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Licensing (Scotland) Act 2005
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Licensing (Scotland) Act 2005, Section 1 is up to date with all changes known to be in force on or before 07 February 2025. 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 1:
- 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)
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)
1Prohibition of unlicensed sale of alcoholS
This section has no associated Explanatory Notes
(1)Alcohol is not to be sold on any premises except under and in accordance with—
(a)a premises licence, or
(b)an occasional licence,
granted under this Act in respect of the premises.
(2)Subsection (1) does not apply to the selling of alcohol—
(a)on exempt premises, or
(b)to trade.
(3)A person who—
(a)sells alcohol, or
(b)F1... allows alcohol to be sold,
in breach of subsection (1) commits an offence.
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to—
(a)a fine not exceeding £20,000,
(b)imprisonment for a term not exceeding 6 months, or
(c)both.
Textual Amendments
F1Word in s. 1(3)(b) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I1S. 1 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
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