The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009

Modification of relevant byelaws

3.—(1) The relevant byelaws shall continue to have effect subject to the following amendments:–

(a) references to “alcoholic liquor” shall be read as references to “alcohol” within the meaning given by section 2 (meaning of alcohol) of the Licensing (Scotland) Act 2005;

(b) references to “licensed premises” shall have the same meaning as in section 147(1) (interpretation) of that Act but does not include premises in respect of which there is a provisional premises licence (within the meaning of section 45(5) (provisional premises licence) of that Act);

(c) references to “occasional licence” shall have the same meaning as in section 56(1) (occasional licence) of that Act; and

(d) references to “licensed canteen”, “registered club” and “occasional permission” shall cease to have effect.

(2) In this article “relevant byelaw” means a byelaw made under sections 201 (byelaws for good rule and government) and 203 (offences against byelaws) of the Local Government (Scotland) Act 1973(1) that–

(a) is in force immediately prior to 5.00 a.m. on 1st September 2009; and

(b) relates to the consumption of alcoholic liquor in a public place.

(1)

1973 c.65. Section 201 was amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 92(61). Section 203 was amended by sections 289C, 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c.21).