Licensing (Scotland) Act 1976 (repealed)

38 Power of licensing board to make byelaws. S

(1) Without prejudice to its other powers under this Act, a licensing board may make byelaws for any of the following purposes—

(a) for closing licensed premises wholly or partially on New Year’s Day, and on such other days not being more than four in any one year as the board may think expedient for special reasons;

(b) or prohibiting holders of licenses from residing in their licensed premises, or for requiring the dwellinghouses of holders of licences to be separate from their licensed premises;

(c) for requiring all wines, made-wines and spirits sold by the holder of an off-sale licence to be sold in corked, stoppered or sealed vessels, cans, jars or casks;

(d) for requiring every holder of a hotel or public house licence to keep in his licensed premises and to renew from day to day a sufficient supply of drinking water, and such eatables as may be specified in the byelaw, and to display, offer and supply the same as may be required by the byelaw;

(e) for printing a list of all applications coming before any meeting of the licensing board, with such other information as may be considered necessary by the board;

(f) for the setting out of conditions which may be attached to licences for the improvement of standards of, and conduct in, licensed premises;

(g) for the granting of a licence of a type other than that applied for;

Provided that a byelaw made under paragraph (c) above shall not apply to licensed premises where no groceries are kept or sold and where a bona fide wholesale business in alcoholic liquor is carried on.

(2) Byelaws made under subsection (1) above shall not have effect until they are confirmed by the Secretary of State, and the provisions of subsections (4) to (12) and (15) of section 202 of the M1 Local Government (Scotland) Act 1973 and of section 204 of that Act shall, with any necessary modifications, apply in relation to byelaws to be made or made under this section as they apply in relation to byelaws to be made or made under that Act.

(3) When granting a licence, a licensing board may attach to the licence any condition set out in a byelaw by virtue of paragraph (f) of subsection (1) above.

(4) The holder of any licence or any employee or agent of his shall be guilty of an offence if he commits a breach of any byelaw or any condition attached to a licence by virtue of a byelaw.

Marginal Citations

M1 1973 c. 65(81:2).