Licensing (Scotland) Act 2005

SCHEDULE 3 S Premises licences: mandatory conditions

(introduced by section 27(1))

Interpretation S

1 S In this schedule, “the premises” means, in relation to any premises licence, the premises specified in the licence.

Commencement Information

I1 Sch. 3 para. 1 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Compliance with the operating plan S

2 (1) Alcohol is to be sold on the premises only in accordance with the operating plan contained in the licence. S

(2) Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).

Commencement Information

I2 Sch. 3 para. 2 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

3 S Any other activity to be carried on in the premises is to be carried on only in accordance with the operating plan contained in the licence.

Commencement Information

I3 Sch. 3 para. 3 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

The premises manager S

4 (1) Alcohol is not to be sold on the premises at any time when— S

(a) there is no premises manager in respect of the premises,

(b) the premises manager does not hold a personal licence,

(c) the personal licence held by the premises manager is suspended, or

(d) the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises.

(2) In sub-paragraph (1), “appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d).

(3) Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises manager to be present on the premises at the time any sale of alcohol is made.

Commencement Information

I4 Sch. 3 para. 4 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Authorisation of sales of alcohol S

5 S Every sale of alcohol made on the premises must be authorised (whether generally or specifically) by—

(a) the premises manager, or

(b) another person who holds a personal licence.

Commencement Information

I5 Sch. 3 para. 5 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Training of staff S

6 (1) No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph. S

(2) That is a capacity (whether paid or unpaid) which involves the person—

(a) making sales of alcohol, or

(b) where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person.

[F1 (2A) At any time when a person (other than a person who holds a personal licence) is working in the premises in a capacity mentioned in sub paragraph (2), there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007.

(2B) A record kept on the premises under sub paragraph (2A) must be produced to a Licensing Standards Officer on request.]

(3) Regulations under sub-paragraph (1) prescribing training requirements may, in particular—

(a) provide for the accreditation by the Scottish Ministers of—

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different training requirements in relation to different descriptions of persons,

(c) require that any person providing training or any particular description of training in accordance with the regulations hold a personal licence or such other qualification as may be prescribed in the regulations, and

(d) require training to be undergone again at such intervals as may be prescribed in the regulations.

Textual Amendments

F1 Sch. 3 paras. 6(2A)(2B) inserted (1.2.2008) by Licensing (Mandatory Conditions No.2) (Scotland) Regulations 2007 (S.S.I. 2007/546), regs. 1(1), 2

Commencement Information

I6 Sch. 3 para. 6 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Pricing of alcohol S

7 S Where the price at which any alcohol sold on the premises is varied—

(a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

Commencement Information

I7 Sch. 3 para. 7 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Irresponsible drinks promotions S

8 (1) An irresponsible drinks promotion must not be carried on in or in connection with the premises. S

(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—

(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,

(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),

(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,

(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,

(f) is based on the strength of any alcohol,

(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or

(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.

(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.

(4) The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—

(a) add further descriptions of drinks promotions,

(b) modify any of the descriptions of drinks promotions for the time being listed in it, or

(c) extend or restrict the application of any of those descriptions of drinks promotions.

(5) In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.

Commencement Information

I8 Sch. 3 para. 8 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Provision of non-alcoholic drinks S

9 (1) The conditions specified in this paragraph apply only to the extent that the premises licence authorises the sale of alcohol for consumption on the premises. S

(2) Tap water fit for drinking must be provided free of charge on request.

(3) Other non-alcoholic drinks must be available for purchase at a reasonable price.

Commencement Information

I9 Sch. 3 para. 9 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Payment of annual or recurring fees S

10 (1) The condition specified in sub-paragraph (2) applies only in relation to a premises licence in respect of which an annual or other recurring fee is to be paid by virtue of regulations under section 136(1). S

(2) The fee must be paid as required by the regulations.

Commencement Information

I10 Sch. 3 para. 10 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F2 Notices – admission of persons under 18 S

Textual Amendments

F2 Sch. 3 paras. 11, 12 and cross-headings inserted (1.2.2008) by Licensing (Mandatory Conditions) (Scotland) Regulations 2007 (S.S.I. 2007/457), regs. 1, 2

11 (1) The condition specified in this paragraph applies only in the case of premises on which alcohol is sold for consumption on the premises. S

(2) There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which–

(a) states that persons under the age of 18 are not permitted on the premises; or

(b) states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign.]

[F2 Baby changing facilities S

12 (1) The condition specified in this paragraph applies only in the case of premises– S

(a) which are not–

(i) a vehicle;

(ii) a vessel;

(iii) a moveable structure; or

(iv) used wholly or mainly for the purposes referred to in section 125(1);

(b) on which alcohol is sold for consumption on the premises; and

(c) to which children under the age of 5 are to be admitted.

(2) There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.]

[F3 Display of alcohol for consumption off the premises S

Textual Amendments

F3 Sch. 3 para. 13 and cross-heading inserted (1.2.2008) by Licensing (Mandatory Conditions No.2) (Scotland) Regulations 2007 (S.S.I. 2007/546), regs. 1(1), 3

13 (1) [F4 Subject to sub-paragraph (3), alcohol] which is for sale only for consumption off the premises may be displayed only in one or both of the following– S

(a) a single area of the premises agreed between the Licensing Board and the holder of the licence; or

(b) a single area of the premises which is inaccessible to the public.

(2) In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is–

(a) a non-alcoholic drink; or

(b) packaged with, and may be purchased only along with, alcohol.

[F5 (3) This paragraph does not apply in respect of premises—

(a) whose main function is to provide a visitor attraction, and

(b) where—

(i) the premises form part of a larger site which is used principally for the production of alcoholic drinks, or

(ii) the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink.]]

Textual Amendments

F4 Words in Sch. 3 para. 13(1) substituted (24.6.2009) by The Licensing (Mandatory Conditions) (Scotland) Regulations 2009 (S.S.I. 2009/270), regs. 1, 2(2)

F5 Sch. 3 para. 13(3) inserted (24.6.2009) by The Licensing (Mandatory Conditions) (Scotland) Regulations 2009 (S.S.I. 2009/270), regs. 1, 2(3)