Finance Act 1967

Section 5.

SCHEDULE 8 Modifications of Licensing (Scotland) Acts 1959 and 1962 Consequential on Abolition of Retailer's Licences, etc.

A. The Licensing (Scotland) Act 1959 (7 & 8 Eliz. 2. c. 51)

1 At the end of section 57, there shall be added the following proviso:—

“Provided also that the holder of an off-sale certificate may not sell spirits or wine (including British wine within the meaning of the Customs and Excise Act 1952) in open vessels ; and any such holder who does so shall be liable on a first conviction to a fine not exceeding ten pounds, and on a subsequent conviction to a fine not exceeding twenty pounds.”

2 In section 66(1), for the words " a kind of retailer's on-licence other than that requested by the applicant " there shall be substituted the words " the types of liquor (including, if the court thinks fit, types of liquor other than those in respect of which the application for the licence was made) which may be sold under the licence. ".

3 In section 68(1), for the words " licences " and " those licences " there shall be substituted respectively the words " licence " and " that licence ".

4 In section 69, for paragraphs (b) and (c) there shall be substituted the following—

“(b) on an application for the grant of a licence under this Part of this Act, specify, as types of liquor which may be sold under the licence, types other than those in respect of which the application for the licence was made ; or

(c) on an application for renewal of a licence under this Part of this Act, do not comply with any request duly made by the applicant for a change in the specification of the types of liquor which may be sold under the licence ; or”.

5 In section 134(2), for the words " an excise licence for the sale of exciseable liquor " there shall be substituted the words " a certificate ".

6 In section 135(2), for the words " an excise licence for the sale of exciseable liquor " there shall be substituted the words " a certificate ".

7 In section 141(1), for the words " an excise licence " there shall be substituted the words " a certificate ".

8 At the end of section 144 there shall be added the following subsection:—

“(6) This section shall apply to any premises or place where exciseable liquor is sold under a special permission as it applies to the bar 6f the licensed premises of the holder of the special permission.”.

9 In section 161, for the words from " in respect of which no certificate is held " to " has been granted)" there shall be substituted the words " to which section 198(b) of this Act applies) ".

10 In section 164(4), for the words " no excise licence for the sale of exciseable liquor is in force " there shall be substituted the words " none of the following is in force, that is to say—

(a) a certificate ;

(b) a licence under Part III of this Act;

(c) a certificate of registration under Part XI of this Act."

11 In section 173, in paragraph (1), for the words " an excise licence " there shall be substituted the words " a certificate or a wholesaler's excise licence ".

12 In section 198, for paragraph (a) there shall be substituted the following—

“(a) make unlawful trafficking in exciseable liquor in a canteen held under the authority of a Secretary of State;”.

13 In section 198, for paragraph (b) there shall be substituted the following—

“(b) make unlawful trafficking in exciseable liquor in a theatre erected before 1st January 1904 ;”.

14 In section 198, for paragraph (d) there shall be substituted the following—

“(d) make unlawful trafficking, with passengers in an aircraft, vessel or railway passenger vehicle, in exciseable liquor for consumption on board the aircraft or vessel or in the railway passenger vehicle if the aircraft or vessel is employed for the carriage of passengers and is being flown or navigated from a place in the United Kingdom to another such place or from and to the same place in the United Kingdom on the same day, or, as the case may be, if the railway passenger vehicle is a vehicle in which passengers can be supplied with food;”.

15 In Schedule 3, in the paragraph beginning " Does the applicant hold ", for the words " an excise licence for the sale of exciseable liquor " there shall be substituted the words " a certificate under the [1959 c. 51.] Licensing (Scotland) Act 1959, or a licence under Part III of that Act " ; and for the words " that licence " there shall be substituted the words " that certificate or, as the case may be, that licence " ; and, in the paragraph beginning " Has the applicant any interest ", for the words " an excise licence for the sale of exciseable liquor " there shall be substituted the words " a certificate under the Licensing (Scotland) Act 1959 or a licence under Part III of that Act " ,

and for the words " a certificate " there shall be substituted the words " such a certificate or licence ".

16 In Schedule 6, in paragraph 3, for the words " the kind of retailer's on-licence which is desired " there shall be substituted the words " the types of liquor which it is desired to sell under the licence ".

17 In Schedule 8, in paragraph 4(1)(a), for the words " liquors for the sale of which an excise licence is required," there shall be substituted the words " exciseable liquor ".

B. The Licensing (Scotland) Act 1962 (10 & 11 Eliz. 2. c. 51)

18 At the end of section 14 there shall be added the following subsection:—

“(9) Subsections (1) to (4), (6) and (7) of this section shall apply to any premises or place where exciseable liquor is sold under a special permission as they apply to the licensed premises of the holder of the special permission.”.

19 In section 16, in subsection (1), for the word " an " there shall be substituted the words " a wholesaler's ".

20 In section 21, for subsection (3) there shall be substituted the following subsection:—

“(3) In this section the expression " passenger vessel " means a vessel of any description employed for the carriage of passengers which goes from any place in the United Kingdom to any other such place, or goes from and returns to the same place in the United Kingdom on the same day.”