Licensing (Scotland) Act 1976

Section 136.

SCHEDULE 7 Minor and Consequential Amendment of Enactments

[1892 c. 55.] The Burgh Police (Scotland) Act 1892

1 In section 380(4) (penalties), for the word " exciseable " there shall be substituted the word " alcoholic ".

2 In section 440 (brokers not to carry on business as publicans), for the word " exciseable" there shall be substituted the word " alcoholic ".

[1952 c. 44.] The Customs and Excise Act 1952

3 In section 307 (interpretation), for paragraph (b) of the definition of "justices' licence" and "justices' on-licence" there shall be substituted the following paragraph—

“(b) in the application of this Act to Scotland, mean respectively—

(i) a licence granted under Part II of the Licensing (Scotland) Act 1976 ; and

(ii) any such licence as aforesaid other than an off-sale licence as described in Schedule 1 to that Act;

and in this paragraph any reference to a licence granted under Part II of the said Act of 1976 includes a reference to an occasional licence granted under the said Part II to the holder of such a licence, a reference to a licence granted under Part III of that Act (which relates to seamen's canteens) and a reference to an extension of permitted hours granted under Part V of that Act;”.

4 In section 315 (application to Scotland), in paragraph (c), for the words " exciseable liquor " there shall be substituted the words " alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976 " , and for paragraph (d) there shall be substituted the following paragraph—

“(d) any reference to licensed premises in relation to the sale of intoxicating liquor shall be construed as a reference to premises in respect of which a licence for the sale of alcoholic liquor granted under the Licensing (Scotland) Act 1976 is in force ;”.

[1967 c. 54.] The Finance Act 1967

5 In section 5(3) (abolition of club licences, etc.), for the word " 1959 " there shall be substituted the word " 1976 ".

[1967 c. 86.] Countryside (Scotland) Act 1967

6 In section 78(1) (interpretation), for the definition of " refreshments " there shall be substituted the following definition—

• “" refreshments " includes alcoholic liquor within the meaning of the Licensing (Scotland) Act 1976 ;”."

[1968 c. 16.] The New Towns (Scotland) Act 1968

7 In section 18(2) (disposal of land by development corporation), for the words " exciseable liquor" there shall be substituted the words " alcoholic liquor ".

8 In section 47(1) (interpretation), after the definition of " the Act of 1845 " there shall be inserted the following definition—

• “" alcoholic liquor " has the meaning assigned by section 139(1) of the Licensing (Scotland) Act 1976 ;”.

[1968 c. 65.] The Gaming Act 1968

9 In section 6 (general provisions as to gaming in licensed premises), the following amendments shall be made—

(a) in subsection (2)(a), for the word " certificate in both places where it occurs, there shall be substituted the word " licence ";

(b) in subsection (3), the words " or certificate " shall be omitted, and for the word " court " there shall be substituted the word " board ";

(c) in subsection (4), for the word " court", in both places where it occurs, there shall be substituted the word " board ";

(d) in subsection (5), for the word "court", in both places where it occurs, there shall be substituted the word " board ";

(e) in subsection (6), for the word " court" there shall be substituted the word " board " , and the words " or certificate ", in both places where they occur, shall be omitted;

(f) in subsection (8), for the words after " 1964 " there shall be substituted the words " and " hotel licence " ; " public house licence" and "licensing area" have the same meanings as in the Licensing (Scotland) Act 1976.".

10 In section 7(2) (provisions as to persons under 18), the words " or certificate " shall be omitted.

11 In section 8(7) (offences), for the words "subsection (7) of section 14 of the Licensing (Scotland) Act 1962" there shall be substitued the words " Schedule 5 to the Licensing (Scotland) Act 1976", and for the words "the said section 14" there shall be substituted the words " section 67 of the said Act of 1976 ".

12 In paragraph 23 of Schedule 9 (permits under section 34), for the words from "" hotel" onwards there shall be substituted the words " public house licence " and " hotel licence " have the same meanings as in Schedule 1 to the Licensing (Scotland) Act 1976."