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Introductory Text
Part 1 Core provisions
1.Prohibition of unlicensed sale of alcohol
2.Meaning of “alcohol”
3.Certain supplies of alcohol to be treated as sales
4.The licensing objectives
Part 2 Licensing bodies and officers
Licensing Boards
5.Licensing Boards
6.Statements of licensing policy
7.Duty to assess overprovision
8.Applicants attempting to influence Board members
9.Licensing Board’s duty to keep a public register
Local Licensing Forums
10.Local Licensing Forums
11.General functions of Local Licensing Forums
12.Licensing Boards' duties in relation to Local Licensing Forums
Licensing Standards Officers
13.Licensing Standards Officers
14.General functions of Licensing Standards Officers
15.Powers of entry and inspection
16.Training of Licensing Standards Officers
Part 3 Premises licences
Introductory
17.Premises licence
18.Meaning of “appropriate Licensing Board”
19.Premises manager
Premises licence applications
20.Application for premises licence
21.Notification of application
22.Objections and representations
23.Determination of premises licence application
24.Applicant’s duty to notify Licensing Board of convictions
25.Further application after refusal of premises licence application
26.Issue of licence and summary
Conditions of premises licence
27.Conditions of premises licence
Duration of premises licence
28.Period of effect of premises licence
Variation of premises licence
29.Application to vary premises licence
30.Determination of application for variation
31.Variation to substitute new premises manager
32.Further application after refusal of application for variation
Transfer of premises licence
33.Transfer on application of licence holder
34.Transfer on application of person other than licence holder
35.Variation on transfer
Review of premises licence
36.Application for review of premises licence
37.Review of premises licence on Licensing Board’s initiative
38.Review hearing
39.Licensing Board’s powers on review
40.Review of Licensing Board’s decision to vary or suspend licence
Conviction of licence holder etc. for relevant or foreign offence
41.Duty to notify court of premises licence
42.Court’s duty to notify Licensing Board of convictions
43.Licence holder’s duty to notify Licensing Board of convictions
44.Procedure where Licensing Board receives notice of conviction
Premises under construction or conversion
45.Provisional premises licence
46.Confirmation of provisional premises licence
47.Temporary premises licence
Updating of licence
48.Notification of change of name or address
49.Licensing Board’s duty to update premises licence
Miscellaneous
50.Certificates as to planning, building standards and food hygiene
51.Notification of determinations
52.Duty to keep, display and produce premises licence
53.Theft, loss etc. of premises licence or summary
54.Dismissal, resignation, death etc. of premises manager
55.Certified copies
Part 4 Occasional licences
56.Occasional licence
57.Notification of application to chief constable and Licensing Standards Officer
58.Objections and representations
59.Determination of application
60.Conditions of occasional licence
61.Notification of determinations
Part 5 Licensed hours
General
62.Licensed hours
63.Prohibition of sale, consumption and taking away of alcohol outwith licensed hours
64.24 hour licences to be granted only in exceptional circumstances
65.Licensed hours: off-sales
66.Effect of start and end of British Summer Time
Occasional extensions
67.Power for Licensing Board to grant general extensions of licensed hours
68.Extended hours applications
69.Notification of extended hours application
70.Determination of extended hours application
Part 6 Personal licences
Introductory
71.Personal licence
Grant and renewal of personal licence
72.Application for personal licence
73.Notification of application to chief constable
74.Determination of personal licence application
75.Applicant’s duty to notify Licensing Board of convictions
76.Issue of licence
77.Period of effect of personal licence
78.Renewal of personal licence
79.Notification of determinations
Conviction of licence holder for relevant or foreign offence
80.Duty to notify court of personal licence
81.Court’s duty to notify Licensing Board of convictions
82.Licence holder’s duty to notify Licensing Board of convictions
83.Procedure where Licensing Board receives notice of conviction
Conduct inconsistent with licensing objectives
84.Conduct inconsistent with the licensing objectives
Endorsements
85.Expiry of endorsements
86.Suspension of licence after multiple endorsements
Licence holder’s duty to undertake training
87.Licence holder’s duty to undertake training
Update of licence
88.Notification of change of name or address
89.Licensing Board’s duty to update licence
Miscellaneous
90.Power to specify which Licensing Board is to exercise functions under this Part
91.Power to prescribe licensing qualifications
92.Theft, loss etc. of personal licence
93.Licence holder’s duty to produce licence
Part 7 Control of order
Exclusion of violent offenders
94.Exclusion orders
95.Breach of exclusion order
96.Exclusion orders: supplementary provision
Closure of premises
97.Closure orders
98.Termination of closure orders
99.Extension of emergency closure order
100.Regulations as to closure orders
101.Interpretation of sections 97 to 100
Part 8 Offences
Offences relating to children and young people
102.Sale of alcohol to a child or young person
103.Allowing the sale of alcohol to a child or young person
104.Sale of liqueur confectionery to a child
105.Purchase of alcohol by or for a child or young person
106.Consumption of alcohol by a child or young person
107.Unsupervised sale of alcohol by a child or young person
108.Delivery of alcohol by or to a child or young person
109.Sending a child or young person to obtain alcohol
110.Duty to display notice
Drunkenness and disorderly conduct
111.Drunk persons entering or in premises on which alcohol is sold
112.Obtaining of alcohol by or for a drunk person
113.Sale of alcohol to a drunk person
114.Premises manager, staff etc. not to be drunk
115.Disorderly conduct
116.Refusal to leave premises
Miscellaneous offences
117.Offences relating to sale of alcohol to trade
118.Prohibition of unauthorised sale of alcohol on moving vehicles
119.Delivery of alcohol from vehicles etc.
120.Prohibition of late-night deliveries of alcohol
121.Keeping of smuggled goods
Interpretation of Part
122.Interpretation of Part 8
Part 9 Miscellaneous and general
Excluded and exempt premises
123.Excluded premises
124.Exempt premises
Special provision for certain clubs
125.Special provisions for certain clubs
Vessels, vehicles and moveable structures
126.Vessels, vehicles and moveable structures
127.Power to prohibit sale of alcohol on trains
128.Power to prohibit sale of alcohol on ferries
Relevant and foreign offences
129.Relevant offences and foreign offences
130.Effect of appeal against conviction for relevant or foreign offence
Appeals
131.Appeals
132.Appeals: supplementary provision
Procedures, forms etc.
133.Hearings
134.Form etc. of applications, proposals, and notices
135.Power to relieve failure to comply with rules and other requirements
136.Fees
Miscellaneous
137.Inspection of premises before grant of licence etc.
138.Police powers of entry
139.Remote sales of alcohol
140.Presumption as to liquid contents of containers
141.Offences by bodies corporate etc.
General
142.Guidance
143.Crown application
144.Modification of enactments
145.Ancillary provision
146.Orders and regulations
147.Interpretation
148.Index of defined expressions
149.Repeals
150.Short title and commencement
SCHEDULE 1
Licensing Boards
1.Membership
2.Election of members
3.Disqualification from membership
4.Tenure of office etc.
5.Removal of members from office
6.Convener
7.Removal of convener
8.Administrative support
9.Committees
10.Delegation of functions
11.Training of members
12.Proceedings
13.Validity of proceedings
14.Transitional and transitory provision
SCHEDULE 2
Local Licensing Forums
1.Introductory
2.Membership
3.Convener
4.Administrative support
5.Meetings and proceedings
SCHEDULE 3
Premises licences: mandatory conditions
1.Interpretation
2.Compliance with the operating plan
3.Any other activity to be carried on in the premises...
4.The premises manager
5.Authorisation of sales of alcohol
6.Training of staff
7.Pricing of alcohol
8.Irresponsible drinks promotions
9.Provision of non-alcoholic drinks
10.Payment of annual or recurring fees
SCHEDULE 4
Occasional licences: mandatory conditions
1.Interpretation
2.Compliance with licence
3.Any other activity to be carried on in the premises...
4.Authorisation of sales of alcohol
5.Voluntary organisations
6.Pricing of alcohol
7.Irresponsible drinks promotions
8.Provision of non-alcoholic drinks
SCHEDULE 5
Appeals
Part 1 Appeals to the sheriff principal
Part 2 Appeals to the sheriff
SCHEDULE 6
Modification of enactments
1.Children and Young Persons Act 1963 (c. 37)
2.Countryside (Scotland) Act 1967 (c. 86)
3.New Towns (Scotland) Act 1968 (c. 16)
4.Water (Scotland) Act 1980 (c. 45)
5.Local Government, Planning and Land Act 1980 (c. 65)
6.Civic Government (Scotland) Act 1982 (c. 45)
7.Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
8.Crime and Punishment (Scotland) Act 1997 (c. 48)
9.Scottish Public Services Ombudsman Act 2002 (asp 11)
10.Freedom of Information (Scotland) Act 2002 (asp 13)
SCHEDULE 7
Repeals