Licensing (Scotland) Act 2005

Miscellaneous offences S

117 Offences relating to sale of alcohol to trade S

(1) A person who sells alcohol to trade otherwise than from [F1 licensed premises or] premises which are used exclusively for the purpose of the selling of goods (whether solely alcohol or not) to trade commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 Words in s. 117(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 188(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I1 S. 117 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

118 Prohibition of unauthorised sale of alcohol on moving vehicles S

(1) A person who F2 ... sells alcohol on or from a vehicle at a time when the vehicle is not parked (whether permanently or temporarily) commits an offence, unless the selling of alcohol on or from the vehicle at such a time is expressly authorised by a premises licence or occasional licence in respect of the vehicle.

(2) A person guilty of an offence under subsection (1) 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.

Textual Amendments

F2 Word in s. 118(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(e), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I2 S. 118 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

119 Delivery of alcohol from vehicles etc. S

(1) A person who, pursuant to a sale of alcohol by that person, delivers the alcohol from a vehicle or receptacle without the information mentioned in subsection (2) having been entered, before the despatch of the alcohol, in—

(a) a day book kept on the premises from which the alcohol is despatched, and

(b) a delivery book or invoice carried by the person delivering the alcohol,

commits an offence.

(2) The information referred to in subsection (1) is—

(a) the quantity, description and price of the alcohol, and

(b) the name and address of the person to whom it is to be delivered.

(3) A person who carries in a vehicle or receptacle in use for the delivery of alcohol pursuant to a sale of the alcohol by that person any alcohol the quantity, description and price of which was not entered as mentioned in subsection (1) commits an offence.

(4) A person who, pursuant to a sale of alcohol, delivers the alcohol to an address not entered as mentioned in subsection (1) commits an offence.

(5) A person who refuses to allow a constable or a Licensing Standards Officer to examine—

(a) any vehicle or receptacle in use for the delivery of alcohol, or

(b) any—

(i) day book kept as mentioned in subsection (1)(a), or

(ii) delivery book or invoice carried as mentioned in subsection (1)(b),

commits an offence.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section, “alcohol” does not include any alcohol being delivered to a trader for the purposes of that person's trade.

Commencement Information

I3 S. 119 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

120 Prohibition of late-night deliveries of alcohol S

(1) This section applies where alcohol is sold on any relevant premises for consumption off the premises.

(2) A responsible person commits an offence if the person F3 ... delivers the alcohol to any premises (other than licensed premises) between the hours of midnight and 6am.

(3) A responsible person who F3 ... allows the alcohol to be so delivered commits an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F3 Word in s. 120(2)(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(f), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I4 S. 120 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

121 Keeping of smuggled goods S

(1) Any responsible person who F4 ... keeps or allows to be kept on licensed premises any goods which—

(a) have been imported without any duty payable on their importation having been paid, or

(b) have otherwise been unlawfully imported,

commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) The court by or before which a person is convicted of an offence under subsection (1) may order the goods in question to be—

(a) forfeited, and

(b) destroyed or otherwise dealt with in such manner as the court may order.

Textual Amendments

F4 Word in s. 121(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(g), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I5 S. 121 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3