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Licensing (Scotland) Act 1976 (repealed)
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- 1976 c. 66
- Part VI
- Section 92
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Changes over time for: Section 92
Version Superseded: 01/09/2009
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- 01/02/1992- Amendment
- 01/02/2008
Point in time - 01/09/2009- Amendment
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92 Restriction on carriage of alcoholic liquor in crates, etc., on contract carriages. F4S
(1)If the holder of a [F1PSV operator’s licence] in respect of any vehicle, either himself or by his employee or agent, or if the employee or agent of such holder permits any alcoholic liquor to be carried on the said vehicle in such a container or other device as is mentioned in subsection (4) below at any time when that vehicle is being used [F1for the carriage of passengers otherwise than at separate fares], he shall be guilty of an offence.
(2)If any person procures or attempts to procure a contravention of subsection (1) above he shall be guilty of an offence.
(3)Where the holder of a [F2PSV operator’s licence] is charged with an offence under this section by reason only of a contravention of subsection (1) above committed by an employee or agent of his, it shall be a defence for him to prove that the contravention took place without his consent or connivance and that he exercised all due diligence to prevent it.
(4)This section applies to any container or other device (including a container or device fixed to, or forming part of, a vehicle) constructed or adapted for the purpose of holding two or more bottles or cans or of holding liquid in excess of six pints.
[F3(5)In this section “PSV operator’s licence” has the like meaning as in Part II of the Public Passenger Vehicles Act 1981.]
Textual Amendments
F1Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(a)
F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(b)
F3S. 92(5) substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(c)
Modifications etc. (not altering text)
C1S. 92 excluded by Criminal Justice (Scotland) Act 1980 (c.62, SIF 39:1), s. 70.
S. 92 excluded (1.4.1996) by 1995 c. 39, ss. 19(2), 53(2)
C2S. 92(5): Part III of the Road Traffic Act 1960 repealed and Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) and Public Passenger Vehicles Act 1981 (c.14, SIF 107:1) apply
Textual Amendments applied to the whole legislation
F4Act 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
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