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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

127Power to prohibit sale of alcohol on trains

This section has no associated Explanatory Notes

(1)A sheriff may—

(a)on the application of a senior police officer, and

(b)if satisfied that it is necessary to do so to prevent disorder,

make an order under subsection (2).

(2)That is an order prohibiting, during such period as may be specified in the order, the sale of alcohol on any railway vehicle—

(a)at such station or stations within the sheriff’s sheriffdom as may be so specified, or

(b)whilst travelling between such stations as may be so specified, at least one of which is in that sheriffdom.

(3)An order under subsection (2) has no effect in relation to any railway vehicle unless a copy of it has been given by a senior police officer to the train operator (or each train operator) responsible for the vehicle.

(4)A person who knowingly—

(a)sells or attempts to sell alcohol in breach of an order under subsection (2), or

(b)allows the sale of alcohol in breach of such an order,

commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to—

(a)a fine not exceeding £20,000,

(b)imprisonment for a term not exceeding 3 months, or

(c)both.

(6)In this section—

  • “station” has the meaning given in section 83 of the Railways Act 1993, and

  • “train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).

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