Explanatory Notes

Alcohol etc. (Scotland) Act 2010

2010 asp 18

15 December 2010

Comments on Sections

Section 9 – Presumption against prohibition on off-sales to under 21s

22.Each Licensing Board is required by section 6 of the 2005 Act to publish a licensing policy statement which is a statement of the policy on how it will carry out its functions. Such a statement must be prepared every three years. A Licensing Board may also publish a supplementary licensing policy statement. Section 9 amends the 2005 Act to prevent Licensing Boards from stating in their licensing policy statement, or supplementary licensing policy statement, that they intend to restrict the sale of alcohol for consumption off the premises to those over 18 but under 21, whether in relation to some or all premises in its area. Section 9 does not prevent Licensing Boards from imposing licence conditions restricting off-sales of alcohol to people aged under 21 but prevents them from including such a policy in their licensing policy statement or supplementary licensing policy statement.