Licensing (Scotland) Act 1976

1. Introductory Text

2. PART I Licensing Boards

   1. 1. Licensing boards

   2. 2. Disqualification of interested persons

   3. 3. Expenses of members of licensing boards

   4. 4. Meetings of licensing boards

   5. 5. Arrangements for discharge of functions of licensing boards

   6. 6. Chairman

   7. 7. Clerk of licensing boards

   8. 8. Fees payable

3. PART II The General Licensing System

   1. 9. Grants of licences by licensing boards

   2. 10. Application for licence

   3. 11. Special provisions for applications made other than by individual natural persons

   4. 12. Publication of list of applications

   5. 13. Consideration of applications

   6. 14. Further application for new licence where previous application refused

   7. 15. Attendance at meeting of licensing board by applicant or his representative

   8. 16. Objections in relation to applications

   9. 17. Grounds for refusal of application

   10. 18. Giving of reasons for decisions of a licensing board

   11. 19. Canvassing

   12. 20. Register of applications and decisions

   13. 21. Issue of licences

   14. 22. List of licence holders to be sent to Customs and Excise

   15. 23. Special provisions relating to applications for new licence

   16. 24. Special provisions relating to applications for renewal of a licence

   17. 25. Transfer of licences

   18. 26. Provisional grant of a licence

   19. 27. Grant of provisional licence

   20. 28. Licence not to be granted for premises on special roads

   21. 29. Alcoholic liquor which may be sold under licence

   22. 30. Currency of licence

   23. 31. Suspension of licence on receipt of complaint

   24. 32. Other power to suspend licence

   25. 33. Occasional licence for premises other than licensed premises or clubs

   26. 34. Occasional permissions

   27. 35. Consent of licensing board required for reconstruction, etc. of certain licensed premises

   28. 36. Power of licensing board to order structural alterations on renewal of certain licences

   29. 37. Power of licensing board to make regulations

   30. 38. Power of licensing board to make byelaws

   31. 39. Appeals to sheriff

4. PART III Seamen's Canteens

   1. 40. Power to authorise grant of licences for seamen's canteens

   2. 41. Procedure for grant of licences

   3. 42. Renewal of licences

   4. 43. Transfer of licences

   5. 44. Rights of appeal

   6. 45. Provisions of this Act which apply to licensed canteens

   7. 46. Interpretation of Part III

5. PART IV New Towns

   1. 47. Committee to determine distribution of licensed premises in new towns

   2. 48. General duties of committee

   3. 49. Submission and approval of proposals by committee

   4. 50. Grants of new licences and renewals in new towns

   5. 51. Dissolution of development corporation

   6. 52. Interpretation of Part IV

6. PART V The permitted hours

   1. 53. Permitted hours in licensed premises and registered clubs

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

   3. 55. Additional provisions regarding restricted hotel and restaurant licences

   4. 56. Alternative permitted hours in certain athletic clubs during winter

   5. 57. Extension of permitted hours in the afternoon in certain licensed premises and clubs

   6. 58. Extension of permitted hours in the evening in certain licensed premises and clubs

   7. 59. Restaurants in public houses may have permitted hours on Sundays in certain cases

   8. 60. Other provisions as respects permitted hours on Sundays

   9. 61. Six-day licences

   10. 62. Seasonal licences

   11. 63. Exemption of international airports from restrictions on times at which alcoholic liquor may be sold or supplied

   12. 64. Occasional and regular extensions of permitted hours

   13. 65. Restriction orders

   14. 66. Temporary restriction of permitted hours

7. PART VI Offences

   1. 67. Penalties for offences against provisions of this Act and Prevention of Corruption Acts

   2. 68. Protection of young persons

   3. 69. Children prohibited from bars and licensed canteens

   4. 70. Children on premises in respect of which refreshment licence held

   5. 71. Defences in relation to offences under section 68(1)(5), 69(1) or 70 of this Act

   6. 72. Persons under 18 not to be employed in bars or licensed canteens

   7. 73. Persons under 18 not to be employed to serve alcoholic liquor in premises for which refreshment licence is held

   8. 74. Drunk persons entering or in licensed premises

   9. 75. Procuring or aiding a drunken person to procure alcoholic liquor

   10. 76. Sale or supply of alcoholic liquor to drunken persons

   11. 77. Licence-holder and employees and agents not to be drunk

   12. 78. Riotous behaviour, etc. in licensed premises

   13. 79. Refusal to leave licensed premises

   14. 80. Penalty for permitting thieves, prostitutes, etc., or stolen goods in licensed premises

   15. 81. Prohibition of betting and gaming offences

   16. 82. Persons found drinking in unlicensed premises

   17. 83. Drinking in places of public refreshment, etc., when public house is closed

   18. 84. Offences in relation to constables

   19. 85. Power of police to enter licensed premises

   20. 86. Power of police to enter unlicensed premises

   21. 87. Restriction on credit sales

   22. 88. Fraudulent adulteration of food and drink

   23. 89. Order to close licensed premises

   24. 90. Trafficking or bartering without licence or hawking of liquor

   25. 91. Delivery of alcoholic liquor by vehicles, etc.

   26. 92. Restriction on carriage of alcoholic liquor in crates, etc., on contract carriages

   27. 93. Sale of alcoholic liquor on passenger vessels on Sundays

   28. 94. Forfeiture of wholesaler's excise licence in certain cases

   29. 95. Sale or supply of alcoholic liquor for consumption outside registered club

   30. 96. Prohibition of sale or supply of alcoholic liquor in licensed canteens for consumption off the premises

   31. 97. Consumption in, taking away of, and selling liquor from, off-sale premises

   32. 98. Restriction on sale or supply of liquor in premises subject to restricted hotel licence

   33. 99. Restriction on sale or supply of liquor in premises subject to restaurant licence

   34. 100. Restriction on sale or supply of liquor in premises subject to a refreshment licence

   35. 101. Restriction on sale or supply of liquor in premises subject to entertainment licence

8. PART VII Clubs

   1. 102. Register of clubs

   2. 103. Application for certificate of registration

   3. 104. Application for renewal of certificate of registration

   4. 105. Procedure on application for grant or renewal of certificate of registration

   5. 106. Currency of certificate of registration

   6. 107. Club rules qualifying for registration

   7. 108. Competent grounds of objection to registration

   8. 109. Cancellation of certificate of registration

   9. 110. Disqualification of premises for purposes of club

   10. 111. Penalties for offences by officials of registered clubs

   11. 112. Persons under 14 not to be allowed in club bars

   12. 113. Persons under 18 not to be employed to serve alcoholic liquor in clubs

   13. 114. Power of police to enter clubs

   14. 115. Inspection of register of clubs and of rules and list of members of club

   15. 116. Citation of registered club

   16. 117. Sheriff's jurisdiction and decision

   17. 118. Interpretation of Part VII

9. PART VIII Miscellaneous, Transitional & General

   1. 119. Trading hours for off-sale premises and off-sale parts of public houses and hotels

   2. 120. Liquor in unregistered clubs

   3. 121. Sale or supply of alcoholic liquor in certain theatres

   4. 122. Proof of trafficking in alcoholic liquor without licence

   5. 123. Alcoholic liquor in confectionery

   6. 124. Local authority premises

   7. 125. Supply of alcoholic liquor on order by certain officials and others

   8. 126. Burden of proof in case of drunkenness in licensed premises

   9. 127. Presumption as to contents of containers

   10. 128. Trial of offences

   11. 129. Conviction of licence-holder to be transmitted to clerk of licensing board

   12. 130. Limitation of actions against sheriffs, etc.

   13. 131. Temperance areas

   14. 132. Currency of final licensing certificates

   15. 133. Betting and gaming licences and permits

   16. 134. Notices, etc.

   17. 135. Orders

   18. 136. Amendments and repeals

   19. 137. Expenses

   20. 138. Exemptions and savings

   21. 139. Interpretation

   22. 140. Transitional provisions

   23. 141. Short title, extent and commencement

10. SCHEDULES

    1. SCHEDULE 1

       Types of Licence

       1. Public house licence

       2. Off-sale licence

       3. Hotel licence

       4. Restricted hotel licence

       5. Restaurant licence

       6. Refreshment Licence

       7. Entertainment Licence

    2. SCHEDULE 2

       Seamen's Canteens

       1. Grant and Transfer of Licences under Part in of this Act

          1. PART I Applications for grant of licences

             1. 1. (1) The applicant for the grant of a licence under...

             2. 2. Where an applicant has, through inadvertence or misadventure, failed to...

          2. PART II Application for and grant of provisional licences

             1. 3. The provisions of Part III of this Act relating to...

             2. 4. (1) A notice under paragraph 1 above need not state...

             3. 5. (1) A provisional licence shall not come into force until...

          3. PART III Application for transfer

             1. 6. (1) A person applying to the licensing board for the...

             2. 7. Paragraph 2 above shall apply in relation to paragraph 6...

    3. SCHEDULE 3

       Committee for New Town

       1. 1. A committee constituted under section 47 of this Act shall...

       2. 2. The members of a committee appointed under sub-paragraphs (b) and...

       3. 3. The appointment of a member of any such committee shall...

       4. 4. The quorum of any such committee shall be such as...

       5. 5. If the votes are equal on any question, the chairman...

       6. 6. Subject to the provisions of paragraphs 4 and 5 above,...

    4. SCHEDULE 4

       Sunday Opening of Premises in Respect of which a Public House Licence or Refreshment Licence is or will be in force and Sunday Restriction Orders Relating to Licensed Premises

       1. PART I Applications for Sunday opening

          1. 1. Applications may be made to a licensing board in accordance...

          2. 2. The holder of a public house licence or a refreshment...

          3. 3. The clerk of a licensing board shall, not later than...

          4. 4. The list mentioned in paragraph 3 above shall specify—

          5. 5. Section 10(2)(b) and section 10(5) of this Act shall, with...

          6. 6. It shall be competent for any person mentioned in section...

          7. 7. A licensing board shall refuse an application made under paragraph...

          8. 8. The consequence of the refusal of an application under paragraph...

          9. 9. An applicant may appeal to the sheriff against a decision...

          10. 10. Any competent objector who appeared at the hearing of any...

          11. 11. A licensing board shall not within two years of its...

          12. 12. An application for a new public house licence or refreshment...

          13. 13. An application for the renewal of a public house licence...

          14. 14. Paragraphs 5 to 11 above shall apply in relation to...

          15. 15. The grant of an application for Sunday opening under paragraph...

          16. 16. The grant of an application for Sunday opening under paragraph...

          17. 17. If an application for Sunday opening is made under paragaph...

          18. 18. The grant of an application for Sunday opening shall cease...

       2. PART II Sunday restriction orders

          1. 19. Where on a complaint being made to a licensing board...

          2. 20. The provisions of subsections (4) to (6) of section 31...

          3. 21. The licensing board may make a Sunday restriction order in...

          4. 22. Subsections (4) to (8) of section 65 of this Act...

    5. SCHEDULE 5

       Penalties for Offences Against Provisions of this Act

    6. SCHEDULE 6

       Forms Relating to Registration of Clubs

    7. SCHEDULE 7

       Minor and Consequential Amendment of Enactments

       1. The Burgh Police (Scotland) Act 1892

          1. 1. In section 380(4) (penalties), for the word " exciseable "...

          2. 2. In section 440 (brokers not to carry on business as...

       2. The Customs and Excise Act 1952

          1. 3. In section 307 (interpretation), for paragraph (b) of the definition...

          2. 4. In section 315 (application to Scotland), in paragraph (c), for...

       3. The Finance Act 1967

          1. 5. In section 5(3) (abolition of club licences, etc.), for the...

       4. Countryside (Scotland) Act 1967

          1. 6. In section 78(1) (interpretation), for the definition of " refreshments...

       5. The New Towns (Scotland) Act 1968

          1. 7. In section 18(2) (disposal of land by development corporation), for...

          2. 8. In section 47(1) (interpretation), after the definition of " the...

       6. The Gaming Act 1968

          1. 9. In section 6 (general provisions as to gaming in licensed...

          2. 10. In section 7(2) (provisions as to persons under 18), the...

          3. 11. In section 8(7) (offences), for the words "subsection (7) of...

          4. 12. In paragraph 23 of Schedule 9 (permits under section 34),...

    8. SCHEDULE 8

       Repeals