements may, in particular—
a
provide for accreditation by the Scottish Ministers of—
i
courses of training, and
ii
persons providing such courses,
for the purposes of the regulations,
b
prescribe different requirements in relation to different descriptions of members, and
c
require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.
Proceedings
I4712
1
2
Subject to sub-paragraph (3), meetings of a Licensing Board must be held in public F322unless the Board determines that a meeting cannot be held in public for a reason relating to coronavirus.
3
The members of a Licensing Board may, before the Board decides any matter, conduct their deliberations on the matter in private.
4
The Scottish Ministers may by regulations make further provision about the proceedings of Licensing Boards including, in particular, provision as to—
a
the times by which applications to a Board under this Act, and other business to be considered by a Board, are to be determined or considered,
b
the publicising of meetings of a Board, and
c
public access to any agenda and record of, and other information concerning, a meeting of a Board.
5
Subject to—
a
the other provisions of this paragraph, and
b
any regulations made under sub-paragraph (4),
the arrangements for meetings of a Licensing Board, and other matters relating to proceedings of the Board, are to be such as the Board may by rules provide.
6
A Licensing Board must ensure that any rules made by them under sub-paragraph (5) are published.
Validity of proceedings
I4813
The proceedings of a Licensing Board are not affected by—
a
any vacancy in the membership of the Board,
b
any defect in the election of any member of the Board, or
c
the disqualification of any councillor from being a member of the Board.
Transitional and transitory provision
I4914
1
Until the end of the day of the first election of members of a Licensing Board in accordance with paragraph 2(1), the members of the Board are to continue to be those who were, immediately before the coming into force of section 5, the members of the Board established under section 1 of the Licensing (Scotland) Act 1976 (c. 66) for the same area or, as the case may be, division.
2
Paragraph 4(1)(a) does not apply to a person who is a member of a Licensing Board by virtue of sub-paragraph (1) of this paragraph.
3
In the application of paragraph 11 to such a person—
a
sub-paragraph (1) has effect as if for “each 3 month period” there were substituted “
such period as the Scottish Ministers may direct
”
, and
b
sub-paragraph (2) is treated as if it were omitted.
SCHEDULE 2Local Licensing Forums
Introductory
I501
In this schedule, “Forum” means a Local Licensing Forum established under section 10.
Membership
I512
1
A Forum is to consist of such number (being not fewer than 5 and not more than F7721) of members as the relevant council may determine.
2
The Scottish Ministers may by order substitute another number for the minimum or maximum number of members for the time being specified in sub-paragraph (1).
C23
At least one of the members must be a Licensing Standards Officer for the council's area.
F1083A
At least one of the members must be a person nominated by—
a
the Health Board for the Forum's area, or
b
if the Forum's area forms part of the area of more than one Health Board, the Health Board whose area contains the larger or, as the case may be, largest part of the Forum's area.
4
The other members are to be individuals appointed by the relevant council on such terms and conditions as the relevant council may determine.
5
In appointing members of a Forum, the relevant council must seek to ensure so far as possible that the membership of the Forum is representative of the interests of persons or descriptions of persons who have an interest which is relevant to the Forum's general functions.
6
Those persons include—
a
holders of premises licences and personal licences,
F172ba
the chief constable,
c
persons having functions relating to health, education or social work,
d
young people,
e
persons resident within the Forum's area.
Convener
I523
1
At their first meeting in each calendar year, a Forum must elect one of the members of the Forum to be the convener of the Forum.
2
The convener holds office, on such terms and conditions as the relevant council may determine, until the next election under sub-paragraph (1).
3
Meetings of the Forum are to be chaired by the convener.
4
If the office of convener is vacant or the convener is for any reason unable to act, a meeting of the Forum may be chaired by any other member present.
Administrative support
I534
A council must provide each Forum established by them, or ensure each such Forum is provided, with such staff, property and services as the council considers are required for the Forum's purposes.
Meetings and proceedings
I545
C31
Each Forum must, in each calendar year, hold at least 4 meetings.
2
The quorum for a meeting of a Forum is one half of the number of members (but in any case not fewer than 3).
3
Meetings of a Forum must be held in public F333unless the Forum determines that a meeting cannot be held in public for a reason relating to coronavirus.
4
Otherwise, the arrangements for meetings of a Forum and other matters relating to proceedings of the Forum, are to be such as the Forum may determine.
5
The proceedings of a Forum are not affected by—
a
any vacancy in the membership of the Forum, or
b
any defect in the appointment of a member of the Forum.
SCHEDULE 3Premises licences: mandatory conditions
Interpretation
I1351
In this schedule, “the premises” means, in relation to any premises licence, the premises specified in the licence.
Compliance with the operating plan
I1362
1
Alcohol is to be sold on the premises only in accordance with the operating plan contained in the licence.
2
Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).
I1373
F3241
Any other activity to be carried on in the premises is to be carried on only in accordance with the operating plan contained in the licence.
F3232
If food is sold on the premises but the operating plan contained in the licence does not contain an express term to the effect that food may be taken away, or delivered, from the premises for consumption off the premises, a term to that effect is to be implied into the operating plan.
The premises manager
I1384
1
Alcohol is not to be sold on the premises at any time when—
a
there is no premises manager in respect of the premises,
b
the premises manager does not hold a personal licence,
c
the personal licence held by the premises manager is suspended, or
d
the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises.
2
In sub-paragraph (1), “appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d).
3
Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises manager to be present on the premises at the time any sale of alcohol is made.
Authorisation of sales of alcohol
I1395
Every sale of alcohol made on the premises must be authorised (whether generally or specifically) by—
a
the premises manager, or
b
another person who holds a personal licence.
Training of staff
I1406
1
No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph.
2
That is a capacity (whether paid or unpaid) which involves the person—
a
making sales of alcohol, or
b
where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person.
F32A
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
Regulations under sub-paragraph (1) prescribing training requirements may, in particular—
a
provide for the accreditation by the Scottish Ministers of—
i
courses of training, and
ii
persons providing such courses,
for the purposes of the regulations,
b
prescribe different training requirements in relation to different descriptions of persons,
c
require that any person providing training or any particular description of training in accordance with the regulations hold a personal licence or such other qualification as may be prescribed in the regulations, and
d
require training to be undergone again at such intervals as may be prescribed in the regulations.
F2796A
1
Alcohol must not be sold on the premises at a price below its minimum price.
2
Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.
3
The minimum price of alcohol is to be calculated according to the following formula—
where—
MPU is the minimum price per unit,
S is the strength of the alcohol, and
V is the volume of the alcohol in litres.
4
The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).
5
For the purposes of sub-paragraph (3), where—
a
the alcohol is contained in a bottle or other container, and
b
the bottle or other container is marked or labelled in accordance with relevant labelling provisions,
the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.
6
The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).
F796B
1
A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.
2
Sub-paragraph (1) applies—
a
only where each of the alcoholic products is for sale on the premises separately, and
b
regardless of whether or not the package also contains any item which is not an alcoholic product.
3
In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale.
Pricing of alcohol
I1417
Where the price at which any alcohol sold on the premises F109for consumption on the premises is varied—
a
the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
b
no further variation of the price at which that or any other alcohol is sold on the premises F109for consumption on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
F807A
Where the price at which any alcohol sold on the premises for consumption off the premises is varied—
a
the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and
b
no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
Irresponsible drinks promotions
I1428
1
An irresponsible drinks promotion must not be carried on in or in connection with the premises.
2
Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—
a
relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,
b
involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),
c
involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,
d
involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),
e
encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,
f
is based on the strength of any alcohol,
g
rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or
h
offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
3
Paragraphs F110(c) to (e) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
4
The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—
a
add further descriptions of drinks promotions,
b
modify any of the descriptions of drinks promotions for the time being listed in it, or
c
extend or restrict the application of any of those descriptions of drinks promotions.
5
In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.
Provision of non-alcoholic drinks
I1439
1
The conditions specified in this paragraph apply only to the extent that the premises licence authorises the sale of alcohol for consumption on the premises.
2
Tap water fit for drinking must be provided free of charge on request.
3
Other non-alcoholic drinks must be available for purchase at a reasonable price.
F84Age verification policy
Sch. 3 para. 9A and cross-heading inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 6(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
9A
1
There must be an age verification policy in relation to the sale of alcohol on the premises.
2
An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).
3
The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.
Payment of annual or recurring fees
I14410
1
The condition specified in sub-paragraph (2) applies only in relation to a premises licence in respect of which an annual or other recurring fee is to be paid by virtue of regulations under section 136(1).
2
The fee must be paid as required by the regulations.
F1Notices – admission of persons under 18
Sch. 3 paras. 11, 12 and cross-headings inserted (1.2.2008) by Licensing (Mandatory Conditions) (Scotland) Regulations 2007 (S.S.I. 2007/457), regs. 1, 2
11
1
The condition specified in this paragraph applies only in the case of premises on which alcohol is sold for consumption on the premises.
2
There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which–
a
states that persons under the age of 18 are not permitted on the premises; or
b
states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign.
F1Baby changing facilities
12
1
The condition specified in this paragraph applies only in the case of premises–
a
which are not–
i
a vehicle;
ii
a vessel;
iii
a moveable structure; or
iv
used wholly or mainly for the purposes referred to in section 125(1);
b
on which alcohol is sold for consumption on the premises; and
c
to which children under the age of 5 are to be admitted.
2
There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.
F2Display F116, or promotion of the sale, of alcohol for consumption off the premises
Sch. 3 para. 13 and cross-heading inserted (1.2.2008) by Licensing (Mandatory Conditions No.2) (Scotland) Regulations 2007 (S.S.I. 2007/546), regs. 1(1), 3
Words in Sch. 3 para. 13 crossheading added (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
13
1
F5Subject to sub-paragraph (3), 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.
F1111A
Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.
1B
Any drinks promotion on the premises may take place only in any one or more of the following—
a
an area referred to in sub-paragraph (1)(a) and (b),
b
a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.
1C
A drinks promotion in connection with the premises may not take place in the vicinity of the premises.
1D
For the purposes of sub-paragraph (1C), the “vicinity” means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).
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; F114 ...
b
packaged with, and may be purchased only along with, alcohol
F115c
a branded non-alcoholic product, or
d
a newspaper, magazine or other publication.
F1122A
Sub-paragraph (2) is without prejudice to sub-paragraph (1B).
F43
This paragraph does not apply in respect of premises—
a
whose main function is to provide a visitor attraction, and
b
where—
i
the premises form part of a larger site which is used principally for the production of alcoholic drinks, or
ii
the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink.
F1134
In this paragraph—
“branded non-alcoholic product” means a product which does not consist of or contain alcohol and which—
- a
bears a name or image of, or
- b
is an image of,
an alcoholic product (namely, a product consisting of or containing alcohol),
- a
“drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is—
- a
a branded non-alcoholic product for sale on the premises, or
- b
a newspaper, magazine or other publication—
- i
for sale on the premises, or
- ii
if not for sale on the premises, which does not relate only or primarily to alcohol.
- i
- a
SCHEDULE 4Occasional licences: mandatory conditions
Interpretation
I1451
In this schedule, “the premises” means, in relation to any occasional licence, the premises specified in the licence.
Compliance with licence
I1462
1
Alcohol may be sold on the premises only in accordance with the terms of the licence.
2
Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).
I1473
Any other activity to be carried on in the premises may be carried on only in accordance with the description of the activity contained in the licence.
Authorisation of sales of alcohol
I1484
1
The condition specified in sub-paragraph (2) applies only to an occasional licence issued to the holder of a premises licence or personal licence.
2
Every sale of alcohol made on the premises to which the licence relates must be authorised (whether generally or specifically) by the holder of a personal licence.
Voluntary organisations
I1495
1
The condition specified in sub-paragraph (2) applies only to an occasional licence issued to a representative of a voluntary organisation.
2
Alcohol may be sold on the premises only at an event taking place on the premises in connection with the voluntary organisation's activities.
F2805A
1
Alcohol must not be sold on the premises at a price below its minimum price.
2
Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.
3
The minimum price of alcohol is to be calculated according to the following formula—
where—
MPU is the minimum price per unit,
S is the strength of the alcohol, and
V is the volume of the alcohol in litres.
4
The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).
5
For the purposes of sub-paragraph (3), where—
a
the alcohol is contained in a bottle or other container, and
b
the bottle or other container is marked or labelled in accordance with relevant labelling provisions,
the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.
6
The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).
F815B
1
A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.
2
Sub-paragraph (1) applies—
a
only where each of the alcoholic products is for sale on the premises separately, and
b
regardless of whether or not the package also contains any item which is not an alcoholic product.
3
In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale.
Pricing of alcohol
I1506
Where the price at which any alcohol sold on the premises F117for consumption on the premises is varied—
a
the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
b
no further variation of the price at which that or any other alcohol is sold on the premises F117for consumption on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
F826A
Where the price at which any alcohol sold on the premises for consumption off the premises is varied—
a
the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and
b
no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
Irresponsible drinks promotions
I1517
1
An irresponsible drinks promotion must not be carried on in or in connection with the premises.
2
Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—
a
relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,
b
involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),
c
involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,
d
involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),
e
encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,
f
is based on the strength of any alcohol,
g
rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or
h
offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
3
Paragraphs F118(c) to (e) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
4
The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—
a
add further descriptions of drinks promotions,
b
modify any of the descriptions of drinks promotions for the time being listed in it, or
c
extend or restrict the application of any of those descriptions of drinks promotions.
5
In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.
Provision of non-alcoholic drinks
I1528
1
The conditions specified in this paragraph apply only to the extent that the occasional licence authorises the sale of alcohol for consumption on the premises.
2
Tap water fit for drinking must be provided free of charge on request.
3
Other non-alcoholic drinks must be available for purchase at a reasonable price.
F83Age verification policy
Sch. 4 para. 9 and cross-heading inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 6(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
9
1
There must be an age verification policy in relation to the sale of alcohol on the premises.
2
An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“ the customer ”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).
3
The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.
SCHEDULE 5Appeals
I153Part 1Appeals to the sheriff principal
Sch. 5 Pt. 1 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Words in sch. 5 Pt. 1 inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(7), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
Decision | Persons who can appeal |
|---|---|
A decision to refuse a premises licence application | The applicant |
A decision to refuse a premises licence variation application | The applicant |
A decision to refuse an application under section 33(1) or 34(1) for transfer of a premises licence | The applicant |
A decision to refuse an application under section 35(1) for a variation of a premises licence | The applicant |
A decision under section 39(1) F211or (2A) to issue a written warning to a premises licence holder, to make a variation of a premises licence, or to suspend or revoke such a licence | The premises licence holder or, where the decision is taken in connection with a premises licence review application, the applicant |
A decision to refuse an application under section 40 to revoke a variation or suspension of a premises licence | The applicant |
A decision to refuse an application under section 45(7) to extend the provisional period in relation to a provisional premises licence | The applicant |
A decision to refuse an application under section 46(4) to confirm a provisional premises licence | The applicant |
A decision to refuse an application under section 47(2) to issue a premises licence for temporary premises | The applicant |
A decision to refuse an application under section 47(6) to extend the period for which a temporary premises licence has effect | The applicant |
A decision to refuse an occasional licence application | The applicant |
A decision to grant an occasional licence application | Any person who has given a notice of objection under section 58(1) |
A decision to refuse an extended hours application | The applicant |
I154Part 2Appeals to the sheriff
Sch. 5 Pt. 2 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Words in sch. 5 Pt. 2 substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 47(3), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
Words in sch. 5 Pt. 2 substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(4), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
SCHEDULE 6Modification of enactments
Children and Young Persons Act 1963 (c. 37)
I1941
In section 37(2)(b)(ii)
(restriction on persons under 16 taking part in public performances within licensed premises) of the Children and Young Persons Act 1963, for “1976) or in respect of which a club is registered under that Act” substitute “
2005 (asp 16))
”
.
Countryside (Scotland) Act 1967 (c. 86)
I1952
In section 78(1)
(interpretation) of the Countryside (Scotland) Act 1967, in the definition of “refreshments”, for “alcoholic liquor within the meaning of the Licensing (Scotland) Act 1976” substitute “
alcohol within the meaning of section 2 of the Licensing (Scotland) Act 2005 (asp 16)
”
.
New Towns (Scotland) Act 1968 (c. 16)
I1963
1
The New Towns (Scotland) Act 1968 is amended as follows.
2
In section 18(2)
(disposal of land by development corporations), in the proviso, for “alcoholic liquor” substitute “
alcohol
”
.
3
In section 47(1) (interpretation), for the definition of “alcoholic liquor”, substitute the following definition—
“alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 16);
Water (Scotland) Act 1980 (c. 45)
I1974
In section 50(1)(b)
(power to require supply by meter to certain premises) of the Water (Scotland) Act 1980, for “1976” substitute “
2005 (asp 16)
”
.
Local Government, Planning and Land Act 1980 (c. 65)
I1985
In section 146 (disposal of land by urban development corporation) of the Local Government, Planning and Land Act 1980, for subsection (6) substitute—
6
In this section, “alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 16).
Civic Government (Scotland) Act 1982 (c. 45)
I1996
1
The Civic Government (Scotland) Act 1982 is amended as follows.
2
In section 41(2)(f) (exclusion of licensed premises from definition of place of public entertainment)—
a
for “1976” substitute “
2005 (asp 16)
”
, and
b
for “the permitted” substitute “
licensed
”
.
3
In section 42(4)(a)
(late hours catering licence not required in respect of licensed premises), for “1976” substitute “
2005 (asp 16)
”
.
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
I2007
1
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
2
In section 22 (presumption as to contents of container), for “Section 127 of the Licensing (Scotland) Act 1976 (presumption as to contents of container)” substitute “
Section 140 of the Licensing (Scotland) Act 2005 (asp 16)
(presumption as to liquid contents of containers)
”
.
3
In section 23 (interpretation of Part II), for the definition of “alcohol”, substitute the following definition—
“alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16);
Crime and Punishment (Scotland) Act 1997 (c. 48)
I2018
1
Section 61 (confiscation of alcohol from persons under 18) of the Crime and Punishment (Scotland) Act 1997 is amended as follows.
2
In subsection (1)—
a
in paragraph (b), for “alcoholic liquor, within the meaning of the Licensing (Scotland) Act 1976” substitute “
alcohol
”
, and
b
for “that liquor” substitute “
the alcohol
”
.
3
In subsection (2), for—
a
“alcoholic liquor”, and
b
“liquor” in each place where that word appears,
substitute “
alcohol
”
.
4
In subsection (6), for “1976” substitute “
2005 (asp 16)
”
.
5
After subsection (6) insert—
7
In this section, “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).
Scottish Public Services Ombudsman Act 2002 (asp 11)
I329
In paragraph 10 of Part 1 of schedule 2 (authorities not amendable by Order in Council) to the Scottish Public Services Ombudsman Act 2002, for “within the meaning of the Licensing (Scotland) Act 1976 (c. 66)” substitute “
continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)
”
.
Freedom of Information (Scotland) Act 2002 (asp 13)
I3310
In paragraph 23 of Part 3 of schedule 1 (local government) to the Freedom of Information (Scotland) Act 2002, for “constituted in accordance with the provisions of section 1 of the Licensing (Scotland) Act 1976 (c. 66)” substitute “
continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)
”
.
I3I35I134I202SCHEDULE 7Repeals
Sch. 7 in force at 1.6.2006 for specified purposes by S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6)
Sch. 7 in force at 1.5.2007 for specified purposes by S.S.I. 2007/129, art. 3, Sch.
Sch. 7 in force at 1.2.2008 for specified purposes by S.S.I. 2007/472, art. 2, Sch. 1, 2
Sch. 7 in force at 1.9.2009 at 5.00 a.m. in so far as not already in force by S.S.I. 2007/472, art. 3
Enactment | Extent of repeal |
|---|---|
The Revenue Act 1889 (c. 42) | Section 26 |
The Children and Young Persons (Scotland) Act 1937 (c. 37) | Section 16 |
The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c. 48) | The whole Act |
The Finance Act 1970 (c. 24) | Section 6 |
The Local Government (Scotland) Act 1973 (c. 65) | Paragraph 36 of Schedule 24 Paragraph 17 of Schedule 25 |
The Licensing (Scotland) Act 1976 (c. 66) | The whole Act |
The Alcoholic Liquor Duties Act 1979 (c. 4) | Section 77(6) |
The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) | The whole Act |
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) | Section 21 Paragraphs 9 to 11 of Schedule 2 |
The Local Government, Planning and Land Act 1980 (c. 65) | In section 146(3), the words “or alcoholic liquor” |
The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23) | Paragraphs 4 and 5 of Schedule 2 |
The Roads (Scotland) Act 1984 (c. 54) | Paragraph 77 of Schedule 9 |
The Transport Act 1985 (c. 67) | Paragraph 18 of Schedule 7 |
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) | Section 53 |
The Housing (Scotland) Act 1987 (c. 26) | Subsection (3) of section 5 |
The Food Safety Act 1990 (c. 16) | Paragraph 19 of Schedule 3 |
The Licensing (Low Alcohol Drinks) Act 1990 (c. 21) | The whole Act |
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) | Part III Schedule 5 In Schedule 8, Part I |
The Finance Act 1991 (c. 31) | In paragraph 1(a) of Schedule 2, the words “or the Licensing (Scotland) Act 1976,” |
The Licensing (Amendment) (Scotland) Act 1993 (c. 20) | The whole Act |
The Local Government etc. (Scotland) Act 1994 (c. 39) | Section 46 Paragraphs 23 and 106 of Schedule 13 |
The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | In section 19(2), the words from “Notwithstanding” to “but” |
The Criminal Procedure (Consequential Provisions) Act 1995 (c. 40) | Paragraph 29 of Schedule 4 |
The Licensing (Amendment) (Scotland) Act 1996 (c. 36) | The whole Act |
The Access to Justice Act 1999 (c. 22) | Paragraph 94 of Schedule 13 |
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | Paragraph 60 of Schedule 9 |
The Licensing Act 2003 (c. 17) | Paragraph 74 of Schedule 6 |
The Courts Act 2003 (c. 39) | The unnumbered paragraph (which amends the Licensed Premises (Exclusion of Certain Persons) Act 1980) immediately following paragraph 200 of Schedule 8 |
Act applied (with modifications) (30.7.2009) by Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009 (S.S.I. 2009/277), art. 7