Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

52 Wholesale selling of alcoholic liquor

(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.”