Citation, commencement and application1
1
This Order may be cited as the Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 and comes into force at 5.00 a.m. on 1st September 2009.
2
Paragraphs 10 and 11 of Schedule 1 apply to offences committed at or after 5.00 a.m. on 1st September 2009.
Consequential amendments and repeals of enactments2
1
The enactments listed in Schedule 1 are amended as there specified.
2
The enactments listed in Schedule 2 are repealed to the extent there specified.
3
The enactments listed in Schedule 3 are revoked to the extent there specified.
Modification of relevant byelaws3
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 19732 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.