Licensing (Scotland) Act 1976 (repealed)

54 Prohibition of sale and consumption of alcoholic liquor except during permitted hours.F1 S

(1) Subject to the provisions of this Act, no person shall, except during the permitted hours—

(a) sell or supply to any person in any licensed premises, or licensed canteen, or in the premises of a registered club any alcoholic liquor to be consumed either on or off the premises, or

(b) consume in, or take from, any such premises any alcoholic liquor.

(2) Subsection (1) above shall not apply to off-sale premises or to the off-sale part of premises (within the meaning of section 119 of this Act) in respect of which a public house licence or hotel licence is held.

(3) Nothing in subsection (1) above shall prohibit or restrict—

(a) the consumption of alcoholic liquor in any premises at any time within fifteen minutes after the conclusion of the permitted hours in the afternoon or evening, as the case may be, if such liquor was supplied in those premises during the permitted hours;

(b) the taking of alcoholic liquor from any premises within fifteen minutes after the conclusion of the permitted hours in the afternoon or evening, as the case may be, if such liquor was supplied in those premises during the permitted hours and was not supplied or taken away in an open vessel;

(c) the sale or supply to, or consumption by, any person of alcoholic liquor in any premises where he is residing;

(d) the taking of alcoholic liquor from any premises by a person residing there;

(e) the supply of alcoholic liquor in any premises, for consumption on those premises, to any private friends of a person residing there who are bona fide entertained by, and at the expense of, that person, or the consumption by such friends of alcoholic liquor so supplied to them;

(f) the ordering of alcoholic liquor to be consumed off the premises or the despatch by the vendor of liquor so ordered;

(g) the supply of alcoholic liquor for consumption on licensed premises to any private friends of the holder of the licence bona fide entertained by him at his own expense, or the consumption of alcoholic liquor by persons so supplied;

(h) the consumption of alcoholic liquor at a meal by any person at any time within half an hour after the conclusion of the permitted hours in the afternoon or evening, as the case may be, if the liquor was supplied during the permitted hours and served at the same time as the meal and for consumption at the meal;

(i) the sale of alcoholic liquor to a trader for the purposes of his trade, or to a registered club for the purposes of the club; or

(j) the sale or supply of alcoholic liquor to any canteen in which the sale or supply of alcoholic liquor is carried on under the authority of the Secretary of State or to any authorised mess of members of Her Majesty’s naval, military or air forces.

(4) If any person contravenes this section he shall be guilty of an offence.

(5) Nothing in this Act shall be taken to require any premises to be open for the sale or supply of alcoholic liquor during the permitted hours.

Textual Amendments applied to the whole legislation

F1 Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I 2007/129, art. 3, sch.; S.S.I 2007/472, arts. 2, 3, sch. 1, sch. 2