Licensing (Scotland) Act 2005
Part 1Core provisions
1Prohibition of unlicensed sale of alcohol
2Meaning of “alcohol”
3Certain supplies of alcohol to be treated as sales
4The licensing objectives
Part 2Licensing bodies and officers
Licensing Boards
5Licensing Boards
6Statements of licensing policy
7Duty to assess overprovision
8Applicants attempting to influence Board members
9Licensing Board’s duty to keep a public register
Local Licensing Forums
10Local Licensing Forums
11General functions of Local Licensing Forums
12Licensing Boards' duties in relation to Local Licensing Forums
Licensing Standards Officers
13Licensing Standards Officers
14General functions of Licensing Standards Officers
15Powers of entry and inspection
16Training of Licensing Standards Officers
Part 3Premises licences
Introductory
17Premises licence
18Meaning of “appropriate Licensing Board”
19Premises manager
Premises licence applications
20Application for premises licence
21Notification of application
22Objections and representations
23Determination of premises licence application
24Applicant’s duty to notify Licensing Board of convictions
25Further application after refusal of premises licence application
26Issue of licence and summary
Conditions of premises licence
27Conditions of premises licence
Duration of premises licence
28Period of effect of premises licence
Variation of premises licence
29Application to vary premises licence
30Determination of application for variation
31Variation to substitute new premises manager
32Further application after refusal of application for variation
Transfer of premises licence
33Transfer on application of licence holder
34Transfer on application of person other than licence holder
35Variation on transfer
Review of premises licence
36Application for review of premises licence
37Review of premises licence on Licensing Board’s initiative
38Review hearing
39Licensing Board’s powers on review
40Review of Licensing Board’s decision to vary or suspend licence
Conviction of licence holder etc. for relevant or foreign offence
41Duty to notify court of premises licence
42Court’s duty to notify Licensing Board of convictions
43Licence holder’s duty to notify Licensing Board of convictions
44Procedure where Licensing Board receives notice of conviction
Premises under construction or conversion
45Provisional premises licence
46Confirmation of provisional premises licence
47Temporary premises licence
Updating of licence
48Notification of change of name or address
49Licensing Board’s duty to update premises licence
Miscellaneous
50Certificates as to planning, building standards and food hygiene
51Notification of determinations
52Duty to keep, display and produce premises licence
53Theft, loss etc. of premises licence or summary
54Dismissal, resignation, death etc. of premises manager
55Certified copies
Part 4Occasional licences
56Occasional licence
57Notification of application to chief constable and Licensing Standards Officer
58Objections and representations
59Determination of application
60Conditions of occasional licence
61Notification of determinations
Part 5Licensed hours
General
62Licensed hours
63Prohibition of sale, consumption and taking away of alcohol outwith licensed hours
6424 hour licences to be granted only in exceptional circumstances
65Licensed hours: off-sales
66Effect of start and end of British Summer Time
Occasional extensions
67Power for Licensing Board to grant general extensions of licensed hours
68Extended hours applications
69Notification of extended hours application
70Determination of extended hours application
Part 6Personal licences
Introductory
71Personal licence
Grant and renewal of personal licence
72Application for personal licence
73Notification of application to chief constable
74Determination of personal licence application
75Applicant’s duty to notify Licensing Board of convictions
76Issue of licence
77Period of effect of personal licence
78Renewal of personal licence
79Notification of determinations
Conviction of licence holder for relevant or foreign offence
80Duty to notify court of personal licence
81Court’s duty to notify Licensing Board of convictions
82Licence holder’s duty to notify Licensing Board of convictions
83Procedure where Licensing Board receives notice of conviction
Conduct inconsistent with licensing objectives
84Conduct inconsistent with the licensing objectives
Endorsements
85Expiry of endorsements
86Suspension of licence after multiple endorsements
Licence holder’s duty to undertake training
87Licence holder’s duty to undertake training
Update of licence
88Notification of change of name or address
89Licensing Board’s duty to update licence
Miscellaneous
90Power to specify which Licensing Board is to exercise functions under this Part
91Power to prescribe licensing qualifications
92Theft, loss etc. of personal licence
93Licence holder’s duty to produce licence
Part 7Control of order
Exclusion of violent offenders
94Exclusion orders
95Breach of exclusion order
96Exclusion orders: supplementary provision
Closure of premises
97Closure orders
98Termination of closure orders
99Extension of emergency closure order
100Regulations as to closure orders
101Interpretation of sections 97 to 100
Part 8Offences
Offences relating to children and young people
102Sale of alcohol to a child or young person
103Allowing the sale of alcohol to a child or young person
104Sale of liqueur confectionery to a child
105Purchase of alcohol by or for a child or young person
106Consumption of alcohol by a child or young person
107Unsupervised sale of alcohol by a child or young person
108Delivery of alcohol by or to a child or young person
109Sending a child or young person to obtain alcohol
110Duty to display notice
Drunkenness and disorderly conduct
111Drunk persons entering or in premises on which alcohol is sold
112Obtaining of alcohol by or for a drunk person
113Sale of alcohol to a drunk person
114Premises manager, staff etc. not to be drunk
115Disorderly conduct
116Refusal to leave premises
Miscellaneous offences
117Offences relating to sale of alcohol to trade
118Prohibition of unauthorised sale of alcohol on moving vehicles
119Delivery of alcohol from vehicles etc.
120Prohibition of late-night deliveries of alcohol
121Keeping of smuggled goods
Interpretation of Part
122Interpretation of Part 8
Part 9Miscellaneous and general
Excluded and exempt premises
123Excluded premises
124Exempt premises
Special provision for certain clubs
125Special provisions for certain clubs
Vessels, vehicles and moveable structures
126Vessels, vehicles and moveable structures
127Power to prohibit sale of alcohol on trains
128Power to prohibit sale of alcohol on ferries
Relevant and foreign offences
129Relevant offences and foreign offences
130Effect of appeal against conviction for relevant or foreign offence
Appeals
131Appeals
132Appeals: supplementary provision
Procedures, forms etc.
133Hearings
134Form etc. of applications, proposals, and notices
135Power to relieve failure to comply with rules and other requirements
136Fees
Miscellaneous
137Inspection of premises before grant of licence etc.
138Police powers of entry
139Remote sales of alcohol
140Presumption as to liquid contents of containers
141Offences by bodies corporate etc.
General
142Guidance
143Crown application
144Modification of enactments
145Ancillary provision
146Orders and regulations
147Interpretation
148Index of defined expressions
149Repeals
150Short title and commencement
SCHEDULE 1Licensing Boards
1Membership
2Election of members
3Disqualification from membership
4Tenure of office etc.
5Removal of members from office
6Convener
7Removal of convener
8Administrative support
9Committees
10Delegation of functions
11Training of members
12Proceedings
13Validity of proceedings
14Transitional and transitory provision
SCHEDULE 2Local Licensing Forums
1Introductory
2Membership
3Convener
4Administrative support
5Meetings and proceedings
SCHEDULE 3Premises licences: mandatory conditions
1Interpretation
2Compliance with the operating plan
3Any other activity to be carried on in the premises...
4The premises manager
5Authorisation of sales of alcohol
6Training of staff
7Pricing of alcohol
8Irresponsible drinks promotions
9Provision of non-alcoholic drinks
10Payment of annual or recurring fees
SCHEDULE 4Occasional licences: mandatory conditions
1Interpretation
2Compliance with licence
3Any other activity to be carried on in the premises...
4Authorisation of sales of alcohol
5Voluntary organisations
6Pricing of alcohol
7Irresponsible drinks promotions
8Provision of non-alcoholic drinks
SCHEDULE 5Appeals
Part 1Appeals to the sheriff principal
Part 2Appeals to the sheriff
SCHEDULE 6Modification of enactments
1Children and Young Persons Act 1963 (c. 37)
2Countryside (Scotland) Act 1967 (c. 86)
3New Towns (Scotland) Act 1968 (c. 16)
4Water (Scotland) Act 1980 (c. 45)
5Local Government, Planning and Land Act 1980 (c. 65)
6Civic Government (Scotland) Act 1982 (c. 45)
7Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
8Crime and Punishment (Scotland) Act 1997 (c. 48)
9Scottish Public Services Ombudsman Act 2002 (asp 11)
10Freedom of Information (Scotland) Act 2002 (asp 13)
SCHEDULE 7Repeals

Licensing (Scotland) Act 2005

2005 asp 16

An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.