Explanatory Notes

Licensing (Scotland) Act 2005

2005 asp 16

21 December 2005

Commentary on Parts

Part 5 – Licensed Hours

Section 6424 hour licences to be granted only in exceptional circumstances

135.The presumption provided here is against 24 hour opening in Scotland for on and off sales.  However, subsection (2) provides that Boards are entitled to agree exceptions to that presumption but only if satisfied that there are exceptional circumstances justifying it.  This is a test which will have to be applied on a case by case basis. Guidance will set out national guidelines on the policy that should be adopted by Licensing Boards in relation to circumstances that might merit 24 hour opening.  Boards are required to set out their policy on licensing hours for their area in their policy statements.