Licensing (Scotland) Act 2005

Valid from 01/09/2009

140 Presumption as to liquid contents of containers S

(1) This section applies for the purpose of any trial in proceedings for an alleged offence under any provision of this Act.

(2) Where—

(a) liquid is found in a container (whether open or sealed), and

(b) there is on the container a description of the liquid contents of the container,

the liquid found is to be presumed to be liquid of that description.

(3) Where an open container is found which—

(a) contains—

(i) no liquid, or

(ii) an amount of liquid insufficient to allow analysis of it,

(b) was sealed at the time it was sold or supplied, and

(c) has on it a description of the liquid contents of the container,

the container is to be presumed to have contained, at the time it was sold or supplied, liquid of that description.

(4) At the trial, any party to the proceedings may rebut the presumption mentioned in subsection (2) or (3) by proving that, at the time of its sale or supply, the liquid in the container was not of the description on the container.

(5) However, a party may lead evidence for the purpose of rebutting the presumption only if the party has, not less than 7 days before the date of the trial, given notice of the intention to do so to the other parties.