Explanatory Notes

Licensing (Scotland) Act 2005

2005 asp 16

21 December 2005

Commentary on Parts

Part 5 – Licensed Hours

Section 66 – Effect of start and end of British Summer Time

138.This addresses an existing problem in relation to British Summer Time.  The changing of the clock makes it difficult to fix on a uniform approach to whether the hours after midnight ought to be determined by the number of hours of extension granted in the licence application or by reference to the actual time on the clock.  The Act provides that under the new licensing system the times are determined by the number of hours authorised at the time the licence was granted.  Accordingly this section provides that at the times of the year when clocks are moved forwards or backwards to accommodate the requirements of British Summer Time, there will be a uniformity of approach throughout the country as to the effect which this has on closing times.

139.Subsection (2) in effect means that the closing times of those licensed premises which are authorised to open later than the hour when the change takes place, should be determined by reference to the number of hours after midnight when they are authorised to be open rather than by the actual time shown on the clock.