Search Legislation

Licensing (Scotland) Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Excluded and exempt premises

 Help about opening options

Changes to legislation:

Licensing (Scotland) Act 2005, Cross Heading: Excluded and exempt premises is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 9 Crossheading Excluded-and-exempt-premises:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Excluded and exempt premisesS

123Excluded premisesS

(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.

Commencement Information

I1S. 123 in force at 5.9.2008 by S.S.I. 2008/292, art. 2

124Exempt premisesS

(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.

Commencement Information

I2S. 124 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources