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Licensing (Scotland) Act 2005
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Licensing (Scotland) Act 2005, Section 65 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 65:
- specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
65Licensed hours: off-salesS
This section has no associated Explanatory Notes
(1)This section applies where an application specified in subsection (2) is made to a Licensing Board in relation to any premises, but only so far as the application is for—
(a)a licence authorising the sale of alcohol for consumption off the premises, or
(b)an extension of off-sales hours in relation to the premises.
(2)That application is—
(a)a premises licence application,
(b)a premises licence variation application,
(c)an occasional licence application, or
(d)an extended hours application.
(3)If the off-sales hours proposed in the application are such that alcohol would be sold for consumption off the premises—
(a)before 10am,
(b)after 10pm, or
(c)both,
on any day, the Board must refuse the application.
(4)The Scottish Ministers may by order substitute other times for the times specified in subsection (3).
(5)Where subsection (3) does not apply, in considering whether the granting of the application would be inconsistent with any of the licensing objectives, the Board must, in particular, consider the effect (if any) which the off-sales hours proposed in the application would have on the occurrence of antisocial behaviour.
(6)In subsection (5), “antisocial behaviour” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).
(7)This section is without prejudice to the generality of sections 23(4), 30(4), 59(3) and 68(1).
Commencement Information
I1S. 65 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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