Licensing (Scotland) Act 1976 (repealed)

SCHEDULES

Section 9.

SCHEDULE 1 S Types of Licence

Public house licence S

A public house licence is a licence granted in respect of a public house specified therein which authorises the holder thereof to sell by retail alcoholic liquor for consumption on or off the premises.

Off-sale licence S

An off-sale licence is a licence granted in respect of premises specified therein which authorises the holder thereof to sell by retail alcoholic liquor for consumption off the premises only.

Hotel licence S

A hotel licence is a licence granted in respect of a hotel specified therein which authorises the holder thereof to sell by retail alcoholic liquor for consumption on or off the premises.

Restricted hotel licence S

A restricted hotel licence is a licence which—

(a) is granted in respect of a hotel specified therein which—

(i) is structually adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening or both for the accommodation of persons frequenting the premises of such hotel;

(ii) so far as it is used or intended to be used for the purpose of providing meals to persons who are not residing there, is principally used, or intended to be used, for providing the customary main meal at midday or in the evening or both; and

(iii) does not contain a bar counter; and

(b) authorises the holder thereof—

(i) to sell by retail or supply alcoholic liquor in the said premises to persons taking table meals there, for consumption by such a person as an ancillary to his meal;

(ii) to sell by retail or supply alcoholic liquor in those premises to persons residing there, for consumption on the premises by such a person or by a private friend of such a person who is bona fide entertained by and at the expense of that person;

(iii) to supply alcoholic liquor in those premises to any private friends of a person residing there who are bona fide entertained by and at the expense of that person for consumption on the premises by such a friend entertained as aforesaid; and

(iv) to sell or supply alcoholic liquor in those premises to persons residing there, for consumption by such a person or by a private friend of such a person who is bona fide entertained by, and at the expense of, that person as an ancillary to a meal supplied at, but to be consumed off, the premises; or

(v) if the application is made in that behalf, to sell or supply alcoholic liquor only as described in sub-paragraphs (ii) to (iv) above.

Restaurant licence S

A restaurant licence is a licence granted in respect of premises specified therein which—

(a) is granted in respect of premises which—

(i) are structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing meals for the accommodation of persons frequenting the premises;

(ii) so far as they are used, or intended to be used, for the said purpose, are principally to be used, or intended to be used, for providing the customary main meal at midday or in the evening, or both; and

(iii) do not contain a bar counter; and

(b) authorises the holder thereof to sell by retail or supply alcoholic liquor in the said premises to persons taking table meals there, for consumption by such a person as an ancillary to his meal.

Refreshment Licence S

A refreshment licence is a licence granted in respect of premises specified therein which—

(a) is granted in respect of premises which—

(i) are structurally adapted and bona fide used or intended to be used for the provision of refreshments, including food and non-alcoholic beverages for consumption on the premises; and

(ii) do not contain a bar counter; and

(b) authorises the holder thereof to sell by retail or supply alcoholic liquor for consumption on the premises when food and non-alcoholic beverages are also on sale, provided that no alcoholic liquor is sold or supplied for consumption off the premises.

Entertainment Licence S

An entertainment licence is a licence granted in respect of premises specified therein, being places of public entertainment such as cinemas, theatres, dance halls and proprietary clubs, which authorises the holder thereof to sell by retail or supply alcoholic liquor to persons frequenting the premises for consumption on the premises as an ancillary to the entertainment provided, subject to such conditions as the licensing board may determine to ensure that such sale or supply is ancillary to the entertainment provided.

Sections 41 and 43.

SCHEDULE 2 S Seamen’s Canteens Grant and Transfer of Licences under Part III of this Act

Part I S Applications for grant of licences

1 (1) The applicant for the grant of a licence under Part III of this Act shall, not less than five weeks before the hearing of the application, give notice in writing of the application to the chief constable and the clerk of the licensing board and serve both of them with a copy of— S

(i) the certificate of the Secretary of State,

(ii) the draft rules which it is proposed to make as respects the persons entitled to use the canteen,

(iii) a plan of the canteen and particulars of the access to the canteen and of the sanitary accommodation for persons using the canteen.

(2) The clerk of the licensing board shall, not later than three weeks before the hearing of the application, cause to be published notice of the application in one or more newspapers circulating in the licensing area.

(3) A notice under this paragraph shall state the name and address of the person who is to be the holder of the licence, the types of alcoholic liquor it is desired to sell under the licence, and the situation of the canteen.

2 S Where an applicant has, through inadvertence or misadventure, failed to comply with the foregoing paragraph, the licensing board may, upon such terms as it thinks fit, postpone consideration of the application and, if upon any such postponed consideration it is satisfied that any terms so imposed have been complied with, may deal with the application as if that paragraph had been complied with.

Part II S Application for and grant of provisional licences

3 S The provisions of Part III of this Act relating to the grant of a licence, and the foregoing provisions of this Schedule, shall apply in relation to the grant of a provisional licence subject to the modifications specified in this Part of this Schedule.

4 (1) A notice under paragraph 1 above need not state the name and address of the person who is to be the holder of the licence, and references in that paragraph to the canteen shall be taken as references to the proposed canteen after the construction or conversion has been carried out. S

(2) Paragraph (a) of section 41(1) of this Act shall be omitted, and the reference in paragraph (b) of that subsection to the premises shall be taken as a reference to those premises when the construction or conversion has been carried out.

5 (1) A provisional licence shall not come into force until the licensing board has made it final. S

(2) The licensing board shall not refuse an application to declare a provisional licence final, except, subject to sub-paragraph (3) below, on either or both of the following grounds—

(a) that the canteen has not been constructed or converted in accordance with the plan lodged with the licensing board;

(b) that the person to whom the licence is to be granted is disqualified by or under this or any other enactment from holding a licence or is in other respects not a fit and proper person to hold a licence under Part III of this Act.

(3) A licensing board shall declare final a provisional licence notwithstanding that it is not satisfied that the premises have been completed in accordance with the plan thereof lodged with the board, if it is satisfied that the premises have been completed and that the deviations from the said plan are of minor importance and have not materially altered the character of the premises or the facilities for the supply of alcoholic liquor thereat.

(4) An applicant under this paragraph shall give such notices as the licensing board may require.

Part III S Application for transfer

6 (1) A person applying to the licensing board for the transfer of a licence under Part III of this Act shall, not less than two weeks before the meeting of the board, give notice in writing to the chief constable. S

(2) A notice under this paragraph shall state the name and address of the person to whom the licence is proposed to be transferred and his occupation during the six months preceding the giving of the notice.

7 S Paragraph 2 above shall apply in relation to paragraph 6 above as it applies in relation to paragraph 1 above.

F1 F1 SCHEDULE 3 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2)

Section 53.

SCHEDULE 4 S Sunday Opening of Premises in Respect of which a Public House Licence or Refreshment Licence is or will be in force and Sunday Restriction Orders Relating to Licensed Premises

Part I S Applications for Sunday opening

1 S Applications may be made to a licensing board in accordance with the provisions of this Schedule for permission to open premises on Sundays . . . F2 , and any such application is referred to in this Schedule as “an application for Sunday opening”.

Textual Amendments

F2 Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(8)(a), Sch. 9 (s. 46 of that Act, by virtue of which the specified words ceased to have effect, was brought into force on 1.1.1991 by s. 75(3)(a) of that same 1990 Act; the repeal of the specified words by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.)

1 Applications may be made to a licensing board in accordance with the provisions of this Schedule for permission to open premises on Sundays F16 . . ..and any such application is referred to in this Schedule as “an application for Sunday opening”.

Textual Amendments

F16 Words repealed by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(a), 75(3)(a), Sch. 9

2 S The holder of a public house licence or a refreshment licence in respect of any premises may make an application for Sunday opening of the premises, and any such application shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.

3 S The clerk of a licensing board shall, not later than three weeks before the first day of the meeting of the board at which the applications are to be considered, cause to be published in one or more newspapers circulating in the area of the board a list of all competent applications for Sunday opening made to the board under paragraph 2 above.

4 S The list mentioned in paragraph 3 above shall specify—

(a) the name, designation and address of the applicant;

(b) the address of the premises in respect of which the application is made;

(c) the first day of the meeting of the licensing board at which the application is to be considered.

5 S Section 10(2)(b) and section 10(5) of this Act shall, with any necessary modifications, apply in relation to an application for Sunday opening as they apply in relation to an application for the grant of a new licence.

6 S It shall be competent for any person mentioned in section 16(1) of this Act to object in relation to any application made under paragraph 2 above, and the provisions of subsections (2) to (4) of that section shall apply in relation to such objections.

7 S A licensing board shall refuse an application made under paragraph 2 above if it is satisfied that the opening and use on a Sunday of the premises to which the application relates would cause undue disturbance or public nuisance in the locality, but otherwise shall grant the application.

8 S The consequence of the refusal of an application under paragraph 7 above in respect of any premises is that, except as otherwise provided by this Act there shall be no permitted hours in those premises on a Sunday.

9 S An applicant may appeal to the sheriff against a decision of a licensing board to refuse an application under paragraph 7 above.

10 S Any competent objector who appeared at the hearing of any application made under paragraph 2 above may appeal to the sheriff against a decision of the licensing board to grant the application.

11 S A licensing board shall not within two years of its refusal of an application made under paragraph 2 above in respect of any premises entertain another such application in respect of those premises.

12—14. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 4 paras. 12–14 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(d), 74, Sch.9 (s. 46 of that Act, by virtue of which the specified paragraphs ceased to have effect, was brought into force on 1.1.1991 by s. 75(3)(a) of that same 1990 Act; the repeal of the specified paragraphs by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.)

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

12—14.

Textual Amendments

F17 Sch. 4 paras. 12–14, 16, 17 repealed by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(d), 74, Sch. 9

15 S The grant of an application for Sunday opening under paragraph 2 . . . F4 shall come into effect on the making of the grant except that where there were objections at the hearing the grant shall not come into effect until—

(a) the time within which an appeal may be made has elapsed, or

(b) where an appeal has been lodged, the appeal has been abandoned or determined in favour of the applicant for the grant.

Textual Amendments

F4 Words in Sch. 4 para. 15 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(b), 74(2), Sch.9 (s. 46 of that Act, by virtue of which the specified words ceased to have effect, was brought into force on 1.1.1991 by s. 75(3)(a) of that same 1990 Act; the repeal of the specified words by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.)

15 The grant of an application for Sunday opening under paragraph 2 . . . F18 shall come into effect on the making of the grant except that where there were objections at the hearing the grant shall not come into effect until—

(a) the time within which an appeal may be made has elapsed, or

(b) where an appeal has been lodged, the appeal has been abandoned or determined in favour of the applicant for the grant.

Textual Amendments

F18 Words repealed by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(b), 74(2), Sch. 9

[F5 15A S If an application for renewal of a public house licence or a refreshment licence includes a statement that the applicant intends that the premises should be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday and if there is currently in force the grant of an application for Sunday opening, that grant shall continue to have effect—

(a) until the renewal application is granted by the board;

(b) if the renewal application is refused by the board, or refused in respect of Sunday opening, until the time within which an appeal may be made has elapsed, or if an appeal has been lodged, until the appeal has been abandoned or determined.]

Textual Amendments

F5 Sch. 4 para. 15A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(8)(c)

16, 17. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 4 paras. 16, 17 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(d), 74, Sch.9 (s. 46 of that Act, by virtue of which the specified paragraphs ceased to have effect, was brought into force on 1.1.1991 by s. 75(3)(a) of that same 1990 Act; the repeal of the specified paragraphs by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.)

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

16, 17.

Textual Amendments

F19 Sch. 4 paras. 16, 17 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 46(8)(d), 74, Sch. 9

18 S The grant of an application for Sunday opening shall cease to have effect when the licence to which it relates ceases to have effect.

Part II S Sunday restriction orders

F7 19 Where on a complaint being made to a licensing board by any person mentioned in section 16(1) of this Act, the board is satisfied that the use of licensed premises is the cause of undue disturbance or public nuisance having regard to the way of life in the community in the locality on a Sunday, the board may make an order (in this Part of this Schedule referred to as a “Sunday restriction order”) and the effect of the Sunday restriction order is that there shall be no permitted hours on Sunday for such period as may be specified in the order or that the permitted hours on Sunday shall be reduced by such a time and for such a period as may be so specified.

Textual Amendments

F7 Sch. 4 paras. 19-22 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 74, 75(2), Sch. 9

F8 20 The provisions of subsection (4) to (6) of section 31 of this Act shall, with any necessary modifications, apply in relation to a Sunday restriction order as they apply in relation to the suspension of a licence.

Textual Amendments

F8 Sch. 4 paras. 19-22 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 74, 75(2), Sch. 9.

F9 21 The licensing board may make a Sunday restriction order in relation to individual premises or in relation to a group of premises in respect of which the same type of licence is held.

Textual Amendments

F9 Sch. 4 paras. 19-22 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 74, 75(2), Sch. 9.

F10 22 Subsection (4) to (8) of section 65 of this Act shall apply in relation to a Sunday restriction order as they apply in relation to a restriction order under that section.

Textual Amendments

F10 Sch. 4 paras. 19-22 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 74, 75(2), Sch. 9.

Section 67.

SCHEDULE 5 S Penalties for Offences Against Provisions of this Act

1Provision of this Act creating the offence	2Rough description of offence	3Whether licence-holder vicariously responsible	4 Whether licence-holder and premises liable to disqualification	5Penalty
Section 2	Interested person acting as member of licensing board.			[F11 level 5 on the standard scale]
Section 7(3)	Clerk of licensing board acting for person in proceedings before board.			[F11 level 5 on the standard scale]
Section 19(1)	Canvassing member of licensing board.			[F11 level 3 on the standard scale]
Section 2 9(2)	Unlawful sale of spirits.	Yes	Yes	[F11 level 5 on the standard scale]
Section 33(4) and (5)	Contravention of condition of occasional licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 34(3)	Contravention of condition of occasional permission.			[F11 level 3 on the standard scale]
Section 34(6)	Failure to ensure observance of provisions relating to conduct of licensed premises.			[F11 level 3 on the standard scale]
Section 3 6(3)	Failing to comply with order to carry out structural alterations.		Yes	[F11 level 3 on the standard scale] and £5 for every day of default.
Section 38(4)	Contravention of any byelaw or condition attached to licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 41(1)	Selling unauthorised liquor in canteen.	Yes	Yes	[F11 level 3 on the standard scale]
Section 41(3)	Failure to provide food etc. in canteen.	Yes	Yes	[F11 level 3 on the standard scale]
. . . F12	. . . F12	. . . F12	. . . F12	. . . F12
Section 54(1)(a)	Sale or supply of liquor in licensed premises or canteen or club outwith permitted hours.	Yes	Yes	[F11 level 3 on the standard scale]
Section 54(1)(b)	Consuming liquor in licensed premises or canteen or club outwith permitted hours.			[F11 level 3 on the standard scale]
Section 57(7)	Failure of club secretary to notify licensing board of alterations to premises with extended afternoon hours.			[F11 level 3 on the standard scale]
Section 57(8)	Failure to display notice of extended afternoon hours.			[F11 level 1 on the standard scale]
Section 58(7)	Failure of club secretary to notify licensing board of alterations to premises with extended evening hours.			[F11 level 3 on the standard scale]
Section 58(8)	Failure to display notice of extended evening hours.			[F11 level 1 on the standard scale]
Section 59(7)	Failure to display notice in public house of permitted hours on Sunday.			[F11 level 1 on the standard scale]
Section 64(6)	Contravention of condition of grant of an extension of permitted hours.	Yes	Yes	[F11 level 3 on the standard scale]
Section 68(1)	Selling liquor to, or allowing consumption by persons under 18 in a bar.	Yes	Yes	[F11 level 3 on the standard scale]
Section 68(2)	Purchase of liquor in licensed premises, or consumption of liquor in a bar, by person under 18.			[F11 level 3 on the standard scale]
Section 68(3)	Acting as agent for person under 18 in purchase of liquor or purchasing liquor for person under 18 or purchasing liquor for person under 18 to consume in a bar.			[F11 level 3 on the standard scale]
Section 68(5)	Delivering liquor to a person under 18.	Yes	Yes	[F11 level 3 on the standard scale]
Section 69(1)	Permitting person under 14 in a bar or canteen during permitted hours.	Yes	Yes	[F11 level 3 on the standard scale]
Section 69(2)	Bringing person under 14 into a bar during permitted hours.			[F11 level 3 on the standard scale]
Section 70(1)	Permitted unaccompanied person under 14 in premises with refreshment licence during permitted hours	Yes	Yes	[F11 level 3 on the standard scale]
Section 70(1)	Permitting person under 14 to remain in premises with refreshment licence after 8 p.m.	Yes	Yes	[F11 level 3 on the standard scale]
Section 72(2)	Employing person under 18 in bar or canteen during permitted hours.	Yes	Yes	[F11 level 3 on the standard scale]
Section 73(1)	Employing person under 18 to serve liquor in premises with refreshment licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 74(1)	Entering licensed premises while drunk.			[F11 level 1 on the standard scale]
Section 74(2)	Being in licensed premises while drunk.			[F11 level 1 on the standard scale]
Section 75(1)	Procuring liquor in licensed premises for drunken person.			[F11 level 3 on the standard scale]
Section 75(2)	Aiding a drunken person to obtain liquor.			[F11 level 3 on the standard scale]
Section 76	Sale or supply of liquor to drunken person.	Yes	Yes	[F11 level 3 on the standard scale]
Section 77	Licence holder or employee or agent drunk in licensed premises or canteen.	Yes	Yes	[F11 level 3 on the standard scale] and/or imprisonment for 60 days.
Section 78(1)(a)	Behaving in disorderly manner in licensed premises or canteen.			[F11 level 3 on the standard scale]
Section 78(1)(b)	Using obscene language in licensed premises or canteen.			[F11 level 3 on the standard scale]
Section 78(2)	Permitting breach of the peace, drunkeness, or riotious or disorderly conduct in licensed permises or canteen.	Yes	Yes	[F11 level 3 on the standard scale]
Section 79(1)(a) or (b)	Refusing to leave licensed premises or canteen.			[F11 level 1 on the standard scale]
Section 80	Permitting thieves, prostitutes, etc., or stolen goods in licensed premises.	Yes	Yes	[F11 level 3 on the standard scale]
Section 81	Permitting unlawful games in licensed premises.	Yes	Yes	[F11 level 3 on the standard scale]
Section 82	Drinking in premises where liquor sold without a licence.			[F11 level 1 on the standard scale]
Section 83(1)	Consuming liquor in unlicensed places of public refreshment when public house closed.			[F11 level 3 on the standard scale]
Section 83(2)	Permitting consumption of liquor outwith permitted hours in unlicensed places of public refreshment.			[F11 level 3 on the standard scale]
Section 84	Permitting a constable on duty to remain on the premises or supplying him with liquor.	Yes	Yes	[F11 level 3 on the standard scale]
Section 85	Refusing to admit a constable to licensed premises or canteen for the execution of his duty.	Yes	Yes	[F11 level 3 on the standard scale]
Section 86	Refusing to admit a constable or obstructing his entry to unlicensed premises.			[F11 level 3 on the standard scale]
Section 87(1)(a)	Selling or supplying liquor on credit in licensed premises other than hotel or restaurant licensed premises or in club or canteen.	Yes	Yes	[F11 level 3 on the standard scale].
Section 87(1)(b)	Consuming liquor on credit in licensed premises other than hotel or restaurant licensed premises or in club or canteen.			[F11 level 3 on the standard scale]
Section 88	Selling fraudulently adulterated food or drink.	Yes	Yes	[F11 level 3 on the standard scale]
Section 89	Failing to close on order of sheriff or licensing board.	Yes	Yes	[F11 level 3 on the standard scale]
Section 90(a)	Trafficking in liquor without a licence.			[F11 level 5 on the standard scale]
Section 90(b)	Bartering or selling spirits without a licence.			[F11 level 5 on the standard scale]
Section 90(c)	Hawking alcoholic liquor.	Yes	Yes	[F11 level 3 on the standard scale]
[F13 Section 90A(1)]	[F13 Dealing wholesale other than from permitted premises]	[F13 Yes]		[F13 F13 level 5 on the standard scale.]
[F13 Section 90A(2)]	[F13 Wholesaler selling liquor to person under 18]	[F13 Yes]		[F13 F13 level 3 on the standard scale.]
[F13 Section 90A(3)]	[F13 Wholesaler permitting person under 18 to sell alcohol without approval]	[F13 Yes]		[F13 F13 level 1 on the standard scale.]
Section 91(1)(a) or (b)	Delivery of liquor from vehicles without proper entries in day book and invoice.	Yes	Yes	[F11 level 3 on the standard scale]
Section 91(2)	Carrying or delivering liquor in vehicles without entries in day book and invoice.	Yes	Yes	[F11 level 3 on the standard scale]
Section 91(3)	Refusing to allow a constable to examine the vehicle delivering liquor, or to examine day book and/or invoice.	Yes	Yes	[F11 level 3 on the standard scale]
Section 92(1)	Permitting liquor in crates on public service vehicle.			[F11 level 3 on the standard scale] for public service vehicle licence-holder. [F11 level 1 on the standard scale] for any other person.
Section 92(2)	Procuring or attampting to procure contravention of subsection (1).			[F11 level 1 on the standard scale]
Section 93	Sale of liquor on passenger vessels outwith Sunday permitted hours.			[F11 level 3 on the standard scale]
Section 94(1)	Wholesaler permitting breach of the peace on the premises.			[F11 level 3 on the standard scale]
Section 94(1)	Wholesaler selling liquor to drunk persons, or selling liquor on Sundays.			[F11 level 3 on the standard scale]
Section 95	Sale or supply for consumption outside registered club by non-members.			[F11 level 3 on the standard scale]
Section 96(a)	Sale or supply of liquor in licensed canteen for consumption off the premises.	Yes	Yes	[F11 level 3 on the standard scale]
Section 96(b)	Taking liquor from licensed canteen for consumption off the premises.			[F11 level 3 on the standard scale]
Section 97(1)	Permitting consumption of liquor on off-sale licensed premises.	Yes	Yes	[F11 level 3 on the standard scale]
Section 97(2)	Consuming liquor on off-sale licensed premises.			[F11 level 3 on the standard scale]
Section 97(3)	Taking liquor from off-sale premises for sale.	Yes	Yes	[F11 level 1 on the standard scale]
Section 97(4)	Selling liquor in open vessels on off-sale licensed premises.	Yes	Yes	[F11 level 3 on the standard scale]
[F14 Section 97A]	[F14 Permitting person under 18 to sell alcohol without approval]	[F14 Yes]	[F14 Yes]	[F14 level 3 on the standard scale.]
Section 98(1)	Selling or supplying liquor other than to residents and/or with table meal in premises with restricted hotel licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 98(2)	Trafficking in or supplying liquor, except to residents, for consumption off premises subject to restricted hotel licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 99(a)	Selling or supplying liquor in premises subject to restaurant licence except with meals.	Yes	Yes	[F11 level 3 on the standard scale]
Section 99(b)	Trafficking in or supplying liquor for consumption off premises subject to restaurant licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 100(a)	Trafficking in or selling liquor for consumption off premises subject to refreshment licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 100(b)	Selling liquor in premises subject to refreshment licence when other refreshments are not for sale.	Yes	Yes	[F11 level 3 on the standard scale]
Section 101(1)	Trafficking in or supplying liquor for consumption off premises subject to entertainment licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 101(2)	Contravention of conditions attached to entertainment licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 103	Making false statement in application for certificate of registration of club.			[F11 level 5 on the standard scale]
Section 111	Conducting club in manner giving rise to objections mentioned in paragraph (f), (i), (j) or (l) of section 108 of this Act.			[F11 level 3 on the standard scale]
Section 112(1)	Permitting person under 14 in bar of registered club during permitted hours.			[F11 level 3 on the standard scale]
Section 112(3)	Causing person under 14 to be in bar of registered club during permitted hours.			[F11 level 3 on the standard scale]
Section 113	Employing person under 18 in bar of club to serve liquor.			[F11 level 3 on the standard scale]
Section 114(2)	Refusing to give name and address or giving false name or address to constable in a registered club.			[F11 level 3 on the standard scale]
Section 119	Selling liquor on off-sale premises outwith permitted hours or contravening condition of an off-sale licence.	Yes	Yes	[F11 level 3 on the standard scale]
Section 120(1)	Selling or supplying liquor in unregistered club.			[F11 level 3 on the standard scale]
Section 120(1)	Paying for liquor supplied in unregistered club.			[F11 level 3 on the standard scale]
Section 120(2)	Keeping liquor for sale or supply in unregistered club.			[F11 level 3 on the standard scale]
Section 120(7)	Refusing to give name and address to constable in unregistered club.			[F11 level 1 on the standard scale]
Section 123(2)	Selling confectionery containing alcoholic liquor to person under 16.			[F11 level 3 on the standard scale]

Textual Amendments

F11 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F12 Entry repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81), Sch. 4

F13 Entry inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 52(2)

F14 Entry inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 54(3)

Sections 103 and 105.

SCHEDULE 6 S Forms Relating to Registration of Clubs

1 S Form of statement to accompany application by club for grant or renewal of certificate of registration

We, [here state names and qualifications for making statement] [where necessary add and I, owner of the premises to be occupied [oroccupied] by the club hereinafter mentioned] hereby certify that to the best of our knowledge and belief the club designated in the accompanying application is to be [or, in the case of an application by an existing club,has been and is to be] continued as abona fideclub, and not mainly for for the supply of alcoholic liquor.

[Signature, date and address of each person certifying, to be here inserted.]

2 S Form of certificate of registration of clubs to be granted under this Act

Certificate of Registration S

I, , sheriff clerk of, registrar of clubs, hereby certify that club of [here insert registered postal address of all premises used by the club) is registered under the Licensing (Scotland) Act 1976. This certificate shall remain in force until the day of 19 ; application for its renewal must be made not later than the day of, 19 .

Given under my hand this day of, 19 .Registrar of Clubs.

Section 136.

SCHEDULE 7 S Minor and Consequential Amendment of Enactments

Modifications etc. (not altering text)

C1 The text of Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The M1 Burgh Police (Scotland) Act 1892 S

Marginal Citations

M1 1892 c. 55.

1 In section 380(4) (penalties), for the word “exciseable" there shall be substituted the word “alcoholic".

2 In section 440 (brokers not to carry on business as publicans), for the word “exciseable" there shall be substituted the word “alcoholic".

3, 4. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 7 paras. 3, 4 repealed by Alcoholic Liquor Duties Act 1979 (c. 4, SIF 40:1), Sch. 4 Pt. I

The M2 Finance Act 1967 S

Marginal Citations

M2 1967 c. 54.

5 S In section 5(3) (abolition of club licences, etc.), for the word “1959" there shall be substituted the word “1976".

M3 Countryside (Scotland) Act 1967 S

Marginal Citations

M3 1967 c. 86.

6 S In section 78(1) (interpretation), for the definition of “refreshments" there shall be substituted the following definition—

“refreshments” includes alcoholic liquor within the meaning of the Licensing (Scotland) Act 1976; ”.

The M4 New Towns (Scotland) Act 1968 S

Marginal Citations

M4 1968 c. 16.

7 S In section 18(2) (disposal of land by development corporation), for the words “exciseable liquor" there shall be substituted the words “alcoholic liquor".

8 S In section 47(1) (interpretation), after the definition of “the Act of 1845” there shall be inserted the following definition—

“alcoholic liquor” has the meaning assigned by section 139(1) of the Licensing (Scotland) Act 1976; ”.

The M5 Gaming Act 1968 S

Marginal Citations

M5 1968 c. 65.

9 S In section 6 (general provisions as to gaming in licensed premises), the following amendments shall be made—

(a) in subsection (2)(a), for the word “certificate", in both places where it occurs, there shall be substituted the word “licence";

(b) in subsection (3), the words “or certificate" shall be omitted, and for the word “court" there shall be substituted the word “board";

(c) in subsection (4), for the word “court", in both places where it occurs, there shall be substituted the word “board";

(d) in subsection (5), for the word “court", in both places where it occurs, there shall be substituted the word “board";

(e) in subsection (6), for the word “court" there shall be substituted the word “board", and the words “or certificate", in both places where they occur, shall be omitted;

(f) in subsection (8), for the words after “1964" there shall be substituted the words “and “hotel licence”; “public house licence” and “licensing area” have the same meanings as in the Licensing (Scotland) Act 1976.".

10 S In section 7(2) (provisions as to persons under 18), the words “or certificate" shall be omitted.

11 S In section 8(7) (offences), for the words “subsection (7) of section 14 of the Licensing (Scotland) Act 1962" there shall be substituted the words “Schedule 5 to the Licensing (Scotland) Act 1976", and for the words “the said section 14" there shall be substituted the words “section 67 of the said Act of 1976".

12 S In paragraph 23 of Schedule 9 (permits under section 34), for the words from “ “hotel”" onwards there shall be substituted the words “ “public house licence” and “hotel licence” have the same meanings as in Schedule 1 to the Licensing (Scotland) Act 1976."

Section 136.

SCHEDULE 8 S Repeals

Modifications etc. (not altering text)

C2 The text of Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Chapter	Short Title	Extent of repeal
61 & 62 Vict. c. 60.	The Inebriates Act 1898.	In section 30, the words “the Licensing (Scotland) Act 1959, section 160".
7 & 8 Eliz. 2. c. 51.	The Licensing (Scotland) Act 1959.	The whole Act.
10 & 11 Eliz. 2. c. 51.	The Licensing (Scotland) Act 1962.	The whole Act.
10 & 11 Eliz. 2. c. 52.	The Penalties for Drunkenness Act 1962.	In section 1(2), the words “section 152 of the Licensing (Scotland) Act 1959" and the words “sections 153 and 154 of the Licensing (Scotland) Act 1959".
1963 c. 2.	The Betting, Gaming and Lotteries Act 1963.	In Schedule 1, paragraph 24(2).
1967 c. 14.	The Licensing (Certificates in Suspense) (Scotland) Act 1967.	The whole Act.
1967 c. 54.	The Finance Act 1967.	Section 5(1)(d).
		Schedule 8.
1968 c. 16.	The New Towns (Scotland) Act 1968.	In section 47(1), the definition of “exciseable liquor".
1968 c. 65.	The Gaming Act 1968.	In section 6, in subsection (3), the words “or certificate", and, in subsection (6), the words “or certificate", where twice occurring.
		In section 7(2), the words “or certificate".
		In Schedule 2, paragraph 33(2) and (3) and paragraph 34(2).
		In Schedule 9, paragraph 17.
1971 c. 65.	The Licensing (Abolition of State Management) Act 1971.	The whole Act.
1973 c. 65.	The Local Government (Scotland) Act 1973.	Section 91(6).
		Sections 185 and 186.
		Part I of Schedule 24.
1975 c. 20.	The District Courts (Scotland) Act 1975.	Section 10(5).
		Section 11(8).
		In section 13(1), the words “or (b) a licensing court or court of appeal for that area".
		Section 13(3).
		Section 17(2).
		Section 22.
		In section 26(1), the definitions of “licensing court" and “court of appeal".
		In Schedule 1, paragraph 28.