- Latest available (Revised)
- Point in Time (01/02/2008)
- Original (As enacted)
Version Superseded: 01/09/2009
Point in time view as at 01/02/2008.
There are currently no known outstanding effects for the Licensing (Scotland) Act 1976 (repealed), SCHEDULE 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 67.
Textual Amendments applied to the whole legislation
F6Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I 2007/129, art. 3, sch.; S.S.I 2007/472, arts. 2, 3, sch. 1, sch. 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 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
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: