Licensing (Scotland) Act 2005

1. Introductory Text

2. Part 1 Core provisions

   1. 1. Prohibition of unlicensed sale of alcohol

   2. 2. Meaning of “alcohol”

   3. 3. Certain supplies of alcohol to be treated as sales

   4. 4. The licensing objectives

3. Part 2 Licensing bodies and officers

   1. Licensing Boards

      1. 5. Licensing Boards

      2. 6. Statements of licensing policy

      3. 7. Duty to assess overprovision

      4. 8. Applicants attempting to influence Board members

      5. 9. Licensing Board's duty to keep a public register

      6. 9A. Annual functions report

      7. 9B. Annual financial report

   2. Local Licensing Forums

      1. 10. Local Licensing Forums

      2. 11. General functions of Local Licensing Forums

      3. 12. Licensing Boards' duties in relation to Local Licensing Forums

   3. Chief constables' reports

      1. 12A. Chief constable's reports to Licensing Boards and Local Licensing Forums

   4. Licensing Standards Officers

      1. 13. Licensing Standards Officers

      2. 14. General functions of Licensing Standards Officers

      3. 15. Powers of entry, inspection and seizure

      4. 16. Training of Licensing Standards Officers

4. Part 3 Premises licences

   1. Introductory

      1. 17. Premises licence

      2. 18. Meaning of “appropriate Licensing Board”

      3. 19. Premises manager

   2. Premises licence applications

      1. 20. Application for premises licence

      2. 21. Notification of application

      3. 22. Objections and representations

      4. 23. Determination of premises licence application

      5. 24. Applicant's duty to notify Licensing Board of convictions

      6. 24A. Power to request antisocial behaviour report

      7. 25. Further application after refusal of premises licence application

      8. 26. Issue of licence and summary

   3. Conditions of premises licence

      1. 27. Conditions of premises licence

      2. 27A. Power of Board to vary premises licence conditions

   4. Duration of premises licence

      1. 28. Period of effect of premises licence

   5. Variation of premises licence

      1. 29. Application to vary premises licence

      2. 30. Determination of application for variation

      3. 31. Variation to substitute new premises manager

      4. 32. Further application after refusal of application for variation

   6. Transfer of premises licence

      1. 33. Transfer on application of licence holder

      2. 34. Transfer on application of person other than licence holder

      3. 35. Variation on transfer

   7. Review of premises licence

      1. 36. Application for review of premises licence

      2. 37. Review of premises licence on Licensing Board's initiative

      3. 38. Review hearing

      4. 39. Licensing Board's powers on review

      5. 39A. Notification of determinations

      6. 39B. Recall of revocation of licence under section 39(2A)

      7. 40. Review of Licensing Board's decision to vary or suspend licence

   8. Connected persons

      1. 40A. Connected persons: licence holder's duty to notify changes

   9. Conviction of licence holder etc. for relevant or foreign offence

      1. 41. Duty to notify court of premises licence

      2. 42. Court's duty to notify Licensing Board of convictions

      3. 43. Licence holder's duty to notify Licensing Board of convictions

      4. 44. Procedure where Licensing Board receives notice of conviction

   10. Premises under construction or conversion

       1. 45. Provisional premises licence

       2. 46. Confirmation of provisional premises licence

       3. 47. Temporary premises licence

   11. Updating of licence

       1. 48. Notification of change of name or address

       2. 49. Licensing Board's duty to update premises licence

   12. Miscellaneous

       1. 50. Certificates as to planning, building standards and food hygiene

       2. 51. Notification of determinations

       3. 52. Duty to keep, display and produce premises licence

       4. 53. Theft, loss etc. of premises licence or summary

       5. 54. Dismissal, resignation, death etc. of premises manager

       6. 55. Certified copies

5. Part 4 Occasional licences

   1. 56. Occasional licence

   2. 57. Notification of application to chief constable and Licensing Standards Officer

   3. 58. Objections and representations

   4. 59. Determination of application

   5. 60. Conditions of occasional licence

   6. 61. Notification of determinations

6. Part 5 Licensed hours

   1. General

      1. 62. Licensed hours

      2. 63. Prohibition of sale, consumption and taking away of alcohol outwith licensed hours

      3. 64. 24 hour licences to be granted only in exceptional circumstances

      4. 65. Licensed hours: off-sales

      5. 66. Effect of start and end of British Summer Time

   2. Occasional extensions

      1. 67. Power for Licensing Board to grant general extensions of licensed hours

      2. 68. Extended hours applications

      3. 69. Notification of extended hours application

      4. 70. Determination of extended hours application

      5. 70A. Extended hours applications: variation of conditions

7. Part 6 Personal licences

   1. Introductory

      1. 71. Personal licence

   2. Grant and renewal of personal licence

      1. 72. Application for personal licence

      2. 73. Notification of application to chief constable

      3. 73A. Notification of application to Licensing Standards Officer

      4. 74. Determination of personal licence application

      5. 75. Applicant's duty to notify Licensing Board of convictions

      6. 76. Issue of licence

      7. 77. Period of effect of personal licence

      8. 78. Renewal of personal licence

      9. 79. Notification of determinations

   3. Conviction of licence holder for relevant or foreign offence

      1. 80. Duty to notify court of personal licence

      2. 81. Court's duty to notify Licensing Board of convictions

      3. 82. Licence holder's duty to notify Licensing Board of convictions

      4. 83. Procedure where Licensing Board receives notice of conviction

   4. Conduct inconsistent with licensing objectives

      1. 84. Conduct inconsistent with the licensing objectives

      2. 84A. Power of chief constable to report conduct inconsistent with the licensing objectives

      3. 84B. Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives

   5. Endorsements

      1. 85. Expiry of endorsements

      2. 86. Suspension of licence after multiple endorsements

   6. Licence holder's duty to undertake training

      1. 87. Licence holder's duty to undertake training

   7. Update of licence

      1. 88. Notification of change of name or address

      2. 89. Licensing Board's duty to update licence

   8. Miscellaneous

      1. 90. Power to specify which Licensing Board is to exercise functions under this Part

      2. 91. Power to prescribe licensing qualifications

      3. 92. Theft, loss etc. of personal licence

      4. 93. Licence holder's duty to produce licence

8. Part 7 Control of order

   1. Exclusion of violent offenders

      1. 94. Exclusion orders

      2. 95. Breach of exclusion order

      3. 96. Exclusion orders: supplementary provision

   2. Closure of premises

      1. 97. Closure orders

      2. 98. Termination of closure orders

      3. 99. Extension of emergency closure order

      4. 100. Regulations as to closure orders

      5. 101. Interpretation of sections 97 to 100

9. Part 8 Offences

   1. Offences relating to children and young people

      1. 102. Sale of alcohol to a child or young person

      2. 103. Allowing the sale of alcohol to a child or young person

      3. 104. Sale of liqueur confectionery to a child

      4. 104A. Supply of alcohol to a child

      5. 104B. Supply of alcohol to a young person

      6. 105. Purchase of alcohol by a child or young person

      7. 106. Consumption of alcohol by a child or young person

      8. 107. Unsupervised sale of alcohol by a child or young person

      9. 108. Delivery of alcohol by or to a child or young person

      10. 109. Sending a child or young person to obtain alcohol

      11. 110. Duty to display notice

   2. Drunkenness and disorderly conduct

      1. 111. Drunk persons entering or in premises on which alcohol is sold

      2. 112. Obtaining of alcohol by or for a drunk person

      3. 113. Sale of alcohol to a drunk person

      4. 114. Premises manager, staff etc. not to be drunk

      5. 115. Disorderly conduct

      6. 116. Refusal to leave premises

   3. Miscellaneous offences

      1. 117. Offences relating to sale of alcohol to trade

      2. 118. Prohibition of unauthorised sale of alcohol on moving vehicles

      3. 119. Delivery of alcohol from vehicles etc.

      4. 120. Prohibition of late-night deliveries of alcohol

      5. 121. Keeping of smuggled goods

   4. Interpretation of Part

      1. 122. Interpretation of Part 8

10. Part 9 Miscellaneous and general

    1. Excluded and exempt premises

       1. 123. Excluded premises

       2. 124. Exempt premises

    2. Special provision for certain clubs

       1. 125. Special provisions for certain clubs

    3. Vessels, vehicles and moveable structures

       1. 126. Vessels, vehicles and moveable structures

       2. 127. Power to prohibit sale of alcohol on trains

       3. 128. Power to prohibit sale of alcohol on ferries

    4. Relevant and foreign offences

       1. 129. Relevant offences and foreign offences

       2. 130. Effect of appeal against conviction for relevant or foreign offence

    5. Appeals

       1. 131. Appeals

       2. 132. Appeals: supplementary provision

    6. Procedures, forms etc.

       1. 133. Hearings

       2. 133A. How hearings may be held

       3. 134. Form etc. of applications, proposals, notices and other communications

       4. 134A. Offence of knowingly making a false statement in an application

       5. 135. Power to relieve failure to comply with rules and other requirements

       6. 136. Fees

    7. Miscellaneous

       1. 137. Inspection of premises before grant of licence etc.

       2. 138. Police powers of entry

       3. 139. Remote sales of alcohol

       4. 140. Presumption as to liquid contents of containers

       5. 141. Offences by bodies corporate etc.

       6. 141A. Defence of due diligence for certain offences

       7. 141B. Vicarious liability of premises licence holders and interested parties

    8. General

       1. 142. Guidance

       2. 143. Crown application

       3. 144. Modification of enactments

       4. 145. Ancillary provision

       5. 146. Orders and regulations

       6. 147. Interpretation

       7. 148. Index of defined expressions

       8. 149. Repeals

       9. 150. Short title and commencement

11. 1. SCHEDULE 1

       Licensing Boards

       1. Membership

          1. 1. (1) A Licensing Board is to consist of such number...

       2. Election of members

          1. 2. (1) Each council must, at their first meeting after each...

       3. Disqualification from membership

          1. 3. (1) A councillor is disqualified from election as, and from...

       4. Tenure of office etc.

          1. 4. (1) A member of a Licensing Board—

       5. Removal of members from office

          1. 5. The relevant council may remove a member from office if...

       6. Convener

          1. 6. (1) A Licensing Board must, at their first meeting after...

       7. Removal of convener

          1. 7. (1) The convener of a Licensing Board may be removed...

       8. Administrative support

          1. 8. (1) In relation to each Licensing Board, the relevant council...

       9. Committees

          1. 9. A Licensing Board may establish committees for or in connection...

       10. Delegation of functions

           1. 10. (1) A Licensing Board may authorise (whether generally or specifically)—...

       11. Training of members

           1. 11. (1) Each member of a Licensing Board must, no later...

       12. Proceedings

           1. 12. (A1) A Licensing Board may determine that a meeting is...

       13. Validity of proceedings

           1. 13. The proceedings of a Licensing Board are not affected by—...

       14. Transitional and transitory provision

           1. 14. (1) Until the end of the day of the first...

    2. SCHEDULE 2

       Local Licensing Forums

       1. Introductory

          1. 1. In this schedule, “Forum” means a Local Licensing Forum established...

       2. Membership

          1. 2. (1) A Forum is to consist of such number (being...

       3. Convener

          1. 3. (1) At their first meeting in each calendar year, a...

       4. Administrative support

          1. 4. A council must provide each Forum established by them, or...

       5. Meetings and proceedings

          1. 5. (1) Each Forum must, in each calendar year, hold at...

    3. SCHEDULE 3

       Premises licences: mandatory conditions

       1. Interpretation

          1. 1. In this schedule, “the premises” means, in relation to any...

       2. Compliance with the operating plan

          1. 2. (1) Alcohol is to be sold on the premises only...

          2. 3. Any other activity to be carried on in the premises...

       3. The premises manager

          1. 4. (1) Alcohol is not to be sold on the premises...

       4. Authorisation of sales of alcohol

          1. 5. Every sale of alcohol made on the premises must be...

       5. Training of staff

          1. 6. (1) No person (other than a person who holds a...

          2. 6A. (1) Alcohol must not be sold on the premises at...

          3. 6B. (1) A package containing two or more alcoholic products (whether...

       6. Pricing of alcohol

          1. 7. Where the price at which any alcohol sold on the...

          2. 7A. Where the price at which any alcohol sold on the...

       7. Irresponsible drinks promotions

          1. 8. (1) An irresponsible drinks promotion must not be carried on...

       8. Provision of non-alcoholic drinks

          1. 9. (1) The conditions specified in this paragraph apply only to...

       9. Age verification policy

          1. 9A. (1) There must be an age verification policy in relation...

       10. Payment of annual or recurring fees

           1. 10. (1) The condition specified in sub-paragraph (2) applies only in...

       11. Notices – admission of persons under 18

           1. 11. (1) The condition specified in this paragraph applies only in...

       12. Baby changing facilities

           1. 12. (1) The condition specified in this paragraph applies only in...

       13. Display, or promotion of the sale, of alcohol for consumption off the premises

           1. 13. (1) Subject to sub-paragraph (3), alcohol which is for sale...

    4. SCHEDULE 4

       Occasional licences: mandatory conditions

       1. Interpretation

          1. 1. In this schedule, “the premises” means, in relation to any...

       2. Compliance with licence

          1. 2. (1) Alcohol may be sold on the premises only in...

          2. 3. Any other activity to be carried on in the premises...

       3. Authorisation of sales of alcohol

          1. 4. (1) The condition specified in sub-paragraph (2) applies only to...

       4. Voluntary organisations

          1. 5. (1) The condition specified in sub-paragraph (2) applies only to...

          2. 5A. (1) Alcohol must not be sold on the premises at...

          3. 5B. (1) A package containing two or more alcoholic products (whether...

       5. Pricing of alcohol

          1. 6. Where the price at which any alcohol sold on the...

          2. 6A. Where the price at which any alcohol sold on the...

       6. Irresponsible drinks promotions

          1. 7. (1) An irresponsible drinks promotion must not be carried on...

       7. Provision of non-alcoholic drinks

          1. 8. (1) The conditions specified in this paragraph apply only to...

       8. Age verification policy

          1. 9. (1) There must be an age verification policy in relation...

    5. SCHEDULE 5

       Appeals

       1. Part 1 Appeals to the sheriff principal

       2. Part 2 Appeals to the sheriff

    6. SCHEDULE 6

       Modification of enactments

       1. Children and Young Persons Act 1963 (c. 37)

          1. 1. In section 37(2)(b)(ii) (restriction on persons under 16 taking part...

       2. Countryside (Scotland) Act 1967 (c. 86)

          1. 2. In section 78(1) (interpretation) of the Countryside (Scotland) Act 1967,...

       3. New Towns (Scotland) Act 1968 (c. 16)

          1. 3. (1) The New Towns (Scotland) Act 1968 is amended as...

       4. Water (Scotland) Act 1980 (c. 45)

          1. 4. In section 50(1)(b) (power to require supply by meter to...

       5. Local Government, Planning and Land Act 1980 (c. 65)

          1. 5. In section 146 (disposal of land by urban development corporation)...

       6. Civic Government (Scotland) Act 1982 (c. 45)

          1. 6. (1) The Civic Government (Scotland) Act 1982 is amended as...

       7. Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

          1. 7. (1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended...

       8. Crime and Punishment (Scotland) Act 1997 (c. 48)

          1. 8. (1) Section 61 (confiscation of alcohol from persons under 18)...

       9. Scottish Public Services Ombudsman Act 2002 (asp 11)

          1. 9. In paragraph 10 of Part 1 of schedule 2 (authorities...

       10. Freedom of Information (Scotland) Act 2002 (asp 13)

           1. 10. In paragraph 23 of Part 3 of schedule 1 (local...

    7. SCHEDULE 7

       Repeals