Licensing (Scotland) Act 1976 (repealed)

139 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “alcoholic liquor” includes spirits, wine, porter, ale, beer, cider, perry and made-wine, but does not include

[F1 (a)] any liquor which on analysis of a sample thereof at any time is found to be of an original gravity not exceeding 1,016 degrees and to be of a strength not exceeding [F2 1.2%] of ethyl alcohol by volume (at a temperature of 20 degrees Celsius) . . . F3 ;

[F4 (b) perfumes;

(c) flavouring essences recognised by the Commissioners as not being intended for consumption as or with dutiable alcoholic liquor;

(d) spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage,]

• “bar” includes any place exclusively or mainly used for the sale and consumption of alcoholic liquor;

• “Commissioners” means Commissioners of Customs and Excise;

• “constable” means a constable of a police force maintained under the M1 Police (Scotland) Act 1967;

• “contravene” includes fail to comply with, and “contravention” has a corresponding meaning;

• “development corporation” has the same meaning as in the M2 New Towns (Scotland) Act 1968;

• “enactment” includes any order, rule, regulation or other instrument made under an Act of Parliament;

• “fire authority” has the same meaning as in section 38 of the M3 Fire Services Act 1947;

• “grant”, in relation to a licence, includes a grant by way of renewal, and “granting” and “application” shall be construed accordingly;

• “hawking” means trafficking in or about [F5 roads] or other places or in or from any boat or other vessel on the water;

• “hotel” means—

  (a)

  in towns and the suburbs thereof, a house containing at least four apartments set apart exclusively for the sleeping accommodation of travellers;

  (b)

  in rural districts and populous places not exceeding 1,000 inhabitants according to the census for the time being last taken, a house containing at least two such apartments;

• “licence” means a licence granted under this Act other than under Part III of this Act;

• “licence-holder” and “holder of a licence” mean the holder of a licence under this Act other than under Part III of this Act;

• “licensed canteen” means a seaman’s canteen in respect of which a licence under Part III of this Act is in force;

• “licensed premises” means premises in respect of which a licence under this Act is in force other than under Part III of this Act;

• “licensing area” means any area for which there is a separate licensing board;

• “licensing board” means a licensing board constituted under section 1 of this Act;

• “made-wine” means made-wine within the meaning of the [F6 section 1 of the M4 Alcoholic Liquor Duties Act 1979];

• “new licence” means a licence granted in respect of premises for which, at the time of the application for such grant, either no licence was in force or a licence in a form different from the form of licence so granted was in force:

Provided that a licence granted in respect of premises which have been rebuilt after having been destroyed by fire, tempest or other unforeseen cause, and for which, at the time when they were so destroyed, a licence in the same form as the first-mentioned licence was in force, shall be deemed not to be a new licence;

• “off-sale premises” means premises in respect of which an off-sale licence under this Act is in force;

• “permitted hours” means the hours during which by virtue of this Act alcoholic liquor may be sold, supplied or consumed in licensed premises;

• “prescribed” means prescribed by regulations made under section 37 of this Act;

• “public house” includes an inn, ale-house, victualling house or other premises in which alcoholic liquor is sold by retail for consumption either on or off the premises;

• “registered club” means a club in respect of which a certificate of registration under Part VII of this Act is in force, and “unregistered club” shall be construed accordingly;

• “table meal” means a meal eaten by a person sitting at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table;

• “trafficking” means bartering, selling, dealing in, trading in, or exposing or offering for sale, by retail;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “wine” means wine within the meaning of the [F6 section 1 of the M5 Alcoholic Liquor Duties Act 1979].

(2) References in this Act to a bar counter in any premises shall not include references to a counter in such premises which is a bona fide used, or intended to be used,—

(a) as a place at which meals are served to persons sitting thereat and at which alcoholic liquor is supplied to persons taking such meals for consumption by such a person while seated at such counter and as an ancillary to his meal; or

(b) as a place at which alcoholic liquor is dispensed to the holder of a licence in respect of the premises or any servant or agent of his, but to no other person, and is so dispensed in order that it may be supplied to persons frequenting the premises; or

(c) for both of the purposes mentioned in the two foregoing paragraphs;

and for no other purpose.

(3) For the purposes of this Act, a person shall be treated as residing in any premises, notwithstanding that he occupies sleeping accommodation in a separate building, if he is provided with that accommodation in the course of a business of providing board and lodging for reward at those premises and the building is habitually used for the purpose by way of annex or overflow in connection with those premises and is occupied and managed with those premises.

(4) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, extended or applied by or under any other enactment, including this Act.

[F8 (5) Any requirement under this Act to cause to be published the address of—

(a) an applicant in respect of any competent application made to a licensing board;

(b) an employee or agent of an applicant who is not an individual natural person; or

(c) a person who is to be the holder of a licence under Part III of this Act,

may be satisfied by causing to be published the address of his agent and the clerk of a licensing board shall cause to be published the address of the agent rather than the address of any person mentioned in paragraphs (a) to (c) above if so requested by that person.

(6) Any requirement in this Act to intimate anything to an applicant may be satisfied by so intimating to his agent.]

Textual Amendments

F1 “(a)" inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 53

F2 Words substituted by S.I. 1979/1755, reg. 3(2)

F3 Words repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III

F4 S. 139(1)(b)–(d) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 53

F5 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 156(1), Sch. 9 para. 77(3)

F6 Words substituted by Alcoholic Liquor Duties Act 1979 (c. 4, SIF 40:1), Sch. 3 para. 9

F7 Definition repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III

F8 S. 139(5)(6) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 18; S.I. 1991/2862, art. 3, Schedule.

Modifications etc. (not altering text)

C1 Definition of 'hotel' in s. 139(1) applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Schedule para.2

Marginal Citations

M1 1967. 77(95).

M2 1968 c. 16(123:4).

M3 1947 c. 41(50).

M4 1979 c. 4(40:1).

M5 1979 c. 4(40:1).