(1)If the holder of an off-sale licence or his employee or agent [F1sells to any person] alcoholic liquor to be consumed on the premises in respect of which the licence is held, the licence-holder, employee or agent, as the case may be, shall be guilty of an offence.
(2)If any person induces the holder of an off-sale licence in respect of any premises, or the employee or agent of the licence-holder, to sell F2 . . . to him any alcoholic liquor, and consumes such liquor or any part thereof in those premises, he shall be guilty of an offence.
(3)If the holder of an off-sale licence, or his employee or agent takes, or causes or permits any other person to take, any alcoholic liquor from the premises in respect of which he holds such licence, either—
(a)for the purposes of its being sold or hawked on his account or for his benefit or profit, or
(b)for the purpose of its being consumed for his benefit or profit in any house or other premises belonging to him, or hired, used or occupied by him, or in which he may be interested, the licence-holder, employee or agent, as the case may be, shall be guilty of an offence.
(4)A holder of an off-sale licence or his employee or agent shall be guilty of an offence if he sells wine (including made-wine) in an open vessel.
Textual Amendments
F1Words in s. 97(1) substituted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 15(a); S.I. 1991/2862, art. 3, Schedule.
F2Words in s. 97(2) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 15(b), Sch. 9 (Sch. 8 Pt. I of that Act, by virtue of which the specified words were omitted, was brought into force on 31.12.1991 by S.I. 1991/2862, art. 3, Sch.; 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.)
Textual Amendments applied to the whole legislation
F3Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing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