SCHEDULES
SCHEDULE 5Penalties for Offences Against Provisions of this Act
1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
Provision of this Act creating the offence | Rough description of offence | Whether licence-holder vicariously responsible | Whether licence-holder and premises liable to disqualification | Penalty |
Section 2 | Interested person acting as member of licensing board. | — | — | £400 |
Section 7(3) | Clerk of licensing board acting for person in proceedings before board. | — | — | £400 |
Section 19(1) | Canvassing member of licensing board. | — | — | £100 |
Section 29(2) | Unlawful sale of spirits. | Yes | Yes | £400 |
Section 33(4) and (5) | Contravention of condition of occasional licence. | Yes | Yes | £100 |
Section 34(3) | Contravention of condition of occasional permission. | — | — | £100 |
Section 34(6) | Failure to ensure observance of provisions relating to conduct of licensed premises. | — | — | £100 |
Section 36(3) | Failing to comply with order to carry out structural alterations. | — | Yes | £50 and £5 for every day of default. |
Section 38(4) | Contravention of any byelaw or condition attached to licence. | Yes | Yes | £50 |
Section 41(1) | Selling unauthorised liquor in canteen. | Yes | Yes | £100 |
Section 41(3) | Failure to provide food etc. in canteen. | Yes | Yes | £100 |
Section 50(6) | Breach of condition attached to licence. | Yes | Yes | £100 |
Section 54(1 )(a) | Sale or supply of liquor in licensed premises or canteen or club out-with permitted hours. | Yes | Yes | £100 |
Section 54(1)(b) | Consuming liquor in licensed premises or canteen or club out-with permitted hours. | — | — | £50 |
Section 57(7) | Failure of club secretary to notify licensing board of alterations to premises with extended afternoon hours. | — | — | £50 |
Section 57(8) | Failure to display notice of extended afternoon hours. | — | — | £20 |
Section 58(7) | Failure of club secretary to notify licensing board of alterations to premises with extended evening hours. | — | — | £50 |
Section 58(8) | Failure to display notice of extended evening hours. | — | — | £20 |
Section 59(7) | Failure to display notice in public house of permitted hours on Sunday. | — | — | £20 |
Section 64(6) | Contravention of condition of grant of an extension of permitted hours. | Yes | Yes | £100 |
Section 68(1) | Selling liquor to, or allowing consumption by persons under 18 in a bar. | Yes | Yes | £50 |
Section 68(2) | Purchase of liquor in licensed premises, or consumption of liquor in a bar, by person under 18. | — | — | £100 |
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. | — | — | £100 |
Section 68(5) | Delivering liquor to a person under 18. | Yes | Yes | £50 |
Section 69(1) | Permitting person under 14 in a bar or canteen during permitted hours. | Yes | Yes | £50 |
Section 69(2) | Bringing person under 14 into a bar during permitted hours. | — | — | £100 |
Section 70(1) | Permitting unaccompanied person under 14 in premises with refreshment licence during permitted hours. | Yes | Yes | £50 |
Section 70(1) | Permitting person under 14 to remain in premises with refreshment licence after 8 p.m. | Yes | Yes | £50 |
Section 72(1) | Employing person under 18 in bar or canteen during permitted hours. | Yes | Yes | £100 |
Section 73(1) | Employing person under 18 to serve liquor in premises with refreshment licence. | Yes | Yes | £100 |
Section 74(1) | Entering licensed premises while drunk. | — | — | £20 |
Section 74(2) | Being in licensed premises while drunk. | — | — | £20 |
Section 75(1) | Procuring liquor in licensed premises for drunken person. | — | — | £100 |
Section 75(2) | Aiding a drunken person to obtain liquor. | — | — | £100 |
Section 76 | Sale or supply of liquor to drunken person. | Yes | Yes | £50 |
Section 77 | Licence holder or employee or agent drunk in licensed premises or canteen. | Yes | Yes | £100 |
Section 78(1)(a) | Behaving in disorderly manner in licensed premises or canteen. | — | — | £100 and/or imprisonment for 60 days. |
Section 78(1)(b) | Using obscene language in licensed premises or canteen. | — | — | £100 |
Section 78(2) | Permitting breach of the peace, drunkenness, or riotous or disorderly conduct in licensed premises or canteen. | Yes | Yes | £50 |
Section 79(1)(a) or (b) | Refusing to leave licensed premises or canteen. | — | — | £20 |
Section 80 | Permitting thieves, prostitutes, etc., or stolen goods in licensed premises. | Yes | Yes | £100 |
Section 81 | Permitting unlawful games in licensed premises. | Yes | Yes | £50 |
Section 82 | Drinking in premises where liquor sold without a licence. | — | — | £20 |
Section 83(1) | Consuming liquor in unlicensed places of public refreshment when public house closed. | — | — | £50 |
Section 83(2) | Permitting consumption of liquor outwith permitted hours in unlicensed places of public refreshment. | — | — | £50 |
Section 84 | Permitting a constable on duty to remain on the premises or supplying him with liquor. | Yes | Yes | £50 |
Section 85 | Refusing to admit a constable to licensed premises or canteen for the execution of his duty. | Yes | Yes | £50 |
Section 86 | Refusing to admit a constable or obstructing his entry to unlicensed premises. | — | — | £50 |
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 | £50 |
Section 87(1)(b) | Consuming liquor on credit in licensed premises other than hotel or restaurant licensed premises or in club or canteen. | — | — | £50 |
Section 88 | Selling fraudulently adulterated food or drink. | Yes | Yes | £100 |
Section 89 | Failing to close on order of sheriff or licensing board. | Yes | Yes | £50 |
Section 90(a) | Trafficking in liquor without a licence. | — | — | £400 |
Section 90(b) | Bartering or selling spirits without a licence. | — | — | £400 |
Section 90(c) | Hawking alcoholic liquor. | Yes | Yes | £100 |
Section 91(1)(a) or (b) | Delivery of liquor from vehicles without proper entries in day book and invoice. | Yes | Yes | £100 |
Section 91(2) | Carrying or delivering liquor in vehicles without entries in day book and invoice. | Yes | Yes | £100 |
Section 91(3) | Refusing to allow a constable to examine vehicle delivering liquor, or to examine day book and/or invoice. | Yes | Yes | £100 |
Section 92(1) | Permitting liquor in crates on public service vehicle. | — | — | £100 for public service vehicle licence-holder. £20 for any other person. |
Section 92(2) | Procuring or attempting to procure contravention of subsection (1). | — | — | £20 |
Section 93 | Sale of liquor on passenger vessels outwith Sunday permitted hours. | — | — | £100 |
Section 94(1) | Wholesaler permitting breach of the peace on the premises. | — | — | £100 |
Section 94(1) | Wholesaler selling liquor to drunk persons, or selling liquor on Sundays. | — | — | £100 |
Section 95 | Sale or supply of liquor for consumption outside registered club by non-members. | — | — | £100 |
Section 96(a) | Sale or supply of liquor in licensed canteens for consumption off the premises. | Yes | Yes | £100 |
Section 96(b) | Taking liquor from licensed canteen for consumption off the premises. | — | — | £100 |
Section 97(1) | Permitting consumption of liquor on off-sale licensed premises. | Yes | Yes | £100 |
Section 97(2) | Consuming liquor on off-sale licensed premises. | — | — | £50 |
Section 97(3) | Taking liquor from off-sale premises for sale. | Yes | Yes | £10 |
Section 97(4) | Selling liquor in open vessels on off-sale licensed premises. | Yes | Yes | £100 |
Section 98(1) | Selling or supplying liquor other than to residents and/or with table meals in premises with restricted hotel licence. | Yes | Yes | £100 |
Section 98(2) | Trafficking in or supplying liquor, except to residents, for consumption off premises subject to restricted hotel licence. | Yes | Yes | £100 |
Section 99(c) | Selling or supplying liquor in premises subject to restaurant licence except with meals. | Yes | Yes | £100 |
Section 99(b) | Trafficking in or supplying liquor for consumption off premises subject to restaurant licence. | Yes | Yes | £100 |
Section 100(a) | Trafficking in or selling liquor for consumption off premises subject to refreshment licence. | Yes | Yes | £50 |
Section 100(b) | Selling liquor in premises subject to refreshment licence when other refreshments are not for sale. | Yes | Yes | £50 |
Section 101(1) | Trafficking in or supplying liquor for consumption off premises subject to entertainment licence. | Yes | Yes | £50 |
Section 101(2) | Contravention of conditions attached to entertainment licence. | Yes | Yes | £50 |
Section 103 | Making false statement in application for certificate of registration of club. | — | — | £400 |
Section 111 | Conducting club in manner giving rise to objections mentioned in paragraph (f), (i), (j) or (l) of section 108 of this Act. | — | — | £100 |
Section 112(1) | Permitting person under 14 in bar of registered club during permitted hours. | — | — | £50 |
Section 112(3) | Causing person under 14 to be in bar of registered club during permitted hours. | — | £50 | |
Section 113 | Employing person under 18 in bar of club to serve liquor. | — | — | £100 |
Section 114(2) | Refusing to give name and address or giving false name or address to constable in a registered club. | — | — | £50 |
Section 119 | Selling liquor on off-sale premises outwith permitted hours or contravening condition of an off-sale licence. | Yes | Yes | £100 |
Section 120(1) | Selling or supplying liquor in unregistered club. | — | — | £100 |
Section 120(1) | Paying for liquor supplied in unregistered club. | — | — | £100 |
Section 120(2) | Keeping liquor for sale or supply in unregistered club. | — | — | £100 |
Section 120(7) | Refusing to give name and address to constable in unregistered club. | — | — | £20 |
Section 123(2) | Selling confectionery containing alcoholic liquor to person under 16. | — | — | £50 |