Licensing (Scotland) Act 1976

127 Presumption as to contents of containers

(1) For the purposes of any trial in connection with an alleged contravention of any provision of this Act, the following provisions of this section shall apply.

(2) Any liquid found in a container (sealed or opened) in licensed premises, a registered club or licensed canteen, or in any sealed container found elsewhere shall, subject to the provisions of this section, be presumed to conform to the description of the liquid on the container.

(3) Where a prosecutor intends to rely on subsection (2) above, he shall give notice of his intention to the accused or his agent at least 14 days before the trial.

(4) Where an accused or his agent intends to challenge the presumption set out in subsection (2) above, he shall give notice of his intention to the prosecutor at least 7 days before the trial, and if he fails to give such notice he shall not at the trial be entitled to challenge that presumption.

(5) A notice given under subsection (3) or (4) above shall be in writing and sent by recorded delivery, and the execution of the recorded delivery shall be sufficient evidence of the time of posting of the notice and of its intimation to the addressee.

(6) Any such notice shall be presumed to have been intimated to the addressee on the day after the date on which it was posted, except that in the case of a notice posted on a Friday or Saturday, it shall be presumed to have been so intimated on the Monday next following.