Section 67.
SCHEDULE 5S Penalties for Offences Against Provisions of this Act
| 1Provision of this Act creating the offence | 2Rough description of offence | 3Whether licence-holder vicariously responsible | 4 Whether licence-holder and premises liable to disqualification | 5Penalty |
|---|---|---|---|---|
| Section 2 | Interested person acting as member of licensing board. | [F1level 5 on the standard scale] | ||
| Section 7(3) | Clerk of licensing board acting for person in proceedings before board. | [F1level 5 on the standard scale] |
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
| [F2Section 18A(7) | Breach of conditions relating to certain events. | Yes | Yes | Level 5] |
Textual Amendments
F2Sch. 5 table: entry inserted (21.10.1996) by 1996 c. 36, s. 1(3); S.I. 1996/2670, art. 2
| 1Provision of this Act creating the offence | 2Rough description of offence | 3Whether licence-holder vicariously responsible | 4 Whether licence-holder and premises liable to disqualification | 5Penalty |
|---|---|---|---|---|
| Section 19(1) | Canvassing member of licensing board. | [F1level 3 on the standard scale] | ||
| Section 2 9(2) | Unlawful sale of spirits. | Yes | Yes | [F1level 5 on the standard scale] |
| Section 33(4) and (5) | Contravention of condition of occasional licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 34(3) | Contravention of condition of occasional permission. | [F1level 3 on the standard scale] | ||
| Section 34(6) | Failure to ensure observance of provisions relating to conduct of licensed premises. | [F1level 3 on the standard scale] | ||
| Section 3 6(3) | Failing to comply with order to carry out structural alterations. | Yes | [F1level 3 on the standard scale] and £5 for every day of default. | |
| Section 38(4) | Contravention of any byelaw or condition attached to licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 41(1) | Selling unauthorised liquor in canteen. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 41(3) | Failure to provide food etc. in canteen. | Yes | Yes | [F1level 3 on the standard scale] |
| . . . F3 | . . . F3 | . . . F3 | . . . F3 | . . . F3 |
| Section 54(1)(a) | Sale or supply of liquor in licensed premises or canteen or club outwith permitted hours. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 54(1)(b) | Consuming liquor in licensed premises or canteen or club outwith permitted hours. | [F1level 3 on the standard scale] | ||
| Section 57(7) | Failure of club secretary to notify licensing board of alterations to premises with extended afternoon hours. | [F1level 3 on the standard scale] | ||
| Section 57(8) | Failure to display notice of extended afternoon hours. | [F1level 1 on the standard scale] | ||
| Section 58(7) | Failure of club secretary to notify licensing board of alterations to premises with extended evening hours. | [F1level 3 on the standard scale] | ||
| Section 58(8) | Failure to display notice of extended evening hours. | [F1level 1 on the standard scale] | ||
| Section 59(7) | Failure to display notice in public house of permitted hours on Sunday. | [F1level 1 on the standard scale] | ||
| Section 64(6) | Contravention of condition of grant of an extension of permitted hours. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 68(1) | Selling liquor to, or allowing consumption by persons under 18 in a bar. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 68(2) | Purchase of liquor in licensed premises, or consumption of liquor in a bar, by person under 18. | [F1level 3 on the standard scale] | ||
| Section 68(3) | Acting as agent for person under 18 in purchase of liquor or purchasing liquor for person under 18 or purchasing liquor for person under 18 to consume in a bar. | [F1level 3 on the standard scale] | ||
| Section 68(5) | Delivering liquor to a person under 18. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 69(1) | Permitting person under 14 in a bar or canteen during permitted hours. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 69(2) | Bringing person under 14 into a bar during permitted hours. | [F1level 3 on the standard scale] | ||
| Section 70(1) | Permitted unaccompanied person under 14 in premises with refreshment licence during permitted hours | Yes | Yes | [F1level 3 on the standard scale] |
| Section 70(1) | Permitting person under 14 to remain in premises with refreshment licence after 8 p.m. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 72(2) | Employing person under 18 in bar or canteen during permitted hours. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 73(1) | Employing person under 18 to serve liquor in premises with refreshment licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 74(1) | Entering licensed premises while drunk. | [F1level 1 on the standard scale] | ||
| Section 74(2) | Being in licensed premises while drunk. | [F1level 1 on the standard scale] | ||
| Section 75(1) | Procuring liquor in licensed premises for drunken person. | [F1level 3 on the standard scale] | ||
| Section 75(2) | Aiding a drunken person to obtain liquor. | [F1level 3 on the standard scale] | ||
| Section 76 | Sale or supply of liquor to drunken person. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 77 | Licence holder or employee or agent drunk in licensed premises or canteen. | Yes | Yes | [F1level 3 on the standard scale] and/or imprisonment for 60 days. |
| Section 78(1)(a) | Behaving in disorderly manner in licensed premises or canteen. | [F1level 3 on the standard scale] | ||
| Section 78(1)(b) | Using obscene language in licensed premises or canteen. | [F1level 3 on the standard scale] | ||
| Section 78(2) | Permitting breach of the peace, drunkeness, or riotious or disorderly conduct in licensed permises or canteen. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 79(1)(a) or (b) | Refusing to leave licensed premises or canteen. | [F1level 1 on the standard scale] | ||
| Section 80 | Permitting thieves, prostitutes, etc., or stolen goods in licensed premises. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 81 | Permitting unlawful games in licensed premises. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 82 | Drinking in premises where liquor sold without a licence. | [F1level 1 on the standard scale] | ||
| Section 83(1) | Consuming liquor in unlicensed places of public refreshment when public house closed. | [F1level 3 on the standard scale] | ||
| Section 83(2) | Permitting consumption of liquor outwith permitted hours in unlicensed places of public refreshment. | [F1level 3 on the standard scale] | ||
| Section 84 | Permitting a constable on duty to remain on the premises or supplying him with liquor. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 85 | Refusing to admit a constable to licensed premises or canteen for the execution of his duty. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 86 | Refusing to admit a constable or obstructing his entry to unlicensed premises. | [F1level 3 on the standard scale] | ||
| Section 87(1)(a) | Selling or supplying liquor on credit in licensed premises other than hotel or restaurant licensed premises or in club or canteen. | Yes | Yes | [F1level 3 on the standard scale]. |
| Section 87(1)(b) | Consuming liquor on credit in licensed premises other than hotel or restaurant licensed premises or in club or canteen. | [F1level 3 on the standard scale] | ||
| Section 88 | Selling fraudulently adulterated food or drink. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 89 | Failing to close on order of sheriff or licensing board. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 90(a) | Trafficking in liquor without a licence. | [F1level 5 on the standard scale] | ||
| Section 90(b) | Bartering or selling spirits without a licence. | [F1level 5 on the standard scale] | ||
| Section 90(c) | Hawking alcoholic liquor. | Yes | Yes | [F1level 3 on the standard scale] |
| [F4Section 90A(1)] | [F4Dealing wholesale other than from permitted premises] | [F4Yes] | [F4F4level 5 on the standard scale.] | |
| [F4Section 90A(2)] | [F4Wholesaler selling liquor to person under 18] | [F4Yes] | [F4F4level 3 on the standard scale.] | |
| [F4Section 90A(3)] | [F4Wholesaler permitting person under 18 to sell alcohol without approval] | [F4Yes] | [F4F4level 1 on the standard scale.] | |
| Section 91(1)(a) or (b) | Delivery of liquor from vehicles without proper entries in day book and invoice. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 91(2) | Carrying or delivering liquor in vehicles without entries in day book and invoice. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 91(3) | Refusing to allow a constable to examine the vehicle delivering liquor, or to examine day book and/or invoice. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 92(1) | Permitting liquor in crates on public service vehicle. | [F1level 3 on the standard scale] for public service vehicle licence-holder. [F1level 1 on the standard scale] for any other person. | ||
| Section 92(2) | Procuring or attampting to procure contravention of subsection (1). | [F1level 1 on the standard scale] | ||
| Section 93 | Sale of liquor on passenger vessels outwith Sunday permitted hours. | [F1level 3 on the standard scale] | ||
| Section 94(1) | Wholesaler permitting breach of the peace on the premises. | [F1level 3 on the standard scale] | ||
| Section 94(1) | Wholesaler selling liquor to drunk persons, or selling liquor on Sundays. | [F1level 3 on the standard scale] | ||
| Section 95 | Sale or supply for consumption outside registered club by non-members. | [F1level 3 on the standard scale] | ||
| Section 96(a) | Sale or supply of liquor in licensed canteen for consumption off the premises. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 96(b) | Taking liquor from licensed canteen for consumption off the premises. | [F1level 3 on the standard scale] | ||
| Section 97(1) | Permitting consumption of liquor on off-sale licensed premises. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 97(2) | Consuming liquor on off-sale licensed premises. | [F1level 3 on the standard scale] | ||
| Section 97(3) | Taking liquor from off-sale premises for sale. | Yes | Yes | [F1level 1 on the standard scale] |
| Section 97(4) | Selling liquor in open vessels on off-sale licensed premises. | Yes | Yes | [F1level 3 on the standard scale] |
| [F5Section 97A] | [F5Permitting person under 18 to sell alcohol without approval] | [F5Yes] | [F5Yes] | [F5level 3 on the standard scale.] |
| Section 98(1) | Selling or supplying liquor other than to residents and/or with table meal in premises with restricted hotel licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 98(2) | Trafficking in or supplying liquor, except to residents, for consumption off premises subject to restricted hotel licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 99(a) | Selling or supplying liquor in premises subject to restaurant licence except with meals. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 99(b) | Trafficking in or supplying liquor for consumption off premises subject to restaurant licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 100(a) | Trafficking in or selling liquor for consumption off premises subject to refreshment licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 100(b) | Selling liquor in premises subject to refreshment licence when other refreshments are not for sale. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 101(1) | Trafficking in or supplying liquor for consumption off premises subject to entertainment licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 101(2) | Contravention of conditions attached to entertainment licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 103 | Making false statement in application for certificate of registration of club. | [F1level 5 on the standard scale] | ||
| Section 111 | Conducting club in manner giving rise to objections mentioned in paragraph (f), (i), (j) or (l) of section 108 of this Act. | [F1level 3 on the standard scale] | ||
| Section 112(1) | Permitting person under 14 in bar of registered club during permitted hours. | [F1level 3 on the standard scale] | ||
| Section 112(3) | Causing person under 14 to be in bar of registered club during permitted hours. | [F1level 3 on the standard scale] | ||
| Section 113 | Employing person under 18 in bar of club to serve liquor. | [F1level 3 on the standard scale] | ||
| Section 114(2) | Refusing to give name and address or giving false name or address to constable in a registered club. | [F1level 3 on the standard scale] | ||
| Section 119 | Selling liquor on off-sale premises outwith permitted hours or contravening condition of an off-sale licence. | Yes | Yes | [F1level 3 on the standard scale] |
| Section 120(1) | Selling or supplying liquor in unregistered club. | [F1level 3 on the standard scale] | ||
| Section 120(1) | Paying for liquor supplied in unregistered club. | [F1level 3 on the standard scale] | ||
| Section 120(2) | Keeping liquor for sale or supply in unregistered club. | [F1level 3 on the standard scale] | ||
| Section 120(7) | Refusing to give name and address to constable in unregistered club. | [F1level 1 on the standard scale] | ||
| Section 123(2) | Selling confectionery containing alcoholic liquor to person under 16. | [F1level 3 on the standard scale] |
Textual Amendments
F3Entry repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81), Sch. 4