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Licensing (Scotland) Act 2005

Schedule 4

322.This schedule establishes the national mandatory licence conditions for occasional licences issued under the Act, ensuring national consistency on those issues provided for. The conditions are similar to those for premises licences.

323.Paragraphs 2 and 3 ensure compliance with the terms of the occasional licence issued under section 53 of this Act. They also clarify the relationship between the opening times set out in the operating plan or occasional licence and the exemptions outlined in section 63(2) of the Act relating to the sale, consumption and taking away of alcohol outwith licensed hours.

324.Paragraph 4 applies only to occasional licences issued to persons who a premises or personal licence and requires sales of alcohol to be supervised by someone who holds a personal licence.

325.Paragraph 5 applies only to occasional licences issued to voluntary organisations and ensures that alcohol may only be sold at events run in connection with the organisations’ activities.

326.Paragraph 6requires the price of alcohol to be fixed for at least 72 hours. This prohibits “happy hours”.

327.Paragraph 7 establishes national licence conditions relating to irresponsible promotions. Sub-paragraphs (b) to (d) do not apply to circumstances where alcohol is consumed off the premises. These conditions are aimed at reducing the problems of binge drinking and under-age drinking. A power is provided for the Scottish Ministers to add to or modify the list of proscribed promotions.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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