Licensing (Scotland) Act 2005 (asp 16)

SCHEDULE 3 S Premises licences: mandatory conditions

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

I1 Sch. 3 para. 6 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F2 6A (1) Alcohol must not be sold on the premises at a price below its minimum price. S

(2) Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

(3) The minimum price of alcohol is to be calculated according to the following formula—

where—

MPU is the minimum price per unit,

S is the strength of the alcohol, and

V is the volume of the alcohol in litres.

(4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

(5) For the purposes of sub-paragraph (3), where—

(a) the alcohol is contained in a bottle or other container, and

(b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.

(6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).]

Textual Amendments

F2 Sch. 3 para. 6A inserted (6.12.2017 for specified purposes, 1.5.2018 in so far as not already in force) by Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4), ss. 1(2), 5(2) (with s. 2); S.S.I. 2017/402, art. 2; S.S.I. 2018/88, art. 2 (which amendment is continued in effect after the end of the 6 year period (30.4.2024) by virtue of The Alcohol (Minimum Pricing) (Scotland) Act 2012 (Continuation) Order 2024 (S.S.I. 2024/127), arts. 1, 2)

[F3 6B (1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises. S

(2) Sub-paragraph (1) applies—

(a) only where each of the alcoholic products is for sale on the premises separately, and

(b) regardless of whether or not the package also contains any item which is not an alcoholic product.

(3) In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale. ]

Textual Amendments

F3 Sch. 3 para. 6B inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 2(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.