SCHEDULE 4SOccasional licences: mandatory conditions
(introduced by section 60(1))
InterpretationS
1SIn this schedule, “the premises” means, in relation to any occasional licence, the premises specified in the licence.
Commencement Information
I1Sch. 4 para. 1 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Compliance with licenceS
2(1)Alcohol may be sold on the premises only in accordance with the terms of the licence.S
(2)Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).
Commencement Information
I2Sch. 4 para. 2 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
3SAny other activity to be carried on in the premises may be carried on only in accordance with the description of the activity contained in the licence.
Commencement Information
I3Sch. 4 para. 3 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Authorisation of sales of alcoholS
4(1)The condition specified in sub-paragraph (2) applies only to an occasional licence issued to the holder of a premises licence or personal licence.S
(2)Every sale of alcohol made on the premises to which the licence relates must be authorised (whether generally or specifically) by the holder of a personal licence.
Commencement Information
I4Sch. 4 para. 4 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Voluntary organisationsS
5(1)The condition specified in sub-paragraph (2) applies only to an occasional licence issued to a representative of a voluntary organisation.S
(2)Alcohol may be sold on the premises only at an event taking place on the premises in connection with the voluntary organisation's activities.
Commencement Information
I5Sch. 4 para. 5 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
[F15B(1)A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.S
(2)Sub-paragraph (1) applies—
(a)only where each of the alcoholic products is for sale on the premises separately, and
(b)regardless of whether or not the package also contains any item which is not an alcoholic product.
(3) In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale. ]
Textual Amendments
F1Sch. 4 para. 5B inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 2(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Pricing of alcoholS
6SWhere the price at which any alcohol sold on the premises [F2for consumption on the premises] is varied—
(a)the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
(b)no further variation of the price at which that or any other alcohol is sold on the premises [F2for consumption on the premises] may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
Textual Amendments
F2Words in Sch. 4 para. 6 inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 3(4), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Commencement Information
I6Sch. 4 para. 6 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
[F36ASWhere the price at which any alcohol sold on the premises for consumption off the premises is varied—
(a) the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and
(b)no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.]
Textual Amendments
F3Sch. 4 para. 6A inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 3(5), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Irresponsible drinks promotionsS
7(1)An irresponsible drinks promotion must not be carried on in or in connection with the premises.S
(2)Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—
(a)relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,
(b)involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),
(c)involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,
(d)involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),
(e)encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,
(f)is based on the strength of any alcohol,
(g)rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or
(h)offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
(3)Paragraphs [F4(c) to (e)] of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
(4)The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—
(a)add further descriptions of drinks promotions,
(b)modify any of the descriptions of drinks promotions for the time being listed in it, or
(c)extend or restrict the application of any of those descriptions of drinks promotions.
(5)In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.
Textual Amendments
F4Words in Sch. 4 para. 7(3) substituted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 4(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Commencement Information
I7Sch. 4 para. 7 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
Provision of non-alcoholic drinksS
8(1)The conditions specified in this paragraph apply only to the extent that the occasional licence authorises the sale of alcohol for consumption on the premises.S
(2)Tap water fit for drinking must be provided free of charge on request.
(3)Other non-alcoholic drinks must be available for purchase at a reasonable price.
Commencement Information
I8Sch. 4 para. 8 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
[F5Age verification policyS
Textual Amendments
F5Sch. 4 para. 9 and cross-heading inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 6(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
9(1)There must be an age verification policy in relation to the sale of alcohol on the premises.S
(2) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“ the customer ”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).
(3)The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.]