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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- UK Public General Acts
- 1990 c. 40
- Part III
- Wholesale selling of alcoholic...
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Changes over time for: Cross Heading: Wholesale selling of alcoholic liquor
Version Superseded: 01/02/2008
Alternative versions:
- 01/02/1991- Amendment
- 31/03/1995
Point in time - 01/02/2008- Amendment
Status:
Point in time view as at 31/03/1995.
Changes to legislation:
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Cross Heading: Wholesale selling of alcoholic liquor is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Wholesale selling of alcoholic liquorS
52 Wholesale selling of alcoholic liquor.S
(1)After section 90 of the principal Act there shall be inserted the following section—
“90A Wholesale selling of alcoholic liquor.
(1)A wholesaler or his employee or agent who barters, sells, or exposes or offers for sale alcoholic liquor shall be guilty of an offence unless—
(a)he does so from premises which are used exclusively for wholesale trading (whether solely of alcoholic liquor or not); or
(b)he does so from licensed premises, a licensed canteen or a registered club during the hours in respect of which it is lawful to sell alcohol by retail from or in these premises, that canteen or that club.
(2)A wholesaler or his employee or agent who sells alcoholic liquor to a person under 18 shall be guilty of an offence.
(3)A wholesaler or his employee or agent who causes or permits a person under 18 to sell alcoholic liquor without that sale having been specifically approved by a person of or over 18 shall be guilty of an offence.
(4)Section 67 of this Act (penalties for offences) shall apply in respect of offences under this section as if references in that section to a licence-holder were references to a wholesaler.
(5)Section 71 of this Act (defence of due diligence) shall apply to any person charged with an offence under this section as if the reference in that section to a licence-holder were a reference to a wholesaler.
(6)In this section—
“licence-holder” includes the holder of a licence under Part III of this Act; and
“wholesale” and “wholesaler”, insofar as they relate to the sale of alcoholic liquor, have the meaning given in section 4(1) of the Alcoholic Liquor Duties Act 1979 in relation to dealing in alcoholic liquor.”
(2)In Schedule 5 to that Act, after the entry relating to section 90(c) there shall be inserted—
| “Section 90A(1) | Dealing wholesale other than from permitted premises | Yes | level 5 on the standard scale. | |
| Section 90A(2) | Wholesaler selling liquor to person under 18 | Yes | level 3 on the standard scale. | |
| Section 90A(3) | Wholesaler permitting person under 18 to sell alcohol without approval | Yes | level 1 on the standard scale.” |
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